Document ID: chunk:federal_register_of_legislation:F2017C00964:front:0:p8
Version: federal_register_of_legislation:F2017C00964
Segment Type: other
Provision Reference: 
Character Range: 18340–21261

include a condition which will provide that where:

        (a)   a service is provided using the same parameters as a fixed licence listed in table 1 of Schedule 6 (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 radiocommunications device operated under an apparatus licence;

      the licensee:

        (d)   must not operate any radiocommunications transmitters authorised under its 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 1 The sample licence includes a version of this condition.

      Note 2  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 manner that would cause interference to the operation of radiocommunications devices authorised by those fixed licences.
      (3) Under section 71 of the Act, the ACMA may also include conditions about other matters as it thinks fit.
      (4) Other conditions likely to be imposed are included in the sample spectrum licence at Schedule 7.

      Note The ACMA may include conditions in a spectrum licence that are not included in the sample spectrum licence.

3.8 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