Document ID: chunk:federal_register_of_legislation:F2018L01064:clause:6_8:p5
Version: federal_register_of_legislation:F2018L01064
Segment Type: clause
Provision Reference: sch 6 cl 8 (pt 5/11)
Character Range: 70206–73558

the licensee carries on business.

          (2) An authorised person must not derive income, profits or gains from operating radiocommunications devices under this licence, or from allowing third parties to operate radiocommunications devices under this licence, unless:

             (a) the authorised person is an Australian resident; or

             (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the authorised person carries on business.

          (3) In this condition:

         Australian resident has the same meaning as in the Income Tax Assessment Act 1997.

         authorised person means a person authorised under section 68 of the Act by the licensee to operate radiocommunications devices under this licence.

         permanent establishment has the same meaning as in:

(a)                if the licensee or authorised person (as appropriate) is a resident of a country or other jurisdiction with which Australia has an agreement within the meaning of the International Tax Agreements Act 1953—that agreement; or
(b)                in any other case—the Income Tax Assessment Act 1997.

Licence Schedule 4 Other Conditions

Definitions
1. In this Licence Schedule 4:

    communal site has the same meaning as in the Radiocommunications (Interpretation) Determination 2015 as in force from time to time.

managing interference includes, but is not limited to:

         (a)                investigating the possible causes of the interference;

         (b)                taking all steps reasonably necessary to resolve disputes about interference;

         (c)                taking steps (or requiring persons authorised to operate devices under this licence to take steps) reasonably likely to reduce interference to acceptable levels; and

         (d)                negotiating with other persons to reduce interference to acceptable levels.

    relevant area has the meaning given by subsection 4(1) of the Australian Communications and Media Authority (Radiocommunications Licence Conditions – 3.4 and 3.6 GHz Bands Interference Management) Direction 2018.

    relevant band means the part of the spectrum from 3400 to 3700 MHz.

    PTS transmitter licence means a transmitter licence of the PTS type.

    special subframe configuration 6 means a special subframe configuration, as referred to in clause 4.2 of 3GPP TS 36.211, that is consistent with special subframe configuration 6, as referred to in Table 4.2-1 of 3GPP TS 36.211.

    uplink-downlink configuration 2 means an uplink-downlink configuration, as referred to in clause 4.2 of 3GPP TS 36.211, that is consistent with uplink-downlink configuration, as referred to in Table 4.2-2 of 3GPP TS 36.211.

Responsibility to manage interference
2. The licensee must manage interference between:

         (a)                radiocommunications devices operated under this licence; and

         (b)                radiocommunications devices operated under this licence and under each other spectrum licence held by the licensee.

Co-sited devices
3. If:

(a)  interference occurs between a radiocommunications device:

      (i) operated under this licence; and

      (ii) operated under another licence (the other licence);

         when the measured separation between the phase centre of the