Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_102e
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 102E
Character Range: 98688–100401

102E  Category 3 digital radio multiplex transmitter licences

Holder of a category 3 digital radio multiplex licence

 (1) The ACMA must not issue a category 3 digital radio multiplex transmitter licence to a person unless the person is a qualified company, and:
 (a) both:
 (i) each national broadcaster beneficially owns shares in the company; and
 (ii) there are no other beneficial owners of shares in the company; or
 (b) both:
 (i) a single national broadcaster beneficially owns all the shares in the company; and
 (ii) the other national broadcaster has consented to that beneficial ownership.

Obligation to issue a category 3 digital radio multiplex licence

 (2) If:
 (a) a digital radio channel plan is in force for a designated BSA radio area; and
 (b) a qualified company applies under section 99 for a category 3 digital radio multiplex transmitter licence for the designated BSA radio area; and
 (c) the requirements of paragraph (1)(a) or (b) of this section are satisfied in relation to the qualified company;
the ACMA must, under section 100, issue the category 3 digital radio multiplex transmitter licence to the company unless there is already a category 3 digital radio multiplex transmitter licence for the designated BSA radio area.

National broadcaster may hold shares in the holder of a category 3 digital radio multiplex licence etc.

 (3) A national broadcaster may hold shares in a company that:
 (a) is the holder of a category 3 digital radio multiplex transmitter licence; or
 (b) is an applicant for the issue of a category 3 digital radio multiplex transmitter licence; or
 (c) proposes to apply for the issue of a category 3 digital radio multiplex transmitter licence.