Radiocommunications Licence Conditions (Fixed Licence) Determination 2015

made under paragraph 107(1)(f) of the

Radiocommunications Act 1992

 

 

Compilation No. 1

Compilation date:    13 November 2018

Includes amendments up to: F2018L01564

 

 

 

 

 

Prepared by the Australian Communications and Media Authority Melbourne

 

 

About this compilation

 

This compilation

This is a compilation of the Radiocommunications Licence Conditions (Fixed Licence) Determination 2015 that shows the text of the law as amended and in force on 13 November 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1 Preliminary

1 Name of Determination

  This Determination is the Radiocommunications Licence Conditions (Fixed Licence) Determination 2015.

2 Scope

 (1) This Determination sets out the conditions to which a fixed licence is subject in the following manner:

 (a) every fixed licence (point to point station) is subject to the conditions in Part 2;

 (b) every fixed licence (point to multipoint station) that is not referred to in paragraph (ba) or (bc) is subject to the conditions in Part 3;

 (ba) every fixed licence (point to multipoint station) used in the provision of distance education services is subject to the conditions in Part 3A;

Note 1  Distance education services are also known as the School of the Air.

Note 2 These licences may also be subject to the conditions in Parts 3B and 3C (see section 11A).

 (bc) every fixed licence (point to multipoint station) for a station that operates in the 1 GHz to 275 GHz frequency band is subject to the conditions in Part 3E;

 (c) every fixed licence (sound outside broadcast station) is subject to the condition in Part 4;

 (d) every fixed licence (television outside broadcast station) is subject to the condition in Part 5;

 (e) every fixed licence (television outside broadcast network station) is subject to the condition in Part 6;

 (f) every fixed licence (television outside broadcast system station) is subject to the condition in Part 7.

 (2) However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.

3 Interpretation

 (1) In this Determination:

base station means the point to multipoint station to which a licence relates that is established at a fixed location mentioned in the licence.

bit error ratio means the ratio of the number of bit errors to the total number of bits transmitted in a given time interval.

conducted spurious power means the power of conducted spurious radio frequency signals generated from components and wiring in a transmitter or receiver and conducted to the input terminals of the transmitter or receiver.

duty cycle means the ratio of the period of time a transmitter is transmitting in a given period of time to the given period of time.

fixed licence (point to multipoint station) means a fixed licence authorising the holder to operate a point to multipoint station.

fixed licence (point to point station) means a fixed licence authorising the holder to operate a point to point station.

fixed licence (sound outside broadcast station) means a fixed licence authorising the holder to operate a sound outside broadcast station.

fixed licence (television outside broadcast network station) means a fixed licence authorising the holder to operate a television outside broadcast network station.

fixed licence (television outside broadcast station) means a fixed licence authorising the holder to operate a television outside broadcast station.

fixed licence (television outside broadcast system station) means a fixed licence authorising the holder to operate a television outside broadcast system station.

licence means:

 (a) a fixed licence (point to multipoint station); or

 (b) a fixed licence (point to point station); or

 (c) a fixed licence (sound outside broadcast station); or

 (d) a fixed licence (television outside broadcast network station); or

 (e) a fixed licence (television outside broadcast station); or

 (f) a fixed licence (television outside broadcast system station).

licensee means:

 (a) the holder of a licence; or

 (b) a person authorised by the holder of a licence to operate a fixed station under the licence.

maximum beamwidth of antenna in Eplane means the angle between the half power points of an antenna measured in the plane of the electric field.

MF or HF band means the frequency bands consisting of medium frequencies and high frequencies.

mid band gain means the antenna gain in the centre of the frequency band of operation.

minimum front/back ratio means the minimum ratio of the maximum directivity of an antenna in the forward direction to its directivity in a specified backward direction.

remote control station means a fixed station established at a fixed location to achieve remote control of a base station and a supplementary base station (if any).

remote station means a fixed station that communicates with a base station or a supplementary base station (if any).

supplementary base station means a point to multipoint station used with a base station to communicate with at least 1 remote station.

VHF band means the frequency bands consisting of very high frequencies.

Note 1  In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

 ACMA

 Australia

 frequency band

 import

Note 2  In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this Determination have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:

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

Part 2 Conditions for fixed licence (point to point station)

4 Conditions

  For paragraph 107(1)(f) of the Act, every fixed licence (point to point station) is subject to the conditions in this Part.

5 Technical performance of antenna

 (1) If the licensee operates a point to point station to transmit on a frequency mentioned in column 2 of an item in Schedule 1, the licensee must operate the station using:

 (a) the antenna specified in the licence; or

 (b) if no antenna is specified in the licence — an antenna that complies with the requirements mentioned in columns 3, 4 and 5 of the item.

