Radiocommunications Spectrum Conversion Plan (2.5 GHz Mid-band Gap) 2012

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Plan under section 38 of the Radiocommunications Act 1992.

Dated 13th December 2012

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member/General Manager

1                     Title

This Plan is called the Radiocommunications Spectrum Conversion Plan (2.5 GHz Mid-band Gap) 2012.

2                     Commencement

This Plan commences on the day after it is registered.

Note   All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

3                     Purpose

This Plan sets out the procedures and timetable for converting existing apparatus licences authorising the use of radiocommunications devices in the 2.5 GHz Mid-band Gap to spectrum licences.

4                     Interpretation

(1)                In this Plan, unless the contrary intention appears:

2.5 GHz Band means the spectrum in the frequency ranges 2500-2570 MHz and 2620-2690 MHz.

2.5 GHz Mid-band Gap means the spectrum in the frequency range 2570-2620 MHz within the geographic areas specified under Item 1, Schedule 1, but does not include the geographic areas of exclusion listed under Item 2, Schedule 1. 

Acceptance Form means the form that will be approved by the ACMA under section 5 of this Plan. 

Act means the Radiocommunications Act 1992.

Advisory Guidelines means the following documents made by the ACMA under section 262 of the Act, as in force, amended or replaced from time to time:

(a)          Radiocommunications Advisory Guidelines (Managing Interference from Transmitters — 2.5 GHz Mid-band Gap) 2012; and

(b)         Radiocommunications Advisory Guidelines (Managing Interference to Receivers — 2.5 GHz Mid-band Gap) 2012.

collection station means a station located at a fixed point used for the purpose of receiving television outside broadcast services.

draft licence means a draft of a spectrum licence prepared by the ACMA under section 53 of the Act to replace an existing apparatus licence.

EIRP, in relation to a radiocommunications device, means the Equivalent Isotropically Radiated Power of the device.

existing apparatus licence means an existing apparatus licence that authorises the operation of radiocommunications devices:

(a)          at frequencies within the 2.5 GHz Mid-band Gap; and

(b)          within Australia.

Geocentric Datum of Australia 1994 (GDA94) means the geodetic datum designated as The Geocentric Datum of Australia gazetted in the Commonwealth of Australia Gazette on 6 September 1995.

geographic area, in relation to a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.

harmful interference means interference that:

(a)          endangers the functioning of a radionavigation service or other safety services that are operating in accordance with the Radio Regulations; or

(b)          obstructs, repeatedly interrupts or seriously degrades a radiocommunication service that is operating in accordance with the Radio Regulations.

horizontally radiated power, for a radiocommunications device, means the sum of:

 (a) the maximum true mean power, in dBm per specified rectangular bandwidth at the antenna connector that is located within the frequency band of the licence authorising the operation of the radiocommunications device; and

 (b) the antenna gain relative to an isotropic antenna in a specified direction in the horizontal plane containing the phase centre of the antenna used with the device, in dBi.

ITU means the International Telecommunication Union.

licensee means the holder of an existing apparatus licence within the 2.5 GHz Mid-band Gap.

maximum true mean power means the true mean power measured in the specified rectangular bandwidth that is located within a specified frequency band such that the true mean power is the maximum of true mean powers produced.

Note The power within a specified rectangular bandwidth is normally established by taking measurements using either an adjacent channel power meter or a spectrum analyser. The accuracy of measuring equipment, measurement procedure and any corrections to measurements necessary to take account of practical filter shape factors would normally be in accordance with good engineering practice.

mean power means the average power measured during an interval of time that is at least 10 times the period of the lowest modulation frequency.

mobile transmitter means a radiocommunications transmitter established for use while in motion or during halts at unspecified points on land or sea.

nomadic transmitter means a radiocommunications transmitter whose location can change, but for use only while at stationary but unspecified points on land or sea.

Radio Regulations means the ‘Radio Regulations’ published by the ITU, as in force from time to time.

Note Copies of the Radio Regulations can be obtained from the ITU: www.itu.int.

re-allocation means the re-allocation of spectrum by the issue of spectrum licences in accordance with a spectrum re-allocation declaration.

spectrum map grid means the Australian Spectrum Map Grid (ASMG) defined in the Australian Spectrum Map Grid 2012  published by the ACMA, as in force from time to time.

Note   The Australian Spectrum Map Grid 2012 is available on the ACMA website.

television outside broadcast device means a station that:

(a) is operated under a spectrum licence in the frequency range 2570-2620 MHz; and

(b) operates between 2 points for a short period of time; and

(c) is used only for the transmission of television signals and associated signals. 

television outside broadcast service means a radiocommunications system that is provided by the operation of 1 or more television outside broadcast devices that are operated:

(a) under a spectrum licence in the frequency range 2570-2620 MHz ; and

(b) anywhere in Australia.

true mean power means:

(a) if an unmodulated carrier is present — the mean power measured while the unmodulated carrier is present; and

(b) if an unmodulated carrier is not present — the mean power measured while transmitted information is present.

