Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118nd
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118ND
Character Range: 118044–119418

118ND  Digital radio multiplex transmitter licensees must give the ACCC access undertakings

 (1) A digital radio multiplex transmitter licensee must, within 3 months after the issue of the licence, give the ACCC a written undertaking that each of the following persons:
 (a) the first holder of the licence;
 (b) any person authorised by the first holder of the licence to operate a multiplex transmitter under the licence;
 (c) any future holder of the licence;
 (d) any person authorised by a future holder of the licence to operate a multiplex transmitter under the licence;
will comply with such terms and conditions as are ascertained in accordance with the undertaking in relation to:
 (e) the standard access obligations (if any) that are, or may become, applicable to the licence; and
 (f) the excess‑capacity access obligations (if any) that are, or may become, applicable to the licence; and
 (g) the distributed‑capacity access obligations (if any) that are, or may become, applicable to the licence.

 (2) The undertaking must be in a form approved in writing by the ACCC.

 (3) The undertaking must be accompanied by the fee (if any) specified in the Procedural Rules. The amount of the fee must not be such as to amount to taxation.

 (4) The undertaking may be without limitations or may be subject to such limitations as are specified in the undertaking.