Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_41d:p1
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 41D (pt 1/2)
Character Range: 26631–29441

41D  Services authorised by commercial radio broadcasting licences

Licences in force immediately before the commencement of this section

 (1) If:
 (a) a commercial radio broadcasting licence was in force immediately before the commencement of this section; and
 (b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
then, during the period:
 (c) beginning at the start of the day on which this section commences; and
 (d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.

Licences allocated on or after the commencement of this section

 (2) If:
 (a) a commercial radio broadcasting licence is allocated on or after the commencement of this section but before the digital radio start‑up day for the licence area; and
 (b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area;
then, during the period:
 (c) beginning at the start of the day on which the licence is allocated; and
 (d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.

Licences in force immediately before the digital radio start‑up day for the licence area

 (3) If:
 (a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
 (b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
then, on and after the digital radio start‑up day for the licence area, the licence is taken to authorise the licensee to provide the following services in the licence area:
 (c) the analog commercial radio broadcasting service;
 (d) one or more digital commercial radio broadcasting services.

Licences allocated on or after digital radio start‑up day for the licence area

 (4) If:
 (a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
 (b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.

 (5) If:
 (a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
 (b) the licence is allocated as a licence to provide digital commercial radio broadcasting services in the licence area;
the licence is taken to authorise the licensee to provide one or more digital commercial radio broadcasting services in the licence area.

Section 35D

 (6)