Note A number of terms used in this Plan are defined in the Act and have the meanings given to them by the Act, including:

• ACMA
• apparatus licence
• core condition
• frequency band
• interference
• radiocommunications device
• Register
• spectrum access charge
• spectrum licence
• spectrum re-allocation declaration.

(2)                In this Plan, the range of numbers that identifies a frequency band includes the higher, but not the lower, number.

5                     Approval of Acceptance Form

The ACMA will approve, in writing, an Acceptance Form for use by licensees when accepting an offer of a spectrum licence.

6                     Preparation of draft spectrum licences

(1)                The ACMA will prepare a draft spectrum licence to replace each existing apparatus licence in accordance with section 53 of the Act.  This will be based on the sample licence in Schedule 2.

(2)                The ACMA will send the draft licence to the licensee as soon as practicable after preparing this Plan and invite the licensee to make representations on the draft licence in accordance with section 54 of the Act.

7                     Sample spectrum licence

A sample spectrum licence is set out in Schedule 2.

8                     Core licence conditions

(1)                Section 66 of the Act requires a spectrum licence to contain core conditions that define the parts of the spectrum that can be used under the licence, in terms of:

(a)       frequency band; and

(b)       geographic area; and

(c)       emission limits outside the area; and

(d)       emission limits outside the band.

(2)                These conditions will be included in the draft licence.

9                     Other licence conditions

(1)                The spectrum licence will also include conditions about:

(a)       payment of charges (section 67 of the Act); and

(b)       use by third parties (section 68); and

(c)       registration of transmitters (section 69);

(d)       residency and other matters (section 69A of the Act); and

(e)       other matters that the ACMA thinks fit (section 71).

(2)                These conditions will be included in the draft licence.

10                Determination of core licence conditions

To establish the core licence conditions, the ACMA will identify the geographic areas and frequency bands to be included in the proposed replacement spectrum licences to be offered to existing licensees in place of their existing apparatus licences.

11                Emission limits

(1)                The emission limits outside the geographic area for all licences are worked out in accordance with Schedule 3.

(2)                The emission limits outside the band for all licences are worked out in accordance with Schedule 4.

Note These core conditions may be varied by ACMA with the licensee’s written agreement — see section 72 of the Act.

12                Agreements about emission limits

A licensee may enter into an agreement for the purpose of one or more of the following:

(a) paragraph 2 of Part 2 of Schedule 3 (about emission limits outside the geographic area of the licence); or

(b) paragraph 2 of Part 2 of Schedule 4 (about emission limits outside the band of the licence).

13                Extent of operation of devices under replacement spectrum licences

In accordance with section 53 of the Act, in preparing a draft licence, the ACMA will, so far as is practicable, ensure that it authorises the operation of radiocommunications devices to the same extent as, or to a greater extent than, they are authorised under the existing apparatus licence.

14                Spectrum access charge

(1)                A spectrum access charge is payable by a licensee for the issue of a spectrum licence to replace the licensee’s existing apparatus licence.

(2)                The amount of the spectrum access charge will be determined by the ACMA under section 294 of the Act.

15                Representations about draft spectrum licences

(1)                The ACMA will give the licensee:

(a)       a copy of the draft spectrum licence; and

(b)       a notice inviting the licensee to make representations to the ACMA about the draft spectrum licence on or before the day specified in the notice.

(2)                For the purposes of paragraph (1) (b), the licensee will have not less than one month after the day on which the notice is given to the licensee to make representations to the ACMA about the draft spectrum licence.

(3)                All representations made by the licensee to the ACMA on or before the day specified in the notice will be considered by the ACMA.

(4)                The ACMA, when considering the representations, may discuss any proposed changes to the draft spectrum licence with the licensee if those proposed changes will affect the licensee.

(5)                The ACMA will advise the licensee whether or not the ACMA has altered the draft licence as a result of the licensee’s representations.

Note 1 Section 54 of the Act requires the ACMA to give a licensee a copy of the draft spectrum licence and a notice inviting the licensee to make representations about the draft spectrum licence. 

Note 2 Section 55 of the Act requires the ACMA to give due consideration to the licensee’s representations and allows the ACMA, having considered the representations, to alter the draft licence.

16                Formal offer of spectrum licence

(1)                For the purposes of section 56 of the Act, the ACMA will, as soon as practicable after the last day for the making of representations, give to the licensee a written offer to issue to the licensee a spectrum licence to replace the licensee’s existing apparatus licence.

