Document ID: chunk:federal_register_of_legislation:F2017C00964:reg:1:p6
Version: federal_register_of_legislation:F2017C00964
Segment Type: reg
Provision Reference: reg 1 (pt 6/9)
Character Range: 97002–100302

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 6 to the Radiocommunications Spectrum Marketing Plan (1800 MHz Band) 2015 (a 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 radicommunications device operated under an apparatus licence;

        the licensee:

        (d) must not operate any radiocommunications transmitters authorised under the spectrum licence in a manner that would be inconsistent with the protections afforded to those 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 the specified fixed services; and

        (e) cannot claim protection from interference caused by such specified fixed services.

      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 are cancelled at the end of the re-allocation period. The ACMA may, however, under subsection 153P(3) of the Act, issue apparatus licences that authorise the operation of the same services that were provided under the fixed licences after the end of the re-allocation period if it is satisfied that special circumstances of the particular case justify the issuing of the licence. If the ACMA does issue any such licences wholly or partly in the 1800 MHz band under subsection 153P(3), and those licences have the same parameters as the licences listed in table 1 of Schedule 6, the spectrum licensee will not be able to establish operation of, or use, any radiocommunications devices authorised by the spectrum licence in a