Radiocommunications Spectrum Marketing Plan (3.4/3.7 GHz Bands) 2023

Dated: 22 June 2023

James Cameron

[signed]
Member

Linda Caruso

[signed]
Member/General Manager

Table of Contents

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Purpose of the instrument

5  Interpretation

6  References to other instruments

Part 2—Allocation of spectrum licences

7  Simplified outline of this Part

8  Parts of the spectrum

9  How spectrum licences will be allocated

10  The allocation process

11  Advertising the allocation process

12  Participating in the allocation process

Part 3—Spectrum licences to be issued

13  Simplified outline of this Part

14  Issue of spectrum licences and payment of spectrum access charges

15  Commencement of spectrum licences

16  Duration of spectrum licences

17  Statements relating to renewal

18  Core licence conditions

19  Determining core licence conditions

20  Other licence conditions

21  Registration of radiocommunications transmitters

22  Sample spectrum licence

23  Advisory guidelines

Part 4—After allocation

24  Simplified outline of this Part

25  Registration of spectrum licences

26  Third party use

27  Trading in spectrum licences

28  Agreements about emission limits

29  Spectrum licences that are about to expire

30  Renewal of spectrum licences

31  Re-allocation of spectrum licences

Schedule 1—3.7 GHz products

Schedule 2—3.4 GHz products

Schedule 3—Leftover lots

Schedule 4—Regions

Schedule 5—Emission limits outside the area

Schedule 6—Emission limits outside the band

Schedule 7—Sample spectrum licence

Part 1—Preliminary

1  Name

  This is the Radiocommunications Spectrum Marketing Plan (3.4/3.7 GHz Bands) 2023.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 39A of the Radiocommunications Act 1992.

4  Purpose of the instrument

  This instrument describes the following:

 (a) the procedures for allocating and issuing spectrum licences in the parts of the 3.4/3.7 GHz bands specified in the re-allocation declaration;

 (b) the spectrum licences that will be allocated by the ACMA in accordance with this instrument;

 (c) some of the matters a licensee must take into account when operating radiocommunications devices under a spectrum licence to be allocated and issued in accordance with this instrument;

 (d) some of the other matters which a person should take into account when deciding whether to participate in a price-based allocation for a spectrum licence to be allocated and issued in accordance with this instrument.

5  Interpretation

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

(a) ACMA;

(b) apparatus licence;

(c) core condition;

(d) frequency band;

(e) interference;

(f) licensee;

(g) part (in relation to a spectrum licence);

(h) public interest statement;

(i) radio emission;

(j) radiocommunications device;

(k) radiocommunications receiver;

(l) radiocommunications transmitter;

(m) Register;

(n) renewal application period;

(o) renewal application period statement;

(p) renewal decision-making period;

(q) renewal decision-making period statement;

(r) renewal statement;

(s) spectrum;

(t) spectrum licence;

(u) spectrum plan.

 (1) In this instrument:

3.4/3.7 GHz bands means the following parts of the spectrum:

 (a) the 3.4 GHz band; and

 (b) the 3.7 GHz band.

3.4 GHz auction has the same meaning as in the allocation determination.

3.4 GHz band means the part of the spectrum from 3400 MHz to 3575 MHz.

3.4 GHz product: see subsection 10(3).

3.7 GHz auction has the same meaning as in the allocation determination.

3.7 GHz band means the part of the spectrum from 3700 MHz to 3800 MHz.

3.7 GHz product: see subsection 10(2).

AAS means an antenna system where the amplitude and/or phase between multiple antenna elements is continually adjusted, resulting in an antenna pattern that varies in response to short term changes in the radio environment.

Note: AAS stands for active antenna system.

Act means the Radiocommunications Act 1992.

adjacent licensee: see subsection 10(14).

adjacent product: see paragraph 10(8)(c).

advisory guidelines means one or both of the following:

 (a) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015;

 (b) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2015.

Note: The advisory guidelines are registered on the Federal Register of Legislation and are available, free of charge, at www.legislation.gov.au.

aeronautical radionavigation service has the same meaning as in the spectrum plan.

allocation determination means the Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023.

Note: The allocation determination is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

allocation process has the same meaning as in the allocation determination.

applicant has the same meaning as in the allocation determination.

applicant information package has the same meaning as in the allocation determination.

ASMG means the Australian Spectrum Map Grid 2012 published by the ACMA on its website at www.acma.gov.au.

Note: The ASMG is available, free of charge, on the ACMA website at www.acma.gov.au.

assignment round has the same meaning as in the allocation determination.

assignment stage has the same meaning as in the allocation determination.

balance of the total winning price has the same meaning as in the allocation determination.

bidder has the same meaning as in the allocation determination.

earth station has the same meaning as in:

 (a) the Radiocommunications (Interpretation) Determination 2015; or

 (b) if another instrument replaces that determination and defines the term – the other instrument.

Note: The Radiocommunications (Interpretation) Determination 2015 is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

earth station protection zone has the same meaning as in:

 (a) RALI MS 44; or

 (b) if the ACMA publishes a document that replaces RALI MS 44 – that document.

EIRP has the same meaning as in:

 (a) the Radiocommunications (Interpretation) Determination 2015; or

 (b) if another instrument replaces that determination and defines the term – the other instrument.

Note: The Radiocommunications (Interpretation) Determination 2015 is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

eligibility deadline has the same meaning as in the allocation determination.

eligibility nomination form has the same meaning as in the allocation determination.

extended eligibility deadline has the same meaning as in the allocation determination.

geographic area, for a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.

HCIS means the cell grouping hierarchy scheme used to describe areas in the ASMG.

HCIS identifier means an identifier used to describe an area in the HCIS.

leftover lot: see subsection 10(8).

Licence Schedule means a schedule to the sample spectrum licence.

lot: see subsections 10(4) and 10(9).

lot bandwidth: see subsection 10(10).

lot rating has the same meaning as in the allocation determination.

metropolitan product: see subsection 10(5).

pre-bidding round has the same meaning as in the allocation determination.

primary price has the same meaning as in the allocation determination.

primary stage has the same meaning as in the allocation determination.

product means a 3.4 GHz product or a 3.7 GHz product.

RALI MS 44 means the Radiocommunications Assignment and Licensing Instruction No. MS 44 Frequency coordination procedures for the earth station protection zones, published by the ACMA.

Note: All Radiocommunications Assignment and Licensing Instructions made by the ACMA are available, free of charge, from the ACMA’s website at www.acma.gov.au.

re-allocation declaration means the Radiocommunications (Spectrum Re-allocation – 3.4 GHz and 3.7 GHz Bands) Declaration 2022.

Note: The re-allocation declaration is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

re-allocation period means the re-allocation period specified in the re-allocation declaration.

region: see clause 1 of Schedule 4.

regional product: see subsection 10(6).

related body corporate has the same meaning as in the Corporations Act 2001.

residual lot has the same meaning as in the allocation determination.

RQZ:

 (a) has the same meaning as in the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023; or

 (b) if the ACMA makes an instrument to replace that frequency band plan – means the area specified in that instrument where specified frequency bands are to be used for one or more of the following:

 (i) radio astronomy services;

 (ii) the prevention or control of interference with radio astronomy services;

 (iii) additional services mentioned in the instrument.

Note: The Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023 is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

sample spectrum licence: see section 22.

secondary price has the same meaning as in the allocation determination.

secondary stage has the same meaning as in the allocation determination.

set price has the same meaning as in the allocation determination.

start demand has the same meaning as in the allocation determination.

total assignment price has the same meaning as in the allocation determination.

winning bidder has the same meaning as in the allocation determination.

winning price has the same meaning as in the allocation determination.

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

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

6  References to other instruments

  In this instrument, unless the contrary intention appears:

 (a) a reference to another 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 and are available, free of charge, at www.legislation.gov.au.

Note 3: See section 314A of the Act.

Part 2—Allocation of spectrum licences

7  Simplified outline of this Part

This Part describes the procedures for allocating spectrum licences that authorise the operation of radiocommunications devices in the 3.4/3.7 GHz bands.

8  Parts of the spectrum

  The ACMA will allocate and issue spectrum licences for spectrum in the 3.4/3.7 GHz bands in the manner described in this instrument and the allocation determination.

9  How spectrum licences will be allocated

 (1) Subject to subsection (3), spectrum licences for spectrum in the parts of the 3.4 GHz band specified in the re-allocation declaration will be allocated in accordance with the procedures set out in the allocation determination.

 (2) Spectrum licences for spectrum in the parts of the 3.7 GHz band specified in the re-allocation declaration will be allocated in accordance with the procedures set out in the allocation determination.

Note: Neither the ACMA nor the Commonwealth accepts any liability for any loss or damage suffered by any person participating in the allocation process. Any person intending to participate in either auction should obtain independent legal, technical and financial advice before applying.

 (3) Some parts of spectrum licences for spectrum in the 3.4 GHz band will be allocated on the basis of leftover lots, in accordance with subsections 10(14) to 10(19) of this instrument and Division 1 of Part 5, and section 145, of the allocation determination.

10  The allocation process

Generally

 (1) The ACMA has divided up the parts of the 3.4/3.7 GHz bands specified in the re-allocation declaration, other than the leftover lots, into the 3.7 GHz products described in Schedule 1 and the 3.4 GHz products described in Schedule 2.

