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Radiocommunications (Register of Radiocommunications Licences) Determination 2017

 

made under sections 144, 147 and 149 of the

Radiocommunications Act 1992

 

 

Compilation No. 4

Compilation date:    22 March 2025

Includes amendments up to: F2025L00387

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

 

This compilation

This is a compilation of the Radiocommunications (Register of Radiocommunications Licences) Determination 2017 that shows the text of the law as amended and in force on 22 March 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


  This is the Radiocommunications (Register of Radiocommunications Licences) Determination 2017.

  This instrument is made under sections 144, 147 and 149 of the Radiocommunications Act 1992.

  1.     In this Determination:

ACN has the same meaning as it has in section 9 of the Corporations Act 2001.

Act means the Radiocommunications Act 1992.

effective occupied bandwidth, in relation to a transmitter, means the minimum width of a frequency band having fixed upper and lower limits that is necessary to contain 99% of the true mean power of the transmitter’s emission at any time.

emission centre frequency, in relation to a transmitter, means the frequency midway between the lower and upper frequency limits of the transmitter’s effective occupied bandwidth.

emission designator has the meaning given by section 7.

fixed receiver means a receiver that is principally located at a fixed point. 

fixed transmitter means a transmitter that is principally located at a fixed point.

group of receivers has the meaning given by section 9.

group of transmitters has the meaning given by section 8.

interference impact certificate means a certificate issued by an accredited person under subsection 145(3) of the Act.

Register means the Register of Radiocommunications Licences established under section 143 of the Act.

s.145 determination means, in respect of a spectrum licence, the determination of unacceptable levels of interference, made under section 145 of the Act, that is specified in that spectrum licence.

Note: Each s.145 determination is a legislative instrument and is available, free of charge, from the Federal Register of Legislation and www.legislation.gov.au.

Tax Determination means:

(a) the Radiocommunications (Transmitter Licence Tax) Determination 2025; or

(b) if a later instrument replaces that determination – the later instrument.

Note 1: The Radiocommunications (Transmitter Licence Tax) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A number of other expressions used in this instrument are defined in the Act or the Radiocommunications (Interpretation) Determination 2015, including the following:

  1.       ACMA;

(aa) area-wide licence;

(ab) area-wide receive licence;

(aba) fixed licence;

(ac) PTS licence;

  1.       radiocommunications receiver;
  2.       radiocommunications transmitter;
  3.       Radio Regulations;
  4.       receiver; and
  5.        transmitter.

(2) In this instrument:

(a) a site is in a high density area if it is in the Sydney area, the Melbourne area or the Brisbane area, within the meaning given to those expressions by the Tax Determination; and

(b) a site is in a medium density area if it is in the Perth area, the Adelaide area or the Newcastle area, within the meaning given to those expressions by the Tax Determination; and

(c) a site is in a low density area if it is both:

(i) in the East Australian area, the Western Australian area, the Tasmania area or the Darwin area, within the meaning given to those expressions by the Tax Determination; and

(ii) not in a high density area or a medium density area.

  In this Determination, unless the contrary intention appears:

(a)  a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)  a reference to any other kind of instrument is a reference to that other kind of instrument as in force from time to time.             

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

  1.            In this Determination, a reference to an emission designator, in relation to a transmitter operated under an apparatus licence or a spectrum licence, is a reference to the designation of the transmitter’s emission worked out in accordance with the Radio Regulations published by the International Telecommunication Union.

Note: The Radio Regulations are available from the International Telecommunication Union’s website at: http://www.itu.int.

(2) For the purpose of working out the designation of the emission of a transmitter operated under a spectrum licence, the references to necessary bandwidth for a given class of emission are taken to be references to the effective occupied bandwidth of the transmitter.

(1) In this Determination, two or more fixed transmitters are a group of transmitters if:

(a) they have the same centre frequency and emission designator;

(b) they are operated for the purpose of communicating with the same radiocommunications receiver or group of radiocommunications receivers;

(c) each has an antenna of the same type, model and manufacturer;

(d) the antenna used with each fixed transmitter is located on the same structure and within 20 metres of the phase centre of all antennas within the group of radiocommunications transmitters; and

(e) the identification number assigned by the ACMA to the antenna used with each radiocommunications transmitter is the same.

