Document ID: chunk:federal_register_of_legislation:F2017L01257:clause:5_8:p4
Version: federal_register_of_legislation:F2017L01257
Segment Type: clause
Provision Reference: sch 5 cl 8 (pt 4/8)
Character Range: 47041–50166

licensee must comply with all its obligations to pay:
         (a) charges fixed by determinations made under section 60 of the Australian Communications and Media Authority Act 2005;

         (b) spectrum access charges fixed by determinations made under section 294 of the Act; and

         (c) amounts of spectrum licence tax.

Third party use

         2. (1) The licensee must notify any person whom the licensee authorises, under section 68 of the Act, to operate radiocommunications devices under this licence of that person's obligations under the Act, in particular:

                (a) the registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under this licence (if applicable); and

                (b) any rules made by the ACMA under subsection 68(3) of the Act.

          (2) Any person other than the licensee who operates a radiocommunications device under this licence must comply with rules made by the ACMA under subsection 68(3) of the Act.

Radiocommunications transmitter registration requirements

    3. The licensee must not operate a radiocommunications transmitter under this licence unless:

(a) the transmitter has been exempted from the registration requirements under Statutory Condition 4 below; or

(b) both:

             (i)  the requirements under Part 3.5 of the Act relating to registration of the transmitter have been met; and

             (ii) the transmitter complies with the details about it that have been entered in the Register.

Exemption from registration requirements

    4. The following kinds of radiocommunications transmitters are exempt from the registration requirement in Statutory Condition 3:

(a) a transmitter that operates in the 3.4 GHz band with a maximum EIRP of less than or equal to 25 dBm per occupied bandwidth;

(b) a transmitter that operates in the 3.4 GHz band where:

             (i) the maximum EIRP is always less than or equal to 44 dBm per occupied bandwidth; and

             (ii) the phase centre of the antenna is less than or equal to 10 metres above ground level; and

             (iii) the antenna has a front-to-back ratio greater than or equal to 20 dB.

Residency

         5. (1) The licensee must not derive any income, profits or gains from operating radiocommunications devices under this licence, or from authorising an authorised person to do so, unless:

               (a) the licensee is an Australian resident; or

               (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the licensee carries on business.

          (2) An authorised person must not derive income, profits or gains from operating radiocommunications devices under this licence, or from allowing third parties to operate radiocommunications devices under this licence, unless:

             (a) the authorised person is an Australian resident; or

             (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the authorised person carries on business.

          (3) In this condition: