Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118nr:p1
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118NR (pt 1/4)
Character Range: 138972–142061

118NR  Standard access entitlements of community broadcasters

Scope

 (1) This section applies to a foundation digital radio multiplex transmitter licence for a designated BSA radio area.

Reservation of multiplex capacity

 (2) Two‑ninths of multiplex capacity under the digital radio multiplex transmitter licence is reserved for digital community radio broadcasting licensees who are or may be nominated in accordance with subsection (3), (7) or (10).

Standard access entitlements—applicable fraction of multiplex capacity

 (3) If:
 (a) the digital community radio broadcasting representative company for the designated BSA radio area, by written notice given to the licensee of the digital radio multiplex transmitter licence:
 (i) nominates 2 or more digital community radio broadcasting licensees for the purposes of this subsection; and
 (ii) for each nominated digital community radio broadcasting licensee, determines an applicable fraction; and
 (b) the notice is in force;
each nominated digital community radio broadcasting licensee:
 (c) is entitled to access to the digital community radio broadcasting licensee's applicable fraction of the multiplex capacity reserved under subsection (2) (which entitlement is called a standard access entitlement); and
 (d) may only use that standard access entitlement for the purpose of providing, under the digital community radio broadcasting licence, one or more digital community radio broadcasting services in the designated BSA radio area; and
 (e) is not entitled to transfer the digital community radio broadcasting licensee's standard access entitlement.

 (4) The sum of the applicable fractions determined in a notice under subsection (3) must not be greater than 1.

 (5) The applicable fractions determined in a notice under subsection (3) may be the same or different for each nominated digital community radio broadcasting licensee.

 (6) A notice given by a digital community radio broadcasting representative company cannot be in force under subsection (3) at the same time as:
 (a) another notice given by the company is in force under subsection (3); or
 (b) a notice given by the company is in force under subsection (7) or (10).

Standard access entitlements—designated fraction of multiplex capacity

 (7) If:
 (a) the digital community radio broadcasting representative company for the designated BSA radio area, by written notice given to the licensee of the digital radio multiplex transmitter licence, nominates 2 or more digital community radio broadcasting licensees for the purposes of this subsection; and
 (b) the notice is in force;
each nominated digital community radio broadcasting licensee:
 (c) is entitled to access to the designated fraction of the multiplex capacity reserved under subsection (2) (which entitlement is called a standard access entitlement); and
 (d) may only use that standard access entitlement for the purpose of providing, under the digital community radio broadcasting licence, one or more digital community radio broadcasting services in the designated BSA radio area;