10Unacceptable level of interference

10 Unacceptable level of interference

(1) A level of interference caused by a radiocommunications transmitter operated under a 2 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 subsections (2), (3) and (5), 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 2; or (d) the transmitter: (i) operates in the 2 GHz lower band; and (ii) has an antenna with an effective antenna height, for any radial n, greater than 20 metres. (2) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the radiocommunications transmitter 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 2; and (ii) does not cross over land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline. (3) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the radiocommunications transmitter (the relevant transmitter) if: (a) the device details of the relevant transmitter; and (b) the device details of a radiocommunications transmitter registered under Part 3.5 of the Act in relation to a 2 GHz spectrum licence that expired on 11 October 2017; are the same. (4) In subsection (3), the device details of a radiocommunications transmitter are the details set out in the following provisions of the Radiocommunications (Register of Radiocommunications Licences) Determination 2017, as in force at the time this instrument commenced: (a) paragraph 12(3)(a); (b) paragraph 12(3)(b); (c) paragraph 12(3)(c); (d) paragraph 12(3)(d); (e) paragraph 12(4)(d); (f) subsection 12(5). (5) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the radiocommunications transmitter that: (a) lies outside the geographic area of the spectrum licence; and (b) falls within the HCIS identifier MW4H6; if the transmitter operates in either of the following frequency bands: (c) 1920 MHz to 1930 MHz; or (d) 2110 MHz to 2120 MHz.

Note: The HCIS identifier MW4H6 covers the area around the Canberra Deep Space Communications Complex.

(6) This section does not apply in relation to a radiocommunications transmitter to which section 12 applies.