8Unacceptable levels of interference

8 Unacceptable levels of interference

(1) A level of interference caused by a radiocommunications transmitter operated under a 2.3 GHz spectrum licence is unacceptable if: (a) the operation of the transmitter results in a contravention of a core condition of the licence relating to the maximum permitted level of radio emission from the transmitter: (i) outside the parts of the spectrum the use of which is authorised under the licence; or (ii) outside the geographic area of the licence; or (b) subject to subsection (2), any part of the device boundary of the transmitter lies outside of the geographic area of the licence; or (c) the device boundary of the transmitter cannot be calculated in accordance with item 1 of Schedule 1. (2) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary that: (a) lies outside the geographic area of the licence; and (b) is connected to a radial that: (i) is mentioned in item 1 of Schedule 1; and (ii) does not cross over land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline; and (iii) does not cross over any of the following HCIS identifiers: IW3E, IW3I, IW3M, IW6A, IW6E, KX9, LX7, LX8, LX9.

Note: The HCIS identifiers beginning with IW describe an area near Adelaide. The HCIS identifiers beginning with KX and LX describe an area in the Bass Strait.

(3) This section does not apply in relation to a radiocommunications transmitter to which section 10 applies.

Note: Subsection 145(1) of the Act provides that the ACMA may refuse to include in the Register details of a radiocommunications transmitter if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices. However, some radiocommunications transmitters are exempt from the requirement to be registered in the Register under their 2.3 GHz band spectrum licence – see subsection 69(2) of the Act. Accordingly, these transmitters are not required to meet the device boundary criterion specified in this Determination.