Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2002 (Cth)

Commonwealth of Australia

Australian Communications Authority

Radiocommunications Act 1992

Radiocommunications Spectrum Marketing Plan

(3.4 GHz Bands) 2002

THE AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Marketing Plan under section 39A of the Radiocommunications Act 1992.

Dated 27 June 2002

A.J SHAW

Chair

R HORTON

Deputy Chair

Australian Communications Authority

______________________

CONTENTS

Section No.

PART 1‑ PRELIMINARY

1.1 Title

1.2 Commencement

1.3 Purpose

1.4 Interpretation

PART 2‑ALLOCATION OF SPECTRUM LICENCES

2.1 Issue of spectrum licences

2.2 Identification of lots

2.3 Allocation of lots

2.4 How licences will be allocated

2.5 Lot ratings

2.6 Advertising auction

2.7 Registration

2.8 Amount of eligibility payment

2.9 Entitlement to licence

2.10 Sample licence

2.11 Core licence conditions

2.12 Other licence conditions

2.13 Determination of core licence conditions

2.14 Emission limits

2.15 Agreements about emission limits

2.16 Duration of licences

2.17 Registration of licences

2.18 Trading in licences

2.19 Spectrum licences that are about to expire

2.20 Re-issue of licences

PART 3‑SPECTRUM USAGE AND COMPATIBILITY

3.1 Compatibility requirements

SCHEDULES

Schedule 1 Description of geographic areas containing lots for re-allocation

Schedule 2 Coordinates of geographic areas

Schedule 3 Band segments

Schedule 4 Description of lots

Schedule 5 Sample licence schedules

Schedule 6 Emission limits outside the area

Schedule 7 Emission limits outside the band

____________________

Summary of marketing plan

The Minister for Communications, Information Technology and the Arts has made a spectrum re-allocation declaration under section 153B of Part 3.6 of the Act with respect to the 3.4 GHz bands in specified geographic areas. The effect of this declaration is that the areas and parts of the spectrum referred to in the declaration are subject to re-allocation by issuing spectrum licences. Of the 482 available lots in the 3.4 GHz bands of the spectrum, 460 lots were allocated under the Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2000, by way of simultaneous ascending auction (see Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2000). This Marketing Plan deals with the remaining 22 unallocated lots.

A summary of the overall process is as follows:

Parts of the 3.4 GHz bands have been divided into lots for sale. The lots consist of a geographic area and a particular bandwidth. Most of the lots have been allocated and are the subject of spectrum licences. It is intended that those lots that were not allocated under the Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2000 will be allocated under this Marketing Plan and will become the subject of spectrum licences.

If there is competing demand for lots, allocation will be by way of a simultaneous ascending auction (details are in the Radiocommunications (Spectrum Licence Allocation—3.4 GHz Band) Determination 2002).

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

The successful applicant for a lot will be entitled to have a spectrum licence issued that includes the lot as soon as practicable after the ACA has received the balance of all outstanding payments.

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 under this Marketing Plan will end on 13 December 2015, which is the expiry date of spectrum licences previously issued in the 3.4 GHz band.

The ACA will publish information regarding licences that are due to expire during the two 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 if it is in the public interest to do so will the ACA re-issue spectrum licences to existing licensees without conducting a re-allocation (section 82 of the Act).

PART 1‑PRELIMINARY

Title

1.1 This Plan is called the Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2002.

Commencement

1.2. This Plan commences on 27 June 2002.

Purpose

1.3. (1) This Plan sets out procedures and a timetable for issuing spectrum licences that authorise the operation of radiocommunications devices in those parts of the 3.4 GHz band that are subject to a re-allocation declaration and were not allocated under the Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2000.

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

Interpretation

1.4. 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 to Apparatus Licensed Receivers‑3.4 GHz Band) 2000; and

(b)Radiocommunications Advisory Guidelines (Managing Out-of-band Interference in Receivers Operating in Spectrum Licensed Space‑3.4 GHz Band) 2000; and

(c)Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998;

Allocation Determination means the Radiocommunications (Spectrum Licence Allocation – 3.4 GHzBand) Determination 2002;

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 the 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:

(a)emissions that are modulation or intermodulation products caused by transmitted information or broadband noise; or

(b) 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 which endangers the functioning of a radio-navigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service;

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

(a)the maximum true mean power within the frequency band of the licence authorising the operation of the device, measured in units of dBm eirp per 30 kHz at the antenna connector; and

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

in-band, means:

(a)for a transmitter operated under a spectrum licence, the frequencies within the frequency band to which the licence relates; and

(b)for a receiver operating within the space of a spectrum licence, the frequencies within the frequency band to which the licence relates; and

(c)for a transmitter or receiver operating under an apparatus licence, the frequencies within the lower frequency limit and the upper frequency limit of its spectrum access.

