{"id":"F2018L00642","name":"Digital Radio Multiplex Transmitter Licences Procedural Rules 2018","slug":"digital-radio-multiplex-transmitter-licences-procedural-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439631,"registerId":"F2018L00642-fast-fetch-1775955582941","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Digital Radio Multiplex Transmitter Licences Procedural Rules 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: Make these Rules under section\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\nDigital Radio Multiplex Transmitter Licences Procedural Rules 2018\n\nRadiocommunications Act 1992\n\nThe AUSTRALIAN COMPETITION AND CONSUMER COMMISSION makes these Rules under section 118PO of the Radiocommunications Act 1992.\n\n \n\nDated 14 May 2018\n\n      \n\n \n\n \n\nRod Sims\n\n      Chairman\n\n   \n\n \n\n \n\n \n\n \n\n \n\n      \n\n \n\n \n\nAustralian Competition and Consumer Commission\n\nPart 1 Preliminary\n\n \n\n1                    Name of Rules\n\n \n\n These Rules are to be known as the Digital Radio Multiplex Transmitter Licences Procedural Rules 2018.\n\n \n\n2                    Commencement\n\n \n\n These Rules commence on the day after they are registered on the Federal Register of Legislative Instruments.\n\n \n\n3                    Repeal\n\n \n\n The Digital Radio Multiplex Transmitter Licences Procedural Rules 2008 are repealed.\n\n \n\n4                    Object of Rules\n\n \n\n The object of these Rules is to promote the expeditious and efficient exercise of the ACCC’s functions and powers under Division 4B of Part 3.3 of the Act.\n\n \n\n5                    Definitions\n\n \n\nThe dictionary in Schedule 1 of these Rules defines terms used in these Rules.\n\n \n\n6                    Relief from Rules\n\n \n\n The ACCC may dispense with compliance with any of the requirements of these Rules before or after the occasion for compliance arises.\n\n \n\nPart 2 Documents\n\n \n\n7                    Documents given to the ACCC to be electronic\n\n \n\n(1)               Supporting documents and annual reports given to the ACCC by a licensee in connection with an access undertaking or variation of an access undertaking must be electronic unless otherwise approved by the ACCC .\n\n \n\n(2) Submissions given to the ACCC by a member of the public in connection with an access undertaking or variation of an access undertaking must be electronic unless otherwise approved by the ACCC.\n\n \n\n(3)               Electronic documents may be provided to the ACCC in accordance with any requirements specified on the ACCC website.\n\n \n\n(4)               Where a licensee or member of the public gives an electronic document to the ACCC in relation to which confidentiality is requested either in whole or in part, the electronic document must be endorsed with the words “Confidential Restriction on Publication Claimed”.\n\n \n\n8                    Supporting documents and submissions\n\n \n\n(1)               A licensee must provide supporting documents to the ACCC at the time of giving an access undertaking or variation of an access undertaking.\n\n(2)               The ACCC may determine the periods that are reasonably necessary for the lodging of submissions by a member of the public in regard to:\n\n(a)         an access undertaking; or\n\n(b)         a variation of an access undertaking\n\nand may require that submissions be lodged within those periods.\n\n(3)               The ACCC must consider any submission received in a period determined under subrule (2) and it may (but is not obliged to) consider any submission received outside the period.\n\nPart 3 Information & alterations\n\n \n\n9                    Information to be provided\n\n \n\n(1)               The following information must be provided to the ACCC by a licensee in connection with an access undertaking given under section 118ND of the Act or a variation of an access undertaking given under paragraph 118NH(2)(a) of the Act:\n\n \n\n(a)         the name of the licensee;\n\n(b)         the names of each member of the licensee that constitutes the eligible joint venture company;\n\n(c)         the name of a person who is the contact for the licensee (the nominated person);\n\n(d)         the nominated person’s contact details;\n\n(e)         details of the services to which access is to be provided under the access undertaking (if applicable);\n\n(f)          details of the services to which the variation relates (if applicable);\n\n(g)         the reasons for which the licensee requires a variation to the access undertaking (if applicable).