Note   The requirements in columns 3, 4 and 5 of the items in Schedule 1 are minimum requirements only. Every licensee is encouraged to use an antenna exceeding those requirements if possible.

 (2) If the licensee operates a point to point station to transmit on a frequency that is not mentioned in column 2 of an item in Schedule 1, the licensee must operate the station using:

 (a) the antenna specified in the licence; or

 (b) if no antenna is specified in the licence — an antenna that can be used in operating the station without causing harmful interference to a service provided by another station.

Part 3 Conditions for fixed licences (point to multipoint station), except licences for stations used to provide distance education services or stations that operate in the 1 GHz to 275 GHz frequency band

6 Conditions

 (1) Subject to subsection (2), for paragraph 107(1)(f) of the Act, every fixed licence (point to multipoint station) is subject to the conditions in this Part.

 (2) Subsection (1) does not apply to a fixed licence (point to multipoint station) that authorises the operation of:

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

 (b) a station that operates in the 1 GHz to 275 GHz frequency band.

7 Restrictions on communications

  The licensee of a fixed licence (point to multipoint station) must operate a fixed station only to communicate with other stations to which the licence relates.

8 Supplementary base stations

  If the licensee operates a supplementary base 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 only using the receive or transmit frequencies specified on the licence for the base station; and

 (c) must operate the station only to overcome deficiencies within the coverage area of the base station; and

 (d) must not operate the station to extend the coverage area of the base station.

9 Remote stations

 (1) For 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 or supplementary base station (if any) using the receive or transmit frequencies specified in the licence for the base station.

 (2) The licensee must not operate a remote station for data transmission, telecommand or telemetry if:

 (a) the duty cycle of the station is more than 1 in 30; or

 (b) the duration of a transmission from the station is more than 2 seconds; or

 (c) the minimum repetition interval of the station is less than 10 seconds.

 (3) If the licensee operates a remote station for data transmission, telecommand or telemetry in accordance with column 2 of an item in Schedule 2, the licensee must operate the station using the transmitter output power mentioned in column 3 of the item.

 (4) The licensee may operate a remote station for purposes other than data transmission, telecommand or telemetry if it is operated:

 (a) using the maximum transmitter output power specified in the licence; or

 (b) if no power is specified on the licence — using a maximum transmitter output power of 1 watt at the antenna input.

 (5) If a remote station is located in a central business district of a city or town, the licensee:

 (a) must not locate the antenna of the station more than 30 metres above the average surrounding ground level; and

 (b) must fit a device between the transmitter and the antenna that provides intermodulation performance equivalent to, or better than, the intermodulation performance achieved by a 20 dB inline attenuator.

10 Remote control stations

 (1) If the licensee operates a remote control 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 or supplementary base station (if any) using the receive or transmit frequencies specified in the licence for the base station; and

 (c) must not operate the station unless it is operated using a maximum transmitter output power not exceeding 1 watt at the antenna input.

 (2) If the licensee operates a remote control station for data transmission, telecommand or telemetry, the licensee must operate the station using a transmitter output power that does not exceed the power necessary to achieve a wanted receive signal level of 10 dB above the input signal level required to achieve a bit error ratio of 1 in 1000 at the base station.

 (3) If a remote control station is located in a central business district of a city or town, the licensee:

 (a) must not locate the antenna of the station more than 30 metres above the average surrounding ground level; and

 (b) must fit a device between the transmitter and the antenna that provides intermodulation performance equivalent to, or better than, the intermodulation performance achieved by a 20 dB inline attenuator.

11 Short range communications

 (1) This section applies if a licensee of a fixed licence (point to multipoint station) operates a fixed station to communicate with another station not more than 100 metres from it.

 (2) The licensee must operate the fixed station:

 (a) in a manner that ensures that any transmitter or receiver conducted spurious power is less than minus 45 dBm; and

 (b) using an external antenna located not more than 10 metres above ground level; and

 (c) in a manner that ensures that the transmitter noise power does not exceed minus 60 dBm in a 10 kHz bandwidth at an offset that is at least 300 kHz from the frequency specified on the licence.

 (3) If the licensee operates the fixed station in a temperature range of 0–40 degrees Celsius (inclusive), the licensee must operate the station using adjacent channel power not exceeding minus 30 dBm in a 10 kHz bandwidth that is centred in the upper or lower 12.5 kHz channel adjoining the bandwidth specified on the licence.

Part 3A Conditions for fixed licences (point to multipoint station) used to provide distance education services

11A Conditions

  For paragraph 107(1)(f) of the Act, every fixed licence (point to multipoint station) for a station used to provide distance education services is subject to:

 (a) the conditions in this Part; and

 (b) if a condition in Part 3B or 3C is applicable to the licence – that condition.

