Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_118e
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 118E
Character Range: 86152–87567

118E  Duration of access undertaking etc.

 (1) If:
 (a) a person gives an access undertaking to the ACCC in relation to a channel B datacasting transmitter licence; and
 (b) the ACCC accepts the access undertaking; and
 (c) the licence is issued to the person;
the access undertaking:
 (d) comes into force when the licence is issued; and
 (e) remains in force while the licence is in force; and
 (f) is suspended while the licence is suspended.

 (2) To avoid doubt, if:
 (a) an access undertaking is in force in relation to a channel B datacasting transmitter licence; and
 (b) the licence is transferred;
then:
 (c) the transfer does not result in the lapse of the access undertaking; and
 (d) the transferee, and any person authorised by the transferee to operate radiocommunications transmitters under the licence, is bound by the access undertaking.

 (3) If:
 (a) a channel B datacasting transmitter licence is renewed; and
 (b) immediately before the expiry of the original licence, an access undertaking was in force in relation to the original licence;
the access undertaking:
 (c) remains in force while the new licence is in force, as if:
 (i) it were an access undertaking in relation to the new licence; and
 (ii) each reference in the access undertaking to a holder of the original licence were a reference to a holder of the new licence; and
 (d) is suspended while the new licence is suspended.