\n\n \n\n(2)               In this rule:\n\n \n\n contact details, in relation to the nominated person, means:\n\n \n\n(a)         position or office held;\n\n(b)         contact telephone number;\n\n(c)         email address;\n\n(d)         an address in Australia for delivery of documents; and\n\n(e)         such other contact information as the ACCC may require from time to time.\n\n \n\n10                Requests for further information\n\n \n\n(1)               This rule applies if the ACCC requests a licensee to give the ACCC further information about:\n\n \n\n(a)         an access undertaking under subsection 118NE(2) of the Act; or\n\n(b)         a variation of an access undertaking under subsection 118NI(2) of the Act.\n\n \n\n(2)               The ACCC may specify in a request for further information the time limit for complying with that request.\n\n(3)               If the ACCC does not specify in a request for further information the time limit for complying with the request, the time limit for complying with the request is:\n\n(a)         14 days from the date of the request; or\n\n(b)         if the request is not dated, 14 days from the date on which the ACCC gave the request to the licensee.\n\n(4)               If the time limit for complying with a request for further information passes, without the information request being fully complied with, the ACCC may reject the access undertaking or variation of an access undertaking relating to that request by giving written notice to the licensee.\n\n(5)               The ACCC may reject an access undertaking or variation of an access undertaking even if the requested information is given to the ACCC after the time limit for complying with a request for further information has passed.\n\n(6)               The ACCC may extend the time limit for complying with a request for further information either before or after the time limit for complying with the request has passed.\n\n(7)               The ACCC may not extend the time limit for complying with a request for further information if the access undertaking or variation of an access undertaking has been rejected under subrules (4) or (5).\n\n \n\n11                Altered access undertakings and altered variations of access undertakings\n\n(1) This rule applies if the ACCC gives a licensee a written notice in regard to:\n\n(a)         an altered access undertaking under subsection 118NF(4) of the Act; or\n\n(b)         an altered variation of an access undertaking under subsection 118NH(5) of the Act.\n\n(2) The ACCC may specify in the written notice the time limit for complying with that notice.\n\n(3) If the ACCC does not specify in the written notice the time limit for complying with the notice, the time limit for complying with the notice is:\n\n(a)         14 days from the date of the notice; or\n\n(b)         if the notice is not dated, 14 days from the date on which the ACCC gave the notice to the licensee.\n\n(4) The ACCC may extend the time limit for complying with the notice either before or after the time limit for complying with the notice has passed.\n\nPart 4 Confidential information\n\n \n\n12                Documents that must not contain any confidential information\n\n \n\nThe following documents must not contain any confidential information:\n\n \n\n(a)                an access undertaking;\n\n(b)               a variation of an access undertaking.\n\n \n\n13                Confidential information contained in supporting documents, annual reports, or submissions\n\n(1)               The ACCC may make any supporting documents, annual report or submissions given in connection with an access undertaking or variation of an access undertaking, publicly available on the ACCC’s Internet site.\n\n(2)               At the time of giving supporting documents or an annual report a licensee may request that the ACCC not make the whole or a part of a document or report publicly available on the ACCC’s Internet site because of confidential information in the document or report.\n\n(3)               At the time of giving submissions a member of the public may request that the ACCC not make the whole or a part of a submission publicly available on the ACCC’s Internet site because of confidential information in the submission.\n\n(4)               At the time of making a request under either subrule (2) or (3) a licensee or member of the public must provide the ACCC with:\n\n(a)         reasons why the information is claimed to be confidential; and\n\n(b)         an unmarked copy of the document, report or submission including the parts in which confidentiality is claimed; and\n\n(c)         a copy of the document, report or submission, marked up so as to show clearly the parts in respect of which confidentiality is claimed; and\n\n(d)         a copy of the document, report or submission, with the parts in respect of which confidentiality is claimed masked so that these parts are not disclosed and may be published on the ACCC’s Internet site.