11B Transmitter output power

  The licensee of a fixed licence (point to multipoint station) must not operate a station authorised under the licence at a transmitter output power greater than the power sufficient to achieve efficient communications.

11C Restrictions on communications

  The licensee of a fixed licence (point to multipoint station) must only operate a fixed station authorised under the licence:

 (a) to communicate with other stations to which the licence relates; or

 (b) if no other satisfactory means of communication is available, to transmit or receive messages in relation to distress or emergency situations.

11D Call signs

  When operating a station authorised under a fixed licence (point to multipoint station), the licensee must:

 (a) use:

 (i) the call sign allocated by the ACMA; or

 (ii) another form of identification that clearly identifies the station; and

 (b) transmit the call sign or form of identification at the start of each transmission or series of transmissions.

Part 3B Conditions for fixed licences (point to multipoint station) MF or HF stations

11E Technical performance of base stations operating in the MF or HF bands

 (1) Subsection (2) applies to a base station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the MF or HF bands; and

 (b) is operating single sideband suppressed carrier radiotelephony equipment.

 (2) The station must comply with the requirements of any applicable standard made under section 162 of the Act as in force at the time when:

 (a) if the station was manufactured in Australia — the day it was manufactured;

 (b) if the station was manufactured overseas and imported — the day it was imported;

 (c) if the station was altered or modified in a material respect in Australia — the day it was altered or modified.

11F Technical performance of remote stations operating in the MF or HF bands

 (1) Subsection (2) applies to a remote station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the MF or HF bands; and

 (b) is operating single sideband suppressed carrier radiotelephony equipment.

 (2) The station must comply with the requirements of any applicable standard made under section 162 of the Act as in force at the time when:

 (a) if the station was manufactured in Australia — the day it was manufactured;

 (b) if the station was manufactured overseas and imported — the day it was imported;

 (c) if the station was altered or modified in a material respect in Australia — the day it was altered or modified.

11G Transmitter output power for remote stations operating in the MF or HF bands

 (1) Subsection (2) applies to a remote station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the MF or HF bands; and

 (b) is operating single sideband suppressed carrier radiotelephony equipment.

 (2) The station must not be operated using transmitter output power of more than 100 watts pX.

11H Additional conditions for remote stations operating in the MF or HF bands

 (1) Subsection (2) applies to a remote station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the MF or HF bands; and

 (b) is operating single sideband suppressed carrier radiotelephony equipment.

 (2) The station must not be operated:

 (a) if its operation causes harmful interference to a service provided by another station; or

 (b) to transmit to the base station unless it uses a frequency specified in the licence for the base station.

 

Part 3C Conditions for fixed licences (point to multipoint station) VHF stations

11I Technical performance for base stations operating in the VHF bands

 (1) Subsection (2) applies to a base station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the VHF bands; and

 (b) is operating VHF radiotelephony equipment.

 (2) The station must comply with the requirements of any applicable standard made under section 162 of the Act as in force at the time when:

 (a) if the station was manufactured in Australia — the day it was manufactured;

 (b) if the station was manufactured overseas and imported — the day it was imported;

 (c) if the station was altered or modified in a material respect in Australia — the day it was altered or modified.

11J Supplementary base stations operating in the VHF bands

 (1) Subsection (2) applies to a supplementary base station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the VHF bands; and

 (b) is operating VHF radiotelephony equipment.

 (2) The station must not be operated:

 (a) if its operation causes harmful interference to a service provided by another station; and

 (b) unless it uses a frequency specified in the licence for the base station; and

 (c) unless it is used to overcome a deficiency within the coverage area of the base station.

11K Additional conditions for remote stations operating in the VHF bands

 (1) Subsections (2) and (3) apply to a remote station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the VHF bands; and

 (b) is operating VHF radiotelephony equipment.

 (2) The station must not be operated if its operation causes harmful interference to a service provided by another station.

 (3) The station must not transmit to a base station or supplementary base station (if any) unless the transmission uses a frequency specified in the licence for the base station.

11L Remote control stations operating in the VHF bands

 (1) Subsections (2) and (3) apply to a remote control station authorised under a fixed licence (point to multipoint station) if the station:

 (a) is operating in the VHF bands; and

 (b) is operating VHF radiotelephony equipment.

 (2) The station must not be operated:

 (a) if its operation causes harmful interference to a service provided by another station; and

 (b) unless it uses a frequency specified in the licence for the base station; and

 (c) if the maximum transmitter output power exceeds 1 watt at the antenna input.

 (3) If the station is located in a town:

 (a) the antenna of the station must not be more than 30 metres above the average surrounding ground level; and

 (b) a device must be fitted between the transmitter and the antenna that provides intermodulation performance equivalent to, or better than, the intermodulation performance achieved by a 20 dB in-line attenuator.

