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Radiocommunications (Unacceptable Levels of Interference — 3.4 GHz Band) Determination 2015

Radiocommunications Act 1992
made under subsection 145(4) of the
Radiocommunications Act 1992.

Compilation No. 3

Compilation date:    27 June 2023

Includes amendments up to: F2023L00857

Prepared by the Australian Communications and Media Authority, Melbourne

   1 Name of Determination
    This Determination is the Radiocommunications (Unacceptable Levels of Interference — 3.4 GHz Band) Determination 2015.
   4 Purpose
    This Determination is made for the purposes of section 145 of the Act and sets out what is an unacceptable level of interference caused by a radiocommunications transmitter operating under a spectrum licence issued in the 3.4 GHz band, so as to ensure that high levels of emission from radiocommunications transmitters operated under a spectrum licence are kept within the geographic area and frequency band of the licence.
   Note 1 Under section 145 of the Act, the ACMA may refuse to register a radiocommunications transmitter if it is satisfied that the operation of the radiocommunications transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other spectrum licence, or any other licence.
   Note 2 The ACMA information paper, Registration of radiocommunications devices under spectrum licences, (available on the ACMA website: www.acma.gov.au), provides further information about the registration of radiocommunications transmitters under Part 3.5 of the Act.
   Note 3 The ACMA has issued written advisory guidelines under section 262 of the Act about compatibility requirements in relation to the assignment of frequencies to radiocommunications transmitters operated under apparatus licences and the operation of radiocommunications transmitters under spectrum licences.  The ACMA will take these guidelines into account during the settlement of interference disputes.  Each case will be assessed on its merits.  The guidelines do not prevent a licensee negotiating other compatibility requirements with another licensee.  The guidelines are:
         * Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 3.4 GHz Band) 2015; and
         * Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers — 3.4 GHz Band) 2015.
   These instruments can be accessed on the ComLaw website: www.comlaw.gov.au.
   5 Interpretation
   (1) In this Determination, unless the contrary intention appears:

   3.4 GHz band means the 3400 MHz to 3800 MHz frequency band.

   Act means the Radiocommunications Act 1992.
   active antenna system or AAS means a base station antenna system where the amplitude and/or phase between antenna elements is continually adjusted, resulting in an antenna pattern that varies in response to short term changes in the radio environment.
   Australian Spectrum Map Grid (ASMG) means the Australian Spectrum Map Grid 2012 published by the ACMA, as existing from time to time.
   Note The ASMG can be accessed on the ACMA website: www.acma.gov.au.
   Australian territorial sea baseline means the baseline