Document ID: chunk:federal_register_of_legislation:C2021C00453:clause:6_11
Version: federal_register_of_legislation:C2021C00453
Segment Type: clause
Provision Reference: sch 6 cl 11
Character Range: 48436–49721

11  After subsection 100(5)
Insert:
 (5A) In deciding whether to issue a transmitter licence authorising operation of a radiocommunications transmitter:
 (a) within a part of the spectrum designated under subsection 31(1) or (1A); and
 (b) at a particular location (the relevant location);
for transmitting or re‑transmitting a commercial broadcasting service, the ACMA must also have regard to:
 (c) whether:
 (i) the commercial television broadcasting licensee; or
 (ii) the commercial radio broadcasting licensee;
  who provides the commercial broadcasting service has previously held a transmitter licence authorising operation of a radiocommunications transmitter for transmitting or re‑transmitting the commercial broadcasting service at a location that is the same as, or substantially similar to, the relevant location; and
 (d) whether there is a commercial arrangement between:
 (i) the applicant for the transmitter licence; and
 (ii) the commercial television broadcasting licensee or the commercial radio broadcasting licensee who provides the commercial broadcasting service;
  in relation to:
 (iii) the application; or
 (iv) the transmission of the commercial broadcasting service at a location that is the same as, or substantially similar to, the relevant location.