(2)                The offer will:

(a)        be made by a letter addressed to the licensee at their last known address;

(b)        specify the date by which the offer must be accepted (the closing date) which must be at least one month after the date of the offer;

(c)        identify the spectrum licence that the ACMA proposes to issue, including the expiry date; and

(d)        specify the spectrum access charge determined by the ACMA under section 294 of the Act.

Note Section 56 of the Act sets out the requirements for any offers to issue a spectrum licence to replace a licensee’s apparatus licence.

17                Accepting the offer

(1)                A licensee who wants to accept the ACMA’s offer must give the ACMA a written notice on or before the closing date specified in the offer. 

(2)                The notice must be provided in accordance with the Acceptance Form.

(3)                The Acceptance Form will contain a clause requiring the licensee to agree to pay the spectrum access charge to the ACMA.

18                Issue of spectrum licence

(1)                The spectrum licence to replace the existing apparatus licence will be issued by the ACMA in accordance with section 57 of the Act. 

(2)                The spectrum licence comes into force on the day specified in the licence.

Note Immediately before it comes into force, the apparatus licence that it is to replace ceases to be in force.

19                Failures to accept offers

If a licensee does not accept an offer, the ACMA may allocate the spectrum licence to another person under the procedures determined under section 60 of the Act.

Note Section 58 of the Act sets out the consequences that follow if a licensee does not accept the offer of a spectrum licence.

20                Duration of spectrum licences

The spectrum licences issued under this Plan will be for fixed terms of 15 years and have an expiry date of 30 September 2029.

Note Section 65 of the Act provides that the maximum duration of a spectrum licence is 15 years.

21                Registration of licences

(1)                The ACMA will include details of spectrum licences on the Register.

Note The Register is established under section 143 of the Act.

(2)                Each spectrum licence will include a condition that prohibits operation of a transmitter unless the requirements under Part 3.5 of the Act to have the transmitter registered have been met.

(3)                Each spectrum licence will include a condition that exempts radiocommunications transmitters of a particular kind from the requirement mentioned in subsection (2).

(4)                A transmitter that is part of a group of transmitters may be registered individually or as a group.

Note 1 Details about registration are in the Radiocommunications (Register of Radiocommunications Licences) Determination 1997.

Note 2 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 3 The Radiocommunications (Unacceptable Levels of Interference — 2.5 GHz Mid-band Gap) Determination 2012 sets out the unacceptable levels of interference for devices operating under spectrum licences in the 2.5 GHz Mid-band Gap for the

purposes of section 145 of the Act.  Accredited persons will consult that Determination when issuing certificates under subsection 145 (3) of the Act.

22                Re‑issue of licences

(1)                At the expiry of a spectrum licence, the ACMA may re‑issue licences, in accordance with Division 4 of Part 3.2 of the Act.

(2)                The ACMA may re-issue a licence to the person to whom it was previously issued if:

(a)          the licence was used in the provision of a service included in a class of services specified in a determination under subsection 82 (3) of the Act; or

(b)         the ACMA is satisfied that special circumstances exist as a result of which it is in the public interest for that person to continue to hold the licence.

(3)                Licenses that are not re-issued to the same licensee may be re-allocated by auction, tender, or pre‑determined or negotiated price.  In re‑allocating the licences, the ACMA will follow the procedures set out in the determinations made under section 60 of the Act that are in force at the time

(4)                The fact that a licence is not re-issued to the same licensee will not prevent the licensee from applying for the lot covered by that licence in a subsequent re-allocation process.

Note Under subsection 82 (5) of the Act, the ACMA must notify the licensee in writing if the core conditions of the re-issued licence differ from the core conditions of the licence it replaces. 

23                Guidelines

Any guidelines made by the ACMA under section 262 of the Act about interference with radiocommunications may be taken into account in settling interference disputes under Part 4.3 of the Act.

24                Registration of collection stations

The ACMA will include details of the collection stations listed in Schedule 5 on the Register prior to the inclusion on the Register of any other devices under spectrum licences to be issued in the 2.5 GHz Band.

Schedule 1 Geographic area covered by spectrum licences resulting from conversion in the 2.5 GHz Mid-band Gap

(subsection 4 (1))

Description: The geographic area is the area of land in the table described below under the heading “Outer Boundary of Australia”, bounded by a line starting at the intersection of the first coordinates listed in the table for the area and then bounded by a line passing sequentially through the intersections of each set of coordinates shown in the table to the point of commencement.  The coordinates listed in the tables under the heading “Areas of Exclusion” are excluded from the spectrum licence geographic area.

The datum used for coordinates in this Schedule is the Geocentric Datum of Australia 1994.

