Radiocommunications Licence Conditions (PTS Licence) Determination 2013 (Cth)
Radiocommunications Licence Conditions (PTS Licence) Determination 2013
made under paragraph 107(1)(f) of the
Radiocommunications Act 1992
Compilation No. 1
Compilation date: 21 November 2018
Includes amendments up to: F2018L01584
Prepared by the Australian Communications and Media Authority, Melbourne
About this compilation
This compilation
This is a compilation of the Radiocommunications Licence Conditions (PTS Licence) Determination 2013 that shows the text of the law as amended and in force on 21 November 2018 (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 Federal Register of Legislation ( 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 series page on the Federal Register of Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 1 Preliminary
Name of Determination
This Determination is the Radiocommunications Licence Conditions (PTS Licence) Determination 2013.
Scope
(1) This Determination sets out conditions to which a PTS licence is subject in the following manner:
(a) every PTS licence is subject to the conditions in Part 2;
(b) every PTS licence (PMTS B) is also subject to the conditions in Part 3;
(c) every PTS licence (PMTS C) is also subject to the conditions in Part 4.
(2) However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.
Interpretation
(1) In this Determination, unless the contrary intention appears:
licence means:
(a) a PTS licence (PMTS B); or
(b) a PTS licence (PMTS C).
licensee means the holder of a licence and includes any person authorised by the licensee to operate a station under the licence.
PTS licence (PMTS B) means a PTS licence that authorises the holder to operate a land station in a PMTS Class B.
PTS licence (PMTS C) means a PTS licence that authorises the holder to operate a station in a PMTS Class C.
repeater station means a station that is used for the reception and automatic retransmission of radio signals.
Note For the definitions of other expressions used in this Determination, see the Radiocommunications Act 1992, the Radiocommunications (Interpretation) Determination 2000 and the Radiocommunications Regulations 1993.
(2) For this Determination, a frequency band described using 2 frequencies starts immediately above the lower frequency and ends at the higher frequency.
Part 2 Conditions for every PTS licence
Conditions
Every PTS licence is subject to the conditions set out in this Part relating to the operation of a station under the licence by the licensee.
Record keeping
(1) The licensee must keep a record of the location, frequency and technical parameters of each station.
(2) If the ACMA asks the licensee for a copy of the record, the licensee must, as soon as practicable, give the ACMA:
(a)a copy of the record; and
(b)if the record is not in English — an English translation of the record.
(3) Subsections (1) and (2) do not apply in relation to a station operated under a PTS licence where the station:
(a)has an indoor fixed antenna and a radiated true mean power less than or equal to 24 dBm EIRP/occupied bandwidth; and
(b)uses the receive or transmit frequencies and the emission designator specified in the licence; and
(c)is within the coverage area of the base station specified in the licence.
5A Stations exempt from subsections 5 (1) and 5 (2)
A station that meets the specifications set out in subsection 5 (3) must be operated:
(a)in a manner that does not cause harmful interference to licensed radiocommunications devices; and
(b)on the basis that the licensee cannot claim protection from harmful interference from other licensed radiocommunications devices.
5B Synchronisation condition
(1) If, on or after 30 March 2020:
(a)interference occurs between:
(i) a radiocommunications device (the first device) operated under a PTS transmitter licence (the first licence); and
(ii) a radiocommunications device (the other device) operated under a spectrum licence or another PTS transmitter licence (the other licence); and
(b)the first licence authorises the operation of a radiocommunications device in the part of the spectrum from 3400 to 3575 MHz within the relevant area; and
(c)the other licence authorises the operation of a radiocommunications device in the relevant band within the relevant area; and
(d)the level of interference to the first device or the other device exceeds the compatibility requirement set out in the Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2015 as in force from time to time; and
(e)either the person operating the first device or the person operating the other device wishes to resolve the interference; and
(f)the first person and the person operating the other device have not agreed how to manage the interference;
then the person operating the first device must manage the interference by:
(g)either:
(i) operating the first device with a frame structure that uses both uplink-downlink configuration 2 and special subframe configuration 6; or
(ii) operating the first device using a sequence and duration of radio emissions that is consistent with those configurations (disregarding any time at which the device is not making a radio emission); and
(h)synchronising the timing of the frame structure or other sequence of radio emissions of the first device with the timing of the frame structure or other sequence of radio emissions of the other device (disregarding a device at a time at which the device is not making a radio emission).
Note 1: A licensee may act in accordance with subparagraph 5B(1)(g)(ii) by operating a transmitter in a manner that complies with the specification made by 3rd Generation Partnership Project numbered 3GPP TS 38.211 and published at
Note 2: The condition in section 5B only applies when interference occurs and where there is no other measure agreed to between the licensees (or authorised third parties) to resolve the interference. This means synchronisation can be done on a site/cell specific basis. During any period in which two persons are taking steps to resolve the interference issue or synchronise, the ACMA will generally give priority to the device registered first in time in any interference dispute, meaning that device or devices registered later-in-time will generally be required to accept any interference or cease causing interference during this time.
Note 3: See section 6 of the Australian Communications and Media Authority (Radiocommunications Licence Conditions – 3.4 and 3.6 GHz Bands Interference Management) Direction 2018.