(2) Despite subsection (1), two or more fixed transmitters are not a group of transmitters if any of those transmitters already belong to a group of transmitters, the details of which are included in the Register.

(3) The location of a group of transmitters is calculated in accordance with the relevant s.145 determination.

(1) In this Determination, two or more fixed receivers are a group of receivers if:

  1.       they are operated for the purpose of communicating with the same transmitter or group of transmitters;
  2.       each has an antenna of the same type, model and manufacturer;
  3.       the antenna used with each fixed receiver is located on the same structure and within 20 metres of the phase centre of all antennas within the group of radiocommunications receivers; and
  4.       the identification number assigned by the ACMA to the antenna used with each radiocommunications receiver is the same.
  5.       Despite subsection (1), two or more fixed radiocommunications receivers are not a group of receivers if any of those receivers already belong to a group of receivers, the details of which are included in the Register.

(3) The location of a group of radiocommunications transmitters is calculated in accordance with the relevant s.145 determination.

(1) The part of the Register relating to apparatus licences must contain the details set out in:

(a) for a fixed licence – subsection (2) and section 10A;

(b) for any other apparatus licence – this section;

about each such licence and the devices operated under the licence.

Note: Under paragraphs 147(1)(a) and (b) of the Act, the Register must contain, for each apparatus licence, the licensee’s name and postal address, and the dates of issue and expiry of the licence. The further details mentioned in subsections 10(2) to 10(7), and in section 10A, have been determined by the ACMA under paragraphs 147(1)(c), (d) or (e) of the Act, as the case may be, or are otherwise considered to be details necessary or convenient for the purposes of the Act: see subsection 147(2) of the Act.

(2) The details about each licensee of an apparatus licence are:

  1.       the client number assigned by the ACMA to the licensee;
  2.       the licensee’s trading name (if any); and
  3.       if the licensee is a company—its ACN.

(3) The details about each apparatus licence are:

  1.       the licence number;
  2.       the date of effect;
  3.       the licence callsign;
  4.       the licence type;
  5.       the status of the licence (for example, whether the licence is suspended);
  6.        the ship station name (where applicable);
  7.       the special conditions in the licence (if any); and
  8.       the advisory notes in the licence (if any).

(4) The details about the use of the spectrum by each device authorised to be operated under the licence are:

  1.       the number assigned by the ACMA to that use;
  2.       the carrier frequency;
  3.       the assigned frequency;
  4.       the bandwidth;
  5.       the status (that is, whether approved or not);
  6.        the hours of operation of the device;
  7.       the date the use of the spectrum was approved;
  8.       if the operation of the device is related to a geographic area—that area;
  9.        whether the coverage is by means of a low power spectrum access within the meaning of that term in the Tax Determination; and
  10.        the identifier allotted by the International Telecommunication Union Radiocommunication Bureau.

(4A) However, for subsection (4), the part of the Register relating to apparatus licences need not contain the details about the use of the spectrum by the devices authorised to be operated under:

(a) an area-wide licence; or

(b) an area-wide receive licence; or

(c) a PTS licence;

unless there is a condition in:

(d) the licence; or

(e) an instrument made under subsection 110A(1) or subsection 110A(2) of the Act that applies to the licence;

to the effect that the Register must contain the details.

(5) The details about each device authorised to be operated under the licence are:

  1.       the registration number assigned by the ACMA;
  2.       whether the device is a transmitter or a receiver;
  3.       the emission designator;
  4.       for a device whose power is measured as equivalent isotropically radiated power—the maximum equivalent isotropically radiated power;
  5.       the transmitter power;
  6.        the form the power of the radiofrequency transmitter is expressed in as defined in the Radio Regulations published by the International Telecommunication Union;
  7.       the antenna height above ground level;
  8.       the azimuth for a device using a directional antenna, being the bearing along the centre of the beamwidth;
  9.        the intended polarisation of the radiation; and
  10.        the antenna tilt relative to the perpendicular.