 (2) Each 3.7 GHz product:

 (a) is characterised by:

 (i) the region for the product, specified in column 4 of the table in Schedule 1; and

 (ii) the frequency range for the product specified in column 3 of the table in Schedule 1; and

 (b) has the name specified in column 2 of the table in Schedule 1.

 (3) Each 3.4 GHz product:

 (a) is characterised by:

 (i) the region for the product, specified in column 4 of the table in Schedule 2; and

 (ii) the frequency range for the product specified in column 3 of the table in Schedule 2; and

 (b) has the name specified in column 2 of the table in Schedule 2.

 (4) The number of units of each product that will be available is set out in:

 (a) for each 3.7 GHz product – column 5 of the relevant item of the table in Schedule 1;

 (b) for each 3.4 GHz product – column 5 of the relevant item of the table in Schedule 2.

  A unit of a product is referred to in this instrument as a lot.

 (5) Each of the following products is a metropolitan product:

 (a) Adelaide Upper;

 (b) Brisbane Upper;

 (c) Canberra Upper;

 (d) Hobart Lower;

 (e) Hobart Middle;

 (f) Hobart Upper;

 (g) Melbourne Upper;

 (h) Perth Upper;

 (i) Rural TAS Upper;

 (j) Sydney Upper.

 (6) Other than the Regional WA Central Middle product, each product that is not a metropolitan product is a regional product.

Note: The Regional WA Central Middle product is neither a metropolitan product nor a regional product. The leftover lots are not lots of a product, and therefore are neither a metropolitan product nor a regional product.

 (7) The parts of the 3.4 GHz band specified in the re-allocation declaration that are not divided into products have been divided into the leftover lots described in Schedule 3.

 (8) Each leftover lot:

 (a) is characterised by:

 (i) the region for the leftover lot, specified in column 3 of the table in Schedule 3; and

 (ii) the frequency range for the leftover lot, specified in column 2 of the table in Schedule 3; and

 (b) has the name specified in column 1 of the table in Schedule 3; and

 (c) is adjacent to the product (adjacent product) specified in column 4 of the table in Schedule 3.

Note 1: The leftover lots are not lots of a product.

Note 2: The adjacent product for a leftover lot shares a frequency boundary with, and has the same region as, the leftover lot.

 (9) In this instrument, each of the leftover lots is also a lot.

 (10) The lot bandwidth for a lot is:

 (a) for a lot other than a leftover lot – 5 MHz: or

 (b) for a leftover lot – 2.5 MHz.

 (11) The ACMA will set a lot rating for the lots of each product under the allocation determination.

 (12) There is no lot rating for a leftover lot.

 (13) The allocation process will be held in accordance with the procedures set out in the allocation determination. Subject to this instrument and the allocation determination, all lots of each product, and all leftover lots, will be available for allocation in accordance with the allocation determination.

The leftover lots

 (14) The person named in column 5 of the table in Schedule 3 for a leftover lot is the adjacent licensee for that lot.

 (15) In accordance with the allocation determination, if:

 (a) the adjacent licensee for a leftover lot (the relevant leftover lot); or

 (b) a related body corporate of the adjacent licensee for a leftover lot;

  is an applicant, that applicant may, in the eligibility nomination form, apply for direct allocation of the relevant leftover lot, at the set price for that lot.

 (16) Subject to the allocation determination, immediately after the eligibility deadline or the extended eligibility deadline (if any), each person who applies for a leftover lot in accordance with subsection (15) will be directly allocated that leftover lot.

Note: See Division 1 of Part 5 of the allocation determination.

 (17) If a person is directly allocated a leftover lot in accordance with subsection (16), the set price for the leftover lot will form part or all of the winning price to be paid by the person.

 (18) If:

 (a) a leftover lot is not allocated in accordance with subsection (16); and

 (b) in the primary stage or secondary stage (if any) of the 3.4 GHz auction, one or more bidders is allocated a lot of the adjacent product for the leftover lot;

  then:

 (c) subject to the allocation determination, the frequency range options provided to each bidder participating in the assignment round for the adjacent product will include an option that covers the frequencies of the leftover lot; and

 (d) the leftover lot may be allocated to one of those bidders.

Note 1: See Division 3 of Part 6 of the allocation determination.

Note 2: If the leftover lot is allocated to a bidder in the assignment stage of the 3.4 GHz auction, the set price for the leftover lot does not form part of the winning price to be paid by the bidder.

Stages of each auction

 (19) The 3.7 GHz auction and the 3.4 GHz auction will be carried out as follows:

 (a) subject to the allocation determination, immediately after the eligibility deadline, or the extended eligibility deadline (if any), one or more leftover lots may be directly allocated to the adjacent licensee, or a related body corporate of the adjacent licensee, for the leftover lot;

 (b) the primary stage of the 3.7 GHz auction will be conducted, at which lots of 3.7 GHz products are offered and which determines the number of lots of each product allocated to, and the primary price to be paid by, each winning bidder in accordance with the allocation determination;

 (c) the secondary stage of the 3.7 GHz auction (if any) will be conducted, at which residual lots of 3.7 GHz products are offered and which determines the number of such lots allocated to, and the secondary price to be paid by, each winning bidder in accordance with the allocation determination;

 (d) the assignment stage of the 3.7 GHz auction will be conducted, which determines frequency ranges assigned to the lots of each 3.7 GHz product allocated to each winning bidder, and the total assignment price to be paid in accordance with the allocation determination;

 (e) the primary stage of the 3.4 GHz auction will be conducted, at which lots of 3.4 GHz products are offered and which determines the number of lots of each product allocated to, and the primary price to be paid by, each winning bidder in accordance with the allocation determination;

 (f) the secondary stage of the 3.4 GHz auction (if any) will be conducted, at which residual lots of 3.4 GHz products are offered and which determines the number of such lots allocated to, and the secondary price to be paid by, each winning bidder in accordance with the allocation determination;

 (g) the assignment stage of the 3.4 GHz auction will be conducted, which:

 (i) determines frequency ranges assigned to the lots of each 3.4 GHz product allocated to each winning bidder, and the total assignment price to be paid in accordance with the allocation determination; and

 (ii) may result in the allocation of leftover lots not allocated in accordance with paragraph (a).

Note: The allocation determination sets out the detailed rules and procedures for each stage of the auctions.

 (20) The primary stage of the 3.7 GHz auction includes a pre-bidding round that allows bidders to enter their start demands and minimum spectrum requirements for 3.7 GHz products, subject to the requirements of the allocation determination. The primary stage of the 3.4 GHz auction includes a pre-bidding round that allows bidders to enter their start demands and minimum spectrum requirements for 3.4 GHz products, subject to the requirements of the allocation determination.

Note: The minimum spectrum requirement for any product is 2 lots.

 (21) The secondary stage of the 3.7 GHz auction (if any) includes a pre-bidding round that allows bidders to enter bids for residual lots they wish to bid on during that stage. The secondary stage of the 3.4 GHz auction (if any) includes a pre-bidding round that allows bidders to enter bids for residual lots they wish to bid on during that stage. If a bidder does not enter a bid for a residual lot during the pre-bidding round in a secondary stage, the bidder cannot make any bid on that lot during any subsequent round of that secondary stage.

Issuing licences

 (22) Subject to the requirements of the Act, any other relevant laws, this instrument and the allocation determination, the ACMA will issue one spectrum licence to each winning bidder allocated one or more lots of 3.7 GHz products. The spectrum licence will be for the number of lots of each 3.7 GHz product allocated to that winning bidder during the 3.7 GHz auction, for the frequency ranges assigned to that person for those lots during the assignment stage of the 3.7 GHz auction, in the region for each relevant 3.7 GHz product.

 (23) Subject to the requirements of the Act, any other relevant laws, this instrument and the allocation determination, the ACMA will issue one spectrum licence to each winning bidder allocated any of the following:

 (a) one or more lots of 3.4 GHz products;

 (b) one or more leftover lots.

  The spectrum licence will be for the number of lots of each 3.4 GHz product allocated to that winning bidder during the 3.4 GHz auction, for the frequency ranges assigned to that person for those lots during the assignment stage of the 3.4 GHz auction, in the region for each relevant 3.4 GHz product, and for the frequency ranges and regions of any leftover lots allocated under the allocation determination.

11  Advertising the allocation process

  The ACMA will publish details of, and invite persons to apply to take part in, the allocation process, in accordance with the allocation determination.

12  Participating in the allocation process

 (1) The ACMA will make available an applicant information package that contains details about application requirements and the allocation process in accordance with the allocation determination. Details of what must be in the applicant information package are in subsection 27(1) of the allocation determination.

 (2) Details of how to apply to take part in the allocation process are set out in Part 4 of the allocation determination.

Part 3—Spectrum licences to be issued

13  Simplified outline of this Part

14  Issue of spectrum licences and payment of spectrum access charges

  Subject to the Act, the allocation determination and other relevant law, the ACMA will issue spectrum licences to a winning bidder, as soon as practicable after the winning bidder pays to the ACMA the balance of the total winning price in accordance with the allocation determination.

15  Commencement of spectrum licences

 (1) A spectrum licence in the 3.4 GHz band issued to a person as a result of the allocation determination will come into force immediately.

 (2) A spectrum licence in the 3.7 GHz band issued to a person as a result of the allocation determination will come into force on the later of:

 (a) the day occurring 8 weeks after the ACMA complies with subsection 92(1) of the allocation determination; or

 (b) the day the licence is issued.