(2) In this section:
3GPP TS 36.211 means the document entitled “LTE; Evolved Universal Terrestrial Radio Access (E-UTRA); Physical channels and modulation (3GPP TS 36.211 version 14.6.0 Release 14)” published by the European Telecommunications Standards Institute (ETSI), as it existed at the time the Australian Communications and Media Authority (Radiocommunications Licence Conditions – 3.4 and 3.6 GHz Bands Interference Management) Direction 2018 was made.
PTS transmitter licence means a transmitter licence that is a PTS licence.
relevant area has the meaning given by subsection 4(1) of the Australian Communications and Media Authority (Radiocommunications Licence Conditions – 3.4 and 3.6 GHz Bands Interference Management) Direction 2018, as in force from time to time.
relevant band means the part of the spectrum from 3400 to 3700 MHz.
special subframe configuration 6 means a special subframe configuration, as referred to in clause 4.2 of 3GPP TS 36.211, that is consistent with special subframe configuration 6, as referred to in Table 4.2-1 of 3GPP TS 36.211.
uplink-downlink configuration 2 means an uplink-downlink configuration, as referred to in clause 4.2 of 3GPP TS 36.211, that is consistent with uplink-downlink configuration 2, as referred to in Table 4.2-2 of 3GPP TS 36.211.
Part 3 Conditions for PTS licence (PMTS B)
Conditions
Every PTS licence (PMTS B) is subject to the additional conditions set out in this Part relating to the operation of a land station under the licence by the licensee.
Location of land stations
(1)The licensee must not operate a land station unless:
(a)the location of the station is specified in the licence; or
(b)the licensee notifies the ACMA of the location of the station before the licensee first operates it.
(2)Subsection (1) does not apply in relation to a land station operated under a licence where the station:
(a)has an indoor fixed antenna and a radiated true mean power less than or equal to 24 dBm EIRP/occupied bandwidth; and
(b)uses the receive or transmit frequencies and the emission designator specified in the licence; and
(c)is used only to overcome deficiencies within the coverage area of the base station specified in the licence; and
(d)is not used to extend the coverage area of the base station specified in the licence.
7ALand stations exempt from subsection 7 (1)
A land station that meets the specifications set out in subsection 7 (2) must be operated:
(a)in a manner that does not cause harmful interference to licensed radiocommunications devices; and
(b)on the basis that the licensee cannot claim protection from harmful interference from other licensed radiocommunications devices.
8 Repeater stations
If the licensee operates a repeater station under the licence, the licensee:
(a)must not operate the station if its operation causes harmful interference to a service provided by another station; and
(b)must operate the station to transmit using only the receive or transmit frequencies that are authorised by the licence.
Part 4 Conditions for PTS licence (PMTS C)
Conditions
Every PTS licence (PMTS C) is subject to the additional conditions set out in this Part relating to the operation of any station under the licence by the licensee.
On-ground operation
(1) The licensee may operate a station to which this Part applies while the aircraft is grounded for testing and maintenance purposes.
(2) However:
(a) the licensee must take appropriate steps to ensure that the potential for interference to other services is reduced; and
(b) the licensee must not operate the station if its operation causes harmful interference to a service provided by another station; and
(c) the licensee cannot claim protection from harmful interference.
(3) If the operation of a station under this Part causes harmful interference to another radiocommunications device, the operator must cease transmissions from the station until the interference has been resolved.
Compliance with Civil Aviation Safety Regulations 1998
(1) The licensee must ensure that any radiocommunications device that is:
(a) in an aircraft; and
(b) operated for the purpose of the provision of a public mobile telecommunications service using a station to which this Part applies;
complies with this section.
Imported aircraft
(2) If:
(a) the aircraft was imported into Australia; and
(b) the radiocommunications device was fitted when the aircraft was manufactured;
the aircraft must have been certified by a National Airworthiness Authority (NAA) of a country specified in regulation 21.012 of the Civil Aviation Safety Regulations 1998.
Australian aircraft
(3) If:
(a) the aircraft was manufactured in Australia; and
(b) the radiocommunications device was fitted when the aircraft was manufactured;
the aircraft must have been certified by the Civil Aviation Safety Authority under the Civil Aviation Safety Regulations 1998.
Modified aircraft
(4) If:
(a) the radiocommunications device was not fitted when the aircraft was manufactured; and
(b) the aircraft was modified for the purpose of fitting the radiocommunications device;
the modification of the aircraft must be in accordance with Part 21 of the Civil Aviation Safety Regulations 1998.
Endnotes
Endnote 1 – About the endnotes
The endnotes provide information about this compilation and the compiled law.
Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.
Endnote 3 (Legislation history) 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.
Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made). If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | rep = repealed |
| am = amended | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Radiocommunications Licence Conditions (PTS Licence) Determination 2013 | 8 January 2014 | 9 January 2014 | |
| Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2018 (No.1) | 20 November 2018 | 21 November 2018 |
Endnote 4—Amendment history
| Provision affected | How affected | |
| s 1A.......................................... | Rep LA s 48D | |
| s 1B.......................................... | Rep LA s 48C | |
| s 5B.......................................... | ad. No.1 of 2018 | |
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