Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_109c
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 109C
Character Range: 110321–112454

109C  Conditions of category 1 and category 2 digital radio multiplex transmitter licences—access etc.

Compliance with access regime etc.

 (1) A category 1 digital radio multiplex transmitter licence and a category 2 digital radio multiplex transmitter licence are subject to the following conditions:
 (a) a condition that the licensee, and each person authorised by the licensee to operate a multiplex transmitter under the licence, will comply with any applicable obligations under Division 4B;
 (b) a condition that the licensee, and any person so authorised, will comply with an access undertaking in force under Division 4B in relation to the licence;
 (c) a condition that the licensee, and any person so authorised, will not give access to multiplex capacity under the licence otherwise than in compliance with:
 (i) the standard access obligations (if any) that are applicable to the licence; or
 (ii) the excess‑capacity access obligations (if any) that are applicable to the licence; or
 (iii) the distributed‑capacity access obligations (if any) that are applicable to the licence.

Proceeds of auctions

 (2) If:
 (a) a foundation digital radio multiplex transmitter licence was issued otherwise than in accordance with a price‑based allocation system determined under section 106; and
 (b) the licensee receives the net proceeds of an auction mentioned in subsection 118NT(6);
the licence is subject to the following conditions:
 (c) the licensee will set aside the net proceeds of the auction in a separate account with an ADI (within the meaning of the Banking Act 1959);
 (d) the licensee will not apply those net proceeds except for the purpose of:
 (i) promoting the digital radio broadcasting platform in Australia; or
 (ii) discharging a liability of the licensee to pay a fee or charge in relation to the maintenance or operation of the account; or
 (iii) discharging a liability incurred by the licensee in connection with the auction (other than a liability to comply with an obligation under Division 4B).

Definition

 (3) In this section:

multiplex capacity has the same meaning as in Division 4B.