Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:1_38b:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 1 cl 38B (pt 1/4)
Character Range: 8418–11369

38B  Additional commercial television licences in 2‑station markets

 (1) If:
 (a) a particular licence area is the licence area of only 2 commercial television broadcasting licences (the parent licences) that are in force; and
 (b) neither of those licences was allocated under section 38A; and
 (c) an additional commercial television broadcasting licence can be allocated for the licence area;
the existing licensees may, within 90 days after the designated time for the licence area, give to the ABA:
 (d) a joint written notice stating that:
 (i) a company specified in the notice (the joint‑venture company) will apply for an additional commercial television broadcasting licence for the licence area; and
 (ii) the joint‑venture company is jointly owned by the existing licensees; and
 (iii) the joint‑venture company is formed in Australia or an external Territory and has a share capital; or
 (e) a joint written notice stating that each of the existing licensees will apply separately for an additional commercial television broadcasting licence for the licence area; or
 (f) a joint written notice stating that only the existing licensee specified in the notice will apply for an additional commercial television broadcasting licence for the licence area.

Application by joint‑venture company

 (2) If a notice is given under paragraph (1)(d), the joint‑venture company may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.

Separate applications by existing licensees

 (3) If a notice is given under paragraph (1)(e), each existing licensee may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.

Application by only one of the existing licensees

 (4) If a notice is given under paragraph (1)(f), the existing licensee specified in the notice may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.

Allocation of additional licence to joint‑venture company

 (5) As soon as practicable after receiving an application under subsection (2), the ABA must allocate an additional commercial television broadcasting licence to the joint‑venture company for the licence area, so long as the ABA is satisfied that the joint‑venture company is jointly owned by the existing licensees.

Allocation of additional licence to existing licensee

 (6) If the ABA has received applications from both of the existing licensees under subsection (3), the ABA must allocate an additional commercial television broadcasting licence to one of those licensees for the licence area in accordance with a price‑based system determined under subsection (10).

 (7) If, by the end