10 Unacceptable level of interference

(1) For the purposes of subsection 145(4) of the Act, a level of interference caused by a radiocommunications transmitter operated under a spectrum licence issued for the 850/900 MHz band is unacceptable if: (a) the operation of the transmitter in the 850/900 MHz band results in a breach 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) and (3), any part of the device boundary of the transmitter lies outside of the geographic area of the licence; or (c) the transmitter operates in the 850 MHz Lower Sub-band or 900 MHz Lower Sub-band and its antenna has an effective antenna height greater than 10 metres; or (d) the device boundary of the transmitter cannot be calculated in accordance with Part 1 of Schedule 2. (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 boundary of the ASMG; and (b) is connected to a radial that: (i) is mentioned in Part 1 of Schedule 2; and (ii) does not cross the geographic area of another spectrum licence in the 850/900 MHz band. (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; (b) is connected to a radial that: (i) is mentioned in Part 1 of Schedule 2; and (ii) does not cross over the land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline; and (iii) does not cross over an area within any of the following HCIS identifiers: IW3E, IW3I, IW3M, IW6A, IW6E, KX9, LX7, LX8, LX9.

Note 1: 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 850/900 MHz band spectrum licence – see subsection 69(2) of the Act. Accordingly, these transmitters are not required to meet the device boundary criteria specified in this instrument.

Note 2: In subparagraph (3)(b)(iii), the HCIS identifiers beginning with IW cover an area near Adelaide, and the HCIS identifiers beginning with KX and LX cover an area in Bass Strait.

(4) In this section, Australian territorial sea baseline means the baseline from which the breadth of the territorial sea, or any part of the territorial sea, is to be measured under section 7 of the Seas and Submerged Lands Act 1973. (5) This section does not apply in relation to a radiocommunications transmitter to which section 12 applies.