(5A) However, for subsection (5), the part of the Register relating to apparatus licences need not contain the details about the devices authorised to be operated under:

(a) an area-wide licence; or

(b) an area-wide receive licence; or

(c) a PTS licence;

unless there is a condition in:

(d) the licence; or

(e) an instrument made under subsection 110A(1) or subsection 110A(2) of the Act that applies to the licence;

to the effect that the Register must contain the details.

(6) The details about each antenna are:

  1.       the identification number assigned by the ACMA;
  2.       the forward gain for the intended polarisation, in units of dBi;
  3.       the 3 dB beamwidth for the intended polarisation, in degrees;
  4.       the front to back ratio for the intended polarisation, in decibels;
  5.       the antenna size;
  6.        the antenna type; 
  7.       the antenna model; and
  8.       the antenna manufacturer.

(6A) However, for subsection (6), the part of the Register relating to apparatus licences need not contain the details about the antennas used by, for or in relation to devices authorised to be operated under:

(a) an area-wide licence; or

(b) an area-wide receive licence; or

(c) a PTS licence;

unless there is a condition in:

(d) the licence; or

(e) an instrument made under subsection 110A(1) or subsection 110A(2) of the Act that applies to the licence;

to the effect that the Register must contain the details.

(7) The details about each site where a device is located are:

  1.       the site identification number assigned by the ACMA;
  2.       the site name;
  3.       the site address;
  4.       the site latitude and longitude and the precision of those coordinates; and
  5.       whether the site is within a high density area, a medium density area or a low density area.

(7A) However, for subsection (7), the part of the Register relating to apparatus licences need not contain the details about the sites where devices authorised to be operated under:

(a) an area-wide licence; or

(b) an area-wide receive licence; or

(c) a PTS licence;

are located, unless there is a condition in:

(d) the licence; or

(e) an instrument made under subsection 110A(1) or subsection 110A(2) of the Act that applies to the licence;

to the effect that the Register must contain the details.

(1) The details about each fixed licence are:

(a) the licence number;

(b) the date of effect;

(c) the licence callsign;

(d) the licence type;

(e) the status of the licence (for example, whether the licence is suspended);

(f) the special conditions in the licence (if any); and

(g) the advisory notes in the licence (if any).

(2) For:

(a) each base station authorised to be operated under a fixed licence (point to multipoint station); and

(b) for each radiocommunications transmitter authorised to be operated under any other fixed licence;

 the details about the use of the spectrum by the licence are:

(c) the number assigned by the ACMA to that use;

(d) the carrier frequency (if any is specified);

(e) the assigned frequency (if any is specified);

(f) the bandwidth;

(g) the status (that is, whether approved or not);

(h) the hours of operation of the station or transmitter (if any);

(i) if the operation of the station or transmitter is related to a geographic area – that area;

(j) whether the coverage is by means of a low power spectrum access within the meaning of that term in the Tax Determination;

(k) the identifier allotted by the International Telecommunication Union Radiocommunication Bureau.

Note 1: For a fixed licence (point to multipoint station), the details of radiocommunications transmitters other than base stations operated under the licence do not need to be registered.

Note 2: For some fixed licences, a frequency band is specified (whether by specifying the upper and lower limits of the band, or by specifying the centre frequency and bandwidth), rather than a carrier frequency or an assigned frequency.

(3) For:

(a) each base station authorised to be operated under a fixed licence (point to multipoint station); and

(b) for each radiocommunications transmitter authorised to be operated under any other fixed licence;

  the details about the station or transmitter are:

(c) the registration number assigned by the ACMA;

(d) except for a sound outside broadcast station, television outside broadcast network station, television outside broadcast station or a television outside broadcast system station:

(i) the emission designator; and

(ii) for a station or transmitter whose power is measured as EIRP – the maximum EIRP; and

(iii) the form the power of the station or transmitter is expressed in, as defined in the Radio Regulations; and

(iv) the antenna height above ground level; and

(v) the azimuth for a station or transmitter using a directional antenna, being the bearing along the centre of the beamwidth; and

(vi) the antenna tilt relative to the perpendicular; and

(vii) the intended polarisation of the radiation.

Note: For a fixed licence (point to multipoint station), the details of radiocommunications transmitters other than base stations operated under the licence do not need to be registered.