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;

lot rating, for a lot means the value for the lot set by the ACA under section 2.5;

maximum true mean power means the true mean power measured in a 30 kHz 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 30 kHz 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;

peak power means the average power measured within a specified bandwidth during one 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 4 of an item in Schedule 1;

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

re-allocation declaration means the declaration made by the Minister under section 153B of the Act for a part of the spectrum in the 3.4 GHz band;

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 emissions means emissions that are not:

(a) modulation products; or

(b) wide band noise; or

(c) emissions caused by switching transients;

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) a geographic area equal to a cell of the spectrum map grid; and

(b) a frequency band having lower and upper frequency limits of each segment defined by:

(i)3425 + [n x 0.250] MHz and 3425 + [(n+1) x 0.250] MHz respectively, where n is an integer from 0 to 269 (inclusive); or

(ii) 3542.5 + [n x 0.250] MHz and 3575 + [(n+1) x 0.250] MHz respectively, where n is an integer from 0 to 129 (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;

3.4 GHz band means the following frequency bands:

(a) 3425 MHz – 3475 MHz (the 3.4 GHz Lower Band)

(b) 3475 MHz – 3492.5 MHz (the 3.4 GHz Upper Band A)

(c) 3542.5 MHz – 3575 MHz (the 3.4 GHz Upper Band B).

[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

Issue of spectrum licences

2.1. (1) The ACA will issue spectrum licences for the parts of the spectrum in the 3.4 GHz bands that are subject to the re-allocation declaration.

(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 3.4 GHz bands subject to this Marketing Plan will be reserved for public or community services.

Identification of lots

2.2. (1) The ACA has divided the parts of the spectrum that have been declared for re-allocation by the Minister into lots.

(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 mentioned in column 3 of Schedule 4 for the lot.

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

Allocation of lots

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

(2) Under Subdivision B of Division 1 of Part 3.2 of the Act, the ACA will issue spectrum licences to cover the lots that have been allocated in accordance with this Marketing Plan.

How licences will be allocated

2.4. (1) The first allocation will be by simultaneous ascending 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 ascending auction.]

(2) All of the lots listed in Schedule 4 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 equal to or less 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.

[Note: In this case, the ACA will allocate the licences for a pre-determined price - see Part 3 of the Radiocommunications (Spectrum Licence Allocation—3.4 GHz Band) Determination 2002.]

Lot ratings

2.5. (1) Each lot has a lot rating fixed by the ACA.

(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 an applicant’s initial eligibility and the eligibility payment payable by an applicant. Details of these are in sections 2.5A, 2.6 and 2.7 of the Allocation Determination.

Advertising auction

2.6. (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.

Registration

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

(2) The ACA will make available to 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.

Amount of eligibility payment

2.8. 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 for registration.

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

Entitlement to licence

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

[Note: Details of payment requirements for the balance of bid price are in Part 5 of the Allocation Determination.]

Sample licence

2.10. Schedule 5 sets out:

(a)a sample spectrum licence; and

(b)the conditions that may be included in a spectrum licence that is issued in a part of the spectrum referred to in the re-allocation declaration.

Core licence conditions

2.11. (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.

Other licence conditions

2.12. The licence will also include conditions about:

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

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

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

(d)other matters that the ACA may include in the licence (section 71).

Determination of core licence conditions

2.13. (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 or aggregation of bands described in Schedule 3 that cover the lots allocated to the licensee.

Emission limits

2.14. (1) The emission limits outside the area for all licences are worked out in accordance with Schedule 6.

(2) The emission limits outside the band for all licences are worked out in accordance with Schedule 7.

[Note: These core conditions may be varied by the ACA with the licensee’s agreement - see section 72 of the Act.]

Agreements about emission limits

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

(a)core condition 7 of the licence (about emission limits outside the geographic area of the licence); or

(b)core condition 18 of the licence (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.

Duration of licences

2.16. The licences issued under this Plan will have an expiry date of 13 December 2015.

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

Registration of licences

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

[Note: Details about registration are in the Radiocommunications (Contents of Register) Determination No.1 of 1997.]

(2) Each spectrum licence will include a condition that prohibits operation of a transmitter unless any 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 register a mobile transmitter that operates in the 3.4 GHz band with maximum radiated true mean power of 24.5 dBm or less.

Trading in licences

2.18. 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 a licence. The ACA has made rules under section 88 of the Act to regulate trading in licences. The rules restrict trading by reference to whole standard trading units and minimum contiguous bandwidth.

Spectrum licences that are about to expire

2.19. (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 two 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 two years of the term of their licences that the licences are due to expire.

Re-issue of licences

2.20. (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 predetermined 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 re-allocating the licence 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 3¾SPECTRUM USAGE AND COMPATIBILITY

Compatibility requirements

3.1. (1) The compatibility requirements for the receivers of various apparatus licensed services in the 3.4 GHz band and in adjacent frequency bands are set out in the 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 operating under spectrum licences and with those operating under apparatus licences. Each licensee must ensure that the operation of their service does not cause an unacceptable level of interference to other services which they are obliged to protect.

