1Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2018

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Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2018

Image unavailable in extracted textRadiocommunications Act 1992

The AUSTRALIAN COMPETITION AND CONSUMER COMMISSION makes this

Determination under section 118NJ of the Radiocommunications Act 1992.

Dated 14 May 2018

Rod Sims

Chairman

Image unavailable in extracted textAustralian Competition and Consumer Commission

1 Name of Determination

This Determination is the Digital Radio Multiplex Transmitter Licences

(Decision-Making Criteria) Determination 2018.

2 Commencement

This Determination commences on the day after it is registered on the Federal

Register of Legislative Instruments.

3 Repeal

The Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2008 is repealed.

4 Object of Determination

The object of this Determination is to promote transparency in decision-making by setting out the criteria that the ACCC must apply in deciding whether to accept an access undertaking or a variation of an access undertaking given to the ACCC in relation to a digital radio multiplex transmitter licence.

5 Definitions

In this Determination, unless the contrary intention appears:

ACCC means the Australian Competition and Consumer Commission. access undertaking means an undertaking under section 118ND of the Act. Act means the Radiocommunications Act 1992.

category 1 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.

category 2 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.

digital radio multiplex transmitter licence means:

(a) a category 1 digital radio multiplex transmitter licence; or

(b) a category 2 digital radio multiplex transmitter licence.

licensee means a holder of a digital radio multiplex transmitter licence or any person authorised by the holder of the licence to operate multiplex transmitters under the licence.

multiplex capacity has the meaning given by section 118NB of the Act.

variation of an access undertaking means a variation of an access undertaking under section 118NH of the Act.

6 Acceptance of access undertakings

(1) In deciding whether to accept an access undertaking, the ACCC must have regard to the following matters: