Document ID: chunk:federal_register_of_legislation:F2017C00964:front:0:p9
Version: federal_register_of_legislation:F2017C00964
Segment Type: other
Provision Reference: 
Character Range: 21032–23905

have been met.

      Note 1 Under subsection 145 (1) of the Act, the ACMA may refuse to include in the Register details of a radiocommunications transmitter that is proposed to be operated under a spectrum licence if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other licence.
Note 2 Subsection 145 (4) of the Act states that the ACMA may determine, by written instrument, what are unacceptable levels of interference for the purposes of section 145 of the Act.
Note 3 The Radiocommunications (Unacceptable Levels of Interference — 1800 MHz Band) Determination 2012 sets out what are the unacceptable levels of interference for the purpose of registering radiocommunications devices to be operated under a licence issued in accordance with this Plan, and is to be used for the issue of certificates by accredited persons under subsection 145 (3) of the Act.
      (2)  Each spectrum licence will include a condition that states the following radiocommunications transmitters are exempt from registration:
(a)     a mobile transmitter that operates in the 1800 MHz band with a radiated power of less than or equal to 39 dBm EIRP per occupied bandwidth;
(b)     a fixed transmitter that operates in the 1800 MHz band with a radiated power always less than or equal to 33 dBm EIRP per occupied bandwidth.

3.9 Draft sample licence
  Schedule 7 sets outa sample spectrum licence (sample spectrum licence) including conditions that may be included in each spectrum licence that is issued in a part of the spectrum referred to in the re‑allocation declaration.

      Note The sample spectrum licence may not reflect the conditions included in a spectrum licence issued to a winning bidder.

3.10 Compatibility requirements
  The advisory guidelines provide a means of coordinating services operating under spectrum licences with other services.

Part 4 After allocation

4.1 Purpose of this Part
      This Part describes various matters that apply after spectrum licences are issued in accordance with this Plan.

4.2 Registration of spectrum licences
      The ACMA will register all spectrum licences in accordance with Part 3.5 of the Act.

      Note Details about registration are in the Radiocommunications (Register of Radiocommunications Licences) Determination 1997.

4.3 Third party use
      A licensee may authorise other persons to operate radiocommunications devices under any spectrum licence issued to it, provided it does so in accordance with Division 1 of Part 3.2 of the Act.

4.4 Trading in spectrum licences
      A licensee may assign, or otherwise deal with, the whole or any part of a spectrum licence provided it does so in accordance with Division 5 of Part 3.2 of the Act.

4.5 Trading rules
      The ACMA has made