102Transmitter licences for certain broadcasting services

#### 102 Transmitter licences for certain broadcasting services (1) Subject to subsections (2AA) and (2AB) and section 102AE, if a broadcasting services bands licence (the related licence) is allocated to a person under Part 4 or 6 of the Broadcasting Services Act 1992, the ACMA must issue to the person a transmitter licence that authorises operation of one or more specified radiocommunications transmitters for transmitting the broadcasting service or services concerned in accordance with the related licence. > Note: Section 102AE provides for the consolidation of transmitter licences issued under this subsection, with the effect that multiple broadcasting services bands licences may relate to a single consolidated transmitter licence. (2) Subject to subsection 102AE(4), if the related licence is transferred, that transmitter licence is taken to be issued to the person to whom the related licence is transferred. (2AA) Subsection (1) does not apply if: (a) the related licence is a commercial radio broadcasting licence allocated on or after the digital radio start‑up day for the BSA licence area; and (b) the related licence is subject to a condition that the related licensee may only provide digital commercial radio broadcasting services under the related licence. (2AB) Subsection (1) does not apply if: (a) the related licence is a designated community radio broadcasting licence allocated on or after the digital radio start‑up day for the BSA licence area; and (b) the related licence is subject to a condition that the related licensee may only provide digital community radio broadcasting services under the related licence. (2AC) If: (a) the related licence is a commercial radio broadcasting licence allocated before the digital radio start‑up day for the BSA licence area; and (b) under the Broadcasting Services Act 1992, the related licence authorises the related licensee to provide digital commercial radio broadcasting services; then, after the digital radio start‑up day for the BSA licence area, the transmitter licence does not authorise the operation of a radiocommunications transmitter for transmitting those services. (2AD) If: (a) the related licence is a designated community radio broadcasting licence allocated before the digital radio start‑up day for the BSA licence area; and (b) under the Broadcasting Services Act 1992, the related licence authorises the related licensee to provide digital community radio broadcasting services; then, after the digital radio start‑up day for the BSA licence area, the transmitter licence does not authorise the operation of a radiocommunications transmitter for transmitting those services. (3) If: (a) a transmitter licence is or was issued under this section; and (b) the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting the broadcasting service or services concerned in digital mode using one or more channels; the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting designated datacasting services in digital mode using those channels. (5) The authorisation of the operation of the transmitter or transmitters concerned for transmitting a designated datacasting service in digital mode using those channels has no effect unless: (a) the licensee holds a BSA datacasting licence authorising the provision of that service; or (b) the service is a designated teletext service.