\n\n(5)               After considering:\n\n \n\n(a)         a request made under either subrule (2) or (3); and\n\n(b)         the reasons the licensee or member of the public has given under subrule (4) in relation to the request;\n\n \n\n  the ACCC may decide not to make publicly available so much of the document, report or submission that contains confidential information that the ACCC thinks should not be so given.\n\nPart 5 Use of information\n\n \n\n14                Purported limitations\n\n \n\n(1)               A licensee or member of the public who gives supporting documents, an annual report or submissions to the ACCC in connection with an access undertaking or variation of an access undertaking may not impose, or purport to impose, any limitation on the ACCC’s use of the supporting documents, annual report or submissions other than a permitted limitation.\n\n \n\n(2)               Any condition imposed, or purportedly imposed, in contravention of subrule (1) is of no effect.\n\n \n\n(3)               In this rule:\n\n \n\npermitted limitation means:\n\n \n\n(a)         an accepted request for confidentiality under Part 4 of these Rules; or\n\n(b)         a limitation agreed to in writing by the ACCC before the supporting documents, annual report or submissions are given.\n\n \n\n15                Provision of information by the ACMA to the ACCC\n\n \n\n(1)               The ACMA must give to the ACCC within 14 days:\n\n \n\n(a)         a copy of any written instrument issued to a licensee (including the applicable licence conditions) under section 100 of the Act permitting the operation of a digital radio multiplex transmitter;\n\n(b)         notice of any written determination made under subsection 109B(2) of the Act regarding implementation plans;\n\n(c)         notice of any written instrument made under subsection 109B(6) of the Act regarding the continuity of transmission;\n\n(d)         a copy of any notice changing the licence conditions of a digital radio multiplex transmitter licence under section 111 of the Act;\n\n(e)         notice of any written determination made under section 115 of the Act limiting authorisation of third party users;\n\n(f)          a copy of any notice issued under subsection 118NQ(7) of the Act transferring standard access entitlements to the ACMA;\n\n(g)         a copy of any notice given to a licensee under section 126 of the Act suspending the operation of a digital radio multiplex transmitter licence;\n\n(h)         a copy of any notice given to a licensee under section 128 of the Act cancelling the operation of a digital radio multiplex transmitter licence;\n\n(i)           a copy of any application made by a licensee under section 131AA of the Act for transfer of a digital radio multiplex\n\ntransmitter licence;\n\n(j)           notice of any written instrument made under section 131AC of the Act that determines a digital radio multiplex transmitter licence is not transferable in certain circumstances.\n\n \n\n(2)               The ACMA must also give to the ACCC details of any suspected contravention of a licence condition of a digital radio multiplex transmitter licence as soon as is reasonably practicable.\n\n \n\n16                Provision of information by the ACCC to the ACMA\n\n \n\n(1)               The ACCC must give to the ACMA within 14 days, a copy of:\n\n \n\n(a)         any access undertaking or variation of an access undertaking accepted by the ACCC under subsection 118NF(2) or subsection 118NH(3) of the Act;\n\n(b)         any notice given to a licensee rejecting an access undertaking or variation of an access undertaking under subsection 118NF(8) or subsection 118NH(9) of the Act;\n\n(c)         any notice received under subsection 118NQ(4) of the Act;\n\n(d)         any notice issued under subsection 118NQ(6) of the Act;\n\n(e)         any notice issued under subsection 118PA(2) of the Act and subsequent audit report;\n\n(f)          an annual report under subsection 118PN of the Act.\n\n \n\n(2)               The ACCC must give to the ACMA details of any access undertaking it has refused to consider under rule 17, as soon as is reasonably practicable.\n\n \n\n17                Refusal to consider an access undertaking\n\n \n\nThe ACCC may refuse to consider an access undertaking if:\n\n \n\n(a)                                  the ACCC is satisfied that the access undertaking:\n\n \n\n(i)           is frivolous; or\n\n(ii)        is vexatious; or\n\n(iii)      was not given in good faith; or\n\n \n\n(b)               the ACCC has reason to believe that the access undertaking was given for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of Division 4B of Part 3.3 of the Act.