85Transmitter licence — unapproved application for approval of implementation plan by application date

85 Transmitter licence — unapproved application for approval of implementation plan by application date

(a) a holder holds a transmitter licence mentioned in section 83; and

(b) the holder intends to transmit before the holder has an approved implementation plan in force for the licence area, or the relevant part of the licence area; and

(c) the holder applies for approval of an implementation plan for the area, or part of the area, by the date mentioned in section 27, and has not withdrawn the application; and

(d) the ACMA has not approved the application by the date mentioned in section 27.

Note The date mentioned in section 27 is the date on or before which a holder is required to apply for approval of an implementation plan.

(a) to vary or renew the transmitter licence so that the transmitter licence ceases to be in force at the start of the simulcast period; or

(b) if the licence has ceased to be in force — to issue a new transmitter licence that is identical to the previous licence, except that the new transmitter licence will cease to be in force at the start of the simulcast period; or

(3) the ACMA must consider whether allowing the transmissions to continue under the varied, renewed or new transmitter licence will:

(a) assist with developing a digital channel plan, or confirming that an existing digital channel plan is satisfactory; or

(b) assist with developing an implementation plan, or confirming that an existing approved implementation plan is satisfactory; or

(4) the ACMA may, in writing, ask the holder to do 1 or more of the following things to help the ACMA to consider its decision:

(5) As soon as practicable after making a decision under subsection (2), the ACMA must:

(6) Application may be made to the AAT for review of a decision not to vary, renew or issue the licence.

86 Transmitter licence — no application, or unapproved application, for approval of implementation plan by start of simulcast period

(a) a holder holds a transmitter licence:

(i) mentioned in section 83; or

(ii) varied, renewed or issued as described in subsection 84 (2) or 85 (2); and

(b) the holder intends to transmit before the holder has an approved implementation plan in force for the licence area, or the relevant part of the licence area; and

(c) the holder has not applied for approval of an approved implementation plan for the area, or part of the area, by the start of the simulcast period for the area.

(2) This section also applies if:

(a) a holder holds a transmitter licence: