Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_35d
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 35D
Character Range: 21743–24145

35D  Exception to the digital radio moratorium—failure to provide a digital commercial radio broadcasting service

Scope

 (1) This section applies to a commercial radio broadcasting licence if:
 (a) the licence was in force immediately before the digital radio start‑up day for the licence area; and
 (b) the licence authorises the licensee to provide any digital commercial radio broadcasting services in the licence area; and
 (c) at a particular time (the relevant time) during the digital radio moratorium period for the licence area, the ACMA is satisfied that the licensee is not providing at least one digital commercial radio broadcasting service under the licence in the licence area.

Licence ceases to authorise the provision of digital commercial radio broadcasting services etc.

 (2) As soon as practicable after the relevant time, the ACMA must, by written notice given to the licensee, determine that:
 (a) the licence ceases to authorise the licensee to provide one or more digital commercial radio broadcasting services in the licence area; and
 (b) the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog commercial radio broadcasting service; and
 (c) despite subsection 36A(5), the licence is subject to the condition that the licensee may only provide an analog commercial radio broadcasting service under the licence.

ACMA must allocate a new commercial radio broadcasting licence for the licence area

 (3) As soon as practicable after a notice under subsection (2) is given to a licensee of a commercial radio broadcasting licence (the first licence), the ACMA must:
 (a) allocate, under subsection 36(1), a single commercial radio broadcasting licence for the licence area of the first licence; and
 (b) allocate the licence as a licence to provide digital commercial radio broadcasting services in that licence area.

ACMA may specify circumstances in which a licensee is taken to be providing a digital commercial radio broadcasting service

 (4) The ACMA may, by legislative instrument, specify circumstances in which a commercial radio broadcasting licensee is taken, for the purposes of paragraph (1)(c), to be providing a digital commercial radio broadcasting service under the licence in the licence area.

 (5) A copy of an instrument under subsection (4) must be made available on the ACMA's Internet site.