(2) These requirements apply to a receiver that:

(a)operates or will operate under an apparatus licence or a class licence; and

(b)is outside:

(i)the frequency bands of spectrum licences; or

(ii)the geographic limits of spectrum licences; and

(c)operates inside the frequency bands or geographic areas to be subject to spectrum licenses.

______________________

SCHEDULE 1

Section 1.4

DESCRIPTION OF AREAS CONTAINING LOTS FOR

RE-ALLOCATION

Column 1	Column 2	Column 3	Column 4
Item No.	Area Number	Name	Notional Population
3	3	Rockhampton	89200
4	4	Brisbane	1867500
5	5	Toowoomba	131900
6	6	Sydney	4265500
7	7	Canberra	320600
11	11	Launceston	112900
12	12	Hobart	224300
13	13	Adelaide	1094900

SCHEDULE 2

Sections 1.4 and 2.2 (3)

COORDINATES OF GEOGRAPHIC AREAS

Description: The geographic 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 intersections of each set of coordinates shown in the table to the point of commencement.

AREA 3 “ROCKHAMPTON”

° ¢ ² East	° ¢ ² South
150 00 0	23 00 0
151 00 0	23 00 0
° ¢ ² East	° ¢ ² South
151 00 0	23 45 0
150 00 0	23 45 0
° ¢ ² East	° ¢ ² South
150 00 0	23 00 0

AREA 4 “BRISBANE”

° ¢ ² East	° ¢ ² South
152 30 0	26 50 0
154 00 0	26 50 0
154 00 0	28 35 0
° ¢ ² East	° ¢ ² South
153 05 0	28 35 0
153 05 0	28 20 0
152 50 0	28 20 0
° ¢ ² East	° ¢ ² South
152 50 0	28 05 0
152 30 0	28 05 0
152 30 0	26 50 0

AREA 5 “TOOWOOMBA”

° ¢ ² East	° ¢ ² South
151 35 0	27 15 0
152 30 0	27 15 0
° ¢ ² East	° ¢ ² South
152 30 0	27 55 0
151 35 0	27 55 0
° ¢ ² East	° ¢ ² South
151 35 0	27 15 0

AREA 6 “SYDNEY”

° ¢ ² East	° ¢ ² South
151 05 0	32 35 0
153 00 0	32 35 0
153 00 0	33 00 0
152 00 0	33 00 0
152 00 0	34 50 0
° ¢ ² East	° ¢ ² South
150 30 0	34 50 0
150 30 0	34 35 0
150 20 0	34 35 0
150 20 0	34 00 0
150 00 0	34 00 0
° ¢ ² East	° ¢ ² South
150 00 0	33 20 0
150 55 0	33 20 0
150 55 0	33 05 0
151 05 0	33 05 0
151 05 0	32 35 0

AREA 7 “CANBERRA’

° ¢ ² East	° ¢ ² South
148 45 0	34 50 0
149 30 0	34 50 0
° ¢ ² East	° ¢ ² South
149 30 0	35 50 0
148 45 0	35 50 0
° ¢ ² East	° ¢ ² South
148 45 0	34 50 0

AREA 11 “LAUNCESTON”

° ¢ ² East	° ¢ ² South
146 30 0	41 00 0
147 30 0	41 00 0
° ¢ ² East	° ¢ ² South
147 30 0	41 40 0
146 30 0	41 40 0
° ¢ ² East	° ¢ ² South
146 30 0	41 00 0

AREA 12 “HOBART”

° ¢ ² East	° ¢ ² South
146 45 0	42 20 0
148 00 0	42 20 0
° ¢ ² East	° ¢ ² South
148 00 0	43 35 0
146 45 0	43 35 0
° ¢ ² East	° ¢ ² South
146 45 0	42 20 0

AREA 13 “ADELAIDE”

° ¢ ² East	° ¢ ² South
138 05 0	34 20 0
139 05 0	34 20 0
139 05 0	34 55 0
° ¢ ² East	° ¢ ² South
139 00 0	34 55 0
139 00 0	35 30 0
° ¢ ² East	° ¢ ² South
138 05 0	35 30 0
138 05 0	34 20 0

SCHEDULE 3

Section 2.13 (2)

BAND SEGMENTS

A frequency band in this Schedule comprises the frequencies 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 Number	Lower Bound	Upper Bound	Bandwidth
1	3425	3428.5	3.5
2	3428.5	3432	3.5
3	3432	3435.5	3.5
4	3435.5	3439	3.5
5	3439	3442.5	3.5
15	3475	3478.5	3.5
16	3478.5	3482	3.5
18	3485.5	3489	3.5
19	3489	3492.5	3.5
20	3542.5	3546	3.5