(4) For:

(a) each base station authorised to be operated under a fixed licence (point to multipoint station); and

(b) for each radiocommunications transmitter authorised to be operated under any other fixed licence, except for a sound outside broadcast station, television outside broadcast network station, television outside broadcast station or a television outside broadcast system station;

the details about each antenna are:

(c) the identification number assigned by the ACMA;

(d) the forward gain for the intended polarisation, in units of dBi;

(e) the 3 dB beamwidth for the intended polarisation, in degrees;

(f) the front to back ratio for the intended polarisation, in dB;

(g) the antenna size;

(h) the antenna type;

(i) the antenna model; and

(j) the antenna manufacturer.

Note: For a fixed licence (point to multipoint station), the details of radiocommunications transmitters other than base stations operated under the licence do not need to be registered. However, some details about the radiocommunications receivers to which those transmitters send transmissions may be included.

(5) Subject to subsection (6), for:

(a) each base station authorised to be operated under a fixed licence (point to multipoint station); and

(b) for each radiocommunications transmitter authorised to be operated under any other fixed licence;

  the details about each site where the station or transmitter is located are:

(c) the site identification number assigned by the ACMA;

(d) the site name;

(e) the site address;

(f) the site latitude and longitude and the precision of those coordinates; and

(g) whether the site is within a high density area, a medium density area or a low density area.

Note: For a fixed licence (point to multipoint station), the details of radiocommunications transmitters other than base stations operated under the licence do not need to be registered.

(6) If:

(a) a fixed licence (point to multipoint station) authorises the operation of a base station in a defined area, rather than at a specified site; or

(b) any other fixed licence, other than a fixed licence (point to point), authorises the operation of a radiocommunications transmitter in a defined area, rather than at a specified site;

  the details about the defined area are:

(c) the defined area;

(d) whether the defined area is within a high density area, a medium density area or a low density area, or is the whole of Australia;

(e) if the ACMA assigns an identification number to the defined area – that identification number.

Note: For a fixed licence (point to multipoint station), the details of radiocommunications transmitters other than base stations operated under the licence do not need to be registered.

(7) In this section, each of the expressions base station, fixed licence (point to multipoint station) and fixed licence (point to point station) has the meaning given by:

(a) the Radiocommunications Licence Conditions (Fixed Licence) Determination 2025; or

(b) if a later instrument replaces that determination and defines the expression – the later instrument.

  1.            The part of the Register relating to spectrum licences must contain the details set out in this section about each spectrum licence.

Note: Under paragraphs 144(1)(a) and (b) of the Act, the Register must contain, for each spectrum licence, the licensee’s name and postal address, and the dates of issue and expiry of the licence.  The further details mentioned in subsections 11(2), 11(3) and 12(1) to 12(6) have been determined by the ACMA under paragraphs 144(1)(c), (d) or (e) of the Act, as the case may be, or are otherwise considered to be details necessary or convenient for the purposes of the Act: see subsection 144(2) of the Act.

  1.            The details about each licensee of a spectrum licence are:
    1.       the client number assigned by the ACMA to the licensee;
    2.       the licensee’s trading name (if any); and
    3.       if the licensee is a company—its ACN.
  2.              The details about each spectrum licence are:
  1.       the licence number;
  2.       the date of effect;
  3.       the identification code assigned by the ACMA to the frequency band in relation to which the licence is issued;
  4.       the core conditions of the licence;
  5.       the periods specified in the licence during which operation of devices is authorised under the licence;
  6.        the conditions included in the licence by the ACMA under section 71 of the Act;
  7.       the title of the s.145 determination;
  8.       the title of the guidelines (if any) issued by the ACMA under section 262 of the Act about the co-ordination of devices operated under the licence with other specified devices, whether or not those other devices are also operated under the licence; and
  9.        if particular kinds of transmitters are exempt from meeting the requirements of the ACMA under Part 3.5 of the Act for registration under that Part—a description of the kinds of transmitters.

