Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118nu:p1
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118NU (pt 1/3)
Character Range: 156903–159864

118NU  Distributed‑capacity access entitlements etc.

Scope

 (1) This section applies to a non‑foundation digital radio multiplex transmitter licence for a designated BSA radio area if an access undertaking is in force for the licence.

Initial level of demand for access to multiplex capacity must be ascertained

 (2) The following provisions have effect:
 (a) the digital radio multiplex transmitter licensee must, before commencing to transmit a content service, ascertain the level of demand for access to multiplex capacity from content service providers who are entitled to provide one or more content services in the designated BSA radio area; and
 (b) if the licensee proposes to ascertain the level of demand as mentioned in paragraph (a)—the digital radio multiplex transmitter licensee must, by notice published on the licensee's Internet site:
 (i) give at least 30 days notice of the licensee's intention to ascertain the level of demand as mentioned in paragraph (a); and
 (ii) invite content service providers to express an interest in having access to that multiplex capacity.

Subsequent level of demand for access to multiplex capacity may be ascertained

 (3) The following provisions have effect:
 (a) the digital radio multiplex transmitter licensee may, at any time after commencing to transmit a content service, ascertain the level of demand for access to multiplex capacity from content service providers who are entitled to provide one or more content services in the designated BSA radio area; and
 (b) if the licensee proposes to ascertain the level of demand as mentioned in paragraph (a)—the digital radio multiplex transmitter licensee must, by notice published on the licensee's Internet site:
 (i) give at least 30 days notice of the licensee's intention to ascertain the level of demand as mentioned in paragraph (a); and
 (ii) invite content service providers to express an interest in having access to that multiplex capacity.

Demand falls short of multiplex capacity

 (4) If the demand from interested content service providers for access to multiplex capacity, as ascertained under whichever of subsection (2) or (3) is applicable, falls short of the multiplex capacity—each interested content service provider:
 (a) is entitled to access to the fraction of multiplex capacity sought by the interested content service provider (which entitlement is called a distributed‑capacity access entitlement); and
 (b) may only use that distributed‑capacity access entitlement for the purpose of providing one or more content services in the designated BSA radio area; and
 (c) may transfer that distributed‑capacity access entitlement to another content service provider who is entitled to provide one or more content services in the designated BSA radio area.

 (5) The distributed‑capacity access entitlement referred to in paragraph (4)(a) commences:
 (a) at the end of the 30‑day period beginning on the day on which the