DEED concerning coordination, notification and radio interference management of the [Name] Satellite Network
This Deed is made on the xx day of xx 20xx.
This Deed in favour of the AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY (‘the ACMA’) ABN 55 386 169 386, a body corporate established by section 6 of the Australian Communications and Media Authority Act 2005, is made by:
[SATELLITE OPERATOR NAME](‘the Satellite Operator’) ABN [ ], a company registered under the Corporations Act 2001 and having its registered office at [ ].
RECITALS:
This Deed is made in the following context:
- The International Telecommunication Union (‘ITU’) has established procedures for the coordination and notification of satellite networks, and the ACMA represents Australia in relation to those procedures.
- The Satellite Operator covenants in favour of the ACMA to perform its obligations concerning the [Name] Satellite Network in accordance with this Deed so as to enable the carrying out of those procedures.
NOW THIS DEED WITNESSES:
- Nature of Deed
1.01The Satellite Operator acknowledges that this Deed may be relied on and enforced by the ACMA in accordance with its terms even though the ACMA is not a party to it.
- Interpretation
2.01In this Deed, unless the context indicates otherwise:
the Act means the Radiocommunications Act 1992;
Australian Administrationmeans the ACMA in its capacity as the governmental agency of the Australia Government responsible for discharging obligations under the Radio Regulations;
coordinationincludes the procedures for and process of effecting coordination with orobtaining agreement of ForeignAdministrations;
Deed means this Deed Poll including the Schedule;
Foreign Administration means a foreign administration of a member state of the ITU;
harmful interference has the same meaning as in section 1.169 of the Radio Regulations;
ITU means the International Telecommunication Union;
Manual of Procedures means the ACMA’s Manual of Procedures: Managing the Coordination and Notification of Satellite Networks as in existence from time to time;
Master Register means the Master International Frequency Register maintained by the ITU in accordance with the Radio Regulations;
Milestones means the milestones set out in section [ ] of the Manual of Procedures;
operational control meansthe ability to:
(a)control the radio transmissions of the satellite in the Satellite Network;
(b)manage the position and attitude of the satellite in the Satellite Network;
(c)ensure compliance with the technical parameters of the Satellite Network;
(d)ensure compliance with the technical parameters of all relevant coordination agreements;
Radio Regulations means the Radio Regulations of the ITU, including the Articles, Appendices, Resolutions and Recommendations, the ITU-R Recommendations incorporated by reference into the Radio Regulations, andthe Rules of Procedureapproved by the Radio Regulations Board of the ITU;
Satellite Networkmeans the satelliteand the cooperating earth stationsas set out in technical parameters filed with the ITU by the Australian Administration for the Satellite Operator;
Satellite System means the satellite system within which the Satellite Network cooperates.
2.02In this Deed, unless the contrary intention appears:
(a)terms and expressions defined in an Act have the meaning given to them by that Act;
(b)words in the singular include the plural and vice versa;
(c)words of inclusion are not words of limitation;
(d)where any word or phrase has a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning;
(e)a reference to a clause, subclause, paragraph or Schedule is a reference to the relevant clause, subclause, paragraph or Schedule of this Deed;
(f)a reference to any statute or legislation (whether primary or subordinate) is a reference to the statute or legislation as in force, modified, amended or replaced from time to time;
(g)a reference to a document or instrument is a reference to the document or instrument as in force, modified, amended or replaced from time to time;
(h)a reference to theSatellite Operator includes its administrators, successors and permitted assigns and substitutes;
(i)a reference to a person includes a natural person, partnership, association, bodycorporate,governmental or local authority or agency, or other entity;
(j)if any conflict arises between the covenants contained in the clauses of this Deed and any part of a Schedule of this Deed, the covenants in the clauses prevail.
2.03As far as possible all provisions of this Deed are to be construed so as not to be void or otherwise unenforceable.
