Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No. 2)

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Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No. 2)1
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under paragraph 107 (1) (f) of the Radiocommunications Act 1992.
Dated 17th June 2010
Chris Chapman
[signed]
Member
Member/General Manager
[signed]
Giles Tanner

Australian Communications and Media Authority
1              Name of Determination
                This Determination is the Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No. 2).
2              Commencement
                This Determination commences on the day after it is registered.
3              Amendment of Radiocommunications Licence Conditions (PTS Licence) Determination 1997
                Schedule 1 amends the Radiocommunications Licence Conditions (PTS Licence) Determination 1997.
Schedule 1        Amendments
(section 3)
  
[1]           Paragraph 2 (1) (b)
omit
Part 3.
insert
Part 3;
[2]           After paragraph 2 (1) (b)
insert
                (c)    every PTS licence (PMTS C) is also subject to the conditions in Part 4.
[3]           Subsection 3 (1), definition of licence
substitute
licence means:
                (a)    a PTS licence (PMTS B); or
               (b)    a PTS licence (PMTS C).
[4]           Subsection 3 (1), after definition of PTS licence (PMTS B)
insert
PTS licence (PMTS C) means a PTS licence that authorises the holder to operate a station in a PMTS Class C.
  
[5]           After Part 3
insert
Part 4                 Conditions for PTS licence (PMTS Class C)
  
9              Conditions
                For paragraph 107 (1) (f) of the Act, every PTS licence (PMTS C) is subject to the additional conditions in this Part relating to the operation of stations under the licence by the licensee.
10            On-ground operation
         (1)   The licensee may operate a station to which this Part applies while the aircraft is grounded for testing and maintenance purposes.
         (2)   However:
                (a)    the licensee must take appropriate steps to ensure that the potential for interference to other services is reduced; and
               (b)    the licensee must not operate the station if its operation causes harmful interference to a service provided by another station; and
                (c)    the licensee cannot claim protection from harmful interference.
         (3)   If the operation of a station under this Part causes harmful interference to another radiocommunications device, the operator must cease transmissions from the station until the interference has been resolved.
11            Compliance with Civil Aviation Safety Regulations 1998
         (1)   The licensee must ensure that any radiocommunications device that is:
                (a)    in an aircraft; and
               (b)    operated for the purpose of the provision of a public mobile telecommunications service using a station to which this Part applies;
complies with this section.
Imported aircraft
         (2)   If:
                (a)    the aircraft was imported into Australia; and
               (b)    the radiocommunications device was fitted when the aircraft was manufactured;
the aircraft must have been certified by a National Airworthiness Authority (NAA) of a country specified in regulation 21.012 of the Civil Aviation Safety Regulations 1998.
Australian aircraft
         (3)   If:
                (a)    the aircraft was manufactured in Australia; and
               (b)    the radiocommunications device was fitted when the aircraft was manufactured;
the aircraft must have been certified by the Civil Aviation Safety Authority under the Civil Aviation Safety Regulations 1998.
Modified aircraft
         (4)   If:
                (a)    the radiocommunications device was not fitted when the aircraft was manufactured; and
               (b)    the aircraft was modified for the purpose of fitting the radiocommunications device;
the modification of the aircraft must have been approved in accordance with subsection (5).
         (5)   The modification of the aircraft must have been approved by:
                (a)    an authorised person under regulation 35 of the Civil Aviation Regulations 1988; or
               (b)    the Civil Aviation Safety Authority under the Civil Aviation Safety Regulations 1998; or
                (c)    a NAA of a country specified in regulation 21.012 of the Civil Aviation Safety Regulations 1998, by the issue of a Supplemental Type Certificate mentioned in Subpart 21.E of those Regulations.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 

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