Document ID: chunk:federal_register_of_legislation:F2023C00550:clause:4_5
Version: federal_register_of_legislation:F2023C00550
Segment Type: clause
Provision Reference: sch 4 cl 5
Character Range: 91291–93853

5  Synchronisation requirement

        (1) If:
           (a) interference occurs between:
              (i) a radiocommunications transmitter (the first device) operated under an area-wide licence (the first licence); and
              (ii) one or more radiocommunications devices (the other devices) operated under another area-wide licence or area-wide receive licence (the other licence); and
           (b) the level of interference to the first device or to one or more of the other devices exceeds the compatibility requirement set out in Schedule 2 to the 3.4 GHz band guidelines; and
           (c) either the licensee of the first licence or the licensee of the other licence wishes to resolve the interference; and
           (d) no agreement between the licensee and each person operating one or more of the other devices can be reached on how to manage the interference;
         then, by the end of the day specified in subclause (2), the licensee of the first licence is required to manage the interference by:
           (e) either:
              (i) operating the first device with the 3.4 GHz band uplink-downlink configuration; or
              (ii) operating the first device using a sequence and duration of radio emissions that is consistent with that configuration (disregarding any time at which the device is not making a radio emission); and
           (f) synchronising the timing of the 3.4 GHz band uplink-downlink configuration or other sequence of radio emissions of the first device with the timing of the uplink-downlink configuration or other sequence of radio emissions of each of the other devices (disregarding any device at a time at which the device is not making a radio emission).

        (2) For the purposes of subclause (1), the later of the following days is specified:
           (a) the day occurring 14 days after the day the interference was first reported in writing to the licensee of the first licence;
           (b) if an alternative day is agreed with the licensee of the other licence – that alternative day.

            Note 1: This condition applies equally to all area-wide licences which authorise the operation of radiocommunications devices in any part of the frequency range 3.4 GHz–4 GHz. If interference occurs between two radiocommunications devices operated under two or more area-wide licences, each licensee must comply with this condition.

            Note 2: The 3.4 GHz band guidelines are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.