SCHEDULE 4

Sections 1.4, 2.2, 2.4, 2.5

DESCRIPTION OF LOTS

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8
Lot Number	Name	Area	Band	Lot Rating	Lower Bound	Upper Bound	Bandwidth
61	Rockhampton-5	3	5	1	3439	3442.5	3.5
75	Rockhampton-19	3	19	1	3489	3492.5	3.5
85	Brisbane-1	4	1	38	3425	3428.5	3.5
86	Brisbane-2	4	2	38	3428.5	3432	3.5
87	Brisbane-3	4	3	38	3432	3435.5	3.5
88	Brisbane-4	4	4	38	3435.5	3439	3.5
89	Brisbane-5	4	5	38	3439	3442.5	3.5
99	Brisbane-15	4	15	38	3475	3478.5	3.5
100	Brisbane-16	4	16	38	3478.5	3482	3.5
102	Brisbane-18	4	18	38	3485.5	3489	3.5
103	Brisbane-19	4	19	38	3489	3492.5	3.5
104	Brisbane-20	4	20	38	3542.5	3546	3.5
117	Toowoomba-5	5	5	1	3439	3442.5	3.5
131	Toowoomba-19	5	19	1	3489	3492.5	3.5
160	Sydney-20	6	20	116	3542.5	3546	3.5
173	Canberra-5	7	5	4	3439	3442.5	3.5
187	Canberra-19	7	19	4	3489	3492.5	3.5
285	Launceston-5	11	5	1	3439	3442.5	3.5
299	Launceston-19	11	19	1	3489	3492.5	3.5
313	Hobart-5	12	5	3	3439	3442.5	3.5
327	Hobart-19	12	19	3	3489	3492.5	3.5
341	Adelaide-5	13	5	14	3439	3442.5	3.5

SCHEDULE 5

Section 2.10

SAMPLE LICENCE

This Schedule sets out a sample spectrum licence, and the conditions that may be included in a spectrum licence, issued in the parts of the spectrum that are subject to a notice of designation or re-allocation declaration:

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.

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 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.

Unless the contrary intention appears, terms and expressions used in this Licence have the meaning given to them by the Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2002.

Licensee: Bloopers Pty Limited

Client Number: 11223344

Band Release: 3.4 GHz Upper Band A

Licence Number: 55667788

SCHEDULE 5 (continued)

LICENCE SCHEDULE 1

LICENCE AND TECHNICAL DETAILS

Part 1 - Licence Details

Item		Licensee Details
1	Name of Licensee Address of Licensee	Bloopers Pty Limited 987 Charming Street SYDNEY NSW 2000
2	Client Number	11223344
3	Band Release	3.4 GHz Upper Band A
Licence Details
4	Date of Licence Effect	2/11/2002
5	Date of Licence Expiry	13/12/2015
6	Licence Number	55667788
7	Date of Licence Issue	2/11/2002
8	Issuing Officer	1

Part 2 - Technical Details

Core Condition - Frequency Band of Licence
9	Lower limit of frequency band	3.475000 GHz
10	Upper limit of frequency band	3.492500 GHz

Core Condition - Emission Limits Outside the Area
11	Offsets for core condition 4(a)	0 kHz
12	Offsets for core condition 4(b)	0 kHz
13	Power conversion function k1(d) for core condition 4	k1(d) = 18; for d >= 0
14	Power conversion function k2(d) for core condition 4	k2(d) = 18; for d >= 0

SCHEDULE 5 (continued)

LICENCE SCHEDULE 1 Part 2 (continued)

Item	Core Condition - Emission Limits Outside the Band
Broadband Emission - Wide Beamwidth Transmitters
15	Range of offsets for core condition 10(a)	0 kHz to 250 kHz
16	Maximum true mean power for core condition 10(a)	20 dBm eirp/30 kHz
17	Range of offsets for core condition 10(b)	250 kHz to 1 MHz
18	Maximum true mean power for core condition 10(b)	-5 dBm eirp/30 kHz
19	Range of offsets for core condition 10(c)	greater than 1 MHz
20	Maximum true mean power for core condition 10(c)	-30 dBm eirp/30 kHz
21	Range of offsets for core condition 10(d)	500 kHz to 530 kHz
22	Peak power for core condition 10(d)	-11 dBm eirp measured within a 30 kHz rectangular bandwidth
Broadband Emission - Narrow Beamwidth Transmitters
23	Range of offsets for core condition 11(a)	0 kHz to 250 kHz
24	Maximum true mean power for core condition 11(a)	20 dBm eirp/30 kHz
25	Range of offsets for core condition 11(b)	250 kHz to 1 MHz
26	Maximum true mean power for core condition 11(b)	-5 dBm eirp/30 kHz
27	Range of offsets for core condition 11(c)	greater than 1 MHz
28	Maximum true mean power for core condition 11(c)	-19 dBm eirp/30 kHz
29	Range of offsets for core condition 11(d)	500 kHz to 530 kHz
30	Peak power for core condition 11(d)	-11 dBm eirp measured within a 30 kHz rectangular bandwidth

