Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118nq:p2
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118NQ (pt 2/2)
Character Range: 137432–138969

that this section has effect as if the licensee's subsection (2) notice had never been given; and
 (e) determine that this section has effect as if the licensee had given a notice under subsection (2) in relation to another foundation digital radio multiplex transmitter licence for the designated BSA radio area.

Transfer of standard access entitlements—notice under subsection 35D(2) of the Broadcasting Services Act 1992

 (7) If:
 (a) a digital commercial radio broadcasting licensee for the designated BSA radio area holds a standard access entitlement; and
 (b) the digital commercial radio broadcasting licensee is given a notice under subsection 35D(2) of the Broadcasting Services Act 1992;
then:
 (c) the standard access entitlement is transferred to the ACMA when the notice is given; and
 (d) if, as a result of the giving of the notice, the ACMA allocates a digital commercial radio broadcasting licence (the new licence) in accordance with subsection 35D(3) of the Broadcasting Services Act 1992:
 (i) the standard access entitlement is transferred to the licensee of the new licence; and
 (ii) the licensee of the new licence may only use that standard access entitlement for the purpose of providing, under the new licence, one or more digital commercial radio broadcasting services in the designated BSA radio area.

 (8) Subsection (7) has effect subject to section 118NV.

 (9) If a standard access entitlement is transferred to the ACMA under paragraph (7)(c), the ACMA must not use the standard access entitlement.