Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_109b:p1
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 109B (pt 1/4)
Character Range: 102277–105160

109B  Conditions of digital radio multiplex transmitter licences—general

 (1) A digital radio multiplex transmitter licence is subject to the following conditions:
 (a) a condition that the licensee must comply with this Act;
 (b) a condition that the licensee meet all obligations (if any) of the licensee to pay:
 (i) charges fixed by determinations under section 60 of the Australian Communications and Media Authority Act 2005; and
 (ii) amounts of apparatus licence tax;
 (c) a condition that the licensee inform each person authorised by the licensee to operate a multiplex transmitter under the licence of the person's obligations to comply with this Act and the conditions of the licence;
 (d) if the licence is for 2 or more multiplex transmitters—a condition that one of those multiplex transmitters is to be used as the main multiplex transmitter and the others as repeater multiplex transmitters;
 (e) a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence except on a frequency channel or channels, and at a constancy, specified in the licence in accordance with the relevant digital radio channel plan;
 (f) if the licence is a category 1 digital radio multiplex transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence for transmitting a service unless:
 (i) the service is a digital commercial radio broadcasting service, and there is in force a commercial radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; or
 (ii) the service is a digital community radio broadcasting service, and there is in force a designated community radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; or
 (iii) the service is a restricted datacasting service, and there is in force a restricted datacasting licence authorising the provision of the service;
 (g) if the licence is a category 2 digital radio multiplex transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence for transmitting a service unless:
 (i) the service is a digital commercial radio broadcasting service, and there is in force a commercial radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; or
 (ii) the service is a digital community radio broadcasting service, and there is in force a designated community radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; or
 (iii) the service is a digital national radio broadcasting service; or
 (iv) the service is a