38AAdditional commercial television licences in single markets

38A  Additional commercial television licences in single markets Circumstances in which existing licensee may apply for additional licence  (a) a particular licence area is the licence area of only one commercial television broadcasting licence (the parent licence) that is in force; and  (aa) the parent licence is not a licence allocated under section 38C; and  (b) additional commercial television broadcasting licences can be allocated for the licence area; the existing licensee may apply in writing to the ACMA for an additional commercial television broadcasting licence for the licence area. ACMA must grant additional licence  (2) As soon as practicable, the ACMA must allocate an additional commercial television broadcasting licence to the existing licensee for the licence area, so long as:  (a) all of the following conditions are satisfied:  (i) no licence for the licence area previously allocated under this section to the existing licensee has been cancelled because of a breach of the condition set out in paragraph 7(1)(i) of Schedule 2;  (iii) no licence for the licence area previously held by the existing licensee has been surrendered; or  (i) paragraph (a) does not apply; and  (ii) the ACMA is satisfied that there are exceptional circumstances. Amalgamation of licence areas in some cases  (a) more than 30% of the licence area population of a licence area is attributable to an overlap area; or  (b) a licence area is entirely within another licence area; this section applies as if the 2 licence areas were one.  (8) On allocation of the additional licence, the applicant must pay to the ACMA a fee determined by the ACMA. The fee must not be more than the amount that, in the opinion of the ACMA, represents the costs (including planning costs) incurred by the ACMA in allocating the additional licence.  (11) This section has effect subject to section 37.