Document ID: chunk:federal_register_of_legislation:C2024C00823:section:102d:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 102D (pt 1/3)
Character Range: 194189–197192

102D  Category 2 digital radio multiplex transmitter licences
 (1) The ACMA must not issue a category 2 digital radio multiplex transmitter licence to a person unless the person is a qualified company.
 (2) The ACMA must not issue a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area otherwise than in accordance with a price‑based allocation system determined under section 106 unless:
 (a) the licensee is an eligible joint venture company; and
 (b) the application for the licence is accompanied by the fee determined by the ACMA by legislative instrument.
 (3) The ACMA must not issue a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area in accordance with a price‑based allocation system determined under section 106 unless:
 (a) the ACMA has, by notice published on its website at least 120 days before the issue of the licence, invited applications from eligible joint venture companies for the issue of the licence otherwise than in accordance with a price‑based allocation system determined under section 106; and
 (b) either:
 (i) no applications were received from eligible joint venture companies after the publication of the notice; or
 (ii) one or more applications were received from eligible joint venture companies after the publication of the notice, but the ACMA refused, under section 100, to issue the licence to any of the applicants.
 (4) The ACMA must not issue a category 2 digital radio multiplex transmitter licence (other than a foundation category 2 digital radio multiplex transmitter licence) for a particular designated BSA radio area otherwise than in accordance with a price‑based allocation system determined under section 106.

Eligible joint venture company
 (5) For the purposes of the application of this section to a particular designated BSA radio area, a company is an eligible joint venture company if:
 (a) before the company was formed, the promoters of the company initially invited:
 (i) each incumbent digital commercial radio broadcasting licensee for the designated BSA radio area; and
 (ii) if there is a digital community radio broadcasting representative company for the designated BSA radio area—the digital community radio broadcasting representative company; and
 (iii) each national broadcaster;
  to subscribe for shares in the first‑mentioned company on the basis that:
 (iv) the incumbent digital commercial radio broadcasting licensees who accepted the invitation would be issued with an equal number of shares; and
 (v) the only persons entitled to subscribe for shares in the first‑mentioned company are the incumbent digital commercial radio broadcasting licensees, the digital community radio broadcasting representative company and the national broadcasters; and
 (vi) assuming that the invitation were to be accepted by each invitee—the incumbent digital commercial radio broadcasting licensees would, in aggregate, hold