Document ID: chunk:federal_register_of_legislation:F2017L01266:clause:5_8:p8
Version: federal_register_of_legislation:F2017L01266
Segment Type: clause
Provision Reference: sch 5 cl 8 (pt 8/9)
Character Range: 60493–63609

licence, provided that the conditions, as varied, still comply with the requirements of Subdivision C of Division 1 of Part 3.2 of the Act.
    2. The ACMA may, by written notice given to the licensee, vary this licence by including one or more further conditions (other than core conditions), or by revoking or varying any conditions (other than core conditions) of this licence, provided that the conditions as varied still comply with the requirements of Subdivision C of Division 1 of Part 3.2 of the Act.
Determination of unacceptable interference

    3.  The ACMA has made the section 145 Determination that sets out the unacceptable levels of interference for the purpose of registering radiocommunications transmitters to be operated under this licence, and which is to be used for the issuing of certificates by accredited persons under subsection 145(3) of the Act.
         Note: Although not mandatory, the registration of radiocommunications receivers to be operated under this licence is advised because one of the matters the ACMA will take into account in settling interference disputes is the time of registration of the receiver involved in the interference.
Guidelines
    4. The ACMA has issued written radiocommunications advisory guidelines (the guidelines) under section 262 of the Act about:
         (a)                co-ordinating the operation of radiocommunications transmitters under this licence with radiocommunications receivers operated under other licences:

             * Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016; and

         (b)               co-ordinating the operation of radiocommunications receivers operated under this licence with radiocommunications transmitters operated under other licences:

            * Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 2 GHz Band) 2016.

    5. The guidelines should be read in conjunction with the section 145 Determination (see Licence Note 3). That determination sets out the unacceptable levels of interference for the purpose of registration of transmitters to be operated under this licence. The guidelines should be followed by licensees (and accredited persons) in the planning of services and the resolution of interference cases. The ACMA will consider these guidelines during the settlement of interference disputes. Each case will be assessed on its merits. Copies of the guidelines are available from www.legislation.gov.au and the ACMA.
 Suspension and cancellation of spectrum licences
    6. The ACMA may by written notice given to a licensee, suspend or cancel a spectrum licence in accordance with Division 3 of Part 3.2 of the Act.
Re-issue
    7. A spectrum licence will not be re-issued to the same licensee without a price based allocation procedure unless:
         (a)                the spectrum licence was used to provide a service of a kind determined by the Minister under subsection 82(3) of the Act for which re-issuing spectrum licences to the same licensee would be in the