Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:2_109a:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 2 cl 109A (pt 1/4)
Character Range: 202211–204962

109A  Conditions of datacasting transmitter licences

 (1) A datacasting transmitter licence is subject to the following conditions:
 (a) a condition that the licensee must comply with this Act;
 (b) a condition that the licensee meet all obligations (if any) of the licensee to pay:
 (i) charges fixed by determinations under section 53 of the Australian Communications Authority Act 1997; and
 (ii) amounts of apparatus licence tax;
 (c) a condition that the licensee inform each person authorised by the licensee to operate a radiocommunications transmitter under the licence of the person's obligations to comply with this Act and the conditions of the licence;
 (d) a condition that the licensee, and any person so authorised, must not operate, or permit operation of, the transmitter except on a frequency or frequencies, or on a frequency channel, and at a constancy, specified in the licence;
 (e) a condition that the licensee, and any person so authorised, must not operate, or permit operation of, such a transmitter except within:
 (i) a part of the spectrum covered by a determination under subsection 34(3) of the Broadcasting Services Act 1992; or
 (ii) a part of the spectrum covered by a determination under subsection 34(1) of the Broadcasting Services Act 1992 because of paragraph 34(1)(fa) of that Act;
 (f) a condition that the licensee, and any person so authorised, must comply with guidelines developed by the ABA under section 33 of the Broadcasting Services Act 1992;
 (fa) a condition that the licensee, and any person so authorised, must comply with any regulations made for the purposes of clause 36B of Schedule 4 to the Broadcasting Services Act 1992;
 (g) a condition that the licensee, or a person so authorised, will commence to transmit a datacasting service within 1 year after the allocation of the licence or within such longer period as is notified in writing by the ABA;
 (ga) a condition that the licensee, or any person so authorised, will transmit a datacasting service during the whole or a part of each day in the period:
 (i) beginning on the commencement referred to in paragraph (g); and
 (ii) ending immediately before 1 January 2007;
  (for this purpose, disregard a particular day if, in that period, there are fewer than:
 (iii) 180 days; or
 (iv) if the ABA, by writing, notifies a greater number of days—that greater number of days;
  on which there has been no transmission of a datacasting service under the licence);
 (h) a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter before 1 January 2007 for transmitting a datacasting service unless there is in force a BSA datacasting licence authorising the provision of that