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).  (a) each existing licensee gives a notice under paragraph (1)(e); and  (b) by the end of the 12‑month period beginning at the time when the notice is given:  (i) the ACMA has received an application from only one existing licensee (the first licensee) under subsection (3); and  (ii) the ACMA has not received a notice from the other existing licensee stating that it will not be applying under subsection (3); the ACMA must, as soon as practicable after the end of that 12‑month period, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.  (a) each existing licensee gives a notice under paragraph (1)(e); and  (b) before the end of the 12‑month period beginning at the time when the notice is given, the ACMA receives:  (i) an application from one existing licensee (the first licensee) under subsection (3); and  (ii) a notice from the other existing licensee stating that it will not be applying under subsection (3); the ACMA must, as soon as practicable after both have been received, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.  (9) If only one existing licensee gives a notice under paragraph (1)(e), then, as soon as practicable after receiving an application under subsection (3) from that licensee, the ACMA must allocate an additional commercial television broadcasting licence to that licensee for the licence area. Price‑based system for allocating licences where separate applications have been received  (10) The ACMA may determine in writing a price‑based system for allocating commercial television broadcasting licences under subsection (6).  (11) The Minister may give specific directions to the ACMA for the purpose of a determination.  (12) 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.  (13) If a commercial television broadcasting licence is allocated under subsection (6), the ACMA must, unless the allocation system adopted was public, publish in the Gazette:  (a) the name of the successful applicant; and  (b) the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence. Amalgamation of licence areas in some cases  (14) The ACMA may, by legislative instrument, determine that, if:  (a) more than 30% of the licence area population of a specified licence area is attributable to a specified overlap area; or  (b) a specified licence area is entirely within another specified licence area; this section applies as if the 2 licence areas were one.  (14A) If a determination is made under subsection (14) for 2 licence areas that are remote licence areas (within the meaning of Schedule 4) because of paragraph (14)(b), this section applies as if the single licence area referred to in subsection (14) were the licence area that is entirely within the other licence area.  (15) A determination under subsection (14) has effect accordingly.  (17) On allocation of the additional licence under subsection (5), (7), (8) or (9), 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.  (24) This section has effect subject to section 37. Jointly owned company  (25) For the purposes of this section, a company (the first company) is jointly owned by 2 other companies if, and only if, each share in the first company is beneficially owned by either or both of those other companies.