118NQStandard access entitlements of commercial broadcasters

#### 118NQ Standard access entitlements of commercial broadcasters Scope (1) This section applies to a foundation digital radio multiplex transmitter licence for a designated BSA radio area. Standard access entitlements (2) If: (a) an incumbent digital commercial radio broadcasting licensee for the designated BSA radio area, by written notice given to the digital radio multiplex transmitter licensee, claims access to one‑ninth of multiplex capacity under the digital radio multiplex transmitter licence; and (b) the notice is given within 30 days after the issue of the digital radio multiplex transmitter licence; the incumbent digital commercial radio broadcasting licensee: (c) is entitled to access to one‑ninth of multiplex capacity under the digital radio multiplex transmitter licence (which entitlement is called a standard access entitlement); and (d) may only use that standard access entitlement for the purpose of providing, under the digital commercial radio broadcasting licence, one or more digital commercial radio broadcasting services in the designated BSA radio area; and (e) is not entitled to transfer the digital commercial radio broadcasting licensee’s standard access entitlement. (3) Subsection (2) has effect subject to subsections (5) and (6). (4) If the digital radio multiplex transmitter licensee receives a subsection (2) notice, the licensee must, within 7 days after receiving the notice, give a copy of the notice to the ACCC. (5) An incumbent digital commercial radio broadcasting licensee for the designated BSA radio area must not give a subsection (2) notice to the digital radio multiplex transmitter licensee if: (a) the incumbent digital radio broadcasting licensee has given another subsection (2) notice to the digital radio multiplex transmitter licensee; or (b) the incumbent digital commercial radio broadcasting licensee has given a subsection (2) notice to the licensee of another digital radio multiplex transmitter licence for the designated BSA radio area. (6) If subsection (2) notices would result in demand from incumbent digital commercial radio broadcasting licensees for access to multiplex capacity under the first‑mentioned digital radio multiplex transmitter licence being greater than so much of the multiplex capacity under the first‑mentioned digital radio multiplex transmitter licence as is neither: (a) reserved under subsection 118NR(2) (which deals with community broadcasters); nor (b) covered by a standard access entitlement arising under subsection 118NS(2) (which deals with national broadcasters); the ACCC may, by written notice given to a particular incumbent digital commercial radio broadcasting licensee before the digital radio start‑up day for the designated BSA radio area: (c) cancel the licensee’s subsection (2) notice; and (d) determine that this section has effect as if the licensee’s subsection (2) notice had never been given; and (e) determine that this section has effect as if the licensee had given a notice under subsection (2) in relation to another foundation digital radio multiplex transmitter licence for the designated BSA radio area.