2.04If anything in this Deed is void or otherwise unenforceable, it is to be severed and the rest of this Deed remains in force.
3.Scope of Deed
3.01 This Deed applies to the application for coordination and notification, and filing,of the Satellite Network with the ITU by the Australian Administrationfor the Satellite Operator.
3.02The Satellite Operator agrees to comply with the procedures set out in the Manual of Procedures as in existence from time to time.
3.03If the ACMA notifies the Satellite Operator in a report that it is not satisfied that a procedure in the Manual of Procedures has been complied with, the Satellite Operator will promptly respond to the matters raised in the report and resolve all the issues.
4.Control and Australian presence
4.01The Satellite Operator represents and warrants that:
(a)it has, and will continue to have, the capacity to enter into and carry out its obligations under this Deed;
(b)when radiocommunications transmissions are first made from the Satellite Network, it will have entered into all agreements and arrangements necessary to carry out its obligations under this Deed;
(c)it will maintain operational control of theSatellite Network from within Australia by operating a telecommand, tracking and control facility itself or by directing a third party to operate such a facility for it.
4.02The Satellite Operator will not, without the prior written consent of the ACMA, enter into any deed, contract, agreement, arrangement or other understanding, or do any act or thing, by virtue of whicha person other than the Satellite Operator may acquire operational control of the Satellite Network.
4.03The Satellite Operator will at all times remain a company that is incorporated in Australia under the Corporations Act 2001, carries on business in Australia, and has management staff employed in Australia.
5.Coordination and notification of Satellite Network
5.01The Satellite Operator will,for the coordination and notification of the Satellite Network,assist the ACMA by:
(a)giving the ACMA correct and substantially error-free correspondence to be checked for compliance with the Radio Regulations and policies of the Australian Government and forwarded to the ITU within the time limits set out in the Radio Regulations;
(b)rectifying any non-compliant correspondence returned by the ACMA to the Satellite Operator;
(c)giving the ACMA copies of all relevant correspondence and records of meetings requested by the ACMAabout coordination with or agreement of a Foreign Administration concerning the Satellite Network or for ensuring that harmful interference is not caused by the Satellite Network; and
(d)allowing the ACMA to participate in coordination meetings (within or outside Australia) concerning the Satellite Network.
5.02The Satellite Operatorwill take all reasonable steps and provide all information and cooperation requested by the ACMA, the ITU or aForeignAdministration to ensure that coordination of the Satellite Network with a Foreign Administration occurs in a thorough, proper and timely manner.
5.03If the Satellite Operator has received a request for information or cooperation from the ITU or aForeign Administration in situations where the Satellite Operator has reason to believe that the ACMA is not aware of the request, the Satellite Operatorwill notify the ACMA within 7 days of the request.
5.04The Satellite Operator will meet with the ACMA at least annually to review the need for eachSatellite Network, such meeting to take place at the Canberra central office of the ACMA or at such other location as may be agreed.
5.05The Satellite Operator will promptly notify the ACMA of any changes to the radiocommunications services that were initially set out in theapplication for coordination and notification of the Satellite Network made to the ACMA.
5.06The Satellite Operatorwill promptly notify the ACMA whenthe Satellite Networkno longerforms part of the Satellite System oris no longer used in the Satellite System.
5.07Where clause 5.06 applies, the Satellite Operator acknowledges that the ACMAmay, in relation to the Satellite Network, in whole or part, instruct the ITU to suppress the Satellite Network.
6.Commencement of operation of Satellite Network
6.01The Satellite Operatorwill not operate the Satellite Network to provide radiocommunications services until domestic coordination with prior Australian satellite networks filed with the ITU for other satellite operators is completed.
7.Milestones
7.01The Satellite Operator will accomplisheach of the Milestones within the timeframes set out for that Milestone in section [ ] of the Manual of Procedures, such timeframes to be calculated from the date of this Deed,and within 21days after the date of a Milestone provide evidence to satisfy the ACMA that the Milestone has been accomplished.
