Radiocommunications Spectrum Marketing Plan (27 GHz Band) 2000 (Cth)

Case
No judgment structure available for this case.

Radiocommunications Spectrum Marketing Plan (27 GHz Band) 2000

as amended

made under section 39 of the

Radiocommunications Act 1992

This compilation was prepared on 26 October 2005
taking into account amendments up to Radiocommunications Spectrum Marketing Plan (27 GHz Band) Variation 2002 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

Part 1Preliminary

1.1Title [see Note 1]   4

1.2Commencement   4

1.3Purpose   4

1.4Interpretation   4

Part 2Allocation of spectrum licences

2.1Issue of spectrum licences   7

2.2Identification of lots   7

2.3Allocation of lots   7

2.4How licences will be allocated   7

2.5Lot ratings   8

2.6Advertising auction   8

2.7Registration   8

2.8Amount of eligibility payment   8

2.9Entitlement to licence   9

2.10Sample licence   9

2.11Core licence conditions   9

2.12Other licence conditions   9

2.13Determination of core licence conditions   9

2.14Emission limits   10

2.15Agreements about emission limits   10

2.16Duration of licences   10

2.17Registration of licences   10

2.18Trading in licences   10

2.19Spectrum licences that are about to expire   11

2.20Re-issue of spectrum licences   11

Part 3Spectrum usage and compatability

3.1Compatibility requirements   12

Schedule 1Description of areas containing lots for allocation   13

Schedule 2Coordinates of lot areas   14

Schedule 3Band segments   20

Schedule 4Description of lots   21

Schedule 5Sample licence   25

Notes    41

Summary of marketing plan

The Minister for Communications, Information Technology and the Arts has designated the 27 GHz band under section 36 of the Radiocommunications Act 1992 (the Act).  The effect of this designation is that the spectrum in the 27 GHz band is to be allocated by issuing spectrum licences.

A summary of the overall process for the band is as follows:

  • Parts of the 27 GHz band have been divided into lots for sale.  The lots consist of a particular geographic area and bandwidth.  It is intended that these lots will be allocated and become the subject of spectrum licences.

  • Allocation will be by way of a simultaneous multiple round auction (details are in the Allocation Determination).

  • The ACA will advertise details of the auction as soon as practicable after this Plan is published.  Interested parties must register before the closing date to take part in the auction.

  • The successful applicant for a lot will be entitled to have a spectrum licence issued that includes the lot.  Issue will be as soon as practicable after the ACA has received payment of the final bid price for the lot.

  • A spectrum licence will contain core conditions and conditions relating to other aspects of spectrum use (sections 66 – 71 of the Act).  An example of a spectrum licence is attached.

  • The licence will come into force on the day specified in the licence, and will be in force for the period set out in the licence (section 65 of the Act).  This period cannot be longer than 15 years.  The ACA intends that all licences for this band be in force for 15 years.

  • The ACA will publish information on licences that are due to expire during the 2 years before the expiry date (section 78 of the Act).  Current licensees will also receive periodic reminders that their licence is due to expire.

  • Re-allocation of licences will be by way of price based allocation (sections 80 and 81 of the Act).  Only in special circumstances will the ACA re-issue spectrum licences to existing licensees without conducting a price-based re-allocation (section 82 of the Act).

  • Unless exempted transmitters operating within the 27 GHz band must be registered as either an individual transmitter or a group of transmitters.

Part 1                 Preliminary

1.1           Title [see Note 1]

This Plan is called the Radiocommunications Spectrum Marketing Plan (27 GHz Band) 2000.

1.2           Commencement

   This Plan commences on 21 September 2000.

1.3           Purpose

(1)   This Plan sets out procedures for issuing spectrum licences that authorise the operation of radiocommunications devices in the 27 GHz band and the conditions that will be included in those licences.

(2)   This Plan also sets out matters a licensee must take into account in operating devices under a licence.

1.4           Interpretation

(1)   In this Plan:

Act means the Radiocommunications Act 1992.

adjacent channel selectivity means a measure of the ability of the receiver to receive a wanted signal without the output quality exceeding a specified degradation due to the presence of an unwanted adjacent channel signal.

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

(a)    Radiocommunications Advisory Guidelines (Managing Interference from Non-Spectrum-Licensed Transmitters — 27 GHz Band) 2000;

(b)    Radiocommunications Advisory Guidelines (Managing Interference between 27 GHz and 28 GHz Spectrum-Licensed Services) 2000;

(c)    Radiocommunications Advisory Guidelines (Protection of Non-Spectrum-Licensed Receivers — 27 GHz Band) 2000.

Allocation Determination means the Radiocommunications (Spectrum Licence Allocation — 27 Ghz Band) Determination 2000 as in force from time to time.

axis of the main beam, for an antenna, means a line from the phase centre of the antenna through the direction of maximum gain.

blocking means a measure of the ability of a receiver to receive a wanted signal without the output quality exceeding a specified degradation caused by the presence of a high level off-tune signal increasing the non-linearity of the receiver’s front-end.

broadband emissions means emissions that are modulation or intermodulation products caused by transmitted information, broadband noise or emissions caused by switching transients.

cell means a square with a side measured in degrees and, where appropriate, minutes and seconds, by reference to the Australian National Spheroid.

geographic area, for a licence, means the area within which operation of a radiocommunications device is authorised under the licence.

harmful interference means interference that endangers the functioning of a radionavigation service or another safety service or seriously degrades, obstructs, or repeatedly interrupts a radiocommunications service.

in-band, for a transmitter operated under a licence, means the frequencies within a frequency band to which the licence relates.

indoor, for a fixed transmitter, means a transmitter having an antenna with its phase centre located within, and at least 5 metres from the external surface of, an enclosed space.

intermodulation immunity means a measure of the ability of a receiver to receive a wanted signal without the output quality exceeding a specified degradation caused by the presence of 2 or more unwanted signals with a specific amplitude and frequency relationship to the wanted signal frequency.

lot means a part of the spectrum described in section 2.2.

maximum true mean power means the true mean power measured in a 1 MHz 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 1 MHz 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.

narrowband emissions means emissions that are not broadband emissions.

narrow beamwidth receiver

means a receiver using an antenna with a
half-power beamwidth that does not exceed 5 degrees in any plane through the axis of the main beam of the antenna.


narrow beamwidth transmitter means a transmitter using an antenna with a half-power beamwidth that does not exceed 5 degrees in any plane through the axis of the main beam of the antenna.

outdoor, for a fixed transmitter, means a fixed transmitter that is not an indoor fixed transmitter.

peak power means the average power measured within a specified bandwidth during 1 radio frequency cycle at the crest of the signal envelope.

population means the notional population of a lot, fixed by the ACA and set out in column 3 of Schedule 1 opposite the number of the lot.

radiated power, for a radiocommunications device, is specified in units of dBm and means the product of:

(a)    the maximum true mean power, within the frequency band of the licence authorising the operation of the device; and

(b)    the maximum antenna gain relative to an isotropic antenna.

spectrum map grid means the map grid developed by the ACA for Australia, showing cells the sides of which measure 3 degrees of arc, 1 degree of arc or 5 minutes of arc, published by the ACA.

spurious response immunity means a measure of the ability of the receiver to discriminate between the wanted signal at its nominal frequency and an unwanted signal at any frequency at which the receiver responds.

standard trading unit (STU)

means a parcel of spectrum space that consists of a geographic area equal to a cell of the spectrum map grid and a frequency band having lower and upper frequency limits defined by
26.5 + n × 0.05 GHz and 26.5 + (n + 1) × 0.05 GHz respectively, where n is an integer from 0 to 19 (inclusive).


