Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_8ac
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 8AC
Character Range: 11582–14342

8AC  Digital radio start‑up day

 (1) If the ACMA is satisfied that:
 (a) the ACMA has taken sufficient action under:
 (i) Part 3 of this Act; and
 (ii) Part 2.3 of the Radiocommunications Act 1992;
  to facilitate the provision of the following services in a licence area:
 (iii) digital commercial radio broadcasting services;
 (iv) digital community radio broadcasting services;
 (v) digital national radio broadcasting services; and
 (b) one or more foundation digital radio multiplex transmitter licences have been issued for the licence area; and
 (c) the multiplex capacity, or the combined multiplex capacities, of those licences are sufficient to fulfil the standard access entitlements that are likely to come into existence under subsection 118NQ(2) of the Radiocommunications Act 1992 in its application to the licence area; and
 (d) an access undertaking under Division 4B of Part 3.3 of the Radiocommunications Act 1992 is in force for the licence or licences referred to in paragraph (b);
the ACMA may, by writing, declare a specified day to be the digital radio start‑up day for the licence area.

 (2) A day specified in a declaration under subsection (1) must not be earlier than the day on which the declaration is made.

 (3) The ACMA must ensure that:
 (a) the digital radio start‑up day for a metropolitan licence area is not later than 1 January 2009; and
 (b) the digital radio start‑up day for a regional licence area is the day specified for the regional licence area in a legislative instrument made by the Minister.

 (4) A copy of a declaration under subsection (1) must be made available on the ACMA's Internet site.

 (5) A declaration under subsection (1) is not a legislative instrument.

ACMA to give notice of intention to make a declaration

 (6) Before making a declaration under subsection (1), the ACMA must, by notice published on the ACMA's Internet site, give at least 30 days' written notice of its intention to make the declaration.

 (7) A notice under subsection (6) is not a legislative instrument.

Definitions

 (8) In this section:

licence area means:
 (a) the licence area of a commercial radio broadcasting licence; or
 (b) the licence area of a community radio broadcasting licence, where that licence area is the same as the licence area of a commercial radio broadcasting licence.

metropolitan licence area means a licence area in which is situated the General Post Office of the capital city of:
 (a) New South Wales; or
 (b) Victoria; or
 (c) Queensland; or
 (d) Western Australia; or
 (e) South Australia; or
 (f) Tasmania.

regional licence area means a licence area that is not a metropolitan licence area.

Note: See also section 8AD, which deals with deemed radio broadcasting licence areas.