Document ID: chunk:federal_register_of_legislation:F2023C00550:reg:1a:p2
Version: federal_register_of_legislation:F2023C00550
Segment Type: reg
Provision Reference: reg 1A (pt 2/27)
Character Range: 13607–16780

must not operate a radiocommunications transmitter under an area-wide licence (the relevant licence) unless:
 (a) the following details in relation to the transmitter have been entered in the Register:
              (i)            the details about the transmitter set out in subsection 10(5) of the Register Determination; and
              (ii)          the details about the use of spectrum by the transmitter set out in subsection 10(4) of the Register Determination; and
              (iii)        the details about the antenna for the transmitter set out in subsection 10(6) of the Register Determination; and
              (iv)         the details about the site where the transmitter is located set out in subsection 10(7) of the Register Determination; and
 (b) the transmitter complies with the details in relation to it that have been entered in the Register.

            Note 1: Subclause (1) is a condition of the kind referred to in subsections 10(4A), (5A), (6A) and (7A) of the Register Determination. The Register Determination is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

            Note 2: If details of a radiocommunications transmitter are not entered into the Register because the operation of the transmitter would not comply with a condition of the relevant licence (other than subclause (1)), subclause (1) also prohibits the operation of the transmitter.
        (2) Subclause (1) does not apply in relation to any of the following radiocommunications transmitters (each a low risk transmitter):
           (a) a radiocommunications transmitter that operates with a maximum total radiated power that is less than or equal to 23 dBm per occupied bandwidth; or
           (b) an indoor transmitter; or
           (c) a fixed transmitter that:
               (i)                 is not a base station; and
               (ii)               operates with a maximum total radiated power that is:
                    (A) greater than 23 dBm per occupied bandwidth; and
                    (B) less than or equal to 35 dBm per occupied bandwidth.

5 Compliance with RALI MS 46
         Subject to clause 16, a licensee must not operate a radiocommunications transmitter if its operation would be inconsistent with any requirement in RALI MS 46 in relation to one or more of the following matters:
 (a) coordination of a fixed transmitter with radiocommunications receivers included in the Register before the transmitter was first operated;
 (b) coordination of radiocommunications transmitters with other radiocommunications devices;
 (c) power flux density limits for a radiocommunications transmitter;
 (d) the permitted location of the device boundary for a radiocommunications transmitter in relation to the named areas in the Radiocommunications (Spectrum Re-allocation – 26 GHz Band) Declaration 2019, as in force on the day it commenced;
 (e) interference with the Canberra Deep Space Communications Complex or the New Norcia Deep Space Ground Station;
 (f) the maximum number of radiocommunication transmitters authorised by an area-wide licence within a particular area or within any area