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.

wide beamwidth receiver means any receiver that is not a narrow beamwidth receiver.

wide beamwidth transmitter means any transmitter that is not a narrow beamwidth transmitter.

27 GHz band means the frequency band 26.5 GHz – 27.5 GHz.

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

Note   A number of expressions used in this Plan are defined in the Act, including:

ACA   Licensee
apparatus licence                 public or community service
core condition   spectrum licence.
frequency band




Part 2  Allocation of spectrum licences

2.1           Issue of spectrum licences

(1)   The ACA will issue spectrum licences for the 27 GHz band.

(2) The ACA will issue the licences to the persons to whom the licences are allocated under a price-based allocation system determined under section 60 of the Act.

(3)   No part of the spectrum in the 27 GHz band will be reserved for public or community services.

2.2           Identification of lots

(1)   The ACA has divided into lots the part of the spectrum that has been designated for allocation by the Minister.

(2)   Each lot represents a part of the spectrum that is defined in terms of its geographic area and frequency band.

(3)   The geographic area of a lot is the area described in Schedule 2 for the area number in column 3 of Schedule 4 for the lot.

(4)   The frequency band of a lot in Schedule 4 is the frequencies in the frequency range greater than the frequency in column 6 of an item in Schedule 4 up to and including the frequency in column 7 of the item.

2.3           Allocation of lots

(1)   Lots will be allocated and will then become the subject of spectrum licences.

(2) After the lots have been allocated in accordance with this Plan, the ACA will issue spectrum licences under section 62 of the Act.

2.4How licences will be allocated

(1)   The first allocation will be by simultaneous multiple round auction, in accordance with the procedures set out in the Allocation Determination.

Note   The Determination sets out the procedures for allocating spectrum licences by a simultaneous multiple round auction.

(2)   All of the lots listed in Schedule 1 will be available for auction at the same time.

(3) The ACA may hold further allocations by a means to be determined by the ACA under section 60 of the Act.

(4)   However, the ACA will not hold an auction if:

(a)    the total amount of bandwidth nominated for each area by all applicants for the area is not more than the bandwidth available for the area; and

(b)    the ACA offers each applicant a licence for a bandwidth, in the area nominated by the applicant, at the starting bid price; and

(c)    each applicant accepts the licence offered or withdraws from the allocation process.

Note   In this case, the ACA will allocate the licences for a pre-determined price — see Part 3 of the Allocation Determination.

2.5Lot ratings

(1)   Each lot has a lot rating.

(2)   The lot rating for a lot is the value set out in column 5 of the item in Schedule 4 in which  the lot is mentioned.

(3)   The lot rating is used as the basis for working out the eligibility payment payable by an applicant, and the applicant’s initial eligibility.  Details of these are in sections 2.6 and 2.7 of the Allocation Determination.

2.6Advertising auction

(1)   The ACA will advertise details of the auction as soon as practicable after this Plan is published.

(2)   Details of the advertisement are set out in section 2.2 of the Allocation Determination.

(3)   The ACA will not conduct an auction until at least 30 days after the publication of the advertisement.

2.7Registration

(1)   The advertisement will invite people to apply to register for the auction.

(2)   The ACA will send interested people an Applicant Information Package that contains more detail about registration requirements and the auction process. Details of what is in the Package are in section 2.3 of the Allocation Determination.

(3)   Anyone wishing to take part in the auction must apply to register by the closing date in the advertisement.  Details of how to apply are in sections 2.4 and 2.5 of the Allocation Determination.

2.8Amount of eligibility payment

An applicant for registration must pay an eligibility payment.  The amount of eligibility payment payable is based on the eligibility nominated by the applicant in the Application Form.

Note   To find out how the eligibility payment is worked out see section 2.7 of the Allocation Determination.

2.9Entitlement to licence

A successful applicant for a lot is entitled to be issued a licence for that lot as soon as practicable after the balance of bid price is received by the ACA.

Note   Details of payment requirements are in Part 5 of the Allocation Determination.

2.10Sample licence

Schedule 5 sets out:

(a)    a sample spectrum licence; and

(b)    the conditions that may be included in a spectrum licence that is issued for spectrum in the 27 GHz band.

2.11Core licence conditions

(1) Section 66 of the Act requires a 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 licence.

2.12Other licence conditions

The licence will also include conditions about:

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

(b)    use by third parties (section 68 of the Act); and

(c)    registration of transmitters (section 69 of the Act); and

(d)    other matters that the ACA may include in the licence (section 71 of the Act), for example to comply with ITU requirements.

2.13Determination of core licence conditions

(1)   The core conditions for the geographic area of a licence will apply to the area or the aggregation of areas described in Schedule 2 that cover the lots allocated to the licensee in the allocation under section 60 of the Act.

(2)   The core conditions for frequency bands will apply to the bands that cover the lots allocated to the licensee.

2.14Emission limits

(1)   The emission limits outside the area for all licences are set out in Licence Schedule 2 in Schedule 5.

(2)   The emission limits outside the band for all licences are set out in Licence Schedule 2 in Schedule 5.

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

2.15Agreements about emission limits

A licensee may enter into an agreement for the purpose of:

(a)    core condition 6 of the licence (about emission limits outside the geographic area of the licence); or

(b)    core condition 16 (about emission limits outside the frequency band of the licence); or

(c)    both of those core conditions.

The agreement must be in accordance with the form set out in Schedule 5 to the licence.

2.16Duration of licences

The licences issued under this Plan will be for fixed terms of 15 years.

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

2.17Registration of licences

(1) The ACA will register licences, as required by section 144 of the Act.

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

(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.

Note see section 69 of the Act.

(3)   Transmitters that are part of a group of transmitters may be registered individually or as a group.

(4)   The ACA does not propose to require licensees to register mobile transmitters or fixed indoor transmitters.

2.18Trading in licences

As permitted by Division 5 of Part 3.2 of the Act, a licensee may assign or otherwise deal with the whole or any part of the licence. The ACA has made rules under section 88 of the Act to regulate trading in licences. The rules restrict trading to whole standard trading units.

2.19Spectrum licences that are about to expire

(1) As required by section 78 of the Act, the ACA will publish notices periodically in the Gazette:

(a)    stating where information can be obtained about spectrum licences that are due to expire within the next 2 years; and

(b)    inviting expressions of interest from people who want to have these licences issued to them.

(2)   The information will also be available from any of the ACA’s Area Offices.

(3)   The ACA will also send licensees regular reminders during the last 2 years of the term of their licences that the licences are due to expire.

2.20Re-issue of spectrum licences

(1)   The ACA will re-issue licences, in accordance with Division 4 of Part 3.2 of the Act.

(2) As a general rule, licences will only be re-issued after the lots they cover are offered for re-allocation by auction, tender, or pre-determined or negotiated price. In re-allocating the licences, the ACA will follow the procedures set out in the determinations made under section 60 of the Act that are in force at the time.

