5Direction — MF NAS transmitter licences

5 Direction – MF NAS transmitter licences

I direct the ACA to exercise its powers under sections 107 and 111 of the Act, as soon as practicable, to ensure that conditions are imposed on all MF NAS transmitter licences which have the effect that the licensee must not operate a station under the licence to provide a commercial broadcasting service unless:

(a) the licence was:

(i) issued under section 100 of the Act before 6 November 2002; or

(ii) issued under section 130 of the Act on or after 6 November 2002 by way of renewal of a licence referred to in subparagraph (i);

(b) the commercial broadcasting service is provided under a licence which was allocated under section 40 of the Broadcasting Services Act 1992 before 6 November 2002;

(c) the commercial broadcasting service is provided before the date 12 months after the commencement of this Direction; and

(d) the location of the station is:

(i) within 10 km of its location on 6 November 2002; or

(ii) a location outside the 10 km radius referred to in subparagraph (i) that is determined by the ACA in accordance with clause 6 of this Direction and notified to the licensee in writing.