Note: In accordance with section 65 of the Act, a spectrum licence may not come into force before the day it is issued.

16  Duration of spectrum licences

 (1) A spectrum licence in the 3.4 GHz band issued to a person as a result of the allocation determination will remain in force for a period:

 (a) commencing when the licence comes into force; and

 (b) ending on 13 December 2030.

 (2) A spectrum licence in the 3.7 GHz band issued to a person as a result of the allocation determination will remain in force for a period:

 (a) commencing when the licence comes into force; and

 (b) ending on the final day.

Note: The maximum possible period for which a spectrum licence in the 3.7 GHz band will remain in force is 20 years. All spectrum licences in the 3.7 GHz band issued as a result of the allocation determination will cease to be in force immediately after the final day.

 (3) For subsection (2), the final day is the day occurring 20 years and 8 weeks after the ACMA complies with subsection 92(1) of the allocation determination.

Note: In accordance with the Act, a spectrum licence may be surrendered, resumed or cancelled before the period mentioned in subsection (1) or (2) is due to end.

17  Statements relating to renewal

 (1) A spectrum licence in the 3.4 GHz band issued to a person as a result of the allocation determination:

 (a) will include a renewal statement that the licence may be renewed at the discretion of the ACMA; and

 (b) will include a renewal application period statement that specifies the 2 year period ending when the licence is due to expire as the renewal application period for the licence; and

 (c) will include a renewal decision-making period statement that specifies the 6 month period commencing after an application for renewal is made under section 77A of the Act as the renewal decision-making period for the licence; and

 (d) will include a public interest statement.

Note: See section 65A of the Act. A public interest statement is a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied it is in the public interest to do so.

 (2) A spectrum licence in the 3.7 GHz band issued to a person as a result of the allocation determination:

 (a) will include a renewal statement that the licence may be renewed at the discretion of the ACMA; and

 (b) will include a renewal application period statement that specifies a period of 12 months, commencing on the day 5 years before the licence is due to expire, as the renewal application period for the licence; and

 (c) will include a renewal decision-making period statement that specifies the 2 year period commencing immediately after the renewal application period ends, as the renewal decision-making period for the licence; and:

 (d) will not include a public interest statement.

Note: See section 65A of the Act.

18  Core licence conditions

 (1) Section 66 of the Act requires spectrum licences to include the following core conditions:

 (a) a condition specifying the part or parts of the spectrum in which operation of radiocommunications devices is authorised under the licence;

 (b) a condition specifying the maximum permitted level of radio emission, in parts of the spectrum outside such a part, that may be caused by operation of radiocommunications devices under the licence;

 (c) a condition specifying the area within which operation of radiocommunications devices is authorised under the licence;

 (d) a condition specifying the maximum permitted level of radio emission, outside that area, that may be caused by operation of radiocommunications devices under the licence.

 (2) These core conditions will be included in each spectrum licence to be issued as a result of the allocation determination.

Note: These core conditions may be varied by the ACMA, with the licensee’s agreement, under section 72 of the Act.

19  Determining core licence conditions

 (1) For each spectrum licence issued to a person as a result of the allocation determination:

 (a) the parts of the spectrum specified in the licence will be:

 (i) the frequency ranges, or the aggregation of the frequency ranges, assigned to the lots of each 3.7 GHz product or each 3.4 GHz product (as the case may be) allocated to the person in accordance with the allocation determination; and

 (ii) for a spectrum licence issued in the 3.4 GHz band – the frequency ranges of the leftover lots (if any) allocated to the person; and

 (b) the geographic areas for the licence will be:

 (i) for each of the frequency ranges assigned to the lots of a product allocated to the person in accordance with the allocation determination, the region described in Schedule 4 that is the region for lots of that product; and

 (ii) for a spectrum licence issued in the 3.4 GHz band – for each of the frequency ranges of the leftover lots (if any) allocated to the person, the region described in Schedule 4 that is the region for the leftover lot.

 (2) The emission limits outside the geographic area for each spectrum licence to be issued as a result of the allocation determination will be calculated in accordance with Schedule 5.

 (3) The emission limits outside the part or parts of the spectrum for each spectrum licence to be issued as a result of the allocation determination will be calculated in accordance with Schedule 6.

20  Other licence conditions

 (1) Each spectrum licence to be issued as a result of the allocation determination will also include conditions about the following:

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

 (b) use by third parties (section 68 of the Act);

 (c) registration of radiocommunications transmitters (section 69 of the Act);

 (d) residency (section 69A of the Act).

 (2) Each spectrum licence to be issued as a result of the allocation determination will include a condition about coordination of frequencies used for radiocommunications transmitters, for the purposes of the RQZ.

 (3) Each spectrum licence to be issued as a result of the allocation determination will include a condition requiring the licensee to provide protection to any radiocommunications receivers operating in a re-allocation zone in the 3400 MHz to 3800 MHz frequency band in accordance with an apparatus licence, in the manner set out in Parts 3, 4 and 5 of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015.

Note: The Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015 are registered on the Federal Register of Legislation and are available, free of charge, at www.legislation.gov.au.

 (4) In subsection (3), re-allocation zone means:

 (a) in relation to a part of the 3.4 GHz band specified in one of subsections 7(1) to 7(6) of the re-allocation declaration – the area specified in that subsection;

 (b) in relation to a part of the 3.7 GHz band specified in one of subsections 7(7) or 7(8) of the re-allocation declaration – the area specified in that subsection;

 (c) for the part of the spectrum from 3575 MHz to 3700 MHz – the area specified in subsection 5(3) of the Radiocommunications (Spectrum Re-allocation – 3.6 GHz Band for Regional Australia) Declaration 2018.

Note: The Radiocommunications (Spectrum Re-allocation – 3.6 GHz Band for Regional Australia) Declaration 2018 is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

 (5) Each spectrum licence will include a condition requiring the licensee to follow the procedures specified in RALI MS 44 to manage the levels of radio emissions into earth station protection zones in the 3400 MHz to 3800 MHz frequency band.

 (6) Each spectrum licence will include a condition requiring licensees to synchronise operation of radiocommunications devices, operated under the licence, with radiocommunications devices operating under another spectrum licence in the 3400 MHz to 3800 MHz frequency band, in certain circumstances.

Note: This condition will be in the terms set out in condition 11 of Licence Schedule 4 of the sample spectrum licence.

 (7) Each spectrum licence will include a condition requiring radiocommunications transmitters operated in the 3700 MHz to 3800 MHz frequency band not to exceed a total EIRP of 72 dBm/5 MHz.

Note: This condition is intended to assist in the management of interference to aeronautical radionavigation services.

 (8) Each spectrum licence will include a condition requiring the licensee to manage interference to radiocommunications receivers operated for the purposes of the aeronautical radionavigation service operating in the 4200 MHz to 4400 MHz frequency band, in the manner set out in Part 13 of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015.

 (9) Under section 71 of the Act, the ACMA may also include conditions about other matters as it thinks fit.

 (10) Other conditions likely to be included in a spectrum licence are included in the sample spectrum licence. The ACMA may include conditions in a spectrum licence that are not included in the sample spectrum licence.

21  Registration of radiocommunications transmitters

 (1) Each spectrum licence will include a condition that prohibits operation of a radiocommunications transmitter unless the requirements under Part 3.5 of the Act to have the transmitter registered have been met.

Note 1: Under subsection 145(1) of the Act, the ACMA may refuse to include in the Register details of a radiocommunications transmitter that is proposed to be operated under a spectrum licence if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that spectrum licence, or any other licence.

Note 2: Subsection 145(4) of the Act states that the ACMA may determine, by written instrument, what are unacceptable levels of interference for the purposes of section 145 of the Act.

Note 3: At the time this instrument was made, the Radiocommunications (Unacceptable Levels of Interference — 3.4 GHz Band) Determination 2015 sets out what were the unacceptable levels of interference for the purpose of registering radiocommunications transmitters to be operated under a spectrum licence to be issued in accordance with this instrument, and was to be used for the issue of certificates by accredited persons under subsection 145(3) of the Act. The Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2015 is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

 (2) Each spectrum licence will include a condition that states that radiocommunications transmitters that operate in the 3400 MHz to 3800 MHz frequency band with a maximum total radiated power of less than or equal to 28 dBm per occupied bandwidth are exempt from registration.

 (3) Each spectrum licence will include a condition that states that the licensee must ensure that operation of a radiocommunications transmitter that is exempt from registration under subsection (2) does not cause harmful interference to other radiocommunications devices operated under a different spectrum licence or an apparatus licence.

22  Sample spectrum licence

  Schedule 7 sets out a sample spectrum licence (sample spectrum licence) including conditions and statements relating to renewal that may be included in each spectrum licence that is issued in the 3.4 GHz band, and each spectrum licence that is issued in the 3.7 GHz band.

Note: The ACMA may include conditions and statements in a spectrum licence that are not included in the sample spectrum licence and not set out in this Part. The conditions and statements may be varied in accordance with the Act.

23  Advisory guidelines

  The advisory guidelines provide a means of coordinating services operating under spectrum licences with other services.

Part 4—After allocation

24  Simplified outline of this Part

This Part describes various matters that apply after spectrum licences are issued in accordance with this instrument.

25  Registration of spectrum licences

  The ACMA will register all spectrum licences in accordance with Part 3.5 of the Act.