1. OUTER BOUNDARY OF AUSTRALIA

2.             AREAS OF EXCLUSION

Table 1: The exclusion area for the Mid West Radio Quiet Zone

Table 2: The exclusion area for the North West Shelf Oil &Gas facilities off the coast of Dampier

Figure 1: The exclusion areas of the Mid West Radio Quiet Zone and the North Shelf Oil & Gas Facilities (area off Dampier)

Schedule 2  Sample spectrum licence  

(section 7)

COMMONWEALTH OF AUSTRALIA

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Radiocommunications Act 1992

Sample Spectrum Licence for the 2.5 GHz Mid‑band Gap

This licence is issued under section 57 of the Radiocommunications Act 1992 (‘the Act’) to the person named at Item 1 of Licence Schedule 1 of this licence.

1. The person named at Item 1 of Licence Schedule 1 of this licence (the licensee), or a person authorised under subsection 68 (1) of the Act, is authorised to operate radiocommunications devices in accordance with:

(a) the Act; and

(b) the core conditions set out in Licence Schedule 2; and

(c) the statutory conditions set out in Licence Schedule 3; and

(d) the other conditions set out in Licence Schedule 4.

2. This licence comes into force on the date shown at Item 5 of Licence Schedule 1 and remains in force until the end of the date shown at Item 6 of Licence Schedule 1.

3. Unless the contrary intention appears, terms and expressions used in this licence have the meaning given to them by the Radiocommunications Spectrum Conversion Plan (2.5 GHz Mid-band Gap) 2012.

4.  Unless otherwise specified, the value of a parameter in Licence Schedules 2 and 3 must be estimated with a level of confidence not less than 95% that the true value of the parameter will always remain below the requirement specified.

Licence Schedule 1 Licence details, bands and areas

Part 1  Licence Details

Part 2  Frequency Bands

For core condition 1, this licence authorises the operation of radiocommunications devices in the frequency bands that consist of the frequencies between the lower and upper limits where the lower limit is exclusive and upper limit inclusive.

Part 3 Geographic Area

For core condition 14, the operation of radiocommunications devices is authorised by this licence in the geographic area described by the sequence of HCIS identifiers in Table 1.

Note The HCIS is described in the Australian Spectrum Map Grid 2012[1] based on the spectrum map grid and referenced to the Geocentric Datum of Australia 1994 (GDA94).

Table 1: Geographic area of this licence

Licence Schedule 2 Core Conditions

Frequency band

1. This licence authorises the operation of radiocommunications devices in the frequency bands set out at Part 2 of Licence Schedule 1.

Emission limits outside the frequency band

2. Core conditions 3 to 13 apply in relation to those frequencies that are outside the frequency bands set out in Part 2 of Licence Schedule 1.

3. Where a written agreement exists between:

(a) the licensee; and

(b) all the affected licensees of frequency-adjacent and area-adjacent spectrum licences; 

specifying the maximum permitted level of radio emission for frequencies described in core condition 2, the licensee must comply with that specified maximum permitted level of radio emission.

4. Where there is no written agreement for the purposes of core condition 3 in force, core conditions 5 to 13 apply.

Non spurious emission limits

5. The licensee must ensure that radiocommunications devices operated under the licence do not exceed the non spurious emission limits in core conditions 6, 7, 8, 9 and 10.

6. Non-spurious emission limits – Low power registration exempt transmitters

(1)     For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter:

(i)             operating in the band 2570 MHz to 2620 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap; and

(ii)           with a radiated true mean power less than 13 dBm/30kHz,

the maximum emission limits outside the frequency band of the licence but within the band 2500 MHz to 2690 MHz are specified in Table 2.

(2)   In Table 2:

foffset is the frequency offset from the upper or lower frequency limits set out in Part 2 of Licence Schedule 1.

Table 2 Maximum emission limits (non-spurious emissions from low power registration exempt transmitters)

7. Non-spurious emission limits – High power fixed or nomadic transmitters (upper frequency limit of the licence)

(1)   For radio emission that is:

(a)   not spurious emission; and

(b)   caused by a radiocommunications transmitter operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band of the licence but within the band 2570 MHz to 2620 MHz are specified in Table 3.

(2)   In Table 3:

 foffset is the frequency offset from the upper frequency limit set out in Part 2 of Licence Schedule 1.

Table 3 Maximum emission limits – adjacent to the upper frequency limit of the licence (non-spurious emissions from high power fixed or nomadic transmitters)

8. Non-spurious emission limits – High power fixed or nomadic transmitters (lower frequency limit of the licence)

(1)     For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band of the licence but within the band 2570 MHz to 2620 MHz are specified in Table 4.

(2)     In Table 4:

 foffset is the frequency offset from the lower frequency limit set out in Part 2 of Licence Schedule 1.

Table 4 Maximum emission limits – adjacent to the lower frequency limit of the licence (non-spurious emissions from high power fixed or nomadic transmitters)

9. Non-spurious emission limits – High power fixed or nomadic transmitters – Emissions outside 2570 MHz to 2620 MHz band but within 2500 MHz to 2690 MHz band

(1)     For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the band 2570 MHz to 2620 MHz but within the band 2500 MHz to 2690 MHz are specified in Table 5.

