Document ID: chunk:federal_register_of_legislation:F2021L01150:clause:5_21
Version: federal_register_of_legislation:F2021L01150
Segment Type: clause
Provision Reference: sch 5 cl 21
Character Range: 28196–30336

21  Registration of radiocommunications transmitters
 (1) Each spectrum licence will include a condition that prohibits operation of a radiocommunications transmitter unless the requirements under Part 3.5 of the Act to have the transmitter registered 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 — 850/900 MHz Band) Determination 2021 sets out what are the unacceptable levels of interference for the purpose of registering radiocommunications transmitters to be operated under a spectrum licence to be issued in accordance with this instrument, and is to be used for the issue of certificates by accredited persons under subsection 145(3) of the Act. The Radiocommunications (Unacceptable Levels of Interference – 850/900 MHz Band) Determination 2021 is registered on the Federal Register of Legislation and is accessible, free of charge, at www.legislation.gov.au.
 (2) Each spectrum licence will include a condition that states that the following radiocommunications transmitters are exempt from registration:
 (a) a radiocommunications transmitter that operates with a radiated maximum true mean power that is less than or equal to 25 dBm EIRP per occupied bandwidth in:
 (i) the frequency range 814 MHz to 825 MHz; or
 (ii) the frequency range 890 MHz to 915 MHz;
 (b) a radiocommunications transmitter that operates with a radiated maximum true mean power that is less than or equal to 30 dBm EIRP per occupied bandwidth in:
 (i) the frequency range 859 MHz to 870 MHz; or
 (ii) the frequency range 935 MHz to 960 MHz.