Note: At the time this instrument was made, details about registration were set out in the Radiocommunications (Register of Radiocommunications Licences) Determination 2017, which is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

26  Third party use

  A licensee may authorise other persons to operate radiocommunications devices under any spectrum licence issued to it, provided it does so in accordance with Division 1 of Part 3.2 of the Act.

27  Trading in spectrum licences

 (1) A licensee may assign, or otherwise deal with, the whole or any part of a spectrum licence, provided it does so in accordance with Division 5 of Part 3.2 of the Act.

 (2) The ACMA has made rules under section 88 of the Act to regulate trading in spectrum licences. Subsection 85(2) of the Act requires assignments of the whole or part of any spectrum licence to comply with these rules.

Note: At the time this instrument was made, the rules were set out in the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023, which is registered on the Federal Register of Legislation and is available, free of charge, at www.legislation.gov.au.

28  Agreements about emission limits

 (1) A licensee may enter into an agreement for the purposes of clause 1 of Schedule 5 (about emission limits outside the area of the licence).

 (2) A licensee may enter into an agreement for the purposes of clause 1 of Schedule 6 (about emission limits outside the frequency band of the licence).

29  Spectrum licences that are about to expire

  As required by section 78 of the Act, the ACMA must, from time to time, publish on its website a notice that:

 (a) states where information may be obtained about:

 (i) the spectrum licences that will expire during a period specified in the notice; and

 (ii) the parts of the spectrum to which they relate; and

 (b) invites expressions of interest from persons who wish to have issued to them spectrum licences relating to those parts of the spectrum.

30  Renewal of spectrum licences

 (1) The ACMA may renew spectrum licences in accordance with Division 3A of Part 3.2 of the Act.

 (2) The ACMA may request further information in connection with an application for renewal, in accordance with section 77B of the Act.

 (3) The ACMA must not renew a spectrum licence for a period of 10 years or longer unless satisfied that it is in the public interest to do so, in accordance with subsection 77C(5) of the Act.

 (4) If the ACMA renews a spectrum licence, the conditions of the new spectrum licence need not be the same as those of the licence it replaces.

31  Re-allocation of spectrum licences

  If a spectrum licence is not renewed, the ACMA may re-allocate the spectrum licence in accordance with section 80 of the Act, and issue it to the person to whom it is re-allocated.

Schedule 1—3.7 GHz products

(subsections 10(1), (2) and (4))

Note 1: Column 1 is included for information only.

Note 2: The leftover lots are not lots of a product.

Schedule 2—3.4 GHz products

(subsections 10(1), (3) and (4))

Note 1: Column 1 is included for information only.

Note 2: The leftover lots are not lots of a product.

Schedule 3—Leftover lots

(subsections 10(7), (8) and (14))

Note: The leftover lots are not lots of a product.

Schedule 4—Regions

(subsections 5(1) and 19(1))

1  The regions

 (1) Each of the areas named in column 1 of the table in this Schedule is a region.

 (2) The regions are described using the HCIS in the ASMG. The regions are described by the HCIS identifiers specified in column 2 of the table for each region. There are four levels to the HCIS that are typically used in relation to spectrum licences, corresponding to 3 degree cells, 1 degree cells, 15 minute cells and 5 minute cells of the ASMG.

 (3) The geographic area of each region can be determined by the aggregation of block areas represented by the HCIS identifiers used to describe the region. Refer to the ASMG for a complete description of the HCIS naming convention.

 HCIS identifiers for spectrum licences in the 3.4/3.7 GHz bands

2  Indicative pictorial representation

  The areas shaded in the maps below are only an indicative pictorial representation of each region.

Note: The maps included in this Schedule are included for information only. The ACMA does not accept responsibility for the accuracy of that information. Potential participants in the allocation process should obtain their own advice and make their own inquiries into the pictorial representation of the region.

Schedule 5—Emission limits outside the area

(subsections 19(2) and 28(1))

1  Emission limits outside the area specified by written agreement

 (1) For a spectrum licence (the relevant licence) that authorises the operation of radiocommunications devices within a part of the spectrum (the relevant part), in relation to an area (the relevant area), the maximum permitted level of radio emission outside the relevant area is:

 (a) in relation to an area covered by a written agreement that satisfies the requirements of subclause (2) – the level specified in that agreement; or

 (b) otherwise – determined in accordance with clause 2.

 (2) A written agreement satisfies the requirements of this subclause if:

 (a) the licensee of the relevant licence is a party; and

 (b) the licensee of each spectrum licence that is geographically affected by the relevant area is a party; and

 (c) the agreement is about the permitted level of radio emission, in one or more areas outside the relevant area, caused by the operation of one or more radiocommunications devices authorised by the relevant licence.

Note: A licensee of a spectrum licence that is not geographically affected by the relevant area may be a party to the agreement, but is not required to be a party for the purposes of this subclause.

 (3) In subclause (2), a spectrum licence (the affected licence) is geographically affected by the relevant area if:

 (a) the affected licence authorises the operation of radiocommunications devices in a part of the spectrum that overlaps, wholly or partly, with the relevant part, in an area (the affected area); and

 (b) the affected area adjoins or partly overlaps the relevant area.

Note: A spectrum licence may specify more than one part of the spectrum, and each such part of the spectrum may be specified in relation to a different area. This clause applies separately and independently in relation to each such area.

2  Emission limits outside the area – no agreement

  The licensee must ensure that the maximum permitted level of radio emission for an area outside the geographic area within which the spectrum licence authorises the operation of radiocommunications devices, caused by the operation of radiocommunications transmitters under the licence, does not exceed a total radiated power of 48 dBm per 5 MHz.

Schedule 6—Emission limits outside the band

(subsections 19(3) and 28(2))

1  Emission limits outside the band specified by written agreement

 (1) For a spectrum licence (the relevant licence) that authorises the operation of radiocommunications devices within a part of the spectrum (the relevant part), in relation to an area (the relevant area), the maximum permitted level of radio emission outside the relevant part is:

 (a) in relation to a part of the spectrum covered by a written agreement that satisfies the requirements of subclause (2) – the level specified in that agreement; or

 (b) otherwise – determined in accordance with clause 2.

 (2) A written agreement satisfies the requirements of this subclause if:

 (a) the licensee of the relevant licence is a party; and

 (b) the licensee of each spectrum licence that is spectrally affected by the relevant part is a party; and

 (c) the agreement is about the permitted level of radio emission, in one or more parts of the spectrum other than the relevant part, caused by the operation of one or more radiocommunications devices authorised by the relevant licence.

Note: A licensee of a spectrum licence that is not spectrally affected by the relevant part may be a party to the agreement, but is not required to be a party for the purposes of this subclause.

 (3) In subclause (2), a spectrum licence (the affected licence) is spectrally affected by the relevant part if:

 (a) the affected licence authorises the operation of radiocommunications devices in a geographic area that overlaps, wholly or partly, with the relevant area, in relation to a part of the spectrum (the affected part); and

 (b) the affected part adjoins or partly overlaps the relevant part.

Note: A spectrum licence may specify more than one part of the spectrum, and each such part of the spectrum may be specified in relation to a different area. This clause applies separately and independently in relation to each such part of the spectrum.

2  Emission limits outside the band – no agreement

 (1) Subject to subclause (2), the licensee must ensure that a radiocommunications transmitter that is operated under the spectrum licence does not exceed the unwanted emission limits in subclauses (5), (6), (8) and (9).

 (2) Subclause (1) does not apply in relation to a radiocommunications transmitter that is exempt from registration in the Register.

Note: See subsection 21(2).

 (3) The licensee must ensure that a radiocommunications transmitter to which subclause (1) does not apply, that is operated under the spectrum licence, does not exceed the unwanted emission limits in subclauses (7), (8) and (9).

 (4) The licensee must ensure that a radiocommunications receiver that is operated under the spectrum licence does not exceed the unwanted emission limits in subclauses (10) and (11).

Unwanted emission limits in 3360 MHz to 3840 MHz for radiocommunications transmitters required to be registered

 (5) The unwanted emission limits in Table 1 apply to non-AAS transmitters required to be registered in the Register, in relation to emissions:

 (a) within the 3360 MHz to 3840 MHz frequency band; and

 (b) at frequencies outside the upper or lower frequency limits for the spectrum licence; and

 (c) offset from the upper or lower frequency limits for the spectrum licence;

  where:

 foffset is the frequency offset from the upper or lower frequency limits for the spectrum licence. The closest -3dB point of the specified bandwidth closest to the upper and lower frequency limits for the spectrum licence is placed at foffset.

Table 1 Unwanted emission limits in 3360 MHz to 3840 MHz – registered non-AAS transmitters

 (6) The unwanted emission limits in Table 2 apply to AAS transmitters required to be registered in the Register, in relation to emissions:

 (a) within the 3360 MHz to 3840 MHz frequency band; and

 (b) at frequencies outside the upper or lower frequency limits for the spectrum licence; and

 (c) offset from the upper or lower frequency limits for the spectrum licence;

  where:

 foffset is the frequency offset from the upper or lower frequency limits for the spectrum licence. The closest -3dB point of the specified bandwidth closest to the upper and lower frequency limits for the spectrum licence is placed at foffset.