(3) However, as set out in section 82 of the Act, the ACA may re-issue a licence to the previous licensee without a price-based allocation if it is in the public interest to do so.

(4)   Spectrum licences that are re-issued are unlikely to take the same form as originally issued as the spectrum lots may be divided and distributed differently. Licensees should not assume that they will be re-issued with their existing licence.

Part 3  Spectrum usage and compatability

3.1Compatibility requirements

(1)   The compatibility requirements for various spectrum-licensed and


non-spectrum-licensed services in the 27 GHz band and in adjacent frequency bands are set out in Advisory Guidelines.  The substance


of these requirements and recommended methods of coordinating radiocommunications services to be operated in spectrum-licensed space are also set out in the Advisory Guidelines.  The Advisory Guidelines provide a means of coordinating services operating under spectrum licences with other services.  Each licensee must ensure that the operation of their service does not cause interference to other services which they are obliged to protect.

(2)   These requirements apply to devices that:

(a)    operate or will operate under a non-spectrum licence;  and

(b)    are outside:

(i)    the frequency bands of spectrum licences; or

(ii)    the geographic areas of spectrum licences; and

(c)    operate inside the frequency bands and geographic areas to be subject to spectrum licences.

The requirements also apply to certain spectrum-licensed devices.

(3)   Changes may occur with further development of satellite services.  The ACA may make further guidelines in the future to reflect advances in technology.

Schedule 1        Description of areas containing lots for allocation

(sections 1.4, 2.4 (2))

Column 1

Column 2

Column 3

Area number Name Notional population
1 Perth 1,197,869
2 Regional WA 481,937
3 Northern Territory 200,871
4 Cairns 252,594
5 Townsville 219,465
6 Rockhampton 241,103
7 Sunshine Coast 337,596
8 Central Queensland 342,273
9 Brisbane 1,349,161
10 Gold Coast 361,854
11 Northern NSW 420,732
12 Regional NSW 591,799
13 Regional SA 346,650
14 Adelaide 1,099,365
15 Regional Victoria 1,102,725
16 Melbourne 3,253,732
17 Newcastle 576,639
18 Sydney 3,455,867
19 Wollongong 369,461
20 South Coast NSW 436,995
21 Tasmania 483,678

Schedule 2        Coordinates of lot areas

(sections, 2.13 (1), 2.2 (3))

Description:  The area of a lot is the area of land described in a table below, 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 intersection of each set of coordinates shown in the table to the point of commencement.

Perth

° ¢ ² East

° ¢ ² South

115 00 0 31 00 0
116 35 0 31 00 0
116 35 0 33 00 0
115 00 0 33 00 0
115 00 0 31 00 0

Regional WA

° ¢ ² East

° ¢ ² South

124 00 0 13 00 0
130 00 0 13 00 0
130 00 0 31 00 0
129 00 0 31 00 0
129 00 0 33 00 0
125 00 0 33 00 0
125 00 0 34 00 0
124 00 0 34 00 0
124 00 0 35 00 0
119 00 0 35 00 0
119 00 0 36 00 0
116 00 0 36 00 0
116 00 0 35 00 0
114 00 0 35 00 0
114 00 0 33 00 0
116 35 0 33 00 0
116 35 0 31 00 0
114 00 0 31 00 0
114 00 0 29 00 0
113 00 0 29 00 0
113 00 0 26 00 0
112 00 0 26 00 0
112 00 0 25 00 0
113 00 0 25 00 0
113 00 0 21 00 0
115 00 0 21 00 0
115 00 0 19 00 0
121 00 0 19 00 0
121 00 0 16 00 0
124 00 0 16 00 0
124 00 0 13 00 0

Northern Territory

° ¢ ² East

° ¢ ² South

132 00 0 10 00 0
139 00 0 10 00 0
139 00 0 25 00 0
132 00 0 10 00 0
130 00 0 25 00 0
130 00 0 11 00 0
132 00 0 11 00 0

Cairns

° ¢ ² East

° ¢ ² South

139 00 0 10 00 0
143 00 0 10 00 0
143 00 0 11 00 0
144 00 0 11 00 0
144 00 0 14 00 0
146 00 0 14 00 0
146 00 0 16 00 0
147 00 0 16 00 0
147 00 0 19 00 0
139 00 0 19 00 0
139 00 0 10 00 0

Townsville

° ¢ ² East

° ¢ ² South

146 00 0 19 00 0
149 00 0 19 00 0
149 00 0 20 00 0
150 00 0 20 00 0
150 00 0 21 00 0
146 00 0 21 00 0
146 00 0 19 00 0

Rockhampton

° ¢ ² East

° ¢ ² South

148 00 0 21 00 0
151 00 0 21 00 0
151 00 0 23 00 0
152 00 0 23 00 0
152 00 0 24 00 0
148 00 0 24 00 0
148 00 0 21 00 0

Sunshine Coast

° ¢ ² East

° ¢ ² South

151 00 0 24 00 0
154 00 0 24 00 0
154 00 0 26 50 0
152 30 0 26 50 0
152 30 0 26 00 0
151 00 0 26 00 0
151 00 0 24 00 0

Central Queensland

° ¢ ² East

° ¢ ² South

139 00 0 19 00 0
146 00 0 19 00 0
146 00 0 21 00 0
148 00 0 21 00 0
148 00 0 24 00 0
151 00 0 24 00 0
151 00 0 26 00 0
152 30 0 26 00 0
152 30 0 28 20 0
152 05 0 28 20 0
152 05 0 29 00 0
149 00 0 29 00 0
149 00 0 28 00 0
139 00 0 28 00 0
139 00 0 19 00 0

Brisbane

° ¢ ² East

° ¢ ² South

152 30 0 26 50 0
154 00 0 26 50 0
154 00 0 27 45 0
152 30 0 27 45 0
152 30 0 26 50 0

Gold Coast

° ¢ ² East

° ¢ ² South

152 30 0 27 45 0
154 00 0 27 45 0
154 00 0 28 20 0
152 30 0 28 20 0
152 30 0 27 45 0

Northern NSW

° ¢ ² East

° ¢ ² South

152 05 0 28 20 0
154 00 0 28 20 0
154 00 0 32 00 0
153 00 0 32 00 0
153 00 0 31 50 0
151 00 0 31 50 0
151 00 0 29 00 0
152 05 0 29 00 0
152 05 0 28 20 0

Regional NSW

° ¢ ² East

° ¢ ² South

142 00 0 28 00 0
149 00 0 28 00 0
149 00 0 29 00 0
151 00 0 29 00 0
151 00 0 31 50 0
150 10 0 31 50 0
150 10 0 34 05 0
149 55 0 34 05 0
149 55 0 35 00 0
148 15 0 35 00 0
148 15 0 35 20 0
146 00 0 35 20 0
146 00 0 35 00 0
143 00 0 35 00 0
143 00 0 34 00 0
142 00 0 34 00 0
142 00 0 28 00 0