\n\nPart 6 Annual Reports\n\n \n\n18                Matters to be included in annual reports\n\n \n\n(1)               In accordance with section 118PN of the Act, a licensee must, within 60 days after the end of a financial year give the ACCC an annual report.\n\n \n\n(2)               An annual report given to the ACCC under subrule (1) must include details of the following matters:\n\n \n\n(a)         compliance during that financial year with the access undertaking;\n\n(b)         compliance during that financial year with standard access obligations (if any) applicable to the licence;\n\n(c)         compliance during that financial year with excess-capacity access obligations (if any) applicable to the licence;\n\n(d)         compliance during that financial year with obligations that are applicable to the licence under section 118NP;\n\n(e)         any non-compliance (including reasons) with matters listed in paragraphs (a) to (d);\n\n(f)          steps taken to rectify non-compliance with matters listed in paragraphs (a) to (d);\n\n(g)         expected completion dates for matters requiring rectification;\n\n(h)         changes to the membership of the eligible joint venture company that have occurred during that financial year;\n\n(i)           any authorisation of third party users.\n\n \n\n(3)               The ACCC may make an annual report given to the ACCC under subrule (1) publicly available on the ACCC’s Internet site.\n\nSchedule 1 Dictionary\n\n(rule 4)\n\n \n\nACCC means the Australian Competition and Consumer Commission.\n\n \n\naccess undertaking means an undertaking under section 118ND of the Act.\n\n \n\nACMA means the Australian Communications and Media Authority.\n\n \n\nAct means the Radiocommunications Act 1992.\n\n \n\nannual report means a document containing details of the matters listed in accordance with rule 18.\n\n \n\ncategory 1 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.\n\n \n\ncategory 2 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.\n\n \n\nconfidential information means information in a document that a licensee or member of the public claims is confidential.\n\n \n\ndigital radio multiplex transmitter licence means:\n\n \n\n(a) a category 1 digital radio multiplex transmitter licence; or\n\n(b) a category 2 digital radio multiplex transmitter licence.\n\n \n\nelectronic document means a document that is a computer file.\n\n \n\neligible joint venture company has the meaning given by subsections 102C(5) and 102D(5) of the Act.\n\n \n\nexcess-capacity access obligations has the meaning given by section 118NM of the Act.\n\n \n\nfinancial year means a period of 12 months commencing on 1 July.\n\n \n\nlicensee means a holder of a digital radio multiplex transmitter licence or any person authorised by the holder of the licence to operate multiplex transmitters under the licence.\n\n \n\nnon-electronic document means a document that is not an electronic document and includes:\n\n \n\n(a) paper documents; and\n\n(b) documents sent by fax transmission.\n\nstandard access obligations has the meaning given by section 118NL of the Act.\n\n \n\nsubmission means any document provided by a member of the public in connection with an access undertaking or variation of an access undertaking under section 118NF and section 118NH of the Act.\n\n \n\nsupporting document means any document provided by a licensee in connection with an access undertaking or variation of an access undertaking except for information obtained by the ACCC under section 118NE or section 118NI of the Act.\n\n \n\nvariation of an access undertaking means a variation of an access undertaking under section 118NH of the Act.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Rules are procedural and primarily update and formalise how the ACCC handles access undertakings under Division 4B of Part 3.3 of the Radiocommunications Act. They repeal earlier (2008) procedural rules and modernise process (electronic filing defaults, explicit confidentiality handling, set time limits, and information-sharing with ACMA). They do not create new substantive powers beyond those in the Act nor materially broaden the statutory scope of obligations; instead they prescribe how existing powers and duties are to be exercised and administered."