Table 2 Unwanted emission limits in 3360 MHz to 3840 MHz – registered AAS transmitters

Unwanted emission limits in 3295 MHz to 3905 MHz for radiocommunications transmitters exempt from registration

 (7) The unwanted emission limits in Table 3 apply to transmitters exempt from registration in the Register, in relation to emissions:

 (a) within the 3295 MHz to 3905 MHz frequency band; and

 (b) at frequencies outside the upper or lower frequency limits for the spectrum licence; and

 (c) offset from the upper or lower frequency limits for the spectrum licence;

  where:

 foffset is the frequency offset from the upper or lower frequency limits for the spectrum licence. The closest -3dB point of the specified bandwidth closest to the upper and lower frequency limits for the spectrum licence is placed at foffset.

Table 3 Unwanted emission limits in 3295 MHz to 3905 MHz – transmitters exempt from registration

Unwanted emission limits outside 3295 MHz to 3905 MHz for non-AAS transmitters exempt from registration, and outside 3360 MHz to 3840 MHz for registered non-AAS transmitters

 (8) The unwanted emission limits in Table 4 apply in relation to:

 (a) for emissions made by non-AAS transmitters exempt from registration in the Register – emissions outside the 3295 MHz to 3905 MHz frequency band; or

 (b) for emissions made by non-AAS transmitters required to be registered in the Register – emissions outside the 3360 MHz to 3840 MHz frequency band;

  when measured over the specified bandwidth for the relevant frequency range.

Table 4 Unwanted emission limits – non-AAS transmitters exempt from registration outside 3295 MHz to 3905 MHz, and registered non-AAS transmitters outside 3360 MHz to 3840 MHz

Unwanted emission limits outside 3295 MHz to 3905 MHz for AAS transmitters exempt from registration, and outside 3360 MHz to 3840 MHz for registered AAS transmitters

 (9) The unwanted emission limits in Table 5 apply in relation to:

 (a) for emissions made by AAS transmitters exempt from registration in the Register – emissions outside the 3295 MHz to 3905 MHz frequency band; or

 (b) for emissions made by AAS transmitters required to be registered in the Register – emissions outside the 3360 MHz to 3840 MHz frequency band;

  when measured over the specified bandwidth for the relevant frequency range.

Table 5 Unwanted emission limits – AAS transmitters exempt from registration outside 3295 MHz to 3905 MHz, and registered AAS transmitters outside 3360 MHz to 3840 MHz

Unwanted emission limits – out-of-band emissions made by radiocommunications receivers

 (10) The unwanted emission limits in Table 6 apply in relation to:

 (a) for emissions made by a non-AAS receiver that is registered in the Register – emissions outside the 3360 MHz to 3840 MHz frequency band; or

 (b) for emissions made by all other non-AAS receivers – emissions outside the 3295 MHz to 3905 MHz frequency band;

  when measured over the specified bandwidth for the relevant frequency range.

Note 1: A radiocommunications receiver is not required to be registered in the Register. However, the ACMA will generally have regard to whether a radiocommunications receiver is registered in the Register, and when the receiver was registered, in considering interference disputes.

Note 2: The unwanted emission limits in subclause (10) only have a practical effect during periods an associated radiocommunications transmitter in the device is not operating.

Table 6 Unwanted emission limits –non-AAS receivers outside 3295 MHz to 3905 MHz, and registered non-AAS receivers outside 3360 MHz to 3840 MHz

 (11) The unwanted emission limits in Table 7 apply in relation to:

 (a) for emissions made by an AAS receiver that is registered in the Register – emissions outside the 3360 MHz to 3840 MHz frequency band; or

 (b) for emissions made by all other AAS receivers – emissions outside the 3295 MHz to 3905 MHz frequency band;

  when measured over the specified bandwidth for the relevant frequency range.

Note 1: A radiocommunications receiver is not required to be registered in the Register. However, the ACMA will generally have regard to whether a radiocommunications receiver is registered in the Register, and when the receiver was registered, in considering interference disputes.

Note 2: The unwanted emission limits in subsection (11) only have a practical effect during periods an associated radiocommunications transmitter in the device is not operating

Table 7 Unwanted emission limits – registered AAS receivers outside 3360 MHz to 3840 MHz, and AAS receivers outside 3295 MHz to 3905 MHz

 Definitions

 (12) In this clause:

  AAS receiver means a radiocommunications receiver with AAS.

  AAS transmitter means a radiocommunications transmitter with AAS.

  mean power, in relation to a radiocommunications device, means the average power measured during an interval of time that is at least 10 times the period of the lowest modulation frequency.

  non-AAS receiver means a radiocommunications receiver without AAS.

  non-AAS transmitter means a radiocommunications transmitter without AAS.

  total radiated power is the integral of the power transmitted in different directions over the entire radiation sphere. It is measured considering the combination of all radiating elements on an antenna panel or individual device.

  upper or lower frequency limits, in relation to a geographic area for a spectrum licence, means the maximum and minimum frequencies, respectively, specified for that area in the core condition included in the licence in accordance with paragraph 66(1)(a) of the Act.

Schedule 7—Sample spectrum licence

(section 22)

This Schedule sets out a sample spectrum licence, and the conditions and statements that may be included in a spectrum licence issued in the 3.4/3.7 GHz band, in accordance with this instrument.

COMMONWEALTH OF AUSTRALIA

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Radiocommunications Act 1992

Sample Spectrum Licence for the 3.4 GHz band

Prepared under section 61 of the Radiocommunications Act 1992 (‘the Act’) in accordance with the

Radiocommunications Spectrum Marketing Plan (3.4/3.7 GHz Bands) 2023

This licence is issued under Part 3.2 of the Act to the person named at Item 1 of Part 1, Licence Schedule 1.

1. The person named at Item 1 of Part 1, Licence Schedule 1 (‘the licensee’), or a person authorised under subsection 68(1) of the Act, is authorised, under this licence, to operate radiocommunications devices in accordance with the following:

(a) the Act;

(b) the core conditions set out in Licence Schedule 2;

(c) the statutory conditions set out in Licence Schedule 3;

(d) the other conditions set out in Licence Schedule 4.

2. This licence comes into force at the start of the date shown at Item 4 of Part 1, Licence Schedule 1 and remains in force until the end of the date shown at Item 6 of Part 1, Licence Schedule 1.

3. The statements in this licence that relate to renewal of the licence are set out in Part 3, Licence Schedule 1.

Definitions

4. In this licence, unless the contrary intention appears:

3.4 GHz band means the frequency band 3400 MHz to 3800 MHz.

3.4 GHz re-allocation zone, in relation to a part of the 3.4 GHz band specified in one of subsections 7(1) to 7(6) of the Radiocommunications (Spectrum Re-allocation – 3.4 GHz and 3.7 GHz Bands) Declaration 2022, means the area specified in that subsection.

3.6 GHz re-allocation zone means, for the part of the spectrum from 3575 MHz to 3700 MHz, the area specified in subsection 5(3) of the Radiocommunications (Spectrum Re-allocation – 3.6 GHz Band for Regional Australia) Declaration 2018.

3.7 GHz re-allocation zone, in relation to a part of the 3.4 GHz band specified in either subsection 7(7) or 7(8) of the Radiocommunications (Spectrum Re-allocation – 3.4 GHz and 3.7 GHz Bands) Declaration 2022, means the area specified in that subsection.

3GPP TS 36.211 means the document entitled “LTE; Evolved Universal Terrestrial Radio Access (E-UTRA); Physical channels and modulation (3GPP TS 36.211 version 14.6.0 Release 14)”, published by the European Telecommunications Standards Institute (ETSI), as it existed at the time the Australian Communications and Media Authority (Radiocommunications Licence Conditions – 3.4 GHz and 3.6 GHz Bands Interference Management) Direction 2018 was made.

Note 1: 3GPP TS 36.211 is available, free of charge, on the ETSI website at www.etsi.org.

Note 2: The Australian Communications and Media Authority (Radiocommunications Licence Conditions – 3.4 GHz and 3.6 GHz Bands Interference Management) Direction 2018 was made on 17 July 2018.

AAS receiver means a radiocommunications receiver with AAS.

AAS transmitter means a radiocommunications transmitter with AAS.

Act means the Radiocommunications Act 1992.

active antenna system or AAS means an antenna system where the amplitude and/or phase between multiple antenna elements is continually adjusted, resulting in an antenna pattern that varies in response to short term changes in the radio environment.

earth station protection zones has the meaning given by RALI MS 44.

harmful interference has the same meaning as in the spectrum plan made under subsection 30(1) of the Act.

HCIS identifier means an identifier used to describe a geographic area in the HCIS.

Hierarchical Cell Identification Scheme (HCIS) means the cell grouping hierarchy scheme used to describe geographic areas in the Australian Spectrum Map Grid 2012 published by the ACMA, as existing from time to time.

Note: The Australian Spectrum Map Grid 2012 can be accessed, free of charge, on the ACMA website at www.acma.gov.au.

ITU Radio Regulations means the Radio Regulations published by the International Telecommunication Union, as in force from time to time.

Note: The Radio Regulations can be accessed, free of charge, on the ITU website at www.itu.int.

