Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p6
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 13685–16401

Act is amended by adding at the end thereof the following sub-section:
"(6) This section does not apply to a licence in respect of the grant of which an application may be lodged under sub-section 82a (1) or is lodged under sub-section 82a (6).".

     12. After section 82 of the Principal Act the following section is inserted:

Applications for supplementary licences and associated commercial translator licences
"82a. (1) Subject to sub-section (2), the holder of a licence for a commercial broadcasting station or a consortium each member of which is the holder of such a licence may lodge with the Minister, in accordance with a form approved by the Minister, an application for the grant of a licence for a broadcasting station, being a station whose programs are to be transmitted solely by way of frequency modulation, for the purpose of serving an area the specification of which is to be determined by the Minister in accordance with sub-section (10).

"(2) An application shall not be lodged under sub-section (1) by—
     (a) the holder of a licence for a commercial broadcasting station whose programs are transmitted solely by way of frequency modulation; or
     (b) a consortium of which any member is a person referred to in paragraph (a).
"(3) Where an application (other than an application to which sub-section (4) applies) is lodged in accordance with sub-section (1) for the grant of a licence, the Minister may—
     (a) refer the application to the Tribunal, together with a notice in writing setting out—
          (i) the specification of the area determined by the Minister to be served in pursuance of the supplementary licence, if granted; and
          (ii) an outline of the other specifications to which it is proposed the supplementary licence, if granted, is to be subject; or
     (b) dismiss the application for a reason relating to technical matters or to the planning or development of broadcasting and television services.
"(4) The Minister shall dismiss an application lodged under sub-section (1) by a consortium if, in the opinion of the Minister, the whole or a substantial part of the area served in pursuance of the commercial licence referred to in that sub-section held by a member of the consortium is not coextensive with the whole or a substantial part of the area served in pursuance of the commercial licence so referred to held by the other member, or each of the other members, as the case requires.

"(5) The Minister shall, as soon as practicable but in any case within 21 days, inform an applicant, by notice in writing, of his decision under sub-section (3) or (4) and—
     (a) where paragraph (3) (a) applies—of the matters set out in the notice referred