Regional SA

° ¢ ² East

° ¢ ² South

130 00 0 25 00 0
139 00 0 25 00 0
139 00 0 28 00 0
142 00 0 28 00 0
142 00 0 34 00 0
141 00 0 34 00 0
141 00 0 39 00 0
140 00 0 39 00 0
140 00 0 38 00 0
139 00 0 38 00 0
139 00 0 34 25 0
138 00 0 34 25 0
138 00 0 37 00 0
136 00 0 37 00 0
136 00 0 36 00 0
135 00 0 36 00 0
135 00 0 34 00 0
134 00 0 34 00 0
134 00 0 33 00 0
132 00 0 33 00 0
132 00 0 32 00 0
129 00 0 32 00 0
129 00 0 31 00 0
130 00 0 31 00 0
130 00 0 25 00 0

Adelaide

° ¢ ² East

° ¢ ² South

138 00 0 34 25 0
139 00 0 34 25 0
139 00 0 37 00 0
138 00 0 37 00 0
138 00 0 34 25 0

Regional Victoria

° ¢ ² East

° ¢ ² South

141 00 0 34 00 0
143 00 0 34 00 0
143 00 0 35 00 0
146 00 0 35 00 0
146 00 0 35 20 0
148 15 0 35 20 0
148 15 0 36 50 0
148 25 0 36 50 0
148 25 0 36 55 0
148 40 0 36 55 0
148 40 0 37 00 0
148 45 0 37 00 0
148 45 0 37 05 0
148 55 0 37 05 0
148 55 0 37 10 0
149 20 0 37 10 0
149 20 0 37 15 0
149 30 0 37 15 0
149 30 0 37 20 0
149 45 0 37 20 0
149 45 0 37 25 0
150 00 0 37 25 0
150 00 0 38 00 0
149 00 0 38 00 0
149 00 0 40 00 0
146 00 0 40 00 0
146 00 0 39 00 0
145 40 0 39 00 0
145 40 0 36 55 0
144 35 0 36 55 0
144 35 0 37 45 0
144 00 0 37 45 0
144 00 0 39 00 0
141 00 0 39 00 0
141 00 0 34 00 0

Melbourne

° ¢ ² East

° ¢ ² South

144 35 0 36 55 0
145 40 0 36 55 0
145 40 0 39 00 0
144 00 0 39 00 0
144 00 0 37 45 0
144 35 0 37 45 0
144 35 0 36 55 0

Newcastle

° ¢ ² East

° ¢ ² South

150 10 0 31 50 0
153 00 0 31 50 0
153 00 0 33 00 0
152 00 0 33 00 0
152 00 0 33 15 0
150 10 0 33 15 0
150 10 0 31 50 0

Sydney

° ¢ ² East

° ¢ ² South

150 10 0 33 15 0
152 00 0 33 15 0
152 00 0 34 05 0
150 10 0 34 05 0
150 10 0 33 15 0

Wollongong

° ¢ ² East

° ¢ ² South

149 55 0 34 05 0
152 00 0 34 05 0
152 00 0 35 00 0
149 55 0 35 00 0
149 55 0 34 05 0

South Coast NSW

° ¢ ² East

° ¢ ² South

148 15 0 35 00 0
151 00 0 35 00 0
151 00 0 38 00 0
150 00 0 38 00 0
150 00 0 37 25 0
149 45 0 37 25 0
149 45 0 37 20 0
149 30 0 37 20 0
149 30 0 37 15 0
149 20 0 37 15 0
149 20 0 37 10 0
148 55 0 37 10 0
148 55 0 37 05 0
148 45 0 37 05 0
148 45 0 37 00 0
148 40 0 37 00 0
148 40 0 36 55 0
148 25 0 36 55 0
148 25 0 36 50 0
148 15 0 36 50 0
148 15 0 35 00 0

Tasmania

° ¢ ² East

° ¢ ² South

143 00 0 39 00 0
146 00 0 39 00 0
146 00 0 40 00 0
149 00 0 40 00 0
149 00 0 44 00 0
145 00 0 44 00 0
145 00 0 42 00 0
144 00 0 42 00 0
144 00 0 41 00 0
143 00 0 41 00 0
143 00 0 39 00 0

Schedule 3          Band segments

(sections 1.4, 2.13 (2))

A frequency band in this Schedule comprises the frequencies in GHz in the frequency range greater than the frequency set out in column 2 of the item up to and including the frequency set out in column 3 of the item.

Column 1

Column 2

Column 3

Column 4

Band Lower limit Upper limit Bandwidth
A 26.5 26.75 0.25
B 26.75 26.85 0.1
C 26.85 27 0.15
D 27 27.25 0.25
E 27.25 27.35 0.1
F 27.35 27.5 0.15

Schedule 4        Description of lots

(sections 1.4, 2.2, 2.4, 2.5)

