109CConditions of category 1 and category 2 digital radio multiplex transmitter licences—access etc.

#### 109C Conditions of category 1 and category 2 digital radio multiplex transmitter licences—access etc. Compliance with access regime etc. (1) A category 1 digital radio multiplex transmitter licence and a category 2 digital radio multiplex transmitter licence are subject to the following conditions: (a) a condition that the licensee, and each person authorised by the licensee to operate a multiplex transmitter under the licence, will comply with any applicable obligations under Division 4B; (b) a condition that the licensee, and any person so authorised, will comply with an access undertaking in force under Division 4B in relation to the licence; (c) a condition that the licensee, and any person so authorised, will not give access to multiplex capacity under the licence otherwise than in compliance with: (i) the standard access obligations (if any) that are applicable to the licence; or (ii) the excess‑capacity access obligations (if any) that are applicable to the licence; or (iii) the distributed‑capacity access obligations (if any) that are applicable to the licence. Proceeds of auctions (2) If: (a) a foundation digital radio multiplex transmitter licence was issued otherwise than in accordance with a price‑based allocation system determined under section 106; and (b) the licensee receives the net proceeds of an auction mentioned in subsection 118NT(6); the licence is subject to the following conditions: (c) the licensee will set aside the net proceeds of the auction in a separate account with an ADI (within the meaning of the Banking Act 1959); (d) the licensee will not apply those net proceeds except for the purpose of: (i) promoting the digital radio broadcasting platform in Australia; or (ii) discharging a liability of the licensee to pay a fee or charge in relation to the maintenance or operation of the account; or (iii) discharging a liability incurred by the licensee in connection with the auction (other than a liability to comply with an obligation under Division 4B). Definition (3) In this section: > multiplex capacity has the same meaning as in Division 4B.