102ECategory 3 digital radio multiplex transmitter licences

#### 102E Category 3 digital radio multiplex transmitter licences Holder of a category 3 digital radio multiplex licence (1) The ACMA must not issue a category 3 digital radio multiplex transmitter licence to a person unless the person is a qualified company, and: (a) both: (i) each national broadcaster beneficially owns shares in the company; and (ii) there are no other beneficial owners of shares in the company; or (b) both: (i) a single national broadcaster beneficially owns all the shares in the company; and (ii) the other national broadcaster has consented to that beneficial ownership. Obligation to issue a category 3 digital radio multiplex licence (2) If: (a) a digital radio channel plan is in force for a designated BSA radio area; and (b) a qualified company applies under section 99 for a category 3 digital radio multiplex transmitter licence for the designated BSA radio area; and (c) the requirements of paragraph (1)(a) or (b) of this section are satisfied in relation to the qualified company; the ACMA must, under section 100, issue the category 3 digital radio multiplex transmitter licence to the company unless there is already a category 3 digital radio multiplex transmitter licence for the designated BSA radio area. National broadcaster may hold shares in the holder of a category 3 digital radio multiplex licence etc. (3) A national broadcaster may hold shares in a company that: (a) is the holder of a category 3 digital radio multiplex transmitter licence; or (b) is an applicant for the issue of a category 3 digital radio multiplex transmitter licence; or (c) proposes to apply for the issue of a category 3 digital radio multiplex transmitter licence.