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Column 8

Lot number

Name

Area

Band

Lot rating

Lower limit

Upper limit

Bandwidth

1 Perth-A 1 A 3750 26.5 26.75 0.25
2 Perth-B 1 B 1500 26.75 26.85 0.1
3 Perth-C 1 C 2250 26.85 27 0.15
4 Perth-D 1 D 3750 27 27.25 0.25
5 Perth-E 1 E 1500 27.25 27.35 0.1
6 Perth-F 1 F 2250 27.35 27.5 0.15
7 Regional WA-A 2 A 250 26.5 26.75 0.25
8 Regional WA-B 2 B 100 26.75 26.85 0.1
9 Regional WA-C 2 C 150 26.85 27 0.15
10 Regional WA-D 2 D 250 27 27.25 0.25
11 Regional WA-E 2 E 100 27.25 27.35 0.1
12 Regional WA-F 2 F 150 27.35 27.5 0.15
13 Northern Territory-A 3 A 250 26.5 26.75 0.25
14 Northern Territory-B 3 B 100 26.75 26.85 0.1
15 Northern Territory-C 3 C 150 26.85 27 0.15
16 Northern Territory-D 3 D 250 27 27.25 0.25
17 Northern Territory-E 3 E 100 27.25 27.35 0.1
18 Northern Territory-F 3 F 150 27.35 27.5 0.15
19 Cairns-A 4 A 250 26.5 26.75 0.25
20 Cairns-B 4 B 100 26.75 26.85 0.1
21 Cairns-C 4 C 150 26.85 27 0.15
22 Cairns-D 4 D 250 27 27.25 0.25
23 Cairns-E 4 E 100 27.25 27.35 0.1
24 Cairns-F 4 F 150 27.35 27.5 0.15
25 Townsville-A 5 A 250 26.5 26.75 0.25
26 Townsville-B 5 B 100 26.75 26.85 0.1
27 Townsville-C 5 C 150 26.85 27 0.15
28 Townsville-D 5 D 250 27 27.25 0.25
29 Townsville-E 5 E 100 27.25 27.35 0.1
30 Townsville-F 5 F 150 27.35 27.5 0.15
31 Rockhampton-A 6 A 250 26.5 26.75 0.25
32 Rockhampton-B 6 B 100 26.75 26.85 0.1
33 Rockhampton-C 6 C 150 26.85 27 0.15
34 Rockhampton-D 6 D 250 27 27.25 0.25
35 Rockhampton-E 6 E 100 27.25 27.35 0.1
36 Rockhampton-F 6 F 150 27.35 27.5 0.15
37 Sunshine Coast-A 7 A 250 26.5 26.75 0.25
38 Sunshine Coast-B 7 B 100 26.75 26.85 0.1
39 Sunshine Coast-C 7 C 150 26.85 27 0.15
40 Sunshine Coast-D 7 D 250 27 27.25 0.25
41 Sunshine Coast-E 7 E 100 27.25 27.35 0.1
42 Sunshine Coast-F 7 F 150 27.35 27.5 0.15
43 Central Queensland-A 8 A 250 26.5 26.75 0.25
44 Central Queensland-B 8 B 100 26.75 26.85 0.1
45 Central Queensland-C 8 C 150 26.85 27 0.15
46 Central Queensland-D 8 D 250 27 27.25 0.25
47 Central Queensland-E 8 E 100 27.25 27.35 0.1
48 Central Queensland-F 8 F 150 27.35 27.5 0.15
49 Brisbane-A 9 A 5000 26.5 26.75 0.25
50 Brisbane-B 9 B 2000 26.75 26.85 0.1
51 Brisbane-C 9 C 3000 26.85 27 0.15
52 Brisbane-D 9 D 5000 27 27.25 0.25
53 Brisbane-E 9 E 2000 27.25 27.35 0.1
54 Brisbane-F 9 F 3000 27.35 27.5 0.15
55 Gold Coast-A 10 A 1250 26.5 26.75 0.25
56 Gold Coast-B 10 B 500 26.75 26.85 0.1
57 Gold Coast-C 10 C 750 26.85 27 0.15
58 Gold Coast-D 10 D 1250 27 27.25 0.25
59 Gold Coast-E 10 E 500 27.25 27.35 0.1
60 Gold Coast-F 10 F 750 27.35 27.5 0.15
61 Northern NSW-A 11 A 250 26.5 26.75 0.25
62 Northern NSW-B 11 B 100 26.75 26.85 0.1
63 Northern NSW-C 11 C 150 26.85 27 0.15
64 Northern NSW-D 11 D 250 27 27.25 0.25
65 Northern NSW-E 11 E 100 27.25 27.35 0.1
66 Northern NSW-F 11 F 150 27.35 27.5 0.15
67 Regional NSW-A 12 A 250 26.5 26.75 0.25
68 Regional NSW-B 12 B 100 26.75 26.85 0.1
69 Regional NSW-C 12 C 150 26.85 27 0.15
70 Regional NSW-D 12 D 250 27 27.25 0.25
71 Regional NSW-E 12 E 100 27.25 27.35 0.1
72 Regional NSW-F 12 F 150 27.35 27.5 0.15
73 Regional SA-A 13 A 250 26.5 26.75 0.25
74 Regional SA-B 13 B 100 26.75 26.85 0.1
75 Regional SA-C 13 C 150 26.85 27 0.15
76 Regional SA-D 13 D 250 27 27.25 0.25
77 Regional SA-E 13 E 100 27.25 27.35 0.1
78 Regional SA-F 13 F 150 27.35 27.5 0.15
79 Adelaide-A 14 A 3750 26.5 26.75 0.25
80 Adelaide-B 14 B 1500 26.75 26.85 0.1
81 Adelaide-C 14 C 2250 26.85 27 0.15
82 Adelaide-D 14 D 3750 27 27.25 0.25
83 Adelaide-E 14 E 1500 27.25 27.35 0.1
84 Adelaide-F 14 F 2250 27.35 27.5 0.15
85 Regional Victoria-A 15 A 250 26.5 26.75 0.25
86 Regional Victoria-B 15 B 100 26.75 26.85 0.1
87 Regional Victoria-C 15 C 150 26.85 27 0.15
88 Regional Victoria-D 15 D 250 27 27.25 0.25
89 Regional Victoria-E 15 E 100 27.25 27.35 0.1
90 Regional Victoria-F 15 F 150 27.35 27.5 0.15
91 Melbourne-A 16 A 15000 26.5 26.75 0.25
92 Melbourne-B 16 B 6000 26.75 26.85 0.1
93 Melbourne-C 16 C 9000 26.85 27 0.15
94 Melbourne-D 16 D 15000 27 27.25 0.25
95 Melbourne-E 16 E 6000 27.25 27.35 0.1
96 Melbourne-F 16 F 9000 27.35 27.5 0.15
97 Newcastle-A 17 A 1250 26.5 26.75 0.25
98 Newcastle-B 17 B 500 26.75 26.85 0.1
99 Newcastle-C 17 C 750 26.85 27 0.15
100 Newcastle-D 17 D 1250 27 27.25 0.25
101 Newcastle-E 17 E 500 27.25 27.35 0.1
102 Newcastle-F 17 F 750 27.35 27.5 0.15
103 Sydney-A 18 A 25000 26.5 26.75 0.25
104 Sydney-B 18 B 10000 26.75 26.85 0.1
105 Sydney-C 18 C 15000 26.85 27 0.15
106 Sydney-D 18 D 25000 27 27.25 0.25
107 Sydney-E 18 E 10000 27.25 27.35 0.1
108 Sydney-F 18 F 15000 27.35 27.5 0.15
109 Wollongong-A 19 A 1250 26.5 26.75 0.25
110 Wollongong-B 19 B 500 26.75 26.85 0.1
111 Wollongong-C 19 C 750 26.85 27 0.15
112 Wollongong-D 19 D 1250 27 27.25 0.25
113 Wollongong-E 19 E 500 27.25 27.35 0.1
114 Wollongong-F 19 F 750 27.35 27.5 0.15
115 South Coast NSW-A 20 A 1250 26.5 26.75 0.25
116 South Coast NSW-B 20 B 500 26.75 26.85 0.1
117 South Coast NSW-C 20 C 750 26.85 27 0.15
118 South Coast NSW-D 20 D 1250 27 27.25 0.25
119 South Coast NSW-E 20 E 500 27.25 27.35 0.1
120 South Coast NSW-F 20 F 750 27.35 27.5 0.15
121 Tasmania-A 21 A 250 26.5 26.75 0.25
122 Tasmania-B 21 B 100 26.75 26.85 0.1
123 Tasmania-C 21 C 150 26.85 27 0.15
124 Tasmania-D 21 D 250 27 27.25 0.25
125 Tasmania-E 21 E 100 27.25 27.35 0.1
126 Tasmania-F 21 F 150 27.35 27.5 0.15

Schedule 5        Sample licence

(section 2.10)

This Schedule sets out a sample spectrum licence, and the conditions that may be included in a spectrum licence, issued in the 27 GHz band.

COMMONWEALTH OF AUSTRALIA

AUSTRALIAN COMMUNICATIONS AUTHORITY

Radiocommunications Act 1992

Sample Spectrum Licence

This licence is issued under Part 3.2 of the Radiocommunications Act 1992 (‘the Act’) by the person named at Item 8 of Schedule 1 of this licence.

1. The person named at Item 1 of 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 Schedule 2; and

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

(d)    the core conditions specifying periods of operation, and the other conditions, if any, included in this licence by the ACA and set out in Schedule 4.

2.              This licence comes into force on the date shown at Item 4 of Schedule 1 and remains in force until the end of the day shown at Item 5 of 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 Marketing Plan (27 GHz Band) 2000.