},"complexity_factors":["Approximately 19 defined terms in Schedule 1","Frequent cross-references to multiple specific sections of the Radiocommunications Act (e.g. ss.118ND, 118NE, 118NF, 118NH, 118NI, 118NQ, 118PA, 118PN and others)","Default time limits with explicit extension and rejection rules (rules 10 and 11) creating conditional logic","Multiple document-handling pathways (electronic filings, confidentiality procedures requiring marked/unmarked/masked copies — rule 13)","Two-way information-exchange obligations between ACCC and ACMA with enumerated items (rules 15 and 16)","Discretionary powers for ACCC (rule 6 dispense, rule 10(6)/11(4) extend, rule 17 refuse) introducing case-by-case decisioning","Procedural exclusions (documents that must not contain confidential information — rule 12)","Exceptions and permitted limitations on confidentiality/usage (rule 14 defines permitted limitations)"],"plain_english_summary":"**What these Rules do (mechanically)**\n\n- These are procedural rules made by the Australian Competition and Consumer Commission (ACCC) about how it handles \"access undertakings\" and variations to those undertakings under Division 4B of Part 3.3 of the Radiocommunications Act 1992. (An access undertaking is a formal offer by a digital radio multiplex licence holder about terms on which others can access its multiplex.) See rule 4 for the stated object.\n\n- They set how documents are delivered to the ACCC (electronic by default) and how confidentiality claims are handled (rules 7 and 13). They require certain information to accompany an access undertaking or variation (rule 9). They allow the ACCC to request further information, set time limits for responses, and to reject undertakings where requests are not complied with (rule 10). They specify how the ACCC may give notices asking for altered undertakings and the time limits for compliance (rule 11).\n\n- The Rules require licensees to provide an annual report to the ACCC about compliance with access-related obligations and other matters (rule 18). The ACCC and the Australian Communications and Media Authority (ACMA) must exchange particular documents and notices within set timeframes (rules 15 and 16).\n\n- The ACCC can refuse to consider an access undertaking if it is frivolous, vexatious, not given in good faith, or appears intended to frustrate administration of the relevant Part of the Act (rule 17). The ACCC can also dispense with any procedural requirement in these Rules (rule 6).\n\n**Who is affected**\n\n- Primary: holders of category 1 and category 2 digital radio multiplex transmitter licences (\"licensees\") and any person authorised by them to operate multiplexes (Schedule 1 definitions).\n- Secondary: members of the public who make submissions about access undertakings; and the ACMA, which must exchange specified material with the ACCC.\n\n**Why it matters (practical effects)**\n\n- Filing and timeliness: licensees must file most materials electronically (rule 7), supply defined contact details (rule 9), meet time limits for information requests and notices (rules 10 and 11), and lodge annual reports within 60 days after the financial year (rule 18). Failure to comply with information requests can lead to rejection of an undertaking (rule 10(4)–(5)).\n\n- Confidentiality and publication: access undertakings and their variations themselves must not contain confidential material (rule 12). Supporting documents, annual reports and public submissions may be published unless the ACCC accepts a confidentiality claim; claimants must provide marked and unmarked copies and reasons (rule 13).\n\n- Information sharing: the Rules formalise a requirement for ACMA to supply the ACCC with many licence-related instruments and notices (rule 15) and for the ACCC to provide the ACMA with accepted undertakings, rejections, audit reports and annual reports (rule 16). That creates a routine two-way flow of regulatory information. \n\n**Official purpose-claim and a brief test of it**\n\n- The Rules state their object is to “promote the expeditious and efficient exercise of the ACCC’s functions and powers” under the Act (rule 4). Mechanically, many provisions support that: electronic filing (rule 7) speeds handling; fixed default timeframes (rules 10–11) limit delays; and mandatory information exchange with ACMA (rules 15–16) reduces duplication.\n\n- Costs, incentives and trade-offs:\n  - Who pays: licensees bear the compliance costs — preparing electronic supporting documents, assembling confidentiality redactions, responding to ACCC information requests within specified time limits, and producing annual reports (rules 7, 10, 13, 18).\n  - Who decides: the ACCC decides acceptances/rejections of undertakings, whether to extend time limits, and whether to accept confidentiality claims (rules 6, 10(6), 13(5)). The ACMA must supply specified materials to the ACCC (rule 15) and receives ACCC decisions (rule 16).