(1) The part of the Register relating to spectrum licences must contain the details set out in this section about:

  1.       each transmitter authorised to be operated under each spectrum licence, unless registration of the transmitter is exempt under a condition included in the licence relating to the transmitter under subsection 69(2) of the Act; and
  2.       if a licensee registers a receiver—each receiver that is so registered.
  1.            The details are:
  1.       the licence number;
  2.       the device identification number assigned by the ACMA to each device;
  3.       the registration identification number assigned by the ACMA to each device;
  4.       whether the device is a transmitter or a receiver;
  5.       the number assigned by the ACMA to the person who applied to register the device;
  6.        if the device is a transmitter—the client number assigned by the ACMA to the person accredited under section 263 of the Act who issued the interference impact certificate for the device;
  7.       the date and time of registration of the device; and
  8.       an indication of whether the operation of the device is authorised during certain times only.

(3) The details about each antenna are:

  1.       the identification number assigned by the ACMA;
  2.       the forward gain for the intended polarisation, in units of dBi;
  3.       the 3 dB beamwidth for the intended polarisation, in degrees;
  4.       the front to back ratio for the intended polarisation, in decibels;
  5.       the antenna size;
  6.        the antenna type;
  7.       the antenna model; and
  8.       the antenna manufacturer.

(4) The details about each site where a device is located are:

  1.       the site identification number assigned by the ACMA;
  2.       the site name;
  3.       the site address;
  4.       the site latitude and longitude and the precision of those coordinates; and
  5.       whether the site is within a high density area, a medium density area or a low density area.

(5) If the device is a transmitter, the details are:

  1.       the emission centre frequency;
  2.       the emission designator;
  3.       the effective occupied bandwidth;
  4.       for a device whose power is measured as equivalent isotropically radiated power—the maximum equivalent isotropically radiated power;
  5.       the transmitter power;
  6.        the form the power of the radiofrequency transmitter is expressed in as defined in the Radio Regulations published by the International Telecommunication Union;
  7.       the antenna height above ground level;
  8.       the azimuth for a device using a directional antenna, being the bearing along the centre of the beamwidth;
  9.        the intended polarisation of the radiation;
  10.        the antenna tilt relative to the perpendicular;
  11.       the parameters relating to the operation of devices that are used in working out unacceptable levels of interference under the s.145 determination; and
  12.        whether the device is registered as part of a group of transmitters.

(6) If the device is a receiver, the details are:

  1.       the emission centre frequency of the intended received signal;
  2.       the emission designator of the intended received signal;
  3.       the effective occupied bandwidth of the intended received signal;
  4.       the antenna height above ground level;
  5.       the azimuth for a device using a directional antenna, being the bearing along the centre of the beamwidth;
  6.        the polarisation of the intended received signal;
  7.       the antenna tilt relative to the perpendicular; and
  8.       whether the device is registered as part of a group of receivers.

The part of the Register relating to class licences must contain, for each class licence, the title of the class licence.

Note: Class licences issued by the ACMA under s. 132 of the Act are available on the Federal Register of Legislation which may be accessed at www.legislation.gov.au.

 

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Radiocommunications (Register of Radiocommunications Licences) Determination 2017

23 August 2017
(see F2017L01069)

24 August 2017

 

Radiocommunications Legislation (2020 Measures No.1) Instrument 2020

30 January 2020
(see F2020L00063)

31 January 2020

 

Radiocommunications (Register of Radiocommunications Licences) Amendment Determination 2024 (No. 1)

20 March 2024
(see F2024L00317)

21 March 2024

 

Radiocommunications (Transmitter Licence Tax) (Consequential Amendments) Instrument 2025

3 February 2025
(see F2025L00056)

4 February 2025

 

Radiocommunications (Register of Radiocommunications Licences) Amendment Determination 2025 (No. 1)

21 March 2025
(see F2025L00387)

22 March 2025

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep. LA s 48D

s 4.....................

rep. LA s 48C

s.5.....................

am. 2024, am. F2025L00056, am. F2025L00387

s.10(1)..................

rs. F2025L00387

s.10(4A).................

ad. 2020, rs. 2024

s.10(4)..................

am. F2025L00056

s.10(5A).................

ad. 2020, rs. 2024

s.10(6A).................

ad. 2020, rs. 2024

s.10(7)..................

am. F2025L00056

s.10(7A).................

ad. 2020, rs. 2024

s.10A...................

ad. F2025L00387

s.12(4)..................

am. F2025L00056