Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 102E

Holder of a category 3 digital radio multiplex licence

  (1)   The ACMA must not issue a category 3 digital radio multiplex transmitter licence to a person unless the person is a qualified company, and:

  (a)   both:

  (i)   each national broadcaster beneficially owns shares in the company; and

  (ii)   there are no other beneficial owners of shares in the company; or

  (b)   both:

  (i)   a single national broadcaster beneficially owns all the shares in the company; and

  (ii)   the other national broadcaster has consented to that beneficial ownership.

Obligation to issue a category 3 digital radio multiplex licence

  (2)   If:

  (a)   a digital radio channel plan is in force for a designated BSA radio area; and

  (b)   a qualified company applies under section   99 for a category 3 digital radio multiplex transmitter licence for the designated BSA radio area; and

  (c)   the requirements of paragraph   (1)(a) or (b) of this section are satisfied in relation to the qualified company;

the ACMA must, under section   100, issue the category 3 digital radio multiplex transmitter licence to the company unless there is already a category 3 digital radio multiplex transmitter licence for the designated BSA radio area.

National broadcaster may hold shares in the holder of a category 3 digital radio multiplex licence etc.

  (3)   A national broadcaster may hold shares in a company that:

  (a)   is the holder of a category 3 digital radio multiplex transmitter licence; or

  (b)   is an applicant for the issue of a category 3 digital radio multiplex transmitter licence; or

  (c)   proposes to apply for the issue of a category 3 digital radio multiplex transmitter licence.