Document ID: chunk:federal_register_of_legislation:F2020L01450:clause:6_21
Version: federal_register_of_legislation:F2020L01450
Segment Type: clause
Provision Reference: sch 6 cl 21
Character Range: 27226–29459

21  Registration of radiocommunications transmitters
 (1) Each spectrum licence will include a condition that prohibits operation of a radiocommunications transmitter unless the requirements under Part 3.5 of the Act to have the transmitter registered have been met.
Note 1: Under subsection 145(1) of the Act, the ACMA may refuse to include in the Register details of a radiocommunications transmitter that is proposed to be operated under a spectrum licence if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other licence.
Note 2: Subsection 145(4) of the Act states that the ACMA may determine, by written instrument, what are unacceptable levels of interference for the purposes of section 145 of the Act.
Note 3: The Radiocommunications (Unacceptable Levels of Interference — 26 GHz Band) Determination 2020 sets out what are the unacceptable levels of interference for the purpose of registering radiocommunications devices to be operated under a spectrum licence to be issued in accordance with this instrument, and is to be used for the issue of certificates by accredited persons under subsection 145(3) of the Act.
 (2) Each spectrum licence will include a condition that states that the following radiocommunications transmitters are exempt from registration:
 (a) a radiocommunications transmitter with a maximum total radiated power that is less than or equal to 23 dBm per occupied bandwidth;
 (b) an indoor transmitter;
 (c) a fixed transmitter which:
                (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.
 (3) Each spectrum licence will include a condition that states that the licensee must ensure that operation of a radiocommunications transmitter that is exempt from registration under subsection (2) does not cause harmful interference to other radiocommunications devices operated in the 26 GHz band under a different spectrum licence or an apparatus licence.