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RADIOCOMMUNICATIONS ACT 1992 - SECT 66

Core conditions of spectrum licences

  (1)   A spectrum licence must 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)   The area specified in the condition referred to in paragraph   (1)(c) may be the whole of Australia.

  (3)   A spectrum licence may also include a core condition specifying the periods during which operation of radiocommunications devices is authorised under the licence.

  (4)   Without limiting subsection   (3), the periods specified may include times during each day or times during particular days of each week.

  (5)   If the issue of the licence is covered by section   153L (which deals with re - allocation of spectrum), a condition mentioned in paragraph   (1)(a) of this section may provide for the progressive authorisation of the operation of radiocommunications devices under the licence. The progressivity is to be based on the times when a particular part or parts of the spectrum become available as a result of the expiry, surrender or cancellation of one or more apparatus licences that, under section   153D, are affected by the spectrum re - allocation declaration concerned.

  (6)   Subsection   (5) does not, by implication, limit subsection   (1).



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