Document ID: chunk:federal_register_of_legislation:C2024C00823:section:44a:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 44A (pt 1/2)
Character Range: 99124–101908

44A  Preparation of digital radio channel plans
 (1) Before issuing the first digital radio multiplex transmitter licence for a designated BSA radio area, the ACMA must, by legislative instrument, prepare a plan that:
 (a) allots a frequency channel or channels in relation to the designated BSA radio area for use by digital radio multiplex transmitter licensees, where each allotted frequency channel has a bandwidth of at least 1.536 MHz; and
 (b) reserves a frequency channel of at least 1.536 MHz bandwidth for a category 3 digital radio multiplex transmitter licence for the designated BSA radio area to be issued in accordance with subsection 102E(2); and
 (c) determines which of the following types of licences, or which combination of the following types of licences, are to be issued for the designated BSA radio area:
 (i) category 1 digital radio multiplex transmitter licence;
 (ii) category 2 digital radio multiplex transmitter licence; and
 (d) if a particular type of licence mentioned in paragraph (c) is to be issued for the designated BSA radio area—determines whether:
 (i) a single licence of that type is to be issued for the designated BSA radio area; or
 (ii) 2 or more licences of that type are to be issued for the designated BSA radio area; and
 (e) determines technical specifications of multiplex transmitters operated under digital radio multiplex transmitter licences for the designated BSA radio area.
 (2) The plan must be consistent with:
 (a) the spectrum plan; and
 (b) any relevant frequency band plans; and
 (d) any relevant licence area plans prepared under section 26 of the Broadcasting Services Act 1992.
 (3) A plan under subsection (1) is to be known as the digital radio channel plan for the designated BSA radio area.
 (4) A copy of a digital radio channel plan is to be made available on the ACMA's website.
 (4A) A digital radio channel plan may confer a power to make a decision of an administrative character on the ACMA.

Variation of digital radio plans
 (6) The ACMA may, by legislative instrument, vary a digital radio channel plan.

ACMA must have regard to authorised digital radio broadcasting services
 (8) In preparing a plan under subsection (1) or varying a plan under subsection (6), the ACMA must have regard to:
 (a) the digital commercial radio broadcasting services that are, or will be, authorised by commercial radio broadcasting licences for the designated BSA radio area; and
 (b) the digital community radio broadcasting services that are, or will be, authorised by community radio broadcasting licences for the designated BSA radio area; and
 (c) the digital national radio broadcasting services that are, or will be, provided by national broadcasters in the designated BSA radio area.
 (9) Subsection (8) does