Licence Schedule means a schedule to this licence.

mean power, in relation to a radiocommunications transmitter, means the average power of the transmitter measured during an interval of time that is at least 10 times the period of the lowest modulation frequency.

non-AAS receiver means a radiocommunications receiver without AAS.

non-AAS transmitter means a radiocommunications transmitter without AAS.

occupied bandwidth, in relation to a radiocommunications transmitter, means the bandwidth of a frequency band, having fixed upper and lower frequency limits that are necessary to contain not less than 99% of the true mean power of the transmitter’s radio emission at any time.

RALI MS 32 means the Radiocommunications Assignment and Licensing Instruction No. MS 32 Coordination of Apparatus Licensed Services within the Australian Radio Quiet Zone Western Australia, as in existence from time to time and published on the ACMA’s website at www.acma.gov.au.

RALI MS 44 means the Radiocommunications Assignment and Licensing Instruction No. MS 44 Frequency Coordination Procedures for the Earth Station Protection Zones, as in existence from time to time and published on the ACMA's website at www.acma.gov.au.

total radiated power or TRP is defined as the integral of the power transmitted in different directions over the entire radiation sphere. It is measured considering the combination of all radiating elements on an antenna panel or individual device.

unwanted emission, in relation to the operation of a transmitter authorised by this licence, means an emission outside the lower and upper frequency limits of the frequency bands described in Table 1 of Part 2 of Licence Schedule 1 of this licence.

upper or lower frequency limits, in relation to a geographic area, means the maximum and minimum frequencies, respectively, specified in Part 2 of Licence Schedule 1 for that geographic area.

5. Unless the contrary intention appears, terms and expressions used in this licence have the meanings given to them by the Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2015 (as in force from time to time), or any instrument made under subsection 145(4) of the Act as a replacement of that determination (as in force from time to time).

6. Unless the contrary intention appears, terms and expressions used in this licence have the meaning given to them by any determination made under section 64 of the Australian Communications and Media Authority Act 2005, as in force from time to time.

Note: A number of terms used in this licence are defined in the Act and have the meanings given to them by the Act, including:

• ACMA;
• core condition;
• frequency band;
• public interest statement;
• radiocommunications device;
• radiocommunications receiver;
• radiocommunications transmitter;
• radio emission;
• Register;
• renewal application period;
• renewal application period statement;
• renewal decision-making period;
• renewal decision-making period statement;
• renewal statement;
• spectrum licence;
• spectrum plan.

7. Unless the contrary intention appears, in this licence:

(a) the value of a parameter in Licence Schedules 2 and 3 must be estimated with a level of confidence not less than 95% that the true value of the parameter will always remain below the requirement specified; and

(b) a reference to a part of the spectrum, a frequency band or a frequency range includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Licence Schedule 1 Licence Details, Bands and Areas

Part 1   Licence details

Part 2  Frequency bands and geographic areas

For Core Condition 1, this licence authorises the operation of radiocommunications devices in the frequency bands specified in column 3 and within the corresponding geographic areas specified in column 2 of Table 1.

The frequency bands consist of the bandwidth between the lower and upper frequencies, where the lower frequency limit is exclusive and the upper frequency limit is inclusive. The geographic areas in column 2 of Table 1 are described by the sequence of HCIS identifiers in Table 2.

Table 1: Frequency bands and geographic areas of this licence

Table 2: Description of the geographic areas of this licence

Note: The HCIS is described in the Australian Spectrum Map Grid 2012. The Australian Spectrum Map Grid 2012 can be accessed, free of charge, on the ACMA website at www.acma.gov.au.

Part 3   Statements

FOR LICENCES AUTHORISING THE USE OF SPECTRUM IN 3700 MHz TO 3800 MHz

Renewal statement

(1) This licence may be renewed at the discretion of the ACMA.

Renewal application period statement

(2) The renewal application period for this licence is the 12 month period commencing 5 years before the licence is due to expire.

Renewal decision-making period statement

(3) The renewal decision-making period for this licence is the 2 year period commencing immediately after the renewal application period ends.

Public interest statement

No statement.

FOR LICENCES AUTHORISING THE USE OF SPECTRUM OTHERWISE THAN IN 3700 MHz TO 3800 MHz

Renewal statement

(1) This licence may be renewed at the discretion of the ACMA.

Renewal application period statement

(2) The renewal application period for this licence is the 2 year period ending when the licence is due to expire.

Renewal decision-making period statement

(3) The renewal decision-making period for this licence is the 6 month period commencing when an application for renewal is made under section 77A of the Act.

Public interest statement

(4) The ACMA will not renew this licence unless the ACMA is satisfied that it is in the public interest to do so.

Licence Schedule 2 Core Conditions

Frequency bands and geographic areas

1. This licence authorises the operation of radiocommunications devices in the frequency bands and within the geographic areas set out in Part 2 of Licence Schedule 1.

Emission limits outside the frequency bands

2. Core Conditions 3 to 12 apply in relation to those frequencies that are outside each of the frequency bands set out in Part 2 of Licence Schedule 1. For a frequency band set out in Part 2 of Licence Schedule 1, Core Conditions 3 to 12 apply within the geographic area specified for the frequency band.

3. (1) In relation to a frequency band set out in Part 2 of Licence Schedule 1, where a written agreement specifying the maximum permitted level of radio emission for frequencies outside that frequency band exists and satisfies Core Condition 3(2), the licensee must comply with that specified maximum permitted level of radio emission.

 (2) A written agreement satisfies this Core Condition if:

 (a) the licensee is a party; and

 (b) the licensee of each spectrum licence that is spectrally affected by the frequency band is a party.

 (3) A spectrum licence is spectrally affected by a frequency band set out in Part 2 of Licence Schedule 1 (the relevant band) if:

 (a) the licence authorises the operation of radiocommunications devices in a frequency band (the affected band) in a geographic area that overlaps, wholly or partly, with the geographic area set out in Part 2 of Licence Schedule 1 in relation to the relevant band; and

 (b) the relevant band adjoins or partly overlaps the affected band.

4. Where there is no written agreement for the purposes of Core Condition 3 in force, or where Core Condition 3 does not apply, the licensee must comply with Core Conditions 5 to 12.

Unwanted emission limits outside the frequency bands

5. (1) The licensee must ensure that radiocommunications transmitters operated under this licence that are not exempt from the registration requirement under Statutory Condition 4 of Licence Schedule 3 do not exceed the unwanted emission limits in Core Conditions 6, 7, 9(b) and 10(b).

 (2) The licensee must ensure that radiocommunications transmitters operated under this licence that are exempt from the registration requirement under Statutory Condition 4 of Licence Schedule 3 do not exceed the unwanted emission limits in Core Conditions 8, 9(a) and 10(a).

 (3) The licensee must ensure that radiocommunications receivers operated under this licence do not exceed the unwanted emission limits in Core Conditions 11 and 12.

6. The unwanted emission limits in Table 3 apply to non-AAS transmitters:

 (a) within the 3360 MHz to 3840 MHz frequency range; and

 (b) at frequencies outside the upper or lower frequency limits set out in Part 2 of Licence Schedule 1; and

 (c) offset from the upper or lower frequency limits set out in Part 2 of Licence Schedule 1;

 where:

 foffset is the frequency offset from the upper or lower frequency limits set out in Part 2 of Licence Schedule 1. The closest -3dB point of the specified bandwidth closest to the upper or lower frequency limits of the licence is placed at foffset.

Table 3 Unwanted emission limits in 3360 MHz to 3840 MHz – registered non-AAS transmitters

7. The unwanted emission limits in Table 4 apply to AAS transmitters:

 (a) within the 3360 MHz to 3840 MHz frequency range;

 (b) at frequencies outside the upper or lower frequency limits set out in Part 2 of Licence Schedule 1; and

 (c) offset from the upper or lower frequency limits set out in Part 2 of Licence Schedule 1;

 where:

 foffset is the frequency offset from the upper or lower frequency limits for the spectrum licence. The closest -3dB point of the specified bandwidth closest to the upper and lower frequency limits for the spectrum licence is placed at foffset.

Table 4 Unwanted emission limits in 3360 MHz to 3840 MHz – registered AAS transmitters

8. The unwanted emission limits in Table 5 apply to radiocommunications transmitters exempt from registration:

 (a) within the 3295 MHz to 3905 MHz frequency range;

 (b) at frequencies outside the upper or lower frequency limits set out in Part 2 of Licence Schedule 1; and

 (c) offset from the upper or lower frequency limits set out in Part 2 of Licence Schedule 1;

 where:

 foffset is the frequency offset from the upper or lower frequency limits for the spectrum licence. The closest -3dB point of the specified bandwidth closest to the upper and lower frequency limits for the spectrum licence is placed at foffset.

Table 5 Unwanted emission limits in 3295 MHz to 3905 MHz – transmitters exempt from registration

9. For non-AAS transmitters:

 (a) for transmitters that are exempt from the registration requirements under Statutory Condition 4 of Licence Schedule 3 – the unwanted emission limits in Table 6 apply at frequencies outside the 3295 MHz to 3905 MHz frequency range; or

 (b) for transmitters that are not exempt from the registration requirements under Statutory Condition 4 of Licence Schedule 3 – the unwanted emission limits in Table 6 apply at frequencies outside the 3360 MHz to 3840 MHz frequency range;

 when measured over the specified bandwidth for the relevant frequency range.

