Document ID: chunk:federal_register_of_legislation:C2004A00586:clause:3_7
Version: federal_register_of_legislation:C2004A00586
Segment Type: clause
Provision Reference: sch 3 cl 7
Character Range: 46418–47867

7  At the end of clause 8 of Schedule 2
Add:

 (3) Each commercial radio broadcasting licence is also subject to the condition that the licensee will not provide commercial radio broadcasting services under the licence outside the licence area of the licence unless:
 (a) the provision of those services outside that licence area occurs accidentally; or
 (b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial radio broadcasting services within the licence area; or
 (c) both:
 (i) the licensee satisfies the ABA that the provision of those services outside that licence area occurs in exceptional circumstances; and
 (ii) the ABA has given permission in writing; or
 (d) all of the following subparagraphs apply:
 (i) the first‑mentioned licensee satisfies the ABA that there is a person (the eligible person) who is in a commercial radio broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial radio broadcasting service provided by a commercial radio broadcasting licensee for the second licence area;
 (ii) the provision of the first‑mentioned services outside the first‑mentioned licence area occurs only to the extent necessary to provide adequate reception of the first‑mentioned services to the eligible person;
 (iii) the ABA has given permission in writing.