(2)   In Table 5:

 foffset: is the frequency offset from the upper or lower frequency limits of the band 2570 MHz to 2620 MHz.

Table 5 Maximum emission limits – outside the 2570 MHz to 2620 MHz band but within the 2500 MHz to 2690 MHz band (non-spurious emissions from high power fixed or nomadic transmitters)

10. Non-spurious emission limits – High power restricted use registration exempt transmitters

(1)   For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter:

(i)            operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap; and

(ii)         with a radiated true mean power less than 19 dBm/30kHz,

the maximum emission limits outside the frequency band of the licence but within the band 2500 MHz to 2690 MHz are specified in Table 6.

(2)     In Table 6:

foffset: is the frequency offset from the upper or lower frequency limits set out in Part 2 of Licence Schedule 1.

Table 6 Maximum emission limits (non-spurious emissions from high power restricted use registration exempt transmitters)

Spurious emission limits

11.  The licensee must ensure that radiocommunications devices operated under the licence do not exceed the spurious emission limits in core conditions 12 and 13.

12. Spurious emission limits – 2.5 GHz Mid-band Gap transmitters

For radio emission that is:

(a)     spurious emission; and

(b)     caused by a radiocommunications transmitter operating in the band 2570 MHz to 2620 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band 2500 MHz to 2690 MHz are specified in Table 7.

Table 7 Spurious emission limits – transmitters

13. Spurious emission limits – 2.5 GHz Mid-band Gap receivers

For radio emission that is:

(a)     spurious emission; and

(b)     caused by a radiocommunications receiver operating in the band 2570 MHz to 2620 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band 2500 MHz to 2690 MHz are specified in Table 8.

Table 8 Spurious emission limits – receivers

Geographic area

14. This licence authorises the operation of radiocommunications devices in the geographic areas set out at Part 3 of Licence Schedule 1.

Emission limits outside the area

15. Core conditions 16 to 18 apply in relation to those geographic areas that are outside the geographic areas set out at Part 3 of Licence Schedule 1.

16. Where a written agreement exists between:

(a) the licensee; and

(b) all the affected licensees of frequency-adjacent and area-adjacent spectrum licences; 

 specifying the maximum permitted level of radio emission for any geographic area described in core condition 15, the licensee must comply with that specified maximum permitted level of radio emission.

17. Where there is no written agreement for the purposes of core condition 16 in force, core condition 18 applies.

18. The maximum permitted level of radio emission for a geographic area described in core condition 14 caused by operation of a radiocommunications transmitter under the licence must not exceed a radiated maximum true mean power of:

(a) 3 dBm EIRP per 30 kHz in the band offset 0 Hz to 5 MHz from the lower frequency boundary of the licence; and

(b) 43 dBm EIRP per 30 kHz at greater than 5 MHz offset from the lower frequency boundary of the licence.

Licence Schedule 3 Statutory Conditions

Liability to pay charges

1. The licensee must comply with all its obligations to pay:

(a)     charged fixed by determinations made under section 60 of the Australian Communications and Media Authority Act 2005;

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

(c)     the spectrum licence tax.

Third party use

2. (a) The licensee must notify any person authorised to operate radiocommunications devices under the licence of that person’s obligations under the Act, in particular of any registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under the licence, and any rules made under subsection 68 (3) of the Act.

 (b) Any person other than the licensee who operates a radiocommunications device under the 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 radiocommunications transmitter has been exempted from the registration requirements under condition 4 below, or:

(b) both:

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

(ii) the radiocommunications transmitter complies with the details about it that have been included 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 radiocommunications transmitter that operates in the 2.5 GHz Mid-band Gap with a radiated maximum true mean power of less than or equal to 13 dBm EIRP per 30 kHz;

(b)          a radiocommunications transmitter that operates on frequencies only within the band 2575 MHz to 2615 MHz, to a single fixed receiver, with a radiated maximum true mean power of less than or equal to 35 dBm per 30 kHz and an antenna height that is always less than 12 metres above ground;

(c)          a radiocommunications transmitter that operates on frequencies only within the band 2575 MHz to 2615 MHz, to a single receiver, with a radiated maximum true mean power that:

(i) is always less than or equal to 19 dBm per 30 kHz with a vehicle mounted antenna with a height always less than 4 metres above the local ground or roadway; or

(ii) is always less than or equal to 15 dBm per 30 kHz with an airborne antenna but always located greater than 145 kilometres from the geographic licence boundary;

(d)          a radiocommunications transmitter that operates on frequencies only within the band 2575 MHz to 2615 MHz, to a single receiver with a radiated maximum true mean power that is always less than equal to 25 dBm per 30 kHz, with an airborne antenna with a height at least 340 metres above the local ground height; but

(i) at or below an altitude (above sea level) of 1000 metres and at or greater than 145 km from the geographic licence boundary; or

(ii) at or below an altitude (above sea level) of 2000 metres and above 1000 metres and at or greater than 195 km from the geographic licence boundary; or

(iii) at or below an altitude (above sea level) of 3000 metres and above 2000 metres and at or greater than 235 km from the geographic licence boundary; or

(iv) within any distance of a geographic licence boundary that is the outer boundary of the Australian Spectrum Map Grid.

