Document ID: chunk:federal_register_of_legislation:F2006B00135:body:0:p4
Version: federal_register_of_legislation:F2006B00135
Segment Type: other
Provision Reference: 
Character Range: 8039–10844

details of what is contained in the complaint which gives the licensee a clear understanding of the substance of the complaint.  The licensee must be given 30 days from the date on which the licensee is advised of the complaint in which to respond.

(4) In considering whether or not to cancel an apparatus licence for a low power open narrowcasting service for contravention of any conditions included in the licence because of sections 5, 6, 7 and 9 of this Direction, the ACA must have regard to:

       (a)          arrangements made by the licensee for access and use of a site for the purpose of providing the service;

       (b)          ownership, purchase, lease or hire, or other arrangements made by the licensee for the use of a transmitter on the site for the purpose of providing the service;

       (c)          arrangements made by the licensee to obtain programs for use in providing the service;

       (d)          the regularity and continuity of programs broadcast by the licensee from the site;

       (e)          the nature of the service to which the licence relates and which is being provided by the licensee;

       (f)           the maintenance of records of the commencement, hours of operation and provision of a service under the licence; and

       (g)          other such matters as the ACA considers relevant.

(5) In considering whether a condition included in an apparatus licence because of clauses 5(b), 6(b), 7(b) or 9(b) requiring continued provision of a service has been complied with, the ACA must have regard to:

       (a)          the period for which a service has not been provided in relation to the period in which it could have been provided;

       (b)          whether any circumstances existed which gave rise to a failure to continue to provide a service that were beyond the reasonable control of the licensee or persons with whom arrangements existed under paragraph 10(4)(b);

       (c)          the number of other apparatus licences for low power open narrowcasting services held by the licensee and the level of services provided under those licences;

       (d)          such other matters as the ACA considers relevant.

11. Direction – no issue of a licence on similar terms

The ACA must not grant an apparatus licence for a low power open narrowcasting service on similar terms or including similar details to that of an existing licence during the period in which a complaint is being assessed in relation to the existing licence.  This applies to an application by any person.

12. Direction – exercise of powers

The ACA must not exercise its powers under the Radiocommunications Act 1992 in a manner that is inconsistent with this Direction and any conditions imposed on licences because of this Direction.