Document ID: chunk:federal_register_of_legislation:F2017L01256:clause:5_8:p4
Version: federal_register_of_legislation:F2017L01256
Segment Type: clause
Provision Reference: sch 5 cl 8 (pt 4/10)
Character Range: 49618–52626

exists between:
    (a) the licensee; and

         (b) all the affected licensees of frequency-adjacent spectrum licences and area-adjacent spectrum licences;

     the licensee must comply with that specified maximum permitted level of radio emission.

    15. Where there is no written agreement for the purposes of Core Condition 14 in force, the licensee must comply with Core Condition 16.
    16. The licensee must ensure that the maximum permitted level of radio emission for an area described in Core Condition 13 caused by the operation of radiocommunications transmitters under this licence does not exceed:
         (a) a radiated maximum true mean power of 23 dBm EIRP per 5 MHz when:

                (i) the transmitter is operated:

                     (A) in the frequency band offset 0 Hz to 5 MHz from the upper frequency limit of this licence as specified in Table 1 of Part 2 of Licence Schedule 1; and

                     (B) between the lower and upper frequency limits of the licence; and

                (ii) there is a frequency-adjacent licence adjacent to the upper frequency limit of this licence, specified in Table 1 of Part 2 of Licence Schedule 1; or

         (b) if paragraph (a) does not apply – a radiated maximum true mean power of 68 dBm EIRP per 5 MHz when the transmitter is operated between the lower and upper frequency limits of this licence, specified in Table 1 of Part 2 of Licence Schedule 1.

Licence Schedule 3 Statutory Conditions
Liability to pay charges

    1. The licensee must comply with all its obligations to pay:
         (a) charges fixed by determinations made under section 60 of the Australian Communications and Media Authority Act 2005;

         (b) spectrum access charges fixed by determinations made under section 294 of the Act; and

         (c) amounts of spectrum licence tax.

Third party use

         2. (1) The licensee must notify any person whom the licensee authorises, under section 68 of the Act, to operate radiocommunications devices under this licence of that person's obligations under the Act, in particular:

                (a) the registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under this licence (if applicable); and

                (b) any rules made by the ACMA under subsection 68(3) of the Act.

          (2) Any person other than the licensee who operates a radiocommunications device under this licence must comply with rules made by the ACMA under subsection 68(3) of the Act.

Radiocommunications transmitter registration requirements

    3. The licensee must not operate a radiocommunications transmitter under this licence unless:

(a) the transmitter has been exempted from the registration requirements under Statutory Condition 4 below; or

(b) both:

             (i)  the requirements under Part 3.5 of the Act relating to registration of the transmitter have been met; and

             (ii) the transmitter complies with the details about it