Name of Licensee:

Client Number:

Band Release:

Licence Number:

LICENCE SCHEDULE 1

LICENCE AND TECHNICAL DETAILS

Part 1 — Licence Details

Item Licensee Details
1

Name of Licensee

Address of Licensee

2 Client Number
3 Band Release
Item Licence Details
4 Date of Licence Effect
5 Date of Licence Expiry
6 Licence Number
7 Date of Licence Issue
8 Issuing Officer

Part 2 — Technical Details

Note   The technical details in items 11 – 49 are the same for all licences

Item Core Condition — Frequency Band of Licence
9 Upper limit of frequency band
10 Lower limit of frequency band
Item Core Condition — Emission Limits Outside the Area
11 Radiated Power limit for core condition 4 (a) 79 dBm/MHz
12 Radiated Power limit for core condition 4 (b) 65 dBm/MHz
Item Core Condition — Emission Limits Outside the Band
Broadband Emissions from Wide Beamwidth Transmitters
13 Range of offsets for core condition 9 (a) 0 MHz to 50 MHz
14 Maximum true mean power for core condition 9 (a) -22 dBm/MHz
15 Range of offsets for core condition 9 (b) Greater than 50 MHz
16 Maximum true mean power for core condition 9 (b) -36 dBm/MHz
17 Range of offsets for core condition 9 (c) 49 to 50 MHz
18 Peak power for core condition 9 (c) -22 dBm/MHz
Item Core Condition — Emission Limits Outside the Band
Broadband Emissions from Narrow Beamwidth Transmitters
19 Range of offsets for core condition 10 (a) 0 MHz to 50 MHz
20 Maximum true mean power for core condition 10 (a) -1 dBm/MHz
21 Range of offsets for core condition 10 (b) Greater than 50 MHz
22 Maximum true mean power for core condition 10 (b) -15 dBm/MHz
23 Range of offsets for core condition 6 (c)) 49 to 50 MHz
24 Peak power for core condition 6 (c) -1 dBm/MHz
Item Core Condition — Emission Limits Outside the Band
Narrowband Emissions from Wide Beamwidth Transmitters
25 Mean power for core condition 11 (a) -36 dBm/100 kHz
26 Band for condition 11 (a) 9 kHz to 1 GHz
27 Mean power for core condition 11 (b) -30 dBm/MHz
28 Band for condition 11 (b) 1 GHz to 18 GHz
29 Mean power for core condition 11 (c) -7 dBm/MHz
30 Band for condition 11 (c) 18 GHz to 37 GHz
Item Core Condition — Emission Limits Outside the Band
Narrowband Emissions from Narrow Beamwidth Transmitters
31 Mean power for core condition 12 (a) -36 dBm/100 kHz
32 Band for condition 12 (a) 9 kHz to 1 GHz
33 Mean power for core condition 12 (b) -30 dBm/MHz
34 Band for core condition 12 (b) 1 GHz to 18 GHz
35 Mean power for core condition 12 (c) 14 dBm/MHz
36 Band for core condition 12 (c) 18 GHz to 37 GHz
Item Core Condition — Emission Limits Outside the Band
Emissions from Wide Beamwidth Receivers
37 Mean power for core condition 13 (a) -57 dBm/100 kHz
38 Band for condition 13 (a) 9 kHz to 1 GHz
39 Mean power for core condition 13 (b) -47 dBm/MHz
40 Band for core condition 13 (b) 1 GHz to 18 GHz
41 Mean power for core condition 13 (c) -17 dBm/MHz
42 Band for core condition 13 (c) 18 GHz to 37 GHz
Item Core Condition — Emission Limits Outside the Band
Emissions from Narrow Beamwidth Receivers
43 Mean power for core condition 14 (a) -57 dBm/100 kHz
44 Band for condition 14 (a) 9 kHz to 1 GHz
45 Mean power for core condition 14 (b) -47 dBm/MHz
46 Band for core condition 14 (b) 1 GHz to 18 GHz
47 Mean power for core condition 14 (c) 4 dBm/MHz
48 Band for core condition 14 (c) 18 GHz to 37 GHz
Item Device Registration
49 Section 145 Determination for registration of transmitters Radiocommunications (Unacceptable Levels of Interference — 27 GHz Band) Determination 2000

Part 3 — Geographic Area

Core condition — geographic area of licence

For core condition 2, the area or aggregate of areas within which operation of radiocommunications devices is authorised by this licence is that area of land described by the aggregation of rectangular areas with a North to South (Latitude) and East to West (Longitude) orientation, each having a South West corner that is represented by a geographic coordinate set out in column 1 in the table below, and having a North East corner that is represented by a geographic coordinate set out in column 2 opposite to the coordinate set out in column 1.

Column 1   Column 2

° ¢ ² South            ° ¢ ² West° ¢ ² North             ° ¢ ² East

LICENCE SCHEDULE 2

CORE CONDITIONS

Frequency band

1.              This licence authorises the operation of radiocommunications devices in the frequency band that consists of the contiguous range of frequencies between the upper and lower frequency limits set out in Items 9 and 10 of Part 2 of Schedule 1, respectively.

Geographic area

2.              This licence authorises the operation of radiocommunications devices in the geographic area set out at Part 3 of Schedule 1.

Emission limits outside the area

3.              Core condition 4 applies in those geographic areas:

(a)    that are outside the geographic areas set out at Part 3 of Schedule 1; and

(b)    for which there is no agreement for the purposes of core condition 6 in force; and

(c)    for which the licensee does not hold another spectrum licence in the 27 GHz band.

4.              The emission limits in a geographic area to which this condition applies are:

(a)    for a narrow beamwidth transmitter — the radiated power set out in item 11 of Part 2 of Schedule1; and

(b)    for a wide beamwidth transmitter — the radiated power set out in item 12 of Part 2 of Schedule 1.

5.              Core condition 6 applies in those geographic areas that are outside the geographic areas set out at Part 3 of Schedule 1 and:

(a)    for which there is an agreement in force for the purposes of that core condition; or

(b)    for which the licensee holds another spectrum licence in the 27 GHz band.

6.              The emission limits in a geographic area to which this condition applies are the level that does not cause the emission limits in core condition 4 4 to be exceeded in any geographic area:

(a)    for which there is no agreement for the purposes of this core condition in force; and

(b)    for which the licensee does not hold another spectrum licence in the 27 GHz band.

Emission limits outside the band

7.              Core conditions 8–14 (inclusive) applies in those parts of the radio spectrum:

(a)    for which there is no agreement for the purposes of clause 16 in force; and

(b)    for which the licensee does not hold another spectrum licence in the 27 GHz band.

8.              The following maximum permitted levels of emission apply outside the frequency band of the licence except where:

(a)    a written agreement exists, between the licensee and all the affected licensees of frequency-adjacent spectrum licences, setting out increased maximum permitted levels; and

(b)    if non-spectrum-licensed space is affected, the licensee provides written agreement to increase maximum permitted levels to the ACA and the ACA has varied the relevant licence conditions.

Broadband emissions from wide beamwidth transmitters

9.              For radio emission that is broadband emission from wide beamwidth transmitters at frequencies outside the frequency band of the licence, the emission limits outside the band are:

(a)    for frequency bands only containing frequencies that are removed from the upper and lower frequency limits of the frequency band of the licence by offsets within the range set out at item 13 of Part 2 of Schedule 1 — the radiated maximum true mean power set out at Item 14 of Part 2 of Schedule 1 of this licence; and

(b)    for frequency bands only containing frequencies that are removed from the upper and lower frequency limits of the licence by offsets within the range set out at item 15 of Part 2 of Schedule 1 — the radiated maximum true mean power set out at Item 16 of Part 2 of Schedule 1; and

(c)    for frequency bands only containing frequencies that are removed from the lower and upper frequency limits of the licence by offsets within the range set out at item 17 of Part 2 of Schedule 1 of this licence — the radiated peak power set out at item 18 of Part 2 of Schedule 1.