SCHEDULE 5 (continued)

LICENCE SCHEDULE 1 Part 2 (continued)

Item	Core Condition - Emission Limits Outside the Band (continued)
Narrowband Emission - Wide Beamwidth Transmitters
31	Mean power for core condition 12(a)	-40 dBm eirp/100 kHz
32	Range of offsets for core condition 12(a)	9 kHz to 1 GHz
33	Mean power for core condition 12(b)	-30 dBm eirp/1 MHz
34	Range of offsets for core condition 12(b)	1 GHz to 1.9 GHz
35	Mean power for core condition 12(c)	-12 dBm eirp/1 MHz
36	Range of offsets for core condition 12(c)	1.9 GHz to 7.2 GHz
37	Mean power for core condition 12(d)	-30 dBm eirp/1 MHz
38	Range of offsets for core condition 12(d)	7.2 GHz to 26 GHz

Narrowband Emission - Narrow Beamwidth Transmitters
39	Mean power for core condition 13(a)	-40 dBm eirp/100 kHz
40	Range of offsets for core condition 13(a)	9 kHz to 1 GHz
41	Mean power for core condition 13(b)	-30 dBm eirp/1 MHz
42	Range of offsets for core condition 13(b)	1 GHz to 1.9 GHz
43	Mean power for core condition 13(c)	-1 dBm eirp/1 MHz
44	Range of offsets for core condition 13(c)	1.9 GHz to 7.2 GHz
45	Mean power for core condition 13(d)	-30 dBm eirp/1 MHz
46	Range of offsets for core condition 13(d)	7.2 GHz to 26 GHz

SCHEDULE 5 (continued)

LICENCE SCHEDULE 1 Part 2 (continued)

Item	Core Condition - Emission Limits Outside the Band (continued)
Wide Beamwidth Receivers with Spurious Emissions
47	Mean power for core condition 14(a)	-40 dBm eirp/100 kHz
48	Band for condition 14(a)	9 kHz to 1.9 GHz
49	Mean power for core condition 14(b)	-22 dBm eirp/1 MHz
50	Band for core condition 14(b)	1.9 GHz to 7.2 GHz
51	Mean power for core condition 14(c)	-40 dBm eirp/1 MHz
52	Band for core condition 14(c)	7.2 GHz to 26 GHz

Narrow Beamwidth Receivers with Spurious Emissions
53	Mean power for core condition 15(a)	-40 dBm eirp/100 kHz
54	Band for condition 15(a)	9 kHz to 1.9 GHz
55	Mean power for core condition 15(b)	-11 dBm eirp/1 MHz
56	Band for core condition 15(b)	1.9 GHz to 7.2 GHz
57	Mean power for core condition 15(c)	-40 dBm eirp/1 MHz
58	Band for core condition 15(c)	7.2 GHz to 26 GHz

Device Registration
59	Section 145 Determination for registration of transmitters	Radiocommunications (Unacceptable Levels of Interference - 3.4 GHz Band) Determination 2000

SCHEDULE 5 (continued)

LICENCE SCHEDULE 1

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

28:35:00 153:05:00 26:50:00 154:00:00

28:20:00 152:50:00 26:50:00 153:05:00

28:05:00 152:30:00 26:50:00 152:50:00

SCHEDULE 5 (continued)

LICENCE SCHEDULE 2

CORE CONDITIONS

Frequency Band

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

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

Core conditions 4 and 5 apply 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 7 in force; and

(c) for which the licensee does not hold another spectrum licence in the 3.4 GHz band.

For in-band radio emissions, the emission limits in a geographic area to which this condition applies are:

(a) for frequency bands only containing frequencies removed from the upper and lower frequency limits of the licence by at least the offset set out at Item 11 of Part 2 of Schedule 1 - the emission limit is a radiated power of P1 dBm eirp per 30 kHz; and

(b) for frequency bands only containing frequencies removed from the upper and lower frequency limits of the licence by at least the offset set out at Item 12 of Part 2 of Schedule 1 - the emission limit is a radiated power of P2 dBm eirp per 30 kHz;

where:

P1 = 70 - k1(d); and

P2 = 70 - k2(d);

where:

d is the distance in kilometres of the device from the boundary of
the geographic area; and

k1(d) and k2(d) are the power conversion functions set out at
Items 13 and 14 of Part 2 of Schedule 1, respectively.

SCHEDULE 5 (continued)

LICENCE SCHEDULE 2 (continued)

CORE CONDITIONS (continued)

Emission Limits Outside the Area (continued)

The level of emission in a geographic area to which this condition applies is to be estimated with a level of confidence not less than 95 percent that the true level of emission remains below the relevant emission limit plus 2 dB.

