Document ID: chunk:federal_register_of_legislation:F2020L01451:reg:8:p1
Version: federal_register_of_legislation:F2020L01451
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 9202–12445

8  In-band interference
 (1) In-band interference caused to a radiocommunications receiver operating under a spectrum licence in the 26 GHz band by a radiocommunications transmitter operating under an adjacent spectrum licence is managed by:
(a) the core conditions imposed on the spectrum licences under section 66 of the Act;
(b) the device boundary criteria and deployment constraints prescribed in the Subsection 145(4) Determination; and
(c) any condition set out in the spectrum licence relating to synchronisation (a synchronisation requirement), unless other arrangements are agreed to by the affected licensees.
 Note: The synchronisation requirement is set out in clause 12 of Licence Schedule 4 of the sample licence in the Radiocommunications Spectrum Marketing Plan (26 GHz Band) 2020.
 (2) Subject to subsection (3), in-band interference caused to a radiocommunications receiver operating under a spectrum licence by a radiocommunications transmitter operating under an apparatus licence in the 26 GHz band issued after the commencement of the Radiocommunications Spectrum Marketing Plan (26 GHz Band) 2020 is managed as if the transmitter is operated under a spectrum licence. The same device boundary criteria, as applied to spectrum licensed radiocommunications transmitters at the time of their registration on the Register, are also applied to new apparatus licensed radiocommunications transmitters. Therefore, spectrum licensed receivers are afforded the same level of in-band protection from new apparatus licensed radiocommunications transmitters as they are afforded from radiocommunications transmitters operated under adjacent spectrum licences.
 (3) Subsection (2) does not apply to area-wide apparatus licences.

 (4) In-band interference caused to a radiocommunications receiver operating under a spectrum licence by a radiocommunications transmitter operating under an area-wide apparatus licence in the 26 GHz band is to be managed as if the transmitter is operated under a spectrum licence. The same device boundary criteria and synchronisation requirement, as applied to spectrum licensed radiocommunications transmitters at the time of their registration on the Register, are also to be applied to new area-wide licensed radiocommunications transmitters in the 26 GHz band (unless other arrangements are agreed to by the affected licensees and noting that the synchronisation requirement does not apply to earth stations authorised under an area-wide licence).
 Note: Licence conditions for area-wide licences are contained in the Radiocommunications Licence Conditions (Area-Wide Licence) Determination 2020. Arrangements relating to registering a device under an area-wide licence in the frequency range 24.7 GHz–30 GHz are contained in the Radiocommunications (Register of Radiocommunications Licences) Determination 2017, the Radiocommunications Licence Conditions (Area-Wide Licence) Determination 2020 and RALI MS 46.
 (5) Application of the device boundary criteria manages in-band interference, and these criteria incorporate emission limits that provide reasonable protection inside the geographic area of a licence. Emission limits are also used to manage out-of-band interference, but these do not