7.02If the ACMA notifies the Satellite Operator in a report that it is not satisfied that a Milestone has been accomplished, the Satellite Operator will promptly respond to the matters raised in the report and resolve all the issues.
8.Compliance with Radio Regulations
8.01The Satellite Operatorwill comply with the Radio Regulations that complement the Constitution and the Convention of the ITU.
9. Interference Management
9.01The Satellite Operator will take all reasonable steps to ensure that harmful interference is not caused by operation of the Satellite Network.
9.02If the Satellite Operatorhas received a complaint that transmissions from the Satellite Network have caused, are causing, or are likely to cause, harmful interference, itwill, as soon as practicable, provide the ACMA with:
(a)a copy of the complaint; and
(b)an engineering assessment of the nature and extent of the harmful interferencealleged in the complaint.
9.03The Satellite Operator will take all reasonable steps to resolve the complaint, including complying withwritten directions issued by the ACMA concerning:
(a)cessation of transmissions, if necessary;
(b)variation of transponder radiofrequency power output;
(c)variation of occupied bandwidth;
(d)variation of assigned frequency;
(e)variation of station keeping and position;
(f)variation of beam pointing accuracy and footprint contours; and
(g)providing information to the ACMA, the ITU and Foreign Administrations to resolve the issues in the complaint.
9.04The Satellite Operator will advise the ACMA if it cannot resolve the complaint or has not been able to resolve the complaintwithin 90 days after being notified of the complaint.
9.05In the event that the ACMA refers the complaint to conciliation under Part 4.3 of the Act, the Satellite Operator will comply with the conciliation process inthat Part conducted by a conciliator appointed by the ACMA, including complying with written directions issued by the ACMA under that Part.
10.Charges
10.01The Satellite Operator will pay all charges payable by it under the Radiocommunications (Charges) Determination 2007.
10.02The Satellite Operator will pay all ITU cost recovery charges for theSatellite Network in advance based on an estimate and issue of an invoice to it by the ITU.
11.Variation and termination
11.01This Deed may not be varied except with the prior written consent of the ACMA.
11.02Subject to clauses 11.03 and 11.04, this Deed may not be revoked except with the prior written consent of the ACMA.
11.03The Satellite Operator may, by giving 60 days prior written notice to the ACMA, revoke this Deed because:
(a)another person has made a deed in favour of the ACMA for the coordination, notification and radio interference management of the Satellite Network;
(b)the Satellite Network has become unnecessary to its requirements;
(c)the Satellite Network has reached the end of its operational life; or
(d)the Satellite Network is unlikely to be coordinated successfully.
11.04The Satellite Operator acknowledges that if it is in breach of this Deed or revokes this Deed for any reason, the ACMA may:
(a)instruct the ITU to suppress the Satellite Network;
(b)accept a deed from another Satellite Operator for the coordination, notification and radio interference management of the Satellite Network; and
(c)calculate all costs incurred by the ACMA in respect of the suppression of the Satellite Network and allITU cost recovery charges, and issue an invoice to the Satellite Operator for those costs and charges which it willpay.
11.05Notices under this Deed may be given to the ACMA to:
The Manager
Space Engineering Section
Spectrum Infrastructure Branch
Australian Communications and Media Authority
Purple Building, Benjamin Offices
Chan Street
Belconnen ACT 2617
Fax: +612 6219 5447
Email:
12.General
12.01This Deed is to be construed in accordance with the laws of the Australian Capital Territory.
12.02The Satellite Operator agrees to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any courts which have jurisdiction to hear appeals from any of those courts.
EXECUTED as a Deed
SIGNED, SEALED AND DELIVERED for and on behalf of [Satellite Operator Name] in accordance with its constitution and section 127 of the Corporations Act 2001 in the presence of:
Signature of Director
Name of Director
Signature of Director / Secretary
Name of Director / Secretary