Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 109C

Compliance with access regime etc.

  (1)   A category 1 digital radio multiplex transmitter licence and a category 2 digital radio multiplex transmitter licence are subject to the following conditions:

  (a)   a condition that the licensee, and each person authorised by the licensee to operate a multiplex transmitter under the licence, will comply with any applicable obligations under Division   4B;

  (b)   a condition that the licensee, and any person so authorised, will comply with an access undertaking in force under Division   4B in relation to the licence;

  (c)   a condition that the licensee, and any person so authorised, will not give access to multiplex capacity under the licence otherwise than in compliance with:

  (i)   the standard access obligations (if any) that are applicable to the licence; or

  (ii)   the excess - capacity access obligations (if any) that are applicable to the licence; or

  (iii)   the distributed - capacity access obligations (if any) that are applicable to the licence.

Proceeds of auctions

  (2)   If:

  (a)   a foundation digital radio multiplex transmitter licence was issued otherwise than in accordance with a price - based allocation system determined under section   106; and

  (b)   the licensee receives the net proceeds of an auction mentioned in subsection   118NT(6);

the licence is subject to the following conditions:

  (c)   the licensee will set aside the net proceeds of the auction in a separate account with an ADI (within the meaning of the Banking Act 1959 );

  (d)   the licensee will not apply those net proceeds except for the purpose of:

  (i)   promoting the digital radio broadcasting platform in Australia; or

  (ii)   discharging a liability of the licensee to pay a fee or charge in relation to the maintenance or operation of the account; or

  (iii)   discharging a liability incurred by the licensee in connection with the auction (other than a liability to comply with an obligation under Division   4B).

Definition

  (3)   In this section:

"multiplex capacity" has the same meaning as in Division   4B.