Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118nt:p1
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118NT (pt 1/3)
Character Range: 150191–153147

118NT  Excess‑capacity access entitlements etc.

Scope

 (1) This section applies to a foundation digital radio multiplex transmitter licence for a designated BSA radio area if:
 (a) on the digital start‑up day for the area, the multiplex capacity available under the digital radio multiplex transmitter licence exceeds the aggregate of:
 (i) the fractions of multiplex capacity relating to standard access entitlements that have come into existence under subsections 118NQ(2) and 118NS(2); and
 (ii) the fractions of multiplex capacity reserved under subsection 118NR(2); or
 (b) at any time after the 12‑month period beginning on the digital start‑up day for the area, the multiplex capacity available under the digital radio multiplex transmitter licence exceeds the aggregate of:
 (i) the fractions of multiplex capacity relating to standard access entitlements that have come into existence under subsections 118NQ(2) and 118NS(2); and
 (ii) the fractions of multiplex capacity reserved under subsection 118NR(2);
and an access undertaking is in force in relation to the licence.

Initial level of demand for access to excess multiplex capacity must be ascertained

 (2) If paragraph (1)(a) applies, the digital radio multiplex transmitter licensee must:
 (a) within 90 days after the digital radio start‑up day for the designated BSA radio area, ascertain the level of demand for access to that excess multiplex capacity from content service providers who are entitled to provide one or more content services in the designated BSA radio area; and
 (b) by notice published on the licensee's Internet site:
 (i) give at least 30 days notice of the licensee's intention to ascertain the level of demand as mentioned in paragraph (a); and
 (ii) invite content service providers to express an interest in having access to that excess multiplex capacity.

Subsequent level of demand for access to excess multiplex capacity may be ascertained

 (3) If paragraph (1)(b) applies, the following provisions have effect:
 (a) the digital radio multiplex transmitter licensee may ascertain the level of demand for access to that excess multiplex capacity from content service providers who are entitled to provide one or more content services in the designated BSA radio area; and
 (b) if the licensee proposes to ascertain the level of demand as mentioned in paragraph (a)—the digital radio multiplex transmitter licensee must, by notice published on the licensee's Internet site:
 (i) give at least 30 days notice of the licensee's intention to ascertain the level of demand as mentioned in paragraph (a); and
 (ii) invite content service providers to express an interest in having access to that excess multiplex capacity.

Demand falls short of excess multiplex capacity

 (4) If the demand from interested content service providers for access to that excess multiplex capacity, as ascertained under whichever of subsection (2) or (3) is applicable, falls