Document ID: chunk:federal_register_of_legislation:F2023C00852:front:0:p4
Version: federal_register_of_legislation:F2023C00852
Segment Type: other
Provision Reference: 
Character Range: 8814–11709

a transmitter licence; and
          (c) before the transmitter licence was issued, the ACMA was satisfied that the operation of the radiocommunications transmitter in accordance with the licence would not cause harmful interference to a mobile-satellite service.

            Note: See subsection 32(5A), and sections 97 and 100 of the Act.

        (4) A frequency band specified in section 6 may be used for the purposes of television outside broadcast services if:
          (a) the use occurs in the period commencing on 1 March 2024 and ending on 28 February 2026; and
          (b) the use occurs in a place that is not in a metropolitan area; and
          (c) the use occurs only in a designated area.

            Note: For designated areas, see Schedule 2.

        (5) A frequency band specified in section 6 may be used for the purposes of television outside broadcast services if:
          (a) either:
             (i) the use occurs on or after 1 March 2026, in a metropolitan area; or
             (ii) the use occurs on or after 1 March 2024, in a place that is not in a metropolitan area; and
          (b) the person who uses the frequency band (the relevant person) does so by operation of a radiocommunications transmitter authorised by a transmitter licence; and
          (c) the transmitter licence authorises the operation of a radiocommunications transmitter only at a location (the specified location) or within an area (the specified area) specified in a condition of the licence; and
          (d) before the transmitter licence was issued, the relevant person:
             (i) obtained agreement, in writing, to the provision of television outside broadcast services at the specified location or within the specified area, from:
                 (A) the licensee of each space licence in the frequency band; and
                 (B) the licensee of each space receive licence in the frequency band; and
             (ii) provided a copy of each such agreement to the ACMA.

            Note 1: See subsection 32(5A), and sections 97 and 100 of the Act.

            Note 2: The ACMA may still refuse to issue a person a transmitter licence, even if the person obtains the agreements mentioned in subparagraph (d)(i).

            Note 3: A single person may hold both a space licence and a space receive licence in the frequency band.

       8  Point to point station

        (1) A frequency band specified in section 6 may be used for the purposes of operating a point to point station for a fixed service only as specified in this section.

        (2) A frequency band specified in section 6 may be used for the purposes of the operation of a point to point station authorised by a fixed licence if either:
          (a) the fixed licence was issued under section 100 of the Act before the commencement of this instrument; or
          (b) the fixed licence