Table 6 Unwanted emission limits – non-AAS transmitters exempt from registration outside 3295 MHz to 3905 MHz, and registered non-AAS transmitters outside 3360 MHz to 3840 MHz

10. For AAS transmitters:

 (a) for transmitters that are exempt from the registration requirements under Statutory Condition 4 of Licence Schedule 3 – the unwanted emission limits in Table 7 apply at frequencies outside the 3295 MHz to 3905 MHz frequency range; or

 (b) for transmitters that are not exempt from the registration requirements under Statutory Condition 4 of Licence Schedule 3 – the unwanted emission limits in Table 7 apply at frequencies outside the 3360 MHz to 3840 MHz frequency range;

 when measured over the specified bandwidth for the relevant frequency range.

Table 7 Unwanted emission limits – AAS transmitters exempt from registration outside 3295 MHz to 3905 MHz, and registered AAS transmitters outside 3360 MHz to 3840 MHz

11. The unwanted emission limits in Table 8 apply to non-AAS receivers:

 (a) for emissions made by a non-AAS receiver that is registered in the Register – emissions outside the 3360 MHz to 3840 MHz frequency band; or

 (b) for emissions made by all other non-AAS receivers – emissions outside the 3295 MHz to 3905 MHz frequency band;

 when measured over the specified bandwidth for the relevant frequency range.

Note 1: A radiocommunications receiver is not required to be registered in the Register. However, the ACMA will generally have regard to whether a radiocommunications receiver is registered in the Register, and when the receiver was registered, in considering interference disputes.

Note 2: The unwanted emission limits in Core Condition 11 only have a practical effect during periods an associated radiocommunications transmitter in the device is not operating.

Table 8 Unwanted emission limits – non-AAS receivers outside 3295 MHz to 3905 MHz, and registered non-AAS receivers outside 3360 MHz to 3840 MHz

12. The unwanted emission limits in Table 9 apply in relation to

 (a) for emissions made by an AAS receiver that is registered in the Register – emissions outside the 3360 MHz to 3840 MHz frequency band; or

 (b) for emissions made by all other AAS receivers – emissions outside the 3295 MHz to 3905 MHz frequency band;

 when measured over the specified bandwidth for the relevant frequency range.

Note 1: A radiocommunications receiver is not required to be registered in the Register. However, the ACMA will generally have regard to whether a radiocommunications receiver is registered in the Register, and when the receiver was registered, in considering interference disputes.

Note 2: The unwanted emission limits in Core Condition 12 only have a practical effect during periods an associated radiocommunications transmitter in the device is not operating.

Table 9 Radiocommunications receiver unwanted emission limits for registered AAS receivers outside 3360 MHz to 3840 MHz, and AAS receivers outside 3295 MHz to 3905 MHz

Emission limits outside the geographic areas

13. Core Conditions 14 to 17 apply in relation to those areas that are outside each of the geographic areas set out in Part 2 of Licence Schedule 1 in relation to a frequency band.

14. (1) In relation to a geographic area set out in Part 2 of Licence Schedule 1 in relation to a frequency band, where a written agreement specifying the maximum permitted level of radio emission outside that area exists and satisfies Core Condition 14(2), the licensee must comply with that specified maximum permitted level of radio emission.

 (2) A written agreement satisfies this Core Condition if:

 (a) the licensee is a party; and

 (b) the licensee of each spectrum licence that is geographically affected by the geographic area is a party.

 (3) In this Core Condition, a spectrum licence is geographically affected by a geographic area (the relevant area) set out in Part 2 of Licence Schedule 1 in relation to a frequency band (the relevant band) if:

 (a) the licence authorises the operation of radiocommunications devices in a geographic area (the affected area) in relation to a frequency band that overlaps, wholly or partly, with the relevant band; and

 (b) the relevant area adjoins or partly overlaps the affected area.

15. Where there is no written agreement for the purposes of Core Condition 14 in force, or where Core Condition 14 does not apply, the licensee must comply with Core Condition 16.

Unwanted emission limits outside the geographic areas

16. The licensee must ensure that the maximum permitted level of radio emission for an area outside the area described in Core Condition 13 caused by the operation of radiocommunications transmitters under the licence does not exceed a total radiated power of 48 dBm/5 MHz.

17. The licensee complies with Core Condition 16 by ensuring that the maximum permitted level of radio emissions caused by the operation of radiocommunications transmitters under this licence does not exceed a total radiated power of 48 dBm/5 MHz.

Licence Schedule 3 Statutory Conditions

Liability to pay charges

1. The licensee must comply with all its obligations (if any) to pay:

(a) charges fixed by determinations made under section 60 of the Australian Communications and Media Authority Act 2005; and

(b) spectrum access charges fixed by determinations made under section 294 of the Act; and

(c) amounts of spectrum licence tax.

Third party use

2. (1) The licensee must notify any person whom the licensee authorises, under section 68 of the Act, to operate radiocommunications devices under this licence of that person’s obligations under the Act, in particular:

  (a) the registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under this licence (if applicable); and

  (b) any rules made by the ACMA under subsection 68(3) of the Act.

 (2) Any person other than the licensee who operates a radiocommunications device under this licence must comply with rules made by the ACMA under subsection 68(3) of the Act.

Radiocommunications transmitter registration requirements

3. A person must not operate a radiocommunications transmitter under this licence unless:

(a) the transmitter has been exempted from the registration requirements, under Statutory Condition 4 below; or

(b) both:

(i)  the requirements 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

4. Radiocommunications transmitters that operate in the 3.4 GHz band with a maximum total radiated power of less than or equal to 28 dBm per occupied bandwidth are exempt from the registration requirement in Statutory Condition 3(b).

Residency

5. (1) The licensee must not derive any income, profits or gains from operating radiocommunications devices under this licence, or from authorising others to do so, unless:

  (a) the licensee is an Australian resident; or

  (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the licensee carries on business.

 (2) A person (the authorised person) authorised under section 68 of the Act in relation to this licence must not derive income, profits or gains from operating radiocommunications devices under this licence unless:

(a) the authorised person is an Australian resident; or

(b) the income, profits or gains are attributable to a permanent establishment in Australia through which the authorised person carries on business.

 (3) In this condition:

Australian resident has the same meaning as in the Income Tax Assessment Act 1997.

permanent establishment has the same meaning as in:

(a)                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

(b)                in any other case — the Income Tax Assessment Act 1997.

Licence Schedule 4 Other Conditions

Definitions

1. In this Licence Schedule 4:

managing interference includes, but is not limited to, the following:

(a)                investigating the possible causes of interference;

(b)                taking all steps reasonably necessary to resolve disputes about interference;

(c)                taking steps (or requiring persons authorised to operate radiocommunications devices under this licence to take steps) reasonably likely to reduce interference to acceptable levels;

(d)                negotiating with other persons to reduce interference to acceptable levels.

special subframe configuration 6 means a special subframe configuration, as referred to in clause 4.2 of 3GPP TS 36.211, that is consistent with special subframe configuration 6, as referred to in Table 4.2-1 of 3GPP TS 36.211.

uplink-downlink configuration 2 means an uplink-downlink configuration, as referred to in clause 4.2 of 3GPP TS 36.211, that is consistent with uplink-downlink configuration 2, as referred to in Table 4.2-2 of 3GPP TS 36.211.

Responsibility to manage interference

2. The licensee must manage interference between:

(a)                radiocommunications devices operated under this licence; and

(b)                radiocommunications devices operated under this licence and under each other spectrum licence held by the licensee.

Co-sited radiocommunications devices

3. If:

(a) interference occurs between:

(i) a radiocommunications device operated under this licence; and

(ii) another radiocommunications device operated under another licence (the other licence);

when the measured separation between the phase centre of the antenna used with each device is less than 500 metres; 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 authorised third party) of the other licence wishes to resolve the interference;

the licensee must manage interference 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

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

Note: Licensees should assist the ACMA in keeping the Register accurate and up to date by informing the ACMA of changes to device registration details as soon as possible.

International coordination

5. The licensee must ensure that operation of a radiocommunications transmitter under this licence does not cause harmful interference to a radiocommunications receiver that operates in accordance with the ITU Radio Regulations and is located in a country other than Australia.

Electromagnetic energy (EME) requirements

6. The licensee must comply with Parts 2, 3 and 4 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, or any instrument made under section 110A of the Act that replaces that determination, as in force from time to time. For the purpose of compliance with this condition, the definition of licence in subsection 4(1) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, or in the interpretation section of the replacement instrument, is to be read as if it referred to a spectrum licence.

Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 can be accessed, free of charge, on the Federal Register of Legislation at www.legislation.gov.au.

Record keeping – transmitters located at communal sites

7.(1) If the licensee operates a radiocommunications transmitter under the licence, and the transmitter:

(a) is located at a communal site; and

(b) is not exempt under Statutory Condition 4 of Licence Schedule 3;

the licensee must comply with sub-condition 7(2).

  (2) In relation to each radiocommunications transmitter, the licensee must keep a record which includes the following information:

(a) the transmitter’s device registration number as specified in the Register;

(b) the licence number of the licence;

(c) the transmitter’s geographic location;

(d) if the licensee owns the transmitter, the licensee’s name and address;

(e) if the licensee does not own the transmitter, the owner’s name and address;

(f) the transmitter’s centre frequency;

(g) the transmitter’s emission designator;

(h) details of the transmitter’s antenna including the manufacturer, model, type, gain, polarisation, azimuth and height above ground level;

(i) the transmitter’s maximum mean power;

(j) the transmitter’s maximum EIRP.

