Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_109d
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 109D
Character Range: 112454–113595

109D  Condition of foundation digital radio multiplex transmitter licences—ownership of shares in licensee

 (1) This section applies to a foundation digital radio multiplex transmitter licence for a designated BSA radio area if:
 (a) the licence was issued otherwise than in accordance with a price‑based allocation system determined under section 106; and
 (b) the digital radio moratorium period for the designated BSA radio area has not ended.

 (2) The licence is subject to the condition that the licensee must take all reasonable steps to ensure that a person does not hold shares in the licensee unless the person is:
 (a) in any case—an incumbent digital commercial radio broadcasting licensee for the designated BSA radio area; or
 (b) in any case—the digital community radio broadcasting representative company for the designated BSA radio area; or
 (c) in any case—the holder of a digital commercial radio broadcasting licence allocated in accordance with subsection 35D(3) of the Broadcasting Services Act 1992; or
 (d) in the case of a foundation category 2 digital radio multiplex transmitter licence—a national broadcaster.