40Variation of implementation plan in a series

40 Variation of implementation plan in a series

(a) the ACMA has approved a holder’s application to submit a series of implementation plans for a licence area; and

(b) the holder applies for approval of an implementation plan in the series; and

(c) the plan expressly or impliedly varies an earlier approved implementation plan in the series.

(2) The application for approval of the implementation plan is taken to include an application for approval of the variation of the earlier approved plan.

(3) the ACMA must consider whether the application is suitable for approval.

(4) the ACMA must decide:

(b) if so — whether it is appropriate for it to use the same consultation procedure as is used in section 10 for digital channel plans.

Note The public consultation procedure in section 10 may be an efficient form of consultation for this purpose, but the ACMA does not assume that it will be the most efficient form in every case.

(5) If the ACMA invites comments, it must have regard to any comments it receives when considering the application.

(a) consider the earlier approved plan, as it would be varied, in the way described in sections 28 to 32 (inclusive); and

(b) have regard to the matters in subsection 28 (5) for the whole licence area and for the part of the area to which the earlier approved plan relates.

Note The arrangements in an implementation plan in a series may provide adequately for a specific part of a licence area, but may be inadequate in the context of the whole licence area. If an approved implementation plan is to be varied by a later plan in the series, the ACMA will consider both the immediate and future adequacy of that plan, as it would be varied.