Part 3E Conditions for fixed licences (point to multipoint station) for stations that operate in the 1 GHz to 275 GHz frequency band

11R Conditions

  For paragraph 107(1)(f) of the Act, every fixed licence (point to multipoint station) for a station that operates in the 1 GHz to 275 GHz frequency band is subject to the conditions in this Part.

11S 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 in the licence for the base station.

11T Adjacent channel interference

 (1) If the station is a base station that operates using time division duplex in the 1900 MHz to 1920 MHz band, the 3400 MHz to 3700 MHz band or the 5600-5650 MHz band, the licensee:

 (a) must not cause harmful interference to a base station receiver operating on an adjacent channel that:

 (i) operates using time division duplex; and

 (ii) is operated in accordance with its licence; and

 (b) cannot claim protection from harmful interference caused by a base station operating on an adjacent channel that:

 (i) operates using time division duplex; and

 (ii) is operated in accordance with its licence.

 (2) The licensee is taken to have complied with subsection (1) in relation to another licensee if the licensees:

 (a) align transmission and reception timing as soon as practicable to avoid the interference; or

 (b) make other arrangements that avoid the interference.

 (3) In this section:

adjacent channel, in relation to a licence, means a frequency band that:

 (a) is within the 1 GHz to 275 GHz frequency band; and

 (b) is immediately adjacent to the frequency band to which the licence relates.

11U Transmit power control

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

Part 4 Condition for fixed licence (sound outside broadcast station)

12 Condition

  For paragraph 107(1)(f) of the Act, every fixed licence (sound outside broadcast station) is subject to the condition in this Part.

13 Harmful interference

  The licensee must not operate a sound outside broadcast station if its operation causes harmful interference to a service provided by another station.

Note   All licensees of sound outside broadcast stations operating in the same coverage area share the frequencies specified in their licence.

 

Part 5 Condition for fixed licence (television outside broadcast station)

14 Condition

  For paragraph 107(1)(f) of the Act, every fixed licence (television outside broadcast station) is subject to the condition in this Part.

15 Harmful interference

  The licensee must not operate a television outside broadcast station if its operation causes harmful interference to a service provided by another station.

Note   The licensee may operate one television outside broadcast station under the licence, in the area specified in the licence.

Part 6 Condition for fixed licence (television outside broadcast network station)

16 Condition

  For paragraph 107(1)(f) of the Act, every fixed licence (television outside broadcast network station) is subject to the condition in this Part.

17 Harmful interference

  The licensee must not operate a television outside broadcast network station if its operation causes harmful interference to a service provided by another station.

Note   The licensee may operate one or more television outside broadcast network stations under the licence.

 

Part 7 Condition for fixed licence (television outside broadcast system station)

21 Condition

  For paragraph 107(1)(f) of the Act, every fixed licence (television outside broadcast system station) is subject to the condition in this Part.

22 Harmful interference

  The licensee must not operate a television outside broadcast system station if its operation causes harmful interference to a service provided by another station.

Note   The licensee may operate one or more television outside broadcast system stations under the licence, in the area specified in the licence.

 

Schedule 1 Requirements for the antenna of a point to point station

(section 5)

 

 

Column 1

Item no.

Column 2

Frequency of point to point station


(MHz)

Column 3

Maximum beamwidth of antenna in Eplane

(degrees)

Column 4

Minimum front/back ratio of antenna

(dB)

Column 5

Mid band gain of antenna



(dBi)

Column 6

Example of suitable antenna

1

148174

44

20

12

6 element Yagi antenna

2

403520

36

17

13

9 element Yagi antenna

3

820960

30

20

16

15 element Yagi antenna

Note   The maximum beamwidth of an antenna is measured between the 3 dB points.

Schedule 2 Transmitter power levels for a remote station

(subsection 9 (3))

 

 

Column 1

Item no.

Column 2

Operation of station

Column 3

Power levels

1

The station is operated to transmit on the frequency band 451.5452.5 MHz or 853.5854.0 MHz

Transmitter output power must not exceed 5 watts at the antenna input

3

The station is operated to transmit on any other frequency band

Transmitter output power must not exceed 1 watt at the antenna input

 

Endnotes

Endnote 1 About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

rep = repealed

am = amended

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Radiocommunications Licence Conditions (Fixed Licence) Determination 2015

14 September 2015
(see F2015L01430)

15 September 2015

 

Radiocommunications Licence Conditions (Fixed Licence) Determination Variation 2018 (No.1)

12 November 2018
(see F2018L01564)

13 November 2018

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 1A....................

Rep LA s 48D

s 1B....................

Rep LA s 48C

s 11T...................

am. No.1 of 2018