\n  - Behaviour changes: licensees will shift to electronic filing, build internal processes to meet 14-day default response periods for ACCC requests, and prepare public and confidential versions of documents. Members of the public making submissions must file electronically unless otherwise approved (rule 7(2)) and should expect submissions may be published unless confidentiality is accepted (rule 13).\n  - Administrative discretion and risk: the ACCC has discretion to dispense with rules (rule 6), to extend deadlines (rules 10(6), 11(4)), and to refuse to consider undertakings it judges frivolous or obstructive (rule 17). Those discretions speed administration but increase regulatory uncertainty for parties unless exercised transparently.\n  - Compliance burden and opportunity costs: preparing unmarked, marked-up and masked versions of documents to support confidentiality claims (rule 13(4)) adds preparation time and legal review cost. Rejection of undertakings for late responses (rules 10(4)–(5)) imposes a real operational cost if internal processes are not aligned.\n  - Effects on private choice and competition: the Rules do not themselves set pricing or access terms — they govern process. However, faster processing and clearer timelines could change the timing and likelihood that third parties access multiplex capacity and thereby affect commercial negotiations and market entry speeds.\n\n**Notable cross-references and conditioning**\n\n- The Rules frequently cross-reference specific sections of the Radiocommunications Act (for example rules 1, 4, 9, 10, 11, 15, 16, 17, 18 and many items in rule 15(1)), so their operation depends on those statutory provisions.\n\n**Key practical actions for affected parties**\n\n- Licensees: ensure electronic document systems, nominate a contact person with required contact details (rule 9), prepare confidentiality claim materials when needed (rule 13), put in place processes to respond to ACCC requests within 14 days by default (rule 10), and prepare the annual report content listed at rule 18.\n- Members of the public: make submissions electronically and provide confidentiality claims as set out in rule 13 if required.\n- ACMA: put procedures in place to deliver the specified notices and instruments to the ACCC within 14 days (rule 15).\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: procedural administration of access undertakings for digital radio multiplex transmitter licences. The 2018 version repeals and replaces the 2008 rules without expanding into new substantive areas. The scope covers document handling, timeframes, confidentiality, inter-agency information sharing, and annual reporting—all directly supporting the ACCC's functions under Division 4B of Part 3.3 of the Radiocommunications Act 1992."},"complexity_factors":["18 defined terms in Schedule 1, many cross-referencing the Radiocommunications Act 1992","Multiple cross-references to specific sections of the parent Act (e.g., sections 118ND, 118NF, 118NH, 118PO) requiring familiarity with Division 4B of Part 3.3","Conditional time limits with default fallbacks (14-day defaults if not specified in rules 10 and 11)","Nested procedural requirements for confidentiality claims requiring four separate document versions (unmarked, marked-up, masked, and reasons)","Bilateral information exchange obligations between ACCC and ACMA with specific 14-day timeframes","Exception to the general rule that undertakings cannot contain confidential information (Part 4 creates a permitted limitation framework)"],"plain_english_summary":"These rules set out how the ACCC administers and assesses access undertakings from companies that operate digital radio multiplex transmitters, and how the ACCC and ACMA exchange relevant information. They govern lodgement, information exchange, confidentiality and ongoing reporting tied to those undertakings.\n\nThey matter because they ensure shared transmission infrastructure is made available on fair terms, protecting smaller broadcasters from exclusion and promoting competition in digital radio."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/digital-radio-multiplex-transmitter-licences-procedural-rules-2018","history":"/api/acts/digital-radio-multiplex-transmitter-licences-procedural-rules-2018/history","analysis":"/api/acts/digital-radio-multiplex-transmitter-licences-procedural-rules-2018/analysis","conflicts":"/api/acts/digital-radio-multiplex-transmitter-licences-procedural-rules-2018/conflicts","importantCases":"/api/acts/digital-radio-multiplex-transmitter-licences-procedural-rules-2018/important-cases","documents":"/api/acts/digital-radio-multiplex-transmitter-licences-procedural-rules-2018/documents"}}