Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p3
Version: federal_register_of_legislation:C2004A04989
Segment Type: other
Provision Reference: 
Character Range: 4991–7771

the Principal Act for the additional licence; and

   (c) subsections 38A(9) and (10) of the Principal Act do not apply to the additional licence or parent licence.

Repeal of section 39 and substitution of new section

4. Section 39 of the Principal Act is repealed and the following section is substituted:

Additional commercial radio licences in single markets

Conditions for allocation of additional licence

"39.(1) If:

   (a) a particular licence area is the licence area of only one commercial radio broadcasting licence (the 'parent licence') that is in force; and

   (b) a service is being provided under the parent licence; and

   (c) the licence area for the parent licence does not have an excessive overlap area, as determined under subsection (5); and

   (d) the licensee requests the ABA, in writing, to allocate to the licensee, for the same licence area, another commercial radio broadcasting licence that is a broadcasting services bands licence; and

   (e) in the opinion of the ABA, suitable broadcasting services bands spectrum is available for providing another commercial radio broadcasting service in the same licence area;

the ABA must allocate an additional licence to the applicant for the same licence area as soon as practicable.

Time limit for applications

"(2) An application under subsection (1) must be made within 60 days after:

   (a) the commencement of this section; or

   (b) the time when paragraphs (1)(a), (b) and (c) are first satisfied in relation to the parent licence;

whichever is later.

"(3) If the conditions in paragraphs (1)(a), (b), (c) and (e) are not all satisfied at the time when the application is made, but at a later time they are all satisfied, then the ABA is under an obligation at that later time to allocate the additional licence (unless the application has been withdrawn).

Matters that ABA must take into account

"(4) The matters that the ABA must take into account in forming an opinion for the purposes of paragraph (1)(e) include the following:

   (a) any relevant plan under section 25;

   (b) any relevant plan under section 26;

   (c) any relevant capacity that has been reserved under section 31.

Excessive overlap area

"(5) The licence area for the parent licence has an excessive overlap area if:

   (a) more than 30% of the licence area population of the licence area of the parent licence is attributable to an area that overlaps with the licence area of another commercial radio broadcasting licence; and

   (b) at least one of the following situations exists:

       (i) more than 30% of the licence area population of the licence area of that other licence is also attributable to the area that overlaps with the licence area of the parent licence;

       (ii) more than one