Determination of unacceptable interference

5.  The ACMA has made the Radiocommunications (Unacceptable Levels of Interference – 2.5 GHz Mid-band Gap) Determination 2012 that sets out the unacceptable levels of interference for the purpose of registering radiocommunications transmitters to be operated under this licence, and which is to be used for the issuing of certificates by persons accredited under section 263 of the Act for the purposes of section 145 of the Act.   

Note Although not mandatory, the registration of receivers is advised because one of the matters the ACMA will take into account in settling interference is the time of registration of the receiver involved in the interference.             

Residency

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

(a) the licensee or the authorised person, if relevant, is an Australian resident; or

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

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

Australian resident has the same meaning as in the Income Tax Assessment
Act 1997.

authorised person means a person authorised under section 68 of the Act by the licensee to operate radiocommunications devices under this licence.

permanent establishment has the same meaning as in:

(a) if the licensee or authorised person (as appropriate) is a resident of a country or other jurisdiction with which Australia has an agreement, within the meaning of the International Tax Agreements Act 1953—that agreement; or

(b) in any other case—the Income Tax Assessment Act 1997.

Licence Schedule 4 Other Conditions

Scope of licence

1. This licence only authorises the operation of radiocommunications devices for the purpose of the provision of a television outside broadcast service. 

Interference management

2. In this licence:

“manage interference” includes but is not limited to:

(a)          investigating the possible causes of the interference;

(b)          taking all steps reasonably necessary to resolve disputes about interference;

(c)          taking steps (or requiring persons authorised to operate devices under this licence to take steps) reasonably likely to reduce interference to acceptable levels; and

(d)          negotiating with other persons to reduce interference to acceptable levels.

Responsibility to manage interference

3. The licensee must manage:

(a)          interference between radiocommunications devices operated under this licence; and

(b)          interference between radiocommunications devices operated under this licence and under each other spectrum licence held by the licensee.

Co-sited devices

4. If:

(a) interference occurs between:

(i) a radiocommunications device operated under this spectrum licence; and

(ii) another radiocommunications device operated under another licence,

when the measured separation between the phase centre of the antenna used with each device is less than 200 metres; and

(b) that interference is not the result of operation of a radiocommunications device in a manner that does not comply with the conditions of the relevant licence; and

(c) either the licensee or the holder (or third party authorisee) of the other licence wishes to resolve the interference;

the licensee must manage interference with:

(d) the holder of the other licence; or

(e) if a site manager is responsible for managing interference at that location, that site manager.

Information for Register

5. The licensee must give the ACMA all information as required by the ACMA from time to time for inclusion in the Register.

International coordination

6. A licensee must ensure that operation of a radiocommunications transmitter under this licence does not cause harmful interference to a receiver that operates in accordance with International Telecommunication Union Radio Regulations and is located in a country other than Australia.

Electromagnetic Energy Requirements (EME)

7. The licensee is subject to section 4 of Part 1 and Parts 2, 3 and 4 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 as in force from time to time. For this condition, the reference to a transmitter licence in the definition of licence in subsection 4 (1) of that determination should be read as if it were a reference to a spectrum licence.

Protection of the Mid-West Radio Quiet Zone

8.  Before seeking to register a radiocommunications transmitter for use in or around the RQZ and supplementary RQZ, as defined by the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011, the licensee must follow the procedures set out in Radiocommunications Assignment and Licensing Instruction (RALI) MS 32 as in force from time to time.

  Note RALI MS 32 is available on the ACMA website.

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Licence Schedule 5  Licence Notes

Variation to licence conditions

1. The ACMA may, with the written agreement of the licensee, vary a licence by including one or more further conditions, or revoking or varying any conditions of the licence, provided that the conditions, as varied, still comply with the requirements of Subdivision C of Division 1 of Part 3.2 of the Act.

2. The ACMA may, by written notice given to the licensee, vary a licence by including one or more further conditions or revoking or varying any non core conditions of the licence provided, that the licence as varied complies with the requirements of Subdivision C of Division 1 of Part 3.2 of the Act.

