Document ID: chunk:federal_register_of_legislation:F2017L01258:clause:6_1:p6
Version: federal_register_of_legislation:F2017L01258
Segment Type: clause
Provision Reference: sch 6 cl 1 (pt 6/9)
Character Range: 56578–59978

and the transmitter:

             (a)                is located at a communal site; and

             (b)                is not exempt under statutory condition 4 of Licence Schedule 3;

           the licensee must comply with sub-conditions 7(2) and 7(3).

         (2) In relation to each radiocommunications transmitter, the licensee must keep a record which includes the following information:

             (a)                the transmitter's device registration number as specified in the Register;

             (b)                the licence number of this licence;

             (c)                the transmitter's geographic location;

             (d)                if the licensee owns the transmitter, the licensee's name and address;

             (e)                if the licensee does not own the transmitter, the owner's name and address;

             (f)                 the transmitter's centre frequency;

             (g)                the transmitter's emission designator;

             (h)                details of the transmitter's antenna including the manufacturer, model, type, gain, polarisation, azimuth and average ground height;

             (i)                 the transmitter's maximum true mean power; and

             (j)                 the transmitter's maximum EIRP.

         (3) If the ACMA requests a copy of a record kept under sub-condition 7(2), the licensee must comply with the request as soon as practicable.

Interference with specified fixed services

       8. If:

        (a) a service is provided using the same parameters as a fixed licence listed in Table 1 of Schedule 5 to the Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017 (specified fixed service); and

        (b) the specified fixed service uses frequencies wholly or partly within the 1800 MHz band; and

        (c) the specified fixed service is provided using a radiocommunications device operated under an apparatus licence;

        the licensee:

        (d) must not operate any radiocommunications transmitters authorised under this licence in a manner that would be inconsistent with the protections afforded to that specified fixed services by Part 2 of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 1800 MHz Band) 2012. (Part 2 specifies the level of out-of-band and in-band protection to be afforded to such specified fixed services); and

        (e) cannot claim protection from interference caused by the specified fixed service.

Note:  By operation of section 153H of the Act all fixed licences authorising the operation of the radiocommunications devices listed in table 1 of Schedule 6 to the Radiocommunications Spectrum Marketing Plan (1800 MHz Band) 2015 were cancelled at the end of the re-allocation period (30 May 2017).  The ACMA, under subsection 153P(3) of the Act, subsequently issued apparatus licences that authorise the operation of some of the same services that were provided under the fixed licences after the end of the re-allocation period on the basis that it was satisfied that special circumstances of the particular case justified the issuing of the licence. In particular, the ACMA has issued licences in relation to the specified fixed services listed in Schedule 5 of the Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated