38BAdditional commercial television licences in 2‑station markets

38B  Additional commercial television licences in 2‑station markets

 (a) a particular licence area is the licence area of only 2 commercial television broadcasting licences (the parent licences) that are in force; and

 (c) an additional commercial television broadcasting licence can be allocated for the licence area; and

 (ca) the ACMA, by notice published in the Gazette, invites:

 (i) the existing licensees to give the ACMA a joint written notice under paragraph (d); and

 (ii) each existing licensee to give the ACMA a written notice under paragraph (e);

  during the period specified in the notice;

then, within the period specified in the paragraph (ca) notice:

 (d) the existing licensees may give the ACMA a joint written notice stating that:

 (i) a company specified in the notice (the joint‑venture company) will apply for an additional commercial television broadcasting licence for the licence area; and

 (ii) the joint‑venture company is jointly owned by the existing licensees; and

 (iii) the joint‑venture company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital; or

 (e) each existing licensee may give the ACMA a written notice stating that the licensee will apply separately for an additional commercial television broadcasting licence for the licence area.

 (1A) A notice under paragraph (1)(ca) is not a legislative instrument.

Application by joint‑venture company

 (2) If a notice is given under paragraph (1)(d), the joint‑venture company may, within 12 months after the notice is given, apply in writing to the ACMA for an additional commercial television broadcasting licence for the licence area.

Separate applications by existing licensees

 (3) If an existing licensee gives a notice under paragraph (1)(e), the licensee may, within 12 months after the notice is given, apply in writing to the ACMA for an additional commercial television broadcasting licence for the licence area.

Allocation of additional licence to joint‑venture company

 (5) As soon as practicable after receiving an application under subsection (2), the ACMA must allocate an additional commercial television broadcasting licence to the joint‑venture company for the licence area, so long as the ACMA is satisfied that the joint‑venture company is jointly owned by the existing licensees.

Allocation of additional licence to existing licensee

 (6) If the ACMA has received applications from both of the existing licensees under subsection (3), the ACMA must allocate an additional commercial television broadcasting licence to one of those licensees for the licence area in accordance with a price‑based system determined under subsection (10).