Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_118b
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 118B
Character Range: 82469–84027

118B  Applicant for channel B datacasting transmitter licences must give the ACCC an access undertaking

 (1) A person is not eligible to apply for a channel B datacasting transmitter licence unless:
 (a) the person has given the ACCC a written undertaking that, in the event that the licence is issued to the person, each of the following persons:
 (i) the first holder of the licence;
 (ii) any person authorised by the first holder of the licence to operate radiocommunications transmitters under the licence;
 (iii) any future holder of the licence;
 (iv) any person authorised by a future holder of the licence to operate radiocommunications transmitters under the licence;
  will:
 (v) comply with such obligations in relation to access to the licence as are ascertained in accordance with the undertaking; and
 (vi) do so on such terms and conditions as are agreed with the holder of the licence (or the person so authorised) or, failing agreement, on such terms and conditions as are ascertained in accordance with the undertaking; and
 (b) the ACCC has accepted the undertaking.

 (2) The undertaking must be in a form approved in writing by the ACCC.

 (3) The undertaking must be accompanied by the fee (if any) specified in the Procedural Rules. The amount of the fee must not be such as to amount to taxation.

 (4) The undertaking may be without limitations or may be subject to such limitations as are specified in the undertaking.

 (5) The Procedural Rules may make provision for or in relation to a time limit for giving the undertaking.