Guidelines

3. The ACMA has issued written Radiocommunications Advisory Guidelines under section 262 of the Act about:

(a)          co-ordinating the operation of transmitters under this licence with radiocommunications receivers operated under other licences:

• Radiocommunications Advisory Guidelines (Managing interference from Transmitters  2.5 GHz Mid-band Gap) 2012;

(b)         co-ordinating the operation of receivers operated under this licence with transmitters operated under other radiocommunications licences:

• Radiocommunications Advisory Guidelines (Managing Interference to Receivers – 2.5 GHz Mid-band Gap) 2012.

4. The guidelines should be read in conjunction with the Radiocommunications (Unacceptable Levels of Interference – 2.5 GHz Mid-band Gap) Determination 2012 made under subsection 145 (4) of the Act.  This determination sets out the unacceptable levels of interference for the purpose of the registration of transmitters to be operated under this licence.  The guidelines should be followed by licensees (and accredited persons) before operating transmitters.  The ACMA intends to afford protection to receivers in accordance with the guidelines in the settlement of interference disputes.  Copies of the guidelines are available from the ACMA.

The suspension and cancellation of spectrum licences

5. The ACMA may by written notice given to a licensee, suspend or cancel a spectrum licence in accordance with Division 3 of Part 3.2 of the Act.

Re-issue

6. A spectrum licence will not be reissued to the same licensee without a price based allocation procedure unless:

(a)     the ACMA is satisfied under subsection 82 (1) of the Act that special circumstances exist as a result of which it would in the public interest for that licensee to continue to hold that licence; or

(b)     the licence was used to provide a service of a kind determined by the Minister under subsection 82 (3) of the Act for which reissuing licences to the same licensees would be in the public interest.

Trading

7. (a) A licensee may assign or otherwise deal with the whole or any part of a spectrum licence provided that this is done in accordance with any rules determined by the ACMA under section 88 of the Act.

(b) An assignment under section 85 of the Act of the whole or any part of a licence that involves any change to a licence does not take effect until the Register has been amended to take it into account.

Appeals

8. An application may be made to the ACMA for re-consideration of the ACMA’s decisions listed under section 285 of the Act.  A person affected by and dissatisfied with an ACMA decision may seek a re-consideration of the decision by the ACMA under subsection 288 (1) of the Act.  This decision can be subject to further reconsideration by the Administrative Appeals Tribunal, subject to the provisions of the Administrative Appeals Tribunal Act 1975.

Labelling of transmitters

9. Transmitters operated under this licence must be labelled in accordance
with the Radiocommunications (Labelling) Determination 1997.

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Schedule 3  Emission limits outside the geographic area

Subsection 11 (1)

Part 1  Base emission limits

1. This Part applies in those parts of the spectrum for which there is no agreement for the purposes of paragraph 2 of Part 2 of this Schedule 3.

2. The maximum permitted level of radio emission outside the area, caused by operation of a radiocommunications device within the frequency band of the licence is:

(a) in the band offset 0 Hz to 5 MHz from the lower frequency boundary of the licence a horizontally radiated power of 3 dBm EIRP per 30 kHz; and

(b) at greater than 5 MHz offset from the lower frequency boundary of the licence a horizontally radiated power of 43 dBm EIRP per 30 kHz.

3. The maximum permitted level of radio emission is to be determined with a level of confidence not less than 95 percent that the true level of emission will always remain below the requirement specified.

4. For the purposes of paragraph 2, the licensee complies, by ensuring that no radiocommunications device is operated under this licence within the frequency band of the licence in excess of a radiated maximum true mean power of:

(a) 3 dBm EIRP per 30 kHz in the band offset 0 Hz to 5 MHz from the lower frequency boundary of the licence; and

(b) 43 dBm EIRP per 30 kHz at greater than 5 MHz offset from the lower frequency boundary of the licence.

5. For the purposes of paragraphs 2 and 4, the level of emission is to be estimated               after taking into account:

(a)     the kind of antenna; and

(b)     the kind of equipment used with the antenna; and

(c)     the location and immediate physical environment in which the
antenna operates.

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 Part 2  Other emission limits

1. This Part applies in the parts of the spectrum for which there is an agreement               in force for the purposes of paragraph 2.

2. Where a written agreement exists between:

(a) the licensee; and

(b) all the affected licensees of frequency-adjacent and area-adjacent spectrum licences,

 specifying the maximum permitted level of radio emission, then the licensee must comply with that specified maximum permitted level of radio emission.

3. For the purposes of paragraph 2, the specified maximum permitted level of radio emission cannot exceed the base emission limits of 43 dBm EIRP per 30 kHz.

4. The maximum permitted level of radio emission is to be determined with a level of confidence not less than 95 percent that the true level of emission will always remain below the requirement specified.

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Schedule 4  Emission limits outside the band

Subsection 11 (2)

Note Emission limits outside the band manage levels of:

(a)  modulation and intermodulation products outside the frequency band of the licence associated with:

(i)   the transmitted information; and

  (ii)   switching transient emissions (carrier rise times); and

  (iii)  multicarrier transmitters; and

(b)  transmitter wide band noise; and

(c)  transmitter spurious signals from frequency combining processes, including
multicoupling of transmitters into an antenna; and

(d)  receiver emissions.