[Notes:

This core condition is designed to assist technological neutrality and limits the power spectral density of a transmitter located anywhere within the geographic area of the
licence to 52 dBm eirp in a rectangular bandwidth of 30 kHz and at all times. The limit has an important function in the management of receiver intermodulation. There may be additional constraints on radiated power caused by the device boundary criterion of the relevant s.145 Determination or the compatibility requirements of related Advisory Guidelines. Except where the occupied bandwidth of a transmitter is less than 30 kHz,
the core condition does not place a limit on the total radiated power for a transmitter. However, total radiated power is limited indirectly by:

(a) the cost of high power amplifiers;

(b) the general requirement to use low powers in cellular systems; and

(c) the emission limits outside the band becoming increasingly difficult to satisfy as
total transmitter power increases.

The two step limit related to k1(d) and k2(d) is designed to accommodate higher limits according to the width of guard bands supplied internal to the licence, if that is a requirement of a licensee. ]

Core condition 7 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 3.4 GHz band.

The emission limits outside the area are the level that does not cause the core emission limits 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 3.4 GHz band.

SCHEDULE 5 (continued)

LICENCE SCHEDULE 2 (continued)

CORE CONDITIONS (continued)

Emission Limits Outside the Band

Core conditions 9-16 (inclusive) apply in those parts of the spectrum:

(a)for which there is no agreement for the purposes of core condition 18 in force; and

(b)for which the licensee does not hold another spectrum licence in the 3.4 GHz band.

The following maximum permitted levels of emission outside the frequency
band of the licence apply 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.

10.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 15 of Part 2 of Schedule 1 - the radiated maximum true mean power is set out at Item 16 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 17 of Part 2 of Schedule 1 - the radiated maximum true mean power is set out at Item 18 of Part 2 of Schedule 1 of this licence; and

(c)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 19 of Part 2 of Schedule 1 - the radiated maximum true mean power is set out at Item 20 of Part 2 of Schedule 1 of this licence; and

(d)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 21 of Part 2 of Schedule 1 of this licence - the radiated peak power set out at Item 22 of Part 2 of Schedule 1 of this licence.

SCHEDULE 5 (continued)

LICENCE SCHEDULE 2 (continued)

CORE CONDITIONS (continued)

Emission Limits Outside the Band (continued)

11.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 licence by offsets within the range set out at Item 23 of Part 2 of Schedule 1 - the radiated maximum true mean power is set out at Item 24 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 25 of Part 2 of Schedule 1 - the radiated maximum true mean power is set out at Item 26 of Part 2 of Schedule 1 of this licence; and

(c)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 27 of Part 2 of Schedule 1 - the radiated maximum true mean power is set out at Item 28 of Part 2 of Schedule 1 of this licence; and

(d)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 29 of Part 2 of Schedule 1 of this licence - the radiated peak power is set out at Item 30 of Part 2 of Schedule 1 of this licence.

12.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 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 of this licence; 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 of this licence; and

SCHEDULE 5 (continued)

LICENCE SCHEDULE 2 (continued)

CORE CONDITIONS (continued)

Emission Limits Outside the Band (continued)

(a) 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 of this licence; and

(b) a radiated mean power set out at Item 37 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at Item 38 of Part 2 of Schedule 1 of this licence.

13.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 39 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 40 of Part 2 of Schedule 1 of this licence; and

(b)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 of this licence; and

(c)a radiated mean power set out at Item 43 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at Item 44 of Part 2 of Schedule 1 of this licence; and

(d)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 of this licence.

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

(a)a radiated mean power set out at Item 47 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 48 of Part 2 of Schedule 1 of this licence; and

(b)a radiated mean power set out at Item 49 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at Item 50 of Part 2 of Schedule 1 of this licence; and

(c)a radiated mean power set out at Item 51 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at Item 52 of Part 2 of Schedule 1 of this licence.

SCHEDULE 5 (continued)

LICENCE SCHEDULE 2 (continued)

CORE CONDITIONS (continued)

Emission Limits Outside the Band (continued)

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

(a)a radiated mean power set out at Item 53 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 54 of Part 2 of Schedule 1 of this licence; and

(b)a radiated mean power set out at Item 55 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at Item 56 of Part 2 of Schedule 1 of this licence; and

(c)a radiated mean power set out at Item 57 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at Item 58 of Part 2 of Schedule 1 of this licence.

16.The level of emission outside the band of the licence is to be estimated with a level of confidence not less than 95 percent that the true level of emission remains below the relevant emission limit plus 2 dB.

17.Core condition 18 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 3.4 GHz band.

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

(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 3.4 GHz band.

__________________________________

SCHEDULE 5 (continued)

LICENCE SCHEDULE 3

STATUTORY CONDITIONS

Liability To Pay Charges

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

Third Party Use

(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 section 68(3) of the Act.

(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 section 68(3) of the Act.

