Document ID: chunk:federal_register_of_legislation:F2017C01145:body:0:p10
Version: federal_register_of_legislation:F2017C01145
Segment Type: other
Provision Reference: 
Character Range: 23867–26712

ACMA for the purposes of paragraph (1) (c).
 (2A) For sub-subparagraph (1) (d) (ii) (B), the ACMA may specify a location (the new location) if the ACMA is satisfied that:
 (a) transmissions from the new location would provide a service to substantially the same intended audience as the audience that was intended to be covered from the old location; and
 (b) transmissions from the new location would not significantly interfere with any existing radiocommunications services.
 (3) In this section:
commercial licence means a commercial radio broadcasting licence allocated under section 40 of the Broadcasting Services Act 1992.
location, of a station, means the geographic coordinates for the transmitter authorised by the relevant broadcasting licence (narrowband area service) as recorded on the Register of Radiocommunications Licences.
5.4 Narrowband area services operating in the frequency band 1606.5 kHz to 1705 kHz — commercial broadcasting service under subsequent licence
 (1) This section applies to a licensee if all of the following circumstances exist:
 (a) the licensee holds a broadcasting licence (narrowband area service) issued by the ACMA:
 (i) under section 100 of the Act; or
 (ii) under section 130 of the Act by way of renewal of a licence referred to in subparagraph (i);
  (the new licence);
 (b) the licensee operated a narrowband area service station on a frequency in the frequency band 1606.5 kHz to 1705 kHz to provide a commercial broadcasting service in accordance with either:
 (i) section 5.3; or
 (ii) section 5.3 of the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998 (the former section);
 (c) the broadcasting licence (narrowband area service) to which section 5.3 or the former section applied (the former licence) has expired;
 (d) the person did not apply for the renewal of the former licence.
 (2) The person may operate the narrowband area service station to provide a commercial broadcasting service under the new licence on the following conditions:
 (a) the operation of the narrowband area service station under the new licence is authorised only on:
 (i) the same frequency, in the frequency band 1606.5 kHz to 1705 kHz, which had been authorised by the former licence; or
 (ii) if the ACMA subsequently varies the new licence to specify another frequency in the frequency band 1606.5 kHz to 1705 kHz — that other frequency;
 (b) the commercial broadcasting service must be permitted by a commercial licence allocated before 6 November 2002;
 (c) the licensee must provide any evidence required by the ACMA relating to whether the circumstances mentioned in subsection (1) apply;
 (d) the location of the station specified in the new licence must be:
 (i) within 10 kilometres of its location on 6 November 2002; or
 (ii) if the ACMA is satisfied as