Radiocommunications (Television Outside Broadcasting) (2010–2110 MHz and 2200–2300 MHz) Frequency Band Plan 2022

Dated: 23 June 2022

 James Cameron

[signed]

Member

Cathy Rainsford

[signed]

Member/General Manager

1  Name

  This is the Radiocommunications (Television Outside Broadcasting) (2010–2110 MHz and 2200–2300 MHz) Frequency Band Plan 2022.

2  Commencement

  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.

3  Revocation

  The Television Outside Broadcast Service (1980–2110 MHz and 2170–2300 MHz) Frequency Band Plan 2012 (F2012L00731) is revoked.

4  Authority

  This instrument is made under subsection 32(1) of the Act.

5  Interpretation

 (1) In this instrument:

airborne television outside broadcast station means a television outside broadcast station that is on board an aircraft.

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

fixed service (point to point) means radiocommunications made by the operation of a radiocommunications transmitter authorised by a fixed licence (point to point station).

GDA94 means the geodetic datum designated as the “Geocentric Datum of Australia (GDA)”, gazetted in the Commonwealth of Australia Gazette No. GN 35, on 6 September 1995, as existing on that date.

Note 1: The Commonwealth of Australia Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: More information on GDA94 can be obtained, free of charge, from Geoscience Australia at www.ga.gov.au and from the Intergovernmental Committee on Surveying and Mapping at www.icsm.gov.au.

television outside broadcast service means radiocommunications made by the operation of a television outside broadcast station.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

• aircraft;
• frequency band;
• operate;
• radiocommunication;
• radiocommunications transmitter;
• spectrum plan.

Note 2: A number of other expressions used in this instrument may be defined in a determination made under section 64 of the Australian Communications and Media Authority Act 2005. At the time this instrument was made, the following expressions were defined in such a determination:

• Act;
• earth station;
• earth receive station;
• fixed licence;
• point to point station;
• television outside broadcast station.

 (2) In this instrument, unless otherwise specified, a reference to a frequency band, or a part of a frequency band, includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Note: This subsection means the lower number in the reference to a frequency band, or a part of the frequency band, is not included in the frequency band or part.

 (3) In this instrument, geographic coordinates describing a point do so with reference to GDA94.

 (4) In this instrument, unless the contrary intention appears, where an area (first area) overlaps a second area, the first area is taken to be part of the second area.

6  References to other instruments

  In this instrument, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

7  Purposes of 2010–2110 MHz and 2200–2300 MHz frequency bands

 (1) The 2010 MHz to 2110 MHz frequency band may be used for the following purposes:

(a) a television outside broadcast service;

(b) subject to section 8, a fixed service (point to point);

(c) subject to section 9, the operation of an earth station in the 2025 MHz to 2110 MHz frequency band;

(d) if column 2 of the Table of Frequency Band Allocations in Part 2 of the spectrum plan mentions another service for the entire frequency band – subject to this instrument, that service; and

(e) if column 2 of the Table of Frequency Band Allocations in Part 2 of the spectrum plan mentions another service for a part of the frequency band – subject to this instrument, that service in that part of the frequency band.

 (2) The 2200 MHz to 2300 MHz frequency band may be used for the following purposes:

(a) a television outside broadcast service, other than a service involving the operation of an airborne television outside broadcast station;

(b) subject to section 8, a fixed service (point to point);

(c) subject to section 9, the operation of an earth receive station;

(d) if column 2 of the Table of Frequency Band Allocations in Part 2 of the spectrum plan mentions another service for the entire frequency band – subject to this instrument, that service; and

(e) if column 2 of the Table of Frequency Band Allocations in Part 2 of the spectrum plan mentions another service for a part of the frequency band – subject to this instrument, that service in that part of the frequency band.

8  Fixed service (point to point)

 (1) A frequency band specified in section 7 must only be used for the purposes of a fixed service (point to point) in accordance with this section.

 (2) The 2010 MHz to 2110 MHz frequency band must not be used for the purposes of a fixed service (point to point) in an area described in item 1 of Schedule 1.

 (3) If the 2010 MHz to 2110 MHz frequency band is used for the purposes of a fixed service (point to point) in the area described in item 1 of Schedule 2, the service is operated as a secondary service for the purposes of the spectrum plan.

Note: See section 6 of the spectrum plan.

 (4) The 2200 MHz to 2300 MHz frequency band must not be used for the purposes of a fixed service (point to point) in an area described in item 2 of Schedule 1.

9  Use of earth stations and earth receive stations

 (1) A frequency band specified in section 7 must only be used for the purposes of operating an earth station or earth receive station in accordance with this section.

 (2) The part of the 2010 MHz to 2110 MHz frequency band above 2025 MHz must not be used for the purposes of operating an earth station in the Perth area.

 (3) The 2200 MHz to 2300 MHz frequency band must not be used for the purposes of operating an earth receive station in the Perth area.

 (4) In this section, Perth area means the area described by a circle with a radius of 15 kilometres whose centre is located at latitude 31.802522 South and longitude 115.885160 East.

Schedule 1 Areas not for fixed service (point to point)

    (subsections 8(2) and (4))

1  Areas not for fixed service (point to point) – 2010 MHz to 2110 MHz

  Each circle:

(a) centred at a point with the latitude in an item in column 1 and the longitude in the corresponding item in column 2; and

(b) with a radius of 150 kilometres;

is an area described in this item for the purposes of subsection 8(2).

2  Areas not for fixed service (point to point) – 2200 MHz to 2300 MHz

  Each circle:

(a) centred at a point with the latitude in an item in column 1 and the longitude in the corresponding item in column 2; and

(b) with a radius of 150 kilometres;

is an area described in this item for the purposes of subsection 8(4).

Schedule 2 Area for fixed service (point to point) – where secondary service

  (subsection 8(3))

1  Area for fixed service (point to point) – where secondary service

  The area bounded by the polygon:

(a) starting at the point with the latitude in column 1 of item 1 and the longitude in column 2 of item 1 (starting point); and

(b) moving sequentially through each point (after the starting point) with the latitude in an item in column 1 and the longitude in the corresponding item in column 2; and

(c) after the last point, returning to the starting point;

but excluding each area described in item 2, is the area described in this item for the purposes of subsection 8(3).

2  Areas excluded from the area in item 1

  For item 1, each circle:

(a) centred at a point with the latitude in an item in column 1 and the longitude in the corresponding item in column 2; and

(b) with a radius of 150 kilometres;

is an area described in this item.