Commonwealth Numbered Acts

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - SECT 39

39.(1) If:

   (a)  there is only one commercial radio broadcasting licensee providing
        services in a licence area; and

   (b)  at least 2 other commercial radio broadcasting licences that are
        broadcasting services bands licences are available for allocation in
        the licence area; and

   (c)  the licensee requests the ABA, in writing, to allocate another
        commercial radio broadcasting licence that is a
        broadcasting services bands licence to the licensee; the ABA must,
        subject to section 37, allocate an additional licence to the
        applicant.

(2) The applicant must pay to the ABA, on the allocation of such a licence, a
fee determined by the ABA (which must not exceed the amount that, in the
opinion of the ABA represents the costs, including the planning costs,
incurred by the ABA in allocating the additional licence).

(3) It is a condition of a licence allocated under this section that the
licensee will continue to provide services under that licence and the licence
to which it relates for the period of 2 years after the allocation of the
licence.

(4) If more than 30% of the licence area population of a licence area is
attributable to an overlap area, this section applies to the 2 licence areas
as if they were one.