Document ID: chunk:federal_register_of_legislation:F2023L00159:reg:10:p1
Version: federal_register_of_legislation:F2023L00159
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 11514–14395

10  Unacceptable level of interference
 (1) A level of interference caused by a radiocommunications transmitter operated under a 2 GHz spectrum licence is unacceptable if:
(a) the operation of the transmitter results in a contravention of a core condition of the licence relating to the maximum permitted level of radio emission from the transmitter:
             (i)     outside the parts of the spectrum the use of which is authorised under the licence; or
             (ii)  outside the geographic area of the licence; or
(b) subject to subsections (2), (3) 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 item 1 of Schedule 2; or
(d) the transmitter:
            (i)     operates in the 2 GHz lower band; and
            (ii)   has an antenna with an effective antenna height, for any radial n, greater than 20 metres.
 (2) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the radiocommunications transmitter that:
(a) lies outside the geographic area of the licence; and
(b) is connected to a radial that:
             (i)     is mentioned in item 1 of Schedule 2; and
             (ii)  does not cross over land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline.
 (3) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the radiocommunications transmitter (the relevant transmitter) if:
(a) the device details of the relevant transmitter; and
(b) the device details of a radiocommunications transmitter registered under Part 3.5 of the Act in relation to a 2 GHz spectrum licence that expired on 11 October 2017;
 are the same.
 (4) In subsection (3), the device details of a radiocommunications transmitter are the details set out in the following provisions of the Radiocommunications (Register of Radiocommunications Licences) Determination 2017, as in force at the time this instrument commenced:
(a) paragraph 12(3)(a);
(b) paragraph 12(3)(b);
(c) paragraph 12(3)(c);
(d) paragraph 12(3)(d);
(e) paragraph 12(4)(d);
(f) subsection 12(5).
 (5) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the radiocommunications transmitter that:
(a) lies outside the geographic area of the spectrum licence; and
(b) falls within the HCIS identifier MW4H6;
  if the transmitter operates in either of the following frequency bands:
(c) 1920 MHz to 1930 MHz; or
(d) 2110 MHz to 2120 MHz.
Note: The HCIS identifier MW4H6 covers the area around the Canberra Deep Space Communications Complex.
 (6) This section does not apply in relation to a radiocommunications