Transmitter Registration Requirements

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

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

(a) a mobile or indoor fixed transmitter that operates in the 3.4 GHz band with
a radiated true mean power within its effective occupied band that is always less than or equal to 25 dBm eirp per 30 kHz; or

(b) a receiver that is also a transmitter because it radiates narrowband emission; or

(c) a mobile transmitter that only operates outside the limits of a town that is on the towns mobile list; or

(d) a fixed transmitter that only transmits for less than 5% of the time in any 1 hour period and only operates outside the limits of a town that is on the
towns mobile list.

SCHEDULE 5 (continued)

LICENCE SCHEDULE 3 (continued)

STATUTORY CONDITIONS (continued)

Exemption From Registration Requirements (continued)

[Notes:

The Radiocommunications (Unacceptable Levels of Interference - 3.4 GHz Band) Determination 2000 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 section 145(3) of the Act .

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

(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.

SCHEDULE 5 (continued)

LICENCE SCHEDULE 3 (continued)

STATUTORY CONDITIONS (continued)

Residency etc (continued)

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.

____________________________

SCHEDULE 5 (continued)

LICENCE SCHEDULE 4

CONDITIONS INCLUDED BY THE ACA

Interference management

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

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

If:

(a) interference occurs between a radiocommunications device operated under this licence and a radiocommunications device (whether operated under another 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;

SCHEDULE 5 (continued)

LICENCE SCHEDULE 4 (continued)

CONDITIONS INCLUDED BY THE ACA (continued)

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

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

International coordination

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 that is located in a country other than Australia,
the transmission must cease.

Agreements for purpose of core conditions

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

(a)core condition 7 (about emission limits outside the geographic area of this licence); or

(b)core condition 18 (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.

_____________________________

SCHEDULE 5 (continued)

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].

BACKGROUND

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

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

B agrees with A for [core condition 7 or core condition 18 or core conditions 7 and 18] of A’s licence in relation to B’s licence.

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

SIGNED on behalf of A:

SIGNED on behalf of B:

_________________________________________

SCHEDULE 5 (continued)

LICENCE NOTES

Variation to licence conditions

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.

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

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
apparatus-licensed receivers:

· Radiocommunications Advisory Guidelines (Managing Interference
to Apparatus Licensed Receivers—3.4 GHz Band) 2000; and

(b)co-ordinating the operation of apparatus licensed transmitters with receivers operated in the space of spectrum licences:

· Radiocommunications Advisory Guidelines (Managing Out-of-band Interference in Receivers Operating in Spectrum Licensed Space
¾3.4 GHz Band) 2000.

The guidelines should be read in conjunction with the Radiocommunications (Unacceptable Levels of Interference - 3.4 GHz Band) Determination 2000 made under section 145(4) of the Act. This determination sets out the unacceptable levels of interference for the purpose of the registration of transmitters to be operated under this licence. The guidelines should be followed by licensees (and accredited persons) before operating transmitters. The 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.

SCHEDULE 5 (continued)

LICENCE NOTES (continued)

The suspension and cancellation of spectrum licences

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.

Reissue

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

(a) the ACA is satisfied under section 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 section 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.

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 told of the changes; and

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

Appeals

An application may be made to the ACA for re-consideration of decisions listed under section 285 of the Act. A person affected by and dissatisfied with the decision may seek a re-consideration of the decision by the ACA under section 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.

SCHEDULE 5 (continued)

LICENCE NOTES (continued)

Labelling of transmitters

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

_________________________________________

SCHEDULE 6

Section 2.14 (1)

EMISSION LIMITS OUTSIDE THE AREA

PART 1¾BASE EMISSION LIMITS

This Part applies in those parts of the spectrum:

(a) for which there is no agreement for the purposes of core condition 7 in force; and

(b) for which the licensee does not hold another spectrum licence in the 3.4 GHz band.

The emission limits outside the area, for frequency bands only containing in-band frequencies, are a transmitter radiated power of:

P dBm eirp per 30 kHz;

where:

P equals 70 - k (d);

where:

(a) d is the distance, measured in kilometres, of the device from the boundary of the geographic area of the licence under which the device operates; and

(b) k (d) is the power conversion function.

For a spectrum licence issued for the 3.4 GHz band, k (d) = 18 for d ³ 0.

For this Schedule, the level of emission outside the area is to be estimated with a level of confidence not less than 95 percent that the true level of emission remains below the relevant emission limit.

For the purposes of paragraph 2, the level of emission is to be estimated after taking into account:

(a) the kind of antenna; and

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

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

(d) operates.

_______________________

SCHEDULE 6 (continued)

EMISSION LIMITS OUTSIDE THE AREA (continued)

PART 2¾OTHER EMISSION LIMITS

This Part applies in that part of the spectrum:

(a) for which there is an agreement in force for the purposes of core condition 7; or

(b) for which the licensee holds another spectrum licence in the 3.4 GHz band.

The emission limits outside the area are the level that does not cause the base emission limits to be exceeded in any part of the spectrum:

(a) for which there is no agreement for the purposes of core condition 7 in force; and

(b) for which the licensee does not hold another spectrum licence in the 3.4 GHz band.

