34Alternative uses of broadcasting services bands

34  Alternative uses of broadcasting services bands  (a) the ACMA has advertised under section 38 for applications for the allocation of one or more commercial television broadcasting licences or commercial radio broadcasting licences that are broadcasting services bands licences and that licence is not allocated or not all of those licences are allocated; or  (b) broadcasting services bands spectrum is available in a licence area but has not been made available for commercial television broadcasting licences or commercial radio broadcasting licences; or  (c) broadcasting services bands spectrum has been reserved under section 31 but has not been made available for the purpose for which it was reserved; or  (d) broadcasting services bands spectrum is available but the ACMA has not commenced or completed planning and allocation processes in relation to that spectrum; the ACMA may, by written instrument, determine that the part or parts of the radiofrequency spectrum concerned is or are available for allocation, for a period specified by the ACMA:  (e) for the temporary transmission or the re‑transmission of programs; or  (ea) to temporary community broadcasting licensees; or  (f) to providers of subscription broadcasting services, subscription narrowcasting services or open narrowcasting services; or  (fa) for the transmission of datacasting services on a temporary basis; or  (g) for other purposes.  (2) In making a determination under subsection (1), the ACMA is to have regard to:  (a) the possible future demand for the use of that part of the radiofrequency spectrum; and  (b) such other matters as the ACMA considers relevant.  (2A) If a determination made under subsection (1) determines that a part or parts of the radiofrequency spectrum concerned is or are available for allocation to temporary broadcasting licensees for a period, the ACMA may also specify, in the determination, the maximum number of temporary community broadcasting licences that may be allocated to part or parts of the spectrum for the period.  (3) The ACMA may, by written instrument, determine that a part or parts of the broadcasting services bands spectrum is or are available for allocation for the purposes of the transmission of datacasting services.  (4) In making a determination under subsection (3), the ACMA is to have regard to:  (a) the possible future demand for the use of that part of the radiofrequency spectrum for the provision of commercial television broadcasting services; and  (b) such other matters as the ACMA considers relevant.  (4A) Each part determined under subsection (3) must be 7 MHz. However, this rule does not prevent a particular part from being determined even if it adjoins:  (a) another part that is also specified in the determination; or  (b) 2 other parts that are also specified in the determination. Part 4—Commercial television broadcasting licences and commercial radio broadcasting licences Division 1—Allocation of licences 36  ACMA to determine system for allocating licences  (1) The ACMA is to determine in writing a price‑based system for allocating:  (a) commercial television broadcasting licences that are broadcasting services bands licences; and  (b) commercial radio broadcasting licences that are broadcasting services bands licences.  (2) The Minister may give specific directions to the ACMA for the purpose of a determination.  (3) Directions may be to include in a determination specified reserve prices for licences, and those reserve prices may be different for licences in different licence areas.  (4) If a commercial television broadcasting licence or a commercial radio broadcasting licence referred to in subsection (1) is allocated, the ACMA must, unless the allocation system adopted was public, publish in the Gazette the name of the successful applicant and the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence.