The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under sections 39, 39A, 145 and 262 and paragraph 107(1)(f) of the Radiocommunications Act 1992 and under subsection 33(3) of the Acts Interpretation Act 1901.

Dated 10th December 2013

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member/ General Manager

1 Name of Instrument

  This Instrument is the Radiocommunications (26.5–31.3 GHz Band) Reform Instrument 2013.

2 Commencement

  This Instrument commences on 1 February 2014.1

3 Repeal

  The following legislative instruments are repealed:

(a)   Radiocommunications Advisory Guidelines (Managing Interference between 27 GHz and 28 GHz Spectrum-Licensed Services) 2000 (Federal Register of Legislative Instruments No. F2005B00152);

(b)   Radiocommunications Advisory Guidelines (Managing Interference from Non-spectrum-licensed Transmitters – 28 GHz and 31 GHz Bands) 1998 (Federal Register of Legislative Instruments No. F2005B01058);

(c)   Radiocommunications Advisory Guidelines (Protection of Non-spectrum-licensed Receivers – 28 GHz and 31 GHz Bands) 1998 (Federal Register of Legislative Instruments No. F2005B00444);

(d)   Radiocommunications Spectrum Marketing Plan (28 GHz and 31 GHz Bands) 1998 (Federal Register of Legislative Instruments No. F2005B00439); and

(e)   Radiocommunications (Unacceptable Levels of Interference – 28 GHz and 31 GHz Bands) Determination 1998 (Federal Register of Legislative Instruments No. F2005B00441).

4 Amendment of the Radiocommunications Licence Conditions (Fixed Licence) Determination 1997

  Schedule 1 amends the Radiocommunications Licence Conditions (Fixed Licence) Determination 1997.

Schedule 1 Amendments

   (section 4)

[1] Paragraph 2(1)(b)

omit

(bb) or (bc)

insert

(bc) or (bd)

[2] Paragraph 2(1)(bb)

omit

[3] After paragraph 2(1)(bc))

insert

(bd) certain fixed licences (point to multipoint station) for a station that operates in the 26.5–31.3 GHz band are subject to the conditions in Part 3F;

[4] Subsection 3(1), after definition of 13 GHz band

 insert

 26.5–31.3 GHz band means the frequency band 26.500–31.300 GHz.

[5] Part 3, heading only

 substitute

Conditions for fixed licences (point to multipoint station) except licences for stations used to provide distance education, stations that operate in wireless access services (WAS) bands or stations that operate in the 26.5–31.3 GHz band

[6] Section 6

 omit

 (a) a station used to provide distance education services; or

 (b) a station that operates in a wireless access service (WAS) band;

 insert

 (a) a station used to provide distance education services;

 (b) a station that operates in a wireless access service (WAS) band; or

 (c) a station that operates in the 26.5–31.3 GHz band;

[7] Part 3D

 omit

[8] Part 3F

 insert

Part 3F Conditions for fixed licences (point to multipoint station) for stations that operate in the 26.5–31.3 GHz band

11V Conditions

 For paragraph 107(1)(f) of the Act, every fixed licence (point to multipoint station) for a station that operates in the 26.5–31.3 GHz band is subject to the conditions in this Part.

11W Remote stations

 If the station is a remote station, the licensee:

(a) must not operate the station if its operation causes harmful interference to a service provided by another station; and

(b) must operate the station to transmit to the base station using the receive or transmit frequencies specified on the licence for the base station.

 11X  Adaptive transmit power control

The licensee must use adaptive transmit power control on each station that is authorised to be operated under the licence.

[9] Schedule 3

 omit

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.