Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 102

             (1)  Subject to subsections (2AA) and (2AB), if a broadcasting services bands licence (the related licence ) is allocated to a person under Part 4 or 6 of the Broadcasting Services Act 1992 , the ACMA must issue to the person a transmitter licence that authorises operation of one or more specified radiocommunications transmitters for transmitting the broadcasting service or services concerned in accordance with the related licence.

             (2)  If the related licence is transferred, that transmitter licence is taken to be issued to the person to whom the related licence is transferred.

       (2AA)  Subsection (1) does not apply if:

                     (a)  the related licence is a commercial radio broadcasting licence allocated on or after the digital radio start-up day for the BSA licence area; and

                     (b)  the related licence is subject to a condition that the related licensee may only provide digital commercial radio broadcasting services under the related licence.

       (2AB)  Subsection (1) does not apply if:

                     (a)  the related licence is a designated community radio broadcasting licence allocated on or after the digital radio start-up day for the BSA licence area; and

                     (b)  the related licence is subject to a condition that the related licensee may only provide digital community radio broadcasting services under the related licence.

       (2AC)  If:

                     (a)  the related licence is a commercial radio broadcasting licence allocated before the digital radio start-up day for the BSA licence area; and

                     (b)  under the Broadcasting Services Act 1992 , the related licence authorises the related licensee to provide digital commercial radio broadcasting services;

then, after the digital radio start-up day for the BSA licence area, the transmitter licence does not authorise the operation of a radiocommunications transmitter for transmitting those services.

       (2AD)  If:

                     (a)  the related licence is a designated community radio broadcasting licence allocated before the digital radio start-up day for the BSA licence area; and

                     (b)  under the Broadcasting Services Act 1992 , the related licence authorises the related licensee to provide digital community radio broadcasting services;

then, after the digital radio start-up day for the BSA licence area, the transmitter licence does not authorise the operation of a radiocommunications transmitter for transmitting those services.

          (2A)  If:

                     (a)  a transmitter licence (the first transmitter licence ) was issued under this section; and

                     (b)  the first transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a particular commercial television broadcasting service (the first service ) in accordance with a commercial television broadcasting licence held by a person (the first BSA licence ); and

                     (c)  another commercial television broadcasting licence (the additional BSA licence ) is allocated to the person under section 38A or 38B of the Broadcasting Services Act 1992 ; and

                     (d)  the first BSA licence and the additional BSA licence relate to the same licence area (within the meaning of whichever of those sections is applicable); and

                     (e)  the additional BSA licence authorises the provision of one or more other commercial television broadcasting services (the additional services ); and

                      (f)  the first service and at least one of the additional services are the subject of an election under subclause 6(5A) of Schedule 4 to the Broadcasting Services Act 1992 ;

then:

                     (g)  despite subsection (1), the ACMA is not required to issue to the person a new transmitter licence in relation to any of the additional services; and

                     (h)  the first transmitter licence is taken to authorise the operation of the transmitter or transmitters concerned for transmitting the additional services in accordance with the additional BSA licence.

          (2B)  Despite subsection (1), the ACMA is not required to issue a new transmitter licence for a commercial television broadcasting service if:

                     (a)  the service is provided under a licence that was allocated under subsection 38B(6), (7), (8) or (9) of the Broadcasting Services Act 1992 ; and

                     (b)  a multi-channelling election is in force for the relevant remote area service.

          (2C)  The operation of a transmitter or transmitters for transmitting the commercial television broadcasting service or services under that commercial television broadcasting licence is, if a multi-channelling election is in force for the relevant remote area service, taken to be authorised by the transmitter licence held by the company that made the election for the relevant licence area.

          (2D)  If the ACMA approves the revocation of the multi-channelling election, the ACMA must issue a new transmitter licence to the licensee that revoked the election authorising the operation of a transmitter or transmitters for transmitting, in digital mode, the commercial television broadcasting service or services provided under the licence (the related licence ) for which that election was made.

          (2E)  The new licence comes into force on the day from which the revocation takes effect.

        (2EA)  If the related licence is transferred, the new transmitter licence is taken to be issued to the person to whom the related licence is transferred.

           (2F)  A transmitter licence issued under subsection (1) to a joint-venture company that is allocated a commercial television broadcasting licence under subsection 38B(5) of the Broadcasting Services Act 1992 is, if a multi-channelling election is in force for the relevant remote area service, taken to authorise the operation of the transmitter or transmitters concerned for transmitting:

                     (a)  the commercial television broadcasting service or services provided under that commercial television broadcasting licence; and

                     (b)  the commercial television broadcasting services provided by either or both of the 2 existing licensees referred to in subsection 38B(1) of that Act for the relevant licence area.

          (2G)  If:

                     (a)  under subclause 6(5BA) of Schedule 4 to the Broadcasting Services Act 1992 , the licensee of a commercial television broadcasting licence (the related licence ) gives the ACMA a notice of revocation of an election; and

                     (b)  the ACMA approves the revocation under clause 7B of Schedule 4 to that Act;

the ACMA must issue to the licensee of the related licence a new transmitter licence that authorises the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.

          (2H)  The new transmitter licence comes into force on the day on which the revocation takes effect.

           (2J)  If the related licence is transferred, the new transmitter licence is taken to be issued to the person to whom the related licence is transferred.

             (3)  If:

                     (a)  a transmitter licence is or was issued under this section; and

                     (b)  the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting the broadcasting service or services concerned in digital mode using one or more channels;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting datacasting services in digital mode using those channels.

             (5)  The authorisation of the operation of the transmitter or transmitters concerned for transmitting a datacasting service in digital mode using those channels has no effect unless:

                     (a)  the licensee holds a BSA datacasting licence authorising the provision of that service; or

                     (b)  the service is a designated teletext service.

             (6)  In this section and section 102A:

"exempt remote area service" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

"multi-channelling election" means an election under subclause 6(7B) of Schedule 4 to the Broadcasting Services Act 1992 .