Australian Communications Authority
Radiocommunications Act 1992
Radiocommunications (Unacceptable Levels of Interference2302-2400 MHz Band)
Determination 2000
THE AUSTRALIAN COMMUNICATIONS AUTHORITY determines the following unacceptable levels of interference under section 145 of the Radiocommunications Act 1992.
Dated 30 March 2000.
A.J SHAW
Chair
R HORTON
Deputy Chair
Australian Communications Authority
______________________
CONTENTS
Clause
1. Title
2. Commencement
3. Purpose
4. Interpretation
5. Unacceptable level of interference
____________________
Title
1. This determination is called the Radiocommunications (Unacceptable Levels of Interference - 2302-2400 MHz Band) Determination of 2000.
Commencement
2. This determination commences on the day following the day on which it is made.
Purpose
3. This determination sets out what is an unacceptable level of interference caused by a transmitter operating under a spectrum licence issued for the 2302-2400 MHz band.
[NOTE: The ACA may refuse to register a transmitter if the operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices - see s.145 of the Act.]
Interpretation
4. (1) In this determination, unless the contrary intention appears:
Act means the Radiocommunications Act 1992.
Band means the frequency band 2302-2400 MHz.
geographic area, in relation to a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.
[NOTE: The following terms, used in this determination, are defined in the Radiocommunications Act 1992 and have the meanings given to them by that Act:
frequency band interference
ACA spectrum licence
transmitter.]
Unacceptable level of interference
5. (1) This clause sets out what are unacceptable levels of interference for the purposes of section 145 of the Act.
[NOTE: Under s.145, the ACA may refuse to register a transmitter if the operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices.]
(2) A level of interference caused by a transmitter operated under a spectrum licence issued for the Band is unacceptable if the operation results in a breach of a core condition of the licence relating to the maximum permitted level of radio emission from the transmitter:
(a) outside the parts of the spectrum the use of which is authorised by the licence; or
(b) outside the geographic area of the licence.
[NOTE: S.66(1) of the Act deals with core conditions relating to maximum permitted levels of radio emissions.]
(3) A level of interference caused by a transmitter operated under a spectrum licence issued for the Band is unacceptable if the operation results in a breach of a condition contained in Schedule 4 of the licence.
Overview
The Radiocommunications (Unacceptable Levels of Interference - 2302-2400 MHz Band) Determination 2000 was made by the Australian Communications Authority (ACA) under the Radiocommunications Act 1992. This legislative instrument was enacted to address the problem of unacceptable levels of interference that may be caused by transmitters operating within the specified frequency band of 2302-2400 MHz. The primary objective of this determination is to ensure that the operation of transmitters does not adversely affect other radiocommunications devices, thereby maintaining the integrity and functionality of the radiocommunications ecosystem. By setting out the unacceptable levels of interference, the ACA aims to regulate and manage the use of the radio spectrum effectively, preventing potential conflicts and ensuring that the spectrum is used efficiently and responsibly.
Scope and Application
The Radiocommunications (Unacceptable Levels of Interference - 2302-2400 MHz Band) Determination 2000 applies to entities operating transmitters under a spectrum licence within the specified frequency band of 2302-2400 MHz. The determination is made under section 145 of the Radiocommunications Act 1992 and sets out the criteria for unacceptable levels of interference, which could lead to the Australian Communications Authority (ACA) refusing to register a transmitter. The scope of the determination is confined to the geographic area authorised by the spectrum licence and the core conditions relating to maximum permitted levels of radio emissions. This includes interference that breaches the core conditions of the licence or any conditions specified in Schedule 4 of the licence. The determination is a Commonwealth instrument, thus it applies nationally across Australia, with the ACA having the authority to enforce compliance. Subordinate instruments may extend or detail further the application of the Act, but the primary focus remains on ensuring that the operation of transmitters does not cause unacceptable levels of interference to other radiocommunications devices.
Key Provisions
The Radiocommunications (Unacceptable Levels of Interference - 2302-2400 MHz Band) Determination 2000 outlines specific provisions regarding the unacceptable levels of interference in the frequency band 2302-2400 MHz (s.5). This determination applies to any transmitter operating under a spectrum licence in this band. According to the Act, an unacceptable level of interference is defined as one that breaches a core condition of the licence concerning the maximum permitted level of radio emissions outside authorised spectrum parts or geographic areas, or any condition in Schedule 4 of the licence (s.5(2) and (3)). These core conditions are detailed in section 66(1) of the Radiocommunications Act 1992, which pertains to the maximum permitted levels of radio emissions.
The obligations under this determination require that any transmitter operating in the specified band must adhere strictly to the conditions outlined in its spectrum licence. Licence holders must ensure that their operations do not exceed the permitted levels of radio emissions within or outside the authorised frequency spectrum or geographic areas (s.5(2)). Additionally, they must comply with all conditions listed in Schedule 4 of their licence (s.5(3)). Failure to comply with these conditions may result in the Australian Communications Authority (ACA) refusing to register the transmitter, effectively preventing its operation.
For breaches of the unacceptable levels of interference as defined in this determination, the Radiocommunications Act 1992 provides for various consequences. Specifically, the ACA has the authority to take action against any transmitter that causes an unacceptable level of interference, potentially including the refusal to register the transmitter (s.145). Such non-compliance could also lead to administrative penalties, with the exact nature and severity of these penalties depending on the specific breach and the provisions of the Radiocommunications Act 1992. The determination does not specify maximum penalties, but the Act generally allows for significant fines and other enforcement measures.