Document ID: chunk:federal_register_of_legislation:F2006B00135:body:0:p3
Version: federal_register_of_legislation:F2006B00135
Segment Type: other
Provision Reference: 
Character Range: 5503–8266

licensee has a reasonable excuse for not doing so; and

       (b) continue to provide a service throughout the term of the licence with reasonable regularity; and

       (c) maintain records of the commencement, hours of operation and provision of a service under the licence.

8. Direction – extension of 6 month start-up period

(1) The ACA may allow for an extension of the 6 month period referred to in clause 5(a), 6(a) or 7(a) if in the ACA's opinion there is a valid reason for a delay by a licensee complying with those clauses.

(2) The following, inter alia, shall not constitute valid reasons for a delay:

       (a) the licence has been obtained within the 6 month period pursuant to a transfer to a relative or associate; or

    (b) financial reasons; or

       (c) the licence is subject to an arrangement contingent on the disposal of another licence held by the licensee.

(3) To remove any doubt, subsection (2) is not exhaustive and there may be other reasons that do not constitute valid reasons for a delay in commencing to provide a service.

9.  Direction – renewal of LPON licences after 6 months

The ACA must make any apparatus licence for a low power open narrowcasting service issued upon renewal 6 months after the commencement of this Direction subject to conditions that have the effect of requiring a licensee of a low power open narrowcasting service to:

       (a)          provide the service using a transmitter authorised under the licence throughout the term of the licence with reasonable regularity; and

       (b)          maintain records of the commencement, hours of operation and provision of a service under the licence.

10. Direction – cancellation of LPON licences

(1) The ACA may consider cancelling an apparatus licence for a low power open narrowcasting service for contravention of any conditions included in the licence because of section 5, 6, 7 or 9 where it has received a written statement from any person ("the complainant") specifying the following details:

       (a)          the name and contact details of the complainant and their interest in the matter; and

    (b)          the purported breach of condition and the supporting evidence.

(2) The statement must be made on the form approved by the ACA for this purpose (the complaint form) and must be accompanied by a statutory declaration as to the truth of the contents of the statement.

(3) The ACA must give the licensee written notice that it has received a complaint and must provide details of what is contained in the complaint which gives the licensee a clear understanding of the substance of the complaint.  The licensee must be given 30 days from the date on which the licensee is advised of the complaint