Part 1 Base Emission Limits

1. This Part applies in those parts of the spectrum for which there is no  agreement in force for the purposes of paragraph 2 of Part 2 of Schedule 4.

2. The maximum permitted level of radio emission is to be determined with a level of confidence not less than 95 percent that the true level of emission will always remain below the requirement specified.

3. Non-spurious emission limits – Low power registration exempt transmitters

(1)         For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter:

(i)        operating in the band 2570 MHz to 2620 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap; and

(ii)      with a radiated true mean power less than 13 dBm/30kHz,

the maximum emission limits outside the frequency band of the licence but within the band 2500 MHz to 2690 MHz are specified in Table 3.

(2)   In Table 3:

foffset is the frequency offset from the upper or lower frequency limits of the licence.

Table 3 Maximum emission limits (non-spurious emissions from low power registration exempt transmitters)

4. Non-spurious emission limits – High power fixed or nomadic transmitters (upper frequency limit of licence)

(1)     For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band of the licence but within the band 2500 MHz to 2690 MHz are specified in Table 4.

(2)   In Table 4:

foffset is the frequency offset from the upper frequency limit of the licence.

Table 4 Maximum emission limits – adjacent to the upper frequency limit of the licence (non-spurious emissions from high power fixed or nomadic transmitters)

5. Non-spurious emission limits – High power fixed or nomadic transmitters (lower frequency limit of licence)

(1)     For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band of the licence but within the band 2500 MHz to 2690 MHz are specified in Table 5.

(2)   In Table 5:

foffset is the frequency offset from the lower frequency limit of the licence.

Table 5 Maximum emission limits – adjacent to the lower frequency limit of the licence (non-spurious emissions from high power fixed or nomadic transmitters)

6. Non-spurious emission limits – High power fixed or nomadic transmitters –Emissions outside 2570 MHz to 2620 MHz band but within 2500 MHz to 2690 MHz band

(1)          For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the band 2570 MHz to 2620 MHz but within the band 2500 MHz to 2690 MHz are specified in Table 6.

(2)   In Table 6:

foffset is the frequency offset from the upper and lower frequency limits of the band 2570 MHz to 2620 MHz.

Table 6 Maximum emission limits – outside the 2570 MHz to 2620 MHz band but within the 2500 MHz to 2690 MHz band (non-spurious emissions from high power fixed or nomadic transmitters)

7. Non-spurious emission limits – High power restricted use registration exempt transmitters

(1)     For radio emission that is:

(a)     not spurious emission; and

(b)     caused by a radiocommunications transmitter:

(i)            operating in the band 2575 MHz to 2615 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap; and

(ii)         with a radiated true mean power less than 19 dBm/30kHz,

the maximum emission limits outside the frequency band of the licence but within the band 2500 MHz to 2690 MHz are specified in Table 7.

(2)     In Table 7:

foffset is the frequency offset from the upper or lower frequency limits of the licence.

Table 7 Maximum emission limits (non-spurious emissions from high power restricted use registration exempt transmitters)

8. Spurious emission limits – 2.5 GHz Mid-band Gap transmitters

For radio emission that is:

(a)          spurious emission; and

(b)         caused by a radiocommunications transmitter operating in the band 2570 MHz to 2620 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band 2500 MHz to 2690 MHz are specified in Table 8.

Table 8 Radiocommunications transmitter spurious emission limits

9. Spurious emission limits – 2.5 GHz Mid-band Gap receivers

For radio emission that is:

(a)          spurious emission; and

(b)         caused by a radiocommunications receiver operating in the band 2570 MHz to 2620 MHz under a spectrum licence issued in the 2.5 GHz Mid-band Gap,

the maximum emission limits outside the frequency band 2500 MHz to 2690 MHz are specified in Table 9.

 Table 9 Radiocommunications receiver spurious emission limits

Part 2  Other emission limits

1. This Part applies in that part of the spectrum for which there is an agreement in force for the purposes of paragraph 2.

2. Where a written agreement exists between:

(a)  the licensee; and

(b)  all the affected licensees of frequency-adjacent and area-adjacent spectrum licences,

specifying the maximum permitted level of radio emission, the licensee must comply with that specified maximum permitted level of radio emission.

3. For the purposes of paragraph 2, the specified maximum permitted level of radio emission cannot exceed the base emission limits of Part 1 of this Schedule.

4. The maximum permitted level of radio emission is to be determined with a level of confidence not less than 95 percent that the true level of emission will always remain below the requirement specified.

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Schedule 5  Collection stations

Section 25

Queensland

New South Wales

Victoria