158BTransmitter licence — starting before start date

158B Transmitter licence — starting before start date

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

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

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

(d) the national broadcaster 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 national broadcaster with an approved implementation plan, and a specified start date, may subsequently be in a position to start transmission earlier than expected.

(2) the ACMA must decide, as soon as practicable:

(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 under subsection (2), 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.