Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_45
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 45
Character Range: 158080–159016

45  Making a nominated datacaster declaration

 (1) After considering the application, the ABA must declare in writing that the provision of the datacasting service under the datacasting licence is nominated in relation to the datacasting transmitter licence if the ABA is satisfied that:
 (a) the licensee of the datacasting transmitter licence will transmit the datacasting service on behalf of the licensee of the datacasting licence; and
 (b) the licensee of the datacasting transmitter licence will not be involved in the selection or provision of datacasting content to be transmitted on the datacasting service.

 (2) The ABA must give a copy of the declaration to:
 (a) the applicant; and
 (b) the licensee of the datacasting licence.

 (3) If the ABA refuses to make a nominated datacaster declaration, the ABA must give written notice of the refusal to:
 (a) the applicant; and
 (b) the licensee of the datacasting licence.