Coordination with the Australia Radio Quiet Zone Western Australia

8. Before seeking to register a radiocommunications transmitter for use in or around the RQZ, as defined by the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023, or any instrument made under section 32 of the Act as a replacement of that plan (as in force from time to time), the licensee must follow the procedures set out in RALI MS 32, as existing from time to time, as if the radiocommunications transmitter it is seeking to register were an apparatus licensed transmitter.

Note: RALI MS 32 Coordination of Apparatus Licensed Services within the Australian Radio Quiet Zone Western Australia is available on the ACMA website at www.acma.gov.au.

Harmful interference

9. The licensee must ensure that operation of a radiocommunications transmitter that is exempt from registration under Statutory Condition 4 of Licence Schedule 3 does not cause harmful interference to other radiocommunications devices operated under a different spectrum licence or an apparatus licence.

Coordination with earth station protection zones

10. Before seeking to register or operate a radiocommunications transmitter, the licensee must follow the procedures set out in RALI MS 44 for coordination with, and protection of, any earth stations operating in the 3.4 GHz band in earth station protection zones.

Note: RALI MS 44 Frequency Coordination Procedures for the Earth Station Protection Zones is available on the ACMA website at www.acma.gov.au.

Synchronisation requirement

11. If:

(a) interference occurs between:

(i) a radiocommunications device (the first device) operated under this licence; and

(ii) a radiocommunications device (the other device) operated under another spectrum licence; and

(b) the level of interference to the first device or to any other device exceeds the compatibility requirement set out in the Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2015, or any instrument made under section 262 of the Act that replaces those guidelines, as in force from time to time; and

(c) either the licensee or the holder (or authorised third party) of the other licence wishes to resolve the interference; and

(d) no agreement between the licensee and each person operating one or more other devices can be reached on how to manage the interference;

then the licensee is required to manage interference by:

(e) either:

(i) operating the first device with a frame structure that uses both uplink-downlink configuration 2 and special subframe configuration 6; or

(ii) operating the first device using a sequence and duration of radio emissions that is consistent with those configurations (disregarding any time at which the device is not making a radio emission); and

(f) synchronising the timing of the frame structure or other sequence of radio emissions of the first device with the timing of the frame structure or other sequence of radio emissions of each of the other devices (disregarding any device at a time at which the device is not making a radio emission).

Note 1: A licensee may act in accordance with subparagraph 11(e)(ii) by operating a transmitter in a manner that complies with the specification made by 3rd Generation Partnership Project numbered 3GPP TS 38.211 and published at www.3gpp.org.

Note 2 The synchronisation requirement only applies when an interference issue occurs and where there is no other measure agreed to between the licensees to resolve the interference. This means synchronisation can be done on a site/cell specific basis. During any period in which the licensee and the other licensee are taking steps to resolve the interference issue or synchronise, the ACMA will generally give priority to the device registered first in time in any interference dispute, meaning that a device or devices registered later in time will generally be required to accept any interference or cease causing interference during this time.

Managing interference caused by unwanted emissions

12. If:

(a) interference occurs between:

(i) a radiocommunications device operated under this licence; and

(ii) a radiocommunications device operated under another licence (the other licence);

 and the interference is due to unwanted emissions at frequencies below 3360 MHz and above 3840 MHz from a radiocommunications device operating under this licence; 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 authorised third party) of the other licence wishes to resolve the interference;

the licensee must manage interference with:

(d) the holder of the other licence; or

(e) if a site manager is responsible for managing interference at that location, the site manager.

Managing interference to incumbent apparatus licensees

13. The licensee must provide protection to any radiocommunications devices operating in:

(a) a 3.4 GHz re-allocation zone, in the 3400 MHz to 3475 MHz frequency range; or

(b) a 3.6 GHz re-allocation zone, in the 3575 MHz to 3700 MHz frequency range; or

(c) a 3.7 GHz re-allocation zone, in the 3700 MHz to 3800 MHz frequency range;

in accordance with an apparatus licence in the manner set out in Part 3, Part 4 and Part 5 of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015, or any instrument made under section 262 of the Act that replaces those guidelines, as in force from time to time, until the end of the re-allocation period for the relevant re-allocation zone.

Managing interference to aeronautical radionavigation services

14. The licensee must not operate radiocommunications transmitters in the 3700 MHz to 3800 MHz frequency range if the total EIRP of those transmitters exceeds 72 dBm/5 MHz.

Note: For radiocommunications transmitters operating dual polarised systems, a licensee can comply with Condition 14 of this Licence Schedule by limiting the EIRP on each polarisation to 69 dBm/5 MHz.

15. The licensee must manage interference to any radiocommunications receiver that is:

(a) operated for the purposes of the aeronautical radionavigation service in the 4200 MHz to 4400 MHz frequency range; and

(b) operated under the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016, or any instrument made under section 132 of the Act that replaces that class licence, as in force from time to time;

in the manner set out in Part 13 of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015, or any instrument made under section 262 of the Act that replaces those guidelines, as in force from time to time.

Note: A radiocommunications receiver mentioned in this section is commonly called, or is a component of, a radio altimeter.

Licence Schedule 5  Licence Notes

Variation to licence conditions and statements

1. The ACMA may, with the written agreement of the licensee, vary this licence by including one or more further conditions, or by revoking or varying any conditions of this 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.

2. The ACMA may, with the written agreement of the licensee, vary this licence by varying the renewal statement, omitting the renewal statement and substituting another renewal statement, varying the renewal application period statement, omitting the public interest statement (if any), omitting the renewal decision-making period statement, or varying the renewal decision-making period statement, provided that each such statement, as varied or replaced, still complies with the requirements of section 65A of the Act.

3. The ACMA may, by written notice given to the licensee, vary this licence by including one or more further conditions (other than core conditions), or by revoking or varying any conditions (other than core conditions) of this 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.

Determination of unacceptable levels of interference

4.  The ACMA has made the Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2015 that sets out the unacceptable levels of interference for the purpose of registering radiocommunications transmitters to be operated under this licence, and which is to be used for the issuing of certificates by accredited persons under subsection 145(3) of the Act.

Note 1: Although not mandatory, the registration of radiocommunications receivers to be operated under this licence is recommended because one of the matters the ACMA may take into account in settling interference disputes is the time of registration of the receiver involved in the dispute.

Note 2: The Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2015 can be accessed, free of charge, on the Federal Register of Legislation at www.legislation.gov.au.

Guidelines

5. The ACMA has made written Radiocommunications Advisory Guidelines (the guidelines) under section 262 of the Act about the following:

(a)                            coordinating the operation of radiocommunications transmitters under this licence with radiocommunications receivers operated under other licences: see the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015;

(b)             coordinating the operation of radiocommunications receivers operated under this licence with radiocommunications transmitters operated under other licences: see the Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2015.

Note: The guidelines can be accessed, free of charge, on the Federal Register of Legislation at www.legislation.gov.au.

6. The guidelines should be read in conjunction with the Radiocommunications (Unacceptable Levels of Interference — 3.4 GHz Band) Determination 2015 (see Licence Note 4). That determination sets out the unacceptable levels of interference for the purpose of registration of radiocommunications transmitters to be operated under this licence. The guidelines should be followed by licensees (and accredited persons) in the planning of services and the resolution of interference cases. The ACMA will consider these guidelines during the settlement of interference disputes. Each case will be assessed on its merits.

Suspension and cancellation of spectrum licences

7. The ACMA may by written notice given to a licensee, suspend or cancel a spectrum licence in accordance with Division 3 of Part 3.2 of the Act.

Renewal

8. The ACMA may renew spectrum licences in accordance with Division 3A of Part 3.2 of the Act.

9. A person must apply for renewal in accordance with section 77A of the Act. The renewal application period for this licence is set out in the renewal application period statement in Part 3 of Licence Schedule 1. Other statements in Part 3 of Licence Schedule 1 may also affect the renewal of the licence.

10. The ACMA may request further information in connection with an application for renewal, in accordance with section 77B of the Act.

11. The ACMA must not renew a spectrum licence for a period of 10 years or longer unless satisfied that it is in the public interest to do so.

12. If the ACMA renews a spectrum licence, the conditions of the new spectrum licence need not be the same as those of the licence it replaces.

13. If the ACMA has the discretion to renew the licence, it also has the discretion to refuse to renew the licence. The ACMA must make its decision within the renewal decision-making period, set out in Part 3 of Licence Schedule 1.

Trading

14. (1) A licensee may assign or otherwise deal with the whole or any part of a spectrum licence provided that it is done in accordance with any rules determined by the ACMA under section 88 of the Act.

(2)  An assignment under section 85 of the Act of the whole or any part of a spectrum licence that involves any change to a spectrum licence does not take effect until the Register has been amended under Part 3.5 of the Act, to take it into account.

Appeals

15. An application may be made to the ACMA for reconsideration of a decision of a kind listed in section 285 of the Act. A person affected by and dissatisfied with an ACMA decision may seek a reconsideration of the decision by the ACMA under subsection 288(1) of the Act. This decision can be subject to further review by the Administrative Appeals Tribunal, subject to the provisions of the Administrative Appeals Tribunal Act 1975.

Labelling of radiocommunications transmitters

16. Licensees should affix identification labels containing the name and address of the licensee on all fixed transmitters operated under this licence.

Note: An example of an identification label would be one containing the following statement: “This device is the property of ‘name’”.