Document ID: chunk:federal_register_of_legislation:F2020L01450:clause:6_1:p8
Version: federal_register_of_legislation:F2020L01450
Segment Type: clause
Provision Reference: sch 6 cl 1 (pt 8/9)
Character Range: 93589–96786

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 levels of interference
    3.  The ACMA has made the Radiocommunications (Unacceptable Levels of Interference – 26 GHz Band) Determination 2020 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 recommended because one of the matters the ACMA may take into account in settling interference disputes is the time of registration of the receiver involved in the dispute.
Guidelines
    4. The ACMA has made 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 – 26 GHz Band) 2020;

         (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 – 26 GHz Band) 2020.

    5. The guidelines should be read in conjunction with the Radiocommunications (Unacceptable Levels of Interference – 26 GHz Band) Determination 2020 (see Licence Note 3). This determination sets out the unacceptable levels of interference for the purpose of registration of radiocommunications 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, free of charge, 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 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 licences to the same licensee would be in the public interest; or

         (b)               the ACMA is satisfied under paragraph 82(1)(b) of the Act that special