Broadband emissions from narrow beamwidth transmitters

10.            For radio emission that is broadband emission from narrow beamwidth transmitters at frequencies outside the frequency band of the licence, the emission limits outside the band are:

(a)    for frequency bands only containing frequencies that are removed from the upper and lower frequency limits of the frequency band of the licence by offsets within the range set out at item 19 of Part 2 of Schedule 1 — the radiated maximum true mean power set out at Item 20 of Part 2 of Schedule 1 of this licence; and

(b)    for frequency bands only containing frequencies that are removed from the upper and lower frequency limits of the licence by offsets within the range set out at item 21 of Part 2 of Schedule 1 — the radiated maximum true mean power set out at Item 22 of Part 2 of Schedule 1; and

(c)    for frequency bands only containing frequencies that are removed from the lower and upper frequency limits of the licence by offsets within the range set out at item 23 of Part 2 of Schedule 1 of this licence — the radiated peak power set out at item 24 of Part 2 of Schedule 1.

Narrowband emissions from wide beamwidth transmitters

11.            For radio emission that is narrowband emission from wide beamwidth transmitters at frequencies outside the frequency band of the licence, the emission limits outside the band are:

(a)    a radiated mean power set out at item 25 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 26 of Part 2 of Schedule 1; and

(b)    a radiated mean power set out at item 27 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 28 of Part 2 of Schedule 1; and

(c)    a radiated mean power set out at item 29 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 30 of Part 2 of Schedule 1.

Narrowband emissions from narrow beamwidth transmitters

12.            For radio emission that is narrowband emission from narrow beamwidth transmitters at frequencies outside the frequency band of the licence, the emission limits outside the band are:

(a)    a radiated mean power set out at item 31 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 32 of Part 2 of Schedule 1; and

(b    a radiated mean power set out at item 33 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 34 of Part 2 of Schedule 1; and

(c)    a radiated mean power set out at item 35 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 36 of Part 2 of Schedule 1.

Emissions from wide beamwidth receivers

13.            For radio emission from wide beamwidth receivers, the emission limits outside the band are:

(a)    a radiated mean power set out at item 37 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 38 of Part 2 of Schedule 1; and

(b)    a radiated mean power set out at item 39 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 40 of Part 2 of Schedule 1; and

(c)    a radiated mean power set out at item 41 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 42 of Part 2 of Schedule 1.

Emissions from narrow beamwidth receivers

14.            For radio emission from narrow beamwidth receivers, the emission limits outside the band are:

(a)    a radiated mean power set out at item 43 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 44 of Part 2 of Schedule 1; and

(b)    a radiated mean power set out at item 45 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 46 of Part 2 of Schedule 1; and

(c)    a radiated mean power set out at item 47 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 48 of Part 2 of Schedule 1.

15.            Core condition 16 applies in that part of the spectrum:

(a)    for which there is an agreement in force for the purposes of that core condition; or

(b)    for which the licensee holds another spectrum licence in the 27 GHz band.

16.            The emission limits outside the band are the level that does not cause the core condition limits to be exceeded in any part of the spectrum:

(a)    for which there is no agreement in force for the purposes of that core condition; or

(b)    for which the licensee does not hold another spectrum licence in the 27 GHz band.

LICENCE SCHEDULE 3

STATUTORY CONDITIONS

Liability to pay charges

1. The licensee must meet all obligations to pay charges fixed by determinations made under section 294 of the Act and subsection 53 (1) of the Australian Communications Authority Act 1997.

Third party use

2. (1) 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 (which deals with third party use).

(2) Each operation of a radiocommunications device under the licence by a person other than the licensee must comply with rules made by the ACA under subsection 68 (3) of the Act.

Transmitter registration requirements

3.             The licensee must not operate a transmitter under this licence unless:

(a)    the transmitter has been exempted from the registration requirements under clause 4, or:

(b)    both:

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

(ii)    the transmitter complies with the details about it that have been entered in the register.

Exemption from registration requirements

4.             The following kinds of transmitters do not have to be registered:

(a)   a mobile transmitter; or

(b)   an indoor fixed transmitter; or

(c)   a receiver that is also a transmitter because it radiates narrowband emission.

Note 1   The Radiocommunications (Unacceptable Levels of Interference — 27 GHz Band) Determination2000 sets out the unacceptable levels of interference for the purpose of registering transmitters to be operated under this licence, and is to be used for the issue of certificates by accredited persons under subsection 145 (3) of the Act.

Note 2   Although not mandatory, the registration of receivers is advised because one of the matters the ACA will take into account in settling interference is the time of registration of the receiver involved in the interference.

Residency etc

5.      (a)   At all times when the licensee derives income, profits or gains from operating radiocommunications devices under this licence or from authorising others to do so:

·the licensee must be an Australian resident; or

·the income, profits or gains must be attributable to a permanent establishment in Australia through which the licensee carries on business.

(b)   At all times when an authorised person derives income, profits or gains from allowing third parties to operate radiocommunications devices under the licence, either:

·the authorised person must be an Australian resident; or

·the income, profits or gains must be attributable to a permanent establishment in Australia through which the authorised person carries on business.

(c)   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 Radiocommunications Act 1992 by the licensee to operate radiocommunications devices under this licence.

permanent establishment has the same meaning as in:

·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

·in any other case — the Income Tax Assessment Act 1997.

LICENCE SCHEDULE 4

CONDITIONS INCLUDED BY THE ACA

Protection limits for satellite services

1.              The true mean power into the antenna of a transmitter operated under this licence must not exceed 40 dBm.

2.             The radiated true mean power of a transmitter operated under this licence must not exceed 85 dBm.

3.              A narrow beamwidth transmitter operated under this licence must not radiate a maximum true mean power above the horizontal plane exceeding:

(a)    54 dBm/MHz in the direction of the Geostationary Orbit (GSO) locations specified in Table 1, except as set out in clause 4; and

(b)    63 dBm/MHz in the direction of all other GSO locations.

Table 1

Geostationary orbit locations

16.4 o E, 21.5 o E, 47 o E, 59 o E, 85o E, 90o E, 95o E, 113o E, 121o E, 160 o E,
177.5 o E, 174 o W, 171 o W, 170 o W, 160 o  W, 139 o  W, 62 o W, 49 o W, 46 o W,
44 o W, 41 o W, 32 o W, 16 o W

Note   These are the GSO locations identified in ITU-R SA.Doc.7/97 and ITU-R SA.1276 as referred to in Recommendation ITU-R F.1249 (1997) and Recommendation ITU-R F.1509 (2001).  Copies are available from the ACA.

4.              When precipitation attenuation is experienced between the transmitter and the intended receiver, the transmitter may increase its power by an amount not exceeding the precipitation attenuation up to a maximum of 63 dBm/MHz.

