87Transmitter licence — starting before start date

87 Transmitter licence — starting before start date

(1) A holder may apply to the ACMA to vary the date of effect of a transmission licence if:

(a) the holder has an approved implementation plan in force for the licence area, or the relevant part of the licence area; and

(b) the holder holds a transmitter licence relating to the approved implementation plan; and

(c) the transmitter licence specifies a date of effect; and

(d) the holder wishes to start transmission in the area or part of the area before the date of effect.

Note the ACMA recognises the possibility that a holder with an approved implementation plan, and a specified start date, may subsequently be in a position to start transmission earlier than expected.

(a) to vary the date of effect of the transmitter licence so that it takes effect from an earlier date nominated by the ACMA; or

(b) not to vary the date of effect of the transmitter licence.

(3) As soon as practicable after making a decision, the ACMA must:

(a) vary the date of effect of the transmitter licence; or

(b) take no action;

(4) Application may be made to the AAT for review of a decision not to vary the date of effect of a transmitter licence.