7Unacceptable levels of interference

7 Unacceptable levels of interference

(1) A level of interference caused by a radiocommunications transmitter operated under a 3.4 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) to (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 1; or (d) the transmitter is on an aircraft. (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 Australian Spectrum Map Grid; and (b) is connected to a radial that: (i) is mentioned in item 1 of Schedule 1; and (ii) does not cross over the geographic area of another 3.4 GHz spectrum licence. (3) 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) lies inside an earth station protection zone; (c) is connected to a radial that: (i) is mentioned in item 1 of Schedule 1; and (ii) does not cross over the geographic area of another 3.4 GHz spectrum licence. (4) 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.

(5) 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) lies inside an urban area; and (c) relates to the operation of a radiocommunications transmitter with an occupied bandwidth contained in the 3400 MHz to 3475 MHz frequency band; and (d) is connected to a radial that: (i) is mentioned in item 1 of Schedule 1; and (ii) does not cross over the geographic area of another 3.4 GHz spectrum licence. (6) This section does not apply in relation to a radiocommunications transmitter to which section 9 applies.