Document ID: chunk:federal_register_of_legislation:F2023L00277:reg:10
Version: federal_register_of_legislation:F2023L00277
Segment Type: reg
Provision Reference: reg 10
Character Range: 11997–14171

10  Unacceptable level of interference
 (1) A level of interference caused by a radiocommunications transmitter operated under a 700 MHz band spectrum licence is unacceptable if:
 (a) the operation of the transmitter results in a breach of a core condition of the licence relating to the maximum permitted level of radio emission from the transmitter:
 (i) outside the parts of the spectrum the use of which is authorised under the licence; or
 (ii) outside the geographic area of the licence; or
 (b) subject to subsections (2) and (3), any part of the device boundary of the transmitter lies outside of the geographic area of the licence; or
 (c) the device boundary of the transmitter cannot be calculated in accordance with item 1 of Schedule 2.
 (2) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of a transmitter that:
 (a) lies outside the boundary of the Australian Spectrum Map Grid; and
 (b) is connected to a radial that:
 (i) is mentioned in item 1 of Schedule 2; and
 (ii) does not cross the geographic area of another 700 MHz band spectrum licence.
 (3) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of a transmitter that:
 (a) lies outside the geographic area of the licence; and
 (b) is connected to a radial that:
 (i) is mentioned in item 1 of Schedule 2; and
 (ii) does not cross over the land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline.
 (4) This section does not apply in relation to a radiocommunications transmitter to which section 12 applies.
Note: Subsection 145(1) of the Act provides that the ACMA may refuse to include in the Register details of a radiocommunications transmitter if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices. However, some radiocommunications transmitters are exempt from the requirement to be registered in the Register under their 700 MHz band spectrum licence – see subsection 69(2) of the Act.