118NHVariation of access undertakings

#### 118NH Variation of access undertakings (1) This section applies if an access undertaking is in force in relation to a digital radio multiplex transmitter licence. (2) The licensee: (a) may give the ACCC a variation of the access undertaking; and (b) must give the ACCC a variation of the access undertaking if required to do so by the ACCC. Decision to accept or reject variation (3) After considering the variation, the ACCC must: (a) accept the variation; or (b) reject the variation. (4) Before accepting the variation, the ACCC must: (a) publish a copy of the variation on the ACCC’s website; and (b) invite members of the public to make submissions to the ACCC about the variation within a specified period; and (c) consider any submissions the ACCC receives from members of the public within that period. (5) If the ACCC rejects the variation, the ACCC may give the licensee a written notice advising the licensee that, if the licensee: (a) makes such alterations to the variation as are specified in the notice; and (b) gives the altered variation to the ACCC within the time limit allowed by the Procedural Rules; the ACCC will accept the altered variation. (6) If the ACCC rejects the variation, the ACCC may, by written notice given to the licensee, vary the access undertaking. (7) Before giving a notice under subsection (6), the ACCC must: (a) publish a copy of the notice on the ACCC’s website; and (b) invite members of the public to make submissions to the ACCC about the notice within a specified period; and (c) consider any submissions the ACCC receives from members of the public within that period. Notice of decision (8) If the ACCC accepts the variation, the ACCC must give the licensee a written notice: (a) stating that the variation has been accepted; and (b) setting out the terms of the variation. (9) If the ACCC rejects the variation, the ACCC must give the licensee a written notice: (a) stating that the variation has been rejected; and (b) setting out the reasons for the rejection; and (c) if ACCC gives a notice under subsection (6)—stating that the notice has been given. Requirement to give variation (10) The ACCC must not, under paragraph (2)(b), impose a requirement (the current requirement) on the licensee to give the ACCC a variation of the access undertaking unless: (a) the current requirement is imposed by a written notice given to the licensee on or after 1 January 2015; and (b) the ACCC is satisfied that the access undertaking would be rejected if it were given to the ACCC when the current requirement is imposed; and (c) no previous requirement was imposed on the licensee under paragraph (2)(b) during the 5‑year period ending immediately before the current requirement was imposed. (11) If the licensee does not give the ACCC a variation of the access undertaking when required to do so by the ACCC under paragraph (2)(b), the ACCC may, by written notice given to the licensee, vary the access undertaking. (12) Before giving a notice under subsection (11), the ACCC must: (a) publish a copy of the notice on the ACCC’s website; and (b) invite members of the public to make submissions to the ACCC about the notice within a specified period; and (c) consider any submissions the ACCC receives from members of the public within that period.