Document ID: chunk:federal_register_of_legislation:F2023C00611:body:0:p6
Version: federal_register_of_legislation:F2023C00611
Segment Type: other
Provision Reference: 
Character Range: 14302–17133

subject to subsection (2), (3), (4) and (5) – any part of the device boundary of the transmitter lies outside of the geographic area of the licence; or
         (c) the device boundary of the transmitter cannot be calculated in accordance with Part 1 of Schedule 2; or
         (d) the transmitter operated in the 3.4 GHz band is located on an aircraft.
   (2) A level of interference mentioned in paragraph 9(1)(b) is not unacceptable in relation to a part of the device boundary that:
     (a) lies outside the boundary of the ASMG; and
     (b) is connected to a radial that:
       (i) is mentioned in Part 1 of Schedule 2; and
             (ii)              does not cross the geographic area of another spectrum licence in the 3.4 GHz band.
   (3) A level of interference mentioned in paragraph 9(1)(b) is not unacceptable in relation to a part of the device boundary that:

     (a) lies outside the geographic area of the licence; and
     (b) lies inside an earth station protection zone specified in Schedule 4; and
     (c) is connected to a radial that:
         (i) is mentioned in Part 1 of Schedule 2; and
             (ii) does not cross the geographic area of another spectrum licence in the 3.4 GHz band.
   (4) A level of interference mentioned in paragraph 9(1)(b) is not unacceptable in relation to a part of the device boundary that:
         (a) lies outside the geographic area of the licence; and
         (b) is connected to a radial that:
             (i) is mentioned in Part 1 of Schedule 2; and
             (ii) does not cross over land outside the geographical area of the licence that is permanently above the Australian territorial sea baseline;
             (iii) does not cross into any of the following HCIS: IW3E, IW3I, IW3M, IW6A, IW6E, KX9, LX7, LX8, LX9.

    (5) A level of interference mentioned in paragraph 9(1)(b) is not unacceptable in relation to a part of the device boundary that:

     (a) lies outside the geographic area of the licence; and

     (b) lies inside an urban area specified in Schedule 5; and

         (c) relates to the operation of a radiocommunications transmitter with an occupied bandwidth contained within the 3400-3475 MHz frequency range; and

     (d) is connected to a radial that is mentioned in Part 1 of Schedule 2.

    (6) This section does not apply in relation to a radiocommunications transmitter to which section 11 applies.

    Note Subsection 145(1) of the Act provides that the ACMA may refuse to include in the Register details of a radiocommunications transmitter if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices. However, some radiocommunications transmitters are exempt from the requirement to be registered in the Register