Commonwealth Numbered Regulations

1990 No. 413 RADIOCOMMUNICATIONS-AUSTRALIAN SPECTRUM PLAN - REG 2

2. (1) This document sets out the Radiocommunications - Australian Spectrum
Plan, which divides the radio frequency spectrum into a number of bands and
specifies the general purposes for which the bands may be used.

(2) The primary basis for the structure of this Spectrum Plan is the Table of
Frequency Allocations contained in the Radio Regulations published by the
International Telecommunication Union (ITU).

(3) In particular this Spectrum Plan is based on the Table in the Radio
Regulations appropriate to ITU Region 3 with reference to the following chart:
(CHART OMITTED)

(4) In the chart in subclause (3):

   (a)  Region 1 includes the area limited on the east by line A and on the
        west by line B, excluding any of the territory of Iran which lies
        between these limits and including that part of the territory of
        Turkey and the Union of Soviet Socialist Republics lying outside of
        these limits, the territory of the Mongolian People's Republic, and
        the area to the north of the USSR which lies between lines A and C;
        and

   (b)  Region 2 includes the area limited on the east by line B and on the
        west by C; and

   (c)  Region 3 includes the area limited on the east by line C and on the
        west by line A, except the territories of Mongolian People's Republic,
        Turkey, the territory of the U.S.S.R. and the area to the north of the
        U.S.S.R. and also includes that part of the territority of Iran lying
        outside those limits.

(5) A full description of where the lines A,B and C are to be drawn on a map
may be found in Nos. 396 to 399 of the Radio Regulations.
(6) Where the words "regions" or "regional" are without a capital "R" in the
Radio Regulations or in this Spectrum Plan, they do not relate to the three
Regions here defined for purposes of frequency allocation.

(7) A sub-Region is an area consisting of two or more countries in the same
Region.

(8) The shaded part of the chart in subclause (3) represents the Tropical Zone
as defined in Nos. 406 to 411 of the Radio Regulations.
(9) The "Tropical Zone" consists of:

   (a)  the whole of that area in Region 2 between the Tropics of Cancer and
        Capricorn; and

   (b)  the whole of that area in Regions 1 and 3 contained between the
        parallels 30 degrees North and 35 degrees South with the addition of:

        (i)    the area contained between the meridians 40 degrees East and 80
               degrees East of Greenwich and the parallels 30 degrees North
               and 40 degrees North; and

        (ii)   that part of Libya north of parallel 30 degrees North.

(10) In Region 2, the Tropical Zone may be extended to parallel 33 degrees
North, subject to special agreements between the countries concerned in that
Region. (NOTE: The operation of radiocommunications transmitters for
non-broadcasting purposes is governed by the Radiocommunications Act 1983. As
a general rule a person may not operate a radiocommunications transmitter for
non-broadcasting purposes unless the Minister has granted a licence. The
categories of licence which the Minister may grant are set out in the
Radiocommunications (Licensing and General) Regulations made under the Act.
However, certain non-broadcasting transmitters are exempt from licensing by
regulation under section 22 of the Act. In deciding whether to grant a licence
the Minister is required to have regard to all matters that he considers
relevant, including:

   (a)  whether or not:

        (i)    the applicant; or

        (ii)   each person specified by the applicant as a person to whom the
               applicant, if successful in his application, proposes to give
               an authority under subsection 26(1);
is a qualified operator in relation to any licence that the Minister may grant
as a result of the application;

   (b)  the extent (if any) to which the purpose of the operation of the
        transmitters specified by the applicant is a purpose that could
        reasonably, in all the circumstances, be effected by a means other
        than the proposed operation of the transmitters;

   (c)  whether or not the Minister is satisfied that the proposed operation
        of the transmitters is in accordance with the appropriate frequency
        band plan;

   (d)  the effect on radiocommunications of the proposed operation of the
        transmitters;

   (e)  whether or not the Minister is satisfied that the proposed operation
        of the transmitters is not reasonably likely to cause death of, or
        injury to, persons, or loss of, or damage to, property;

   (f)  the policies specified in Division 1 of Part 3 of the
        Telecommunications Act 1989.
Under subsection 7 (1) of the Act the Minister is also required to have regard
to the International Telecommunication Convention and the ITU Radio
Regulations. Subsection 25 (1) of the Act sets out conditions to which a
licence is subject. As well as particular conditions specified in subsection
25 (1), a licence is also subject to conditions prescribed by regulations or
specified by the Minister in the licence. Of particular importance is
paragraph 25 (1) (a) which makes it a condition that the holder of the licence
shall not operate, or permit the operation of, the transmitter except for a
purpose specified in the licence, being a purpose not inconsistent with a
purpose of a kind specified in the appropriate frequency band plan under
subsection 19 (2) of the Act.)