Document ID: chunk:federal_register_of_legislation:F2018L01064:clause:6_8:p4
Version: federal_register_of_legislation:F2018L01064
Segment Type: clause
Provision Reference: sch 6 cl 8 (pt 4/11)
Character Range: 67387–70517

must comply with Core Condition 14.

    14. The licensee must ensure that the maximum permitted level of radio emission for an area outside the area described in Core Condition 11 caused by the operation of radiocommunications transmitters under this licence does not exceed a total radiated power of 48 dBm/5MHz.

    15. The licensee complies with condition 14 by ensuring that the maximum permitted level of radio emissions caused by the operation of radiocommunications transmitters under this licence does not exceed a total radiated power of 48 dB/m/5MHz.

Licence Schedule 3 Statutory Conditions

Liability to pay charges

    1. The licensee must comply with all its obligations to pay:
         (a) charges fixed by determinations made under section 60 of the Australian Communications and Media Authority Act 2005;

         (b) spectrum access charges fixed by determinations made under section 294 of the Act; and

         (c) amounts of spectrum licence tax.

Third party use

         2. (1) The licensee must notify any person whom the licensee authorises, under section 68 of the Act, to operate radiocommunications devices under this licence of that person's obligations under the Act, in particular:

                (a) the registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under this licence (if applicable); and

                (b) any rules made by the ACMA under subsection 68(3) of the Act.

          (2) Any person other than the licensee who operates a radiocommunications device under this licence must comply with rules made by the ACMA under subsection 68(3) of the Act.

Radiocommunications transmitter registration requirements

    3. The licensee must not operate a radiocommunications transmitter under this licence unless:

(a) the transmitter has been exempted from the registration requirements under Statutory Condition 4 below; or

(b) both:

             (i)  the requirements under Part 3.5 of the Act relating to registration of the transmitter have been met; and

             (ii) the transmitter complies with the details about it that have been entered in the Register.

Exemption from registration requirements

    4. Transmitters that operate in the 3.6 GHz band with a maximum total radiated power of less than or equal to 28 dBm per occupied bandwidth are exempt from the registration requirement in Statutory Condition 3.

Residency

         5. (1) The licensee must not derive any income, profits or gains from operating radiocommunications devices under this licence, or from authorising an authorised person to do so, unless:

               (a) the licensee is an Australian resident; or

               (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the licensee carries on business.

          (2) An authorised person must not derive income, profits or gains from operating radiocommunications devices under this licence, or from allowing third parties to operate radiocommunications devices under this licence, unless:

             (a) the authorised person