Note 1   These emission limits have been included to reflect the protection requirements in Recommendation ITU-R F.1249 (1997).  The ACA may authorise maximum true mean powers greater than these limits on a case by case basis if the licensee shows that the recommendations of ITU-R F.1249 (1997) have been met.  However, the ACA will not authorise an increase in maximum true mean power if this might cause interference to other radiocommunications services.

Note 2   Copies of ITU-R F 1249 (1997) are available from the ACA.

5.             A wide beamwidth transmitter operated under this licence must not radiate a maximum true mean power at angles above the horizontal plane:

(a)    in the direction of the GSO locations specified in Table 1:

(i)    in the case of non-Time Division Duplex equipment:

(A)     at angles less than or equal to 20°, exceeding 38 dBm/MHz; and

(B)     at angles greater than 20° and less than or equal to 90°, exceeding 44 – 10 log(angle/5) dBm/MHz; and

(ii)    in the case of Time Division Duplex equipment:

(A)     at angles less than or equal to 20o, exceeding 38 dBm/MHz plus a relaxation factor that is the lesser of 3 dB and 7 log(1/δ) dB, where δ is the proportion of time between 0 and 1 in which the transmitter radiates; and

(B)     at angles greater than 20° and less than or equal to 90°, exceeding 44 – 10 log(angle/5) plus a relaxation factor that is the lesser of 3 dB and 7 log(1/δ) dB, where δ is the proportion of time between 0 and 1 in which the transmitter radiates; and

(b)    in any other direction:

(i)    at angles less than or equal to 5o, exceeding 44 dBm/MHz; and

(ii)    at angles greater than 5° and less than or equal to 90°, exceeding 44 – 10 log(angle/5) dBm/MHz;

except when precipitation attenuation is experienced between the transmitter and the intended receiver.  In this case, the transmitter may increase its power by an amount not exceeding the precipitation attenuation up to a maximum of 47 dBm/MHz.

Note 1   These emission limits have been included to reflect the requirements of ITU-R F.1509.  The ACA may authorise maximum true mean powers greater than these limits on a case by case basis if the licensee shows that the recommendations of ITU-R F.1509  have been met.

Note 2   The ACA will not authorise any increase in maximum true mean power if this might cause interference to other radiocommunications services.

Interference management

6.              In this licence:

manage interference includes:

(a)    investigating the possible causes of the interference; and

(b)    taking all steps reasonably necessary to resolve disputes about interference where more than 1 person is involved; and

(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

7.             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

8.             If:

(a)    interference occurs between a radiocommunications device operated under this licence and a radiocommunications device operated under any other spectrum licence or any other licence that is located within 200 metres of the first device and measured with respect to the location of the phase centre of the antenna used with each device; 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 take reasonable steps to negotiate arrangements reasonably likely to reduce the interference to acceptable levels 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

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

International coordination

10.            If operation of a transmitter under this licence causes harmful interference to a receiver that operates in accordance with International Telecommunication Union Radio Regulations and is located in a country other than Australia, the transmission must cease.

Agreements for purpose of core conditions

11.            A licensee may enter into an agreement for the purpose of:

(a)    core condition 6 (about emission limits outside the geographic area of this licence); or

(b)    core condition 16 (about emission limits outside the frequency band of this licence); or

(c)    both of those core conditions.

The agreement must be in accordance with the form set out in Schedule 5 to this Licence.

LICENCE SCHEDULE 5

FORM OF AGREEMENT FOR CORE CONDITIONS

AGREEMENT made [insert date]

BETWEEN  A  [insert name of party]  and  B  [insert name of party].

1.         BACKGROUND

A holds spectrum licence [details of A’s licence].

B holds spectrum licence [details of B’s licence].

2.         B agrees with A for [core condition 6 or core condition 16 or core conditions 6 and 16] of A’s licence in relation to B’s licence.

3.         B may terminate this agreement at will by notice in writing given to A.

SIGNED on behalf of A:

SIGNED on behalf of B:

LICENCE NOTES

Variation to licence conditions

1. The ACA may, with the written agreement of the licensee, vary this licence by including 1 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 ACA may, by written notice given to the licensee, vary a licence by including 1 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 ACA has issued written Advisory Guidelines under section 262 of the Act about:

(a)    co-ordinating the operation of transmitters under this licence with


non-27 GHz-spectrum-licensed receivers:

·   Radiocommunications Advisory Guidelines (Protection of Non-Spectrum-Licensed Receivers — 27 GHz Band) 2000; and

(b)    co-ordinating the operation of non-27 GHz-spectrum-licensed transmitters with receivers operated under 27 GHz-spectrum licences:

·   Radiocommunications Advisory Guidelines (Managing Interference from Non-Spectrum-Licensed Transmitters — 27 GHz Band) 2000; and

(c)    co-ordinating the operation of transmitters and receivers operated under this licence with transmitters and receivers operated under spectrum licences in the 28 GHz band:

·   Radiocommunications Advisory Guidelines (Managing Interference between 27 GHz and 28 GHz Spectrum-Licensed Services) 2000.

Changes are expected with the further development of satellite services.  The ACA may make further guidelines in the future to reflect advances in technology.

4.              The guidelines should be read in conjunction with the Radiocommunications (Unacceptable Levels of Interference — 27 GHz Band)Determination 2000 made under subsection 145 (4) of the Act. The guidelines should be followed by licensees (and accredited persons) before operating transmitters. The ACA 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 ACA.

The suspension and cancellation of spectrum licences

5.              The ACA may by written notice given to a licensee suspend or cancel a spectrum licence where the ACA is satisfied that the licensee, or a person authorised by the licensee to operate a radiocommunications device under the licence, has:

(a)    contravened a condition of the licence; or

(b) in any other way contravened the Act; or

(c)    operated a radiocommunications device under the licence, or purportedly under the licence, in contravention of any other law (whether written or unwritten) of the Commonwealth, a State or a Territory or in the course of contravening such a law.

Re issue

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

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

(b) the licensee provides 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. (1) 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 ACA under section 88 of the Act.

(2) 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:

(a)    the ACA has been advised of the changes; and

(b)    the Register of Radiocommunications Licences in respect of spectrum licences has been altered accordingly.

Appeals

8. An application may be made to the ACA for re-consideration of decisions listed under section 285 of the Act and a person affected by and dissatisfied with the decision may seek a re-consideration of the decision by the ACA under subsection 288 (1) of the Act. This decision can be subject to further re-consideration 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 are to be labelled in accordance with the Radiocommunications (Labelling) Determination 1997.

Notes to the Radiocommunications Spectrum Marketing Plan (27 GHz Band) 2000

Note 1

The Radiocommunications Spectrum Marketing Plan (27 GHz Band) 2000 (in force under section 39 of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date made/
notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

Radiocommunications Spectrum Marketing Plan (27 GHz Band) 2000 21 Sept 2000 21 Sept 2000
Radiocommunications Spectrum Marketing Plan (27 GHz Band) Variation 2002 (No. 1) 28 Nov 2002 28 Nov 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Summary of marketing ......
plan
am. 2002 No. 1
Part 1
S. 1.4...................................... am. 2002 No. 1
Part 2
S. 2.12.................................... am. 2002 No. 1
Note to s. 2.14...................... am. 2002 No. 1
Note to s. 2.16...................... am. 2002 No. 1
Note to s. 2.17 (2)................ am. 2002 No. 1
Schedule 5
Schedule 5............................ am. 2002 No. 1
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