109BConditions of digital radio multiplex transmitter licences—general

#### 109B Conditions of digital radio multiplex transmitter licences—general (1) A digital radio multiplex transmitter licence is subject to the following conditions: (a) a condition that the licensee must comply with this Act; (b) a condition that the licensee meet all obligations (if any) of the licensee to pay: (i) charges fixed by determinations under section 60 of the Australian Communications and Media Authority Act 2005; and (ii) amounts of apparatus licence tax; (c) a condition that the licensee inform each person authorised by the licensee to operate a multiplex transmitter under the licence of the person’s obligations to comply with this Act and the conditions of the licence; (d) if the licence is for 2 or more multiplex transmitters—a condition that one of those multiplex transmitters is to be used as the main multiplex transmitter and the others as repeater multiplex transmitters; (e) a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence except on a frequency channel or channels, and at a constancy, specified in the licence in accordance with the relevant digital radio channel plan; (f) if the licence is a category 1 digital radio multiplex transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence for transmitting a service unless: (i) the service is a digital commercial radio broadcasting service, and there is in force a commercial radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; or (ii) the service is a digital community radio broadcasting service, and there is in force a designated community radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; (g) if the licence is a category 2 digital radio multiplex transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence for transmitting a service unless: (i) the service is a digital commercial radio broadcasting service, and there is in force a commercial radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; or (ii) the service is a digital community radio broadcasting service, and there is in force a designated community radio broadcasting licence authorising the provision of the service in the designated BSA radio area concerned; or (iii) the service is a digital national radio broadcasting service; (h) if the licence is a category 3 digital radio multiplex transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence for transmitting a service unless the service is a digital national radio broadcasting service; (i) if the licence is a foundation category 1 digital radio multiplex transmitter licence—a condition that the licensee, or a person so authorised, will: (i) commence to transmit a service covered by subparagraph (f)(i) or (ii) on the digital radio start‑up day for the designated BSA radio area concerned; and (ii) transmit a service covered by subparagraph (f)(i) or (ii) at all times after the commencement referred to in subparagraph (i) of this paragraph; (j) if the licence is a foundation category 2 digital radio multiplex transmitter licence—a condition that the licensee, or a person so authorised, will: (i) commence to transmit a service covered by subparagraph (g)(i), (ii) or (iii) on the digital radio start‑up day for the designated BSA radio area concerned; and (ii) transmit a service covered by subparagraph (g)(i), (ii) or (iii) at all times after the commencement referred to in subparagraph (i) of this paragraph; (k) a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, a multiplex transmitter under the licence for transmitting a service unless that service is transmitted using a digital modulation technique; (l) a condition that the licensee must not carry on any activities other than activities that consist of: (i) operating a multiplex transmitter under the licence; and (ii) activities that are related to the operation of the multiplex transmitter; (m) a condition that the licensee, and any person so authorised, must not operate, or permit operation of, a multiplex transmitter under the licence otherwise than in accordance with any relevant technical specifications determined by the relevant digital radio channel plan; (n) a condition that the licensee, and any person so authorised, must comply with guidelines developed by the ACMA under section 33 of the Broadcasting Services Act 1992; (o) a condition that the licensee, and any person so authorised, will comply with any standards under section 130AB of the Broadcasting Services Act 1992 (which deals with technical standards relating to the operation of multiplex transmitters); (p) a condition that the licensee, or a person so authorised, will comply with subsection 130V(1) of the Broadcasting Services Act 1992 (which deals with industry standards); (q) a condition that the licensee will, if requested to do so by the ACMA, submit to the ACMA, within a specified period of at least 30 days, an implementation plan that complies with any relevant determinations under subsection (2); (r) a condition that the licensee, and any person so authorised, must comply with an implementation plan submitted to the ACMA by the licensee; (s) if the licence is a category 3 digital radio multiplex transmitter licence—such other conditions as are specified in the regulations; (t) such other conditions as are specified in the licence. Implementation plans (2) The ACMA may, by legislative instrument, determine requirements to be complied with by implementation plans. (3) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by subsection (2). (4) The ACMA must comply with a direction under subsection (3). Licences allocated under subsection 40(1) of the Broadcasting Services Act 1992 (5) Subparagraphs (1)(f)(i) and (g)(i) do not apply in relation to a commercial radio broadcasting licence allocated under subsection 40(1) of the Broadcasting Services Act 1992. Continuity of transmission (6) The ACMA may, by legislative instrument, specify circumstances in which a digital radio multiplex transmitter licensee, or a person authorised by such a licensee, is taken, for the purposes of subparagraph (1)(i)(ii), to be transmitting a service covered by subparagraph (1)(f)(i) or (ii). (7) The ACMA may, by legislative instrument, specify circumstances in which a digital radio multiplex transmitter licensee, or a person authorised by such a licensee, is taken, for the purposes of subparagraph (1)(j)(ii), to be transmitting a service covered by subparagraph (1)(g)(i), (ii) or (iii). (8) A copy of a declaration under subsection (6) or (7) must be made available on the ACMA’s website. Ministerial directions (9) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by paragraph (1)(t) to specify conditions in a digital radio multiplex transmitter licence. (10) The ACMA must comply with a direction under subsection (9).