Commonwealth Numbered Regulations

1990 No. 413 RADIOCOMMUNICATIONS-AUSTRALIAN SPECTRUM PLAN - REG 6

6. (1) In interpreting this Spectrum Plan:

   (a)  the table in Part 5 of this Spectrum Plan indicates in diagrammatic
        form the radio frequency spectrum from 9kHz to 400 GHz, which has been
        divided into frequency bands within which certain designated
        radiocommunications services may be operated (see Part 1 for the
        definitions of these services); and

   (b)  bands are shown in increasing frequency order from 9 kHz to 400 GHz;
        and

   (c)  the range of frequencies covered by each page of the Table is shown
        above the heading, together with the unit of frequency (kHz, MHz or
        GHz); and (NOTE: As Australia is a signatory to the International
        Telecommunication Convention, regard is taken of the provisions of the
        ITU Radio Regulations in the assignment of frequencies to
        radiocommunication services shown in Article 8 of the ITU Radio
        Regulations for Regions 1, 2 and 3 which are reproduced in Column 1 of
        the table.)

   (d)  the allocation to services in Australia is shown in Column 2 which is
        sub-divided into frequency bands; and

   (e)  each band is assigned a name which consists of two numbers in the top
        left hand corner of the box containing the band and the unit of
        frequency set out in the heading at the top of the table on the page
        containing the frequency band, for example, on the first page in Part
        5 "9--14" is in the top left hand corner of the box and kilohertz is
        the unit of frequency at the top of the page and the name of this
        frequency band is the "9 to 14 kilohertz band"; and

   (f)  the actual frequencies contained in each band are those greater than
        the first number up to, and including the second number, for example,
        the frequencies contained in the band referred to in paragraph (e) are
        those above 9 kilohertz including, but not exceeding, 14 kilohertz;
        and

   (g)  within each band in each column:
  (i)   the boxes contain a list of radiocommunication services that may
operate within that band; and

   (ii) the order of listing of services in the table does not indicate
        relative priority within each category; and

   (iii) the status of individual services (primary, secondary or permitted)
        is indicated by their being in either capitals, lower case, or between
        oblique strokes, respectively; and

   (h)  in the case where the name of a service is followed by an addition in
        parenthesis, that service allocation is restricted to the type of
        operation so indicated, for example, "FIXED-SATELLITE
        (earth-to-space)" limits transmitting stations in the fixed-satellite
        service to operation in the earth-to-satellite direction; and

   (i)  in addition, the name of a service may be followed by additional
remarks, for example, "MOBILE except aeronautical mobile" limits the
allocation to the land mobile and maritime mobile services, and excludes the
aeronautical mobile service and "MOBILE except aeronautical mobile (R)" limits
the allocation to the land mobile, maritime mobile and aeronautical mobile
(OR) services, and excludes the aeronautical mobile (R) service; and

   (j)  in Column 1 there may be a number (eg "444") following the allocation
        to a service, or appearing at the bottom of the box and these numbers
        refer to

"footnotes" which are contained in Part 7 of this Spectrum Plan and have
equivalent status to the entries shown in the Table; and

   (k)  the allocations to services in Column 2 generally follow the
        allocations to Region 3 shown in Article 8 of the Radio Regulations,
        and account has been taken of additional allocations and alternative
        allocations to the Region 3 Table applicable to Australia, with either
        a table or footnote entry as appropriate; and

   (l)  in addition to relevant ITU footnotes, particular Australian footnotes
        are shown in Column 2, prefixed by the letters "AUS", and footnotes
        with this prefix are defined in Part 6 of this Spectrum Plan and have
        equivalent status to the entries shown in Column 2 of the Table; and

   (m)  the footnote reference indicators which appear at the bottom of a
        particular box of the tables below the listed service or services
        apply to all services to which the band concerned is allocated; and

   (n)  the footnote reference indicators that appear to the right or indented
        and immediately below the name of a particular service apply only to
        that service. (NOTE: Where footnotes from the Region 3 Table that are
        operative in Australia call for administrations to act in a particular
        manner (eg 444, 572 etc), the Australian Administration will have
        regard to these requirements.)

(2) Where column 2 of the Table in Part 5 or a footnote in that column
allocates services to a frequency band which are different to the services
allocated in that part of Column 1 of the Table or a footnote in that part
which applies to the frequency band in Region 3, operation of the services
allocated by Column 2 in Australia is constrained by:

   (a)  any restraints on the services specified in Column 2 or specified by a
        relevant footnote; and

   (b)  the requirement in Radio Regulation 342 that the services cause no
        harmful interference to services operating in accordance with the
        provisions of the International Telecommunication Convention and the
        Radio Regulations.

(3) Notwithstanding subclause (2), requirements for coordination or
notification of services expressed in the Radio Regulations apply.
(4) For the purposes of the definitions of "medium frequency band" and "very
high frequency band" in subsection 4 (1) of the Broadcasting Act 1942 and
subsection 6B (3) of the Radio Licence Fees Act 1964:

   (a)  the band of frequencies above 300 kilohertz, up to and including 3000
        kilohertz is designated as the medium frequency band; and

   (b)  the band of frequencies above 30 megahertz, up to and including 300
        megahertz is designated as the very high frequency band.