Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_175
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 175
Character Range: 206543–207858

175  At the end of section 131AA
Add:

 (5) A category 1 digital radio multiplex transmitter licence must not be transferred to a person unless:
 (a) the person is a qualified company; and
 (b) an access undertaking is in force under Division 4B in relation to the licence.

 (6) A category 2 digital radio multiplex transmitter licence must not be transferred to a person unless:
 (a) the person is a qualified company; and
 (b) an access undertaking is in force under Division 4B in relation to the licence.

 (7) A category 3 digital radio multiplex transmitter licence must not be transferred 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.

 (8) If a foundation digital radio multiplex transmitter licence was issued otherwise than in accordance with a price‑based allocation system determined under section 106, the licence must not be transferred to a person unless the digital radio moratorium period for the designated BSA radio area concerned has ended.