_________________________________

SCHEDULE 7

Subclause 2.14 (2)

EMISSION LIMITS OUTSIDE THE BAND

[Note: Emission limits outside the band manage levels of:

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

(i) the transmitted information; and

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

(iii) where applicable, multicarrier transmitters; and

(b) transmitter broadband noise; and

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

(d) receiver emissions.]

PART 1¾BASE EMISSION LIMITS

This Part applies in those parts of the spectrum:

(a) for which there is no agreement for the purposes of core condition 18 in force; and

(b) for which the licensee does not hold another spectrum licence in the 3.4 GHz band.

Broadband emission

For radio emission that is:

(a) broadband emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 3.4 GHz band; and

(c) at frequencies outside the frequency band of the licence; and

(d) offset from the upper and lower limits of the frequency band;

the emission limits outside the band are:

(e) for wide beamwidth transmitters radiating emission in frequency bands containing frequencies that have offsets:

(i) within the range 0 kHz to 250 kHz¾a radiated maximum true mean power of 20 dBm eirp per 30 kHz; and

(ii) within the range 250 kHz to 1 MHz¾a radiated maximum true mean power of -5 dBm eirp per 30 kHz; and

(iii) greater than 1 MHz¾a radiated maximum true mean power of

-30 dBm eirp per 30 kHz; and

(vi) within the range 500 kHz to 530 kHz¾a radiated peak power of

-11 dBm eirp measured within a 30 kHz rectangular

bandwidth; and

(f) for narrow beamwidth transmitters radiating emission in frequency bands containing frequencies that have offsets:

(i) within the range 0 kHz to 250 kHz¾a radiated maximum true mean power of 20 dBm eirp per 30 kHz; and

(ii) within the range 250 kHz to 1 MHz¾a radiated maximum true mean power of -5 dBm eirp per 30 kHz; and

SCHEDULE 7 (continued)

(iii) greater than 1 MHz¾a radiated maximum true mean power of

-19 dBm eirp per 30 kHz; and

(vi) within the range 500 kHz to 530 kHz¾a radiated peak power of

-11 dBm eirp measured within a 30 kHz rectangular

bandwidth.

Narrowband emission

For radio emission that is:

(a) narrowband emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 3.4 GHz band; and

(c) at frequencies outside the frequency band of the licence;

the emission limit outside the band is a radiated mean power of:

(d) -40 dBm eirp measured within a 100 kHz rectangular bandwidth that is within the band 9 kHz to 1 GHz; and

(e) -30 dBm eirp measured within a 1 MHz rectangular bandwidth that is within the band 1 GHz to 1.9 GHz; and

(f) for wide beamwidth transmitters¾ -12 dBm eirp measured within a 1 MHz rectangular bandwidth that is within the band 1.9 GHz to 7.2 GHz; and

(g) for narrow beamwidth transmitters¾ -1 dBm eirp measured within a 1 MHz rectangular bandwidth that is within the band 1.9 GHz to 7.2 GHz; and

(h) -30 dBm eirp measured within a 1 MHz rectangular bandwidth that is within the band 7.2 GHz to 26 GHz.

Receivers

For radio emission that is:

(a) caused by receivers operating in the space of spectrum licences issued for the 3.4 GHz band; and

(b) at frequencies outside the frequency band of the licence;

the emission limit outside the band is a radiated mean power of:

(d) -40 dBm eirp measured within a 100 kHz rectangular bandwidth that is within the band 9 kHz to 1.9 GHz; and

(f) for wide beamwidth transmitters¾ -22 dBm eirp measured within a 1 MHz rectangular bandwidth that is within the band 1.9 GHz to 7.2 GHz; and

(g) for narrow beamwidth transmitters¾ -11 dBm eirp measured within a 1 MHz rectangular bandwidth that is within the band 1.9 GHz to 7.2 GHz; and

(h) -40 dBm eirp measured within a 1 MHz rectangular bandwidth that is within the band 7.2 GHz to 26 GHz.

For this Schedule, the level of emission outside the area is to be estimated with a level of confidence not less than 95 percent that the true level of emission remains below the relevant emission limit.

SCHEDULE 7 (continued)

For the purposes of paragraph 4, the level of emission is to be estimated after taking into account:

(a) the kind of antenna; and

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

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

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PART 2¾OTHER EMISSION LIMITS

This Part applies in that part of the spectrum:

(a) for which there is an agreement in force for the purposes of core condition 18; or

(b) for which the licensee holds another spectrum licence in the 3.4 GHz band.

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

(a) for which there is no agreement for the purposes of core condition 18 in force; and

(b) for which the licensee does not hold another spectrum licence in the 3.4 GHz band.

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Citations

Radiocommunications Spectrum Marketing Plan (3.4 GHz Bands) 2002 (Cth)

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