Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118ny
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118NY
Character Range: 166115–168004

118NY  Renewal of digital radio multiplex transmitter licence

Standard access entitlement

 (1) If:
 (a) a digital radio multiplex transmitter licence is renewed; and
 (b) immediately before the expiry of the original licence, a content service provider held a standard access entitlement in relation to a fraction of multiplex capacity under the licence;
the entitlement remains in existence while the new licence is in force, as if it were a standard access entitlement in relation to the new licence.

 (2) Subsection (1) does not prevent:
 (a) the transfer of a standard access entitlement under subsection 118NQ(7) or 118NS(2) or (3); or
 (b) the revocation of a notice given under subsection 118NR(3), (7) or (10).

Excess‑capacity access entitlement

 (3) If:
 (a) a digital radio multiplex transmitter licence is renewed; and
 (b) immediately before the expiry of the original licence, a content service provider held an excess‑capacity access entitlement in relation to a fraction of multiplex capacity under the licence;
the entitlement remains in existence while the new licence is in force, as if it were an excess‑capacity access entitlement in relation to the new licence.

 (4) Subsection (3) does not prevent the transfer of an excess‑capacity access entitlement.

Distributed‑capacity access entitlement

 (5) If:
 (a) a digital radio multiplex transmitter licence is renewed; and
 (b) immediately before the expiry of the original licence, a content service provider held a distributed‑capacity access entitlement in relation to a fraction of multiplex capacity under the licence;
the entitlement remains in existence while the new licence is in force, as if it were a distributed‑capacity access entitlement in relation to the new licence.

 (6) Subsection (5) does not prevent the transfer of a distributed‑capacity access entitlement.

Subdivision D—Enforcement