39Additional commercial radio licences in single markets

39  Additional commercial radio licences in single markets Conditions for allocation of additional licence  (a) a particular licence area is the licence area of only one commercial radio broadcasting licence (the parent licence) that is in force; and  (b) a service is being provided under the parent licence; and  (c) the licence area for the parent licence does not have an excessive overlap area, as determined under subsection (5); and  (d) the licensee requests the ACMA, in writing, to allocate to the licensee, for the same licence area, another commercial radio broadcasting licence that is a broadcasting services bands licence; and  (e) in the opinion of the ACMA, suitable broadcasting services bands spectrum is available for providing another commercial radio broadcasting service in the same licence area; the ACMA must allocate an additional licence to the applicant for the same licence area as soon as practicable. Time limit for applications  (2) An application under subsection (1) must be made within 60 days after:  (a) the commencement of this section; or  (b) the time when paragraphs (1)(a), (b) and (c) are first satisfied in relation to the parent licence; whichever is later.  (3) If the conditions in paragraphs (1)(a), (b), (c) and (e) are not all satisfied at the time when the application is made, but at a later time they are all satisfied, then the ACMA is under an obligation at that later time to allocate the additional licence (unless the application has been withdrawn). Matters that ACMA must take into account  (4) The matters that the ACMA must take into account in forming an opinion for the purposes of paragraph (1)(e) include the following:  (b) any relevant plan under section 26;  (c) any relevant capacity that has been reserved under section 31. Excessive overlap area  (5) The licence area for the parent licence has an excessive overlap area if:  (a) more than 30% of the licence area population of the licence area of the parent licence is attributable to an area that overlaps with the licence area of another commercial radio broadcasting licence; and  (b) at least one of the following situations exists:  (i) more than 30% of the licence area population of the licence area of that other licence is also attributable to the area that overlaps with the licence area of the parent licence;  (ii) more than one commercial radio broadcasting licence is in force with the same licence area as that other licence. Technical specifications for additional licence  (6) The ACMA must make a determination in writing setting out the technical specifications that apply to the additional licence. The ACMA is not required to make the determination if a plan under section 26 applies to the licence area of the additional licence.  (7) For the purposes of this Act and section 109 of the Radiocommunications Act 1992, the technical specifications are taken to have been determined under section 26 of this Act.  (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.  (9) On the allocation of the additional licence, it becomes a condition of both the parent licence and the additional licence that the licensee will continue to provide services under those licences for at least 2 years after the date of allocation of the additional licence. Restrictions on transfer of licences  (10) During the period of 2 years after the date of allocation of the additional licence, any attempt by any person to transfer either the parent licence or the additional licence is of no effect unless both of those licences are transferred at the same time by the same person to the same transferee.  (11) This section has effect subject to section 37. Section 29 does not apply in some cases  (12) If the licence area of the parent licence is not provided for under a licence area plan under section 26, then section 29 does not apply to the allocation of the additional licence.