Document ID: chunk:federal_register_of_legislation:F2020L01460:reg:9:p1
Version: federal_register_of_legislation:F2020L01460
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 13041–15790

9  Unacceptable level of interference
 (1) For the purpose of subsection 145(4) of the Act, a level of interference caused by a radiocommunications transmitter operated under a spectrum licence issued for the 26 GHz band is unacceptable if:
(a) the operation of the transmitter in the 26 GHz 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), (3) and (4), 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 Part 1 of Schedule 2 to this instrument.
 (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 to this instrument; and
             (ii) does not cross the geographic area of another spectrum licence in the 26 GHz 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) lies inside the area with the HCIS identifier MW4H6; and
(c) is connected to a radial that:
              (i) is mentioned in Part 1 of Schedule 2 to this instrument; and
              (ii) does not cross the geographic area of another spectrum licence in the 26 GHz band.
 (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;
(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.
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 26 GHz band spectrum licence – see subsection 69(2) of the Act. Accordingly, these transmitters are not required to meet the device boundary criteria specified