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Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2018

 Radiocommunications  Act 1992

 The AUSTRALIAN COMPETITION AND CONSUMER COMMISSION makes this
 Determination under section 118NJ of the Radiocommunications Act 1992.

 Dated 14 May 2018

                                        Rod Sims
  Chairman

 Australian Competition and Consumer Commission

 1  Name of Determination

       This  Determination  is  the  Digital  Radio  Multiplex  Transmitter  Licences
(Decision-Making Criteria) Determination 2018.

 2  Commencement

       This Determination commences on the day after it is registered on the Federal
Register of Legislative Instruments.

 3 Repeal

       The Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2008 is repealed.

 4 Object of Determination

       The object of this Determination is to promote transparency in decision-making by setting out the criteria that the ACCC must apply in deciding whether to accept an access undertaking or a variation of an access undertaking given to the ACCC in relation to a digital radio multiplex transmitter licence.

 5  Definitions

       In this Determination, unless the contrary intention appears:

       ACCC means the Australian Competition and Consumer Commission. access undertaking means an undertaking under section 118ND of the Act. Act means the Radiocommunications Act 1992.
category 1 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.

       category 2 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.

       digital radio multiplex transmitter licence means:

          (a)  a category 1 digital radio multiplex transmitter licence; or
          (b)  a category 2 digital radio multiplex transmitter licence.

       licensee means a holder of a digital radio multiplex transmitter licence or any person authorised by the holder of the licence to operate multiplex transmitters under the licence.

       multiplex capacity has the meaning given by section 118NB of the Act.

       variation of an access undertaking means a variation of an access undertaking under section 118NH of the Act.

 6 Acceptance of access undertakings

          (1)   In deciding whether to accept an access undertaking, the ACCC must have regard to the following matters:

          (a)  whether the access undertaking complies with Division 4B of Part
             3.3 of the Act;

             (b)  whether  the  access  undertaking  unduly  restricts  competition  in related markets;

             (c)  whether the terms and conditions of access specified in the access undertaking are reasonable;

             (d)  whether the terms and conditions of access specified in the access undertaking include access prices or pricing methodologies  which are fair and reasonable;

             (e)  whether  the  access  undertaking  includes  an  obligation  on  the licensee to not hinder access to services;

             (f)   whether the terms and conditions of access specified in the access undertaking provide for a reasonable dispute resolution mechanism.

          (2)   Subsection (1) does not, by implication, limit the matters to which regard may be had.

 7  Acceptance of variations of access undertakings

          (1)   For the purposes of this