Document ID: chunk:federal_register_of_legislation:C2024C00823:section:118nt:p2
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 118NT (pt 2/3)
Character Range: 291843–294768

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 short of that excess multiplex capacity—each interested content service provider:
 (a) is entitled to access to the fraction of multiplex capacity sought by the interested content service provider (which entitlement is called an excess‑capacity access entitlement); and
 (b) may only use that excess‑capacity access entitlement for the purpose of providing one or more content services in the designated BSA radio area; and
 (c) may transfer that excess‑capacity access entitlement to another content service provider who is entitled to provide one or more content services in the designated BSA radio area.
 (5) The excess‑capacity access entitlement referred to in paragraph (4)(a) commences:
 (a) at the end of the 30‑day period beginning on the day on which the demand from interested content service providers is ascertained under whichever of subsection (2) or (3) is applicable; or
 (b) if the digital radio multiplex transmitter licensee agrees to an earlier time—at that earlier time.

Demand is greater than excess multiplex capacity
 (6) 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, is greater than that excess multiplex capacity, the digital radio multiplex transmitter licensee must:
 (a) use an open and transparent auction process to determine which content service providers are to have access to which fractions of multiplex capacity for the purpose of providing one or more content services in the designated BSA radio area; and
 (b) do so before the end of the 60‑day period beginning on the day on which the demand from interested content service providers is ascertained under whichever of subsection (2) or (3) is applicable.
 (7) If, as a result of an auction process mentioned in subsection (6), a content service provider is to have access to a particular fraction of multiplex capacity, the content service provider:
 (a) is entitled to access to that fraction of multiplex capacity (which entitlement is called an excess‑capacity access entitlement); and
 (b) may only use that excess‑capacity access entitlement for the purpose of providing one or more content services in the designated BSA radio area; and
 (c) may transfer that excess‑capacity access entitlement to another content service provider who is entitled to provide one or more content services in the designated BSA radio area.
 (8) The excess‑capacity access entitlement referred to in paragraph (7)(a)