118NRStandard access entitlements of community broadcasters

#### 118NR Standard access entitlements of community broadcasters Scope (1) This section applies to a foundation digital radio multiplex transmitter licence for a designated BSA radio area. Reservation of multiplex capacity (2) Two‑ninths of multiplex capacity under the digital radio multiplex transmitter licence is reserved for digital community radio broadcasting licensees who are or may be nominated in accordance with subsection (3), (7) or (10). Standard access entitlements—applicable fraction of multiplex capacity (3) If: (a) the digital community radio broadcasting representative company for the designated BSA radio area, by written notice given to the licensee of the digital radio multiplex transmitter licence: (i) nominates 2 or more digital community radio broadcasting licensees for the purposes of this subsection; and (ii) for each nominated digital community radio broadcasting licensee, determines an applicable fraction; and (b) the notice is in force; each nominated digital community radio broadcasting licensee: (c) is entitled to access to the digital community radio broadcasting licensee’s applicable fraction of the multiplex capacity reserved under subsection (2) (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 community radio broadcasting licence, one or more digital community radio broadcasting services in the designated BSA radio area; and (e) is not entitled to transfer the digital community radio broadcasting licensee’s standard access entitlement. (4) The sum of the applicable fractions determined in a notice under subsection (3) must not be greater than 1. (5) The applicable fractions determined in a notice under subsection (3) may be the same or different for each nominated digital community radio broadcasting licensee. (6) A notice given by a digital community radio broadcasting representative company cannot be in force under subsection (3) at the same time as: (a) another notice given by the company is in force under subsection (3); or (b) a notice given by the company is in force under subsection (7) or (10). Standard access entitlements—designated fraction of multiplex capacity (7) If: (a) the digital community radio broadcasting representative company for the designated BSA radio area, by written notice given to the licensee of the digital radio multiplex transmitter licence, nominates 2 or more digital community radio broadcasting licensees for the purposes of this subsection; and (b) the notice is in force; each nominated digital community radio broadcasting licensee: (c) is entitled to access to the designated fraction of the multiplex capacity reserved under subsection (2) (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 community radio broadcasting licence, one or more digital community radio broadcasting services in the designated BSA radio area; and (e) is not entitled to transfer the digital community radio broadcasting licensee’s standard access entitlement. (8) For the purposes of subsection (7), the designated fraction is as follows:  (9) A notice given by a digital community radio broadcasting representative company cannot be in force under subsection (7) at the same time as: (a) another notice given by the company is in force under subsection (7); or (b) a notice given by the company is in force under subsection (3) or (10). Standard access entitlements—half of multiplex capacity (10) If: (a) the digital community radio broadcasting representative company for the designated BSA radio area, by written notice given to the licensee of the digital radio multiplex transmitter licence, nominates a single digital community radio broadcasting licensee for the purposes of this subsection; and (b) the notice is in force; the nominated digital community radio broadcasting licensee: (c) is entitled to access to half of the multiplex capacity reserved under subsection (2) (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 community radio broadcasting licence, one or more digital community radio broadcasting services in the designated BSA radio area; and (e) is not entitled to transfer the digital community radio broadcasting licensee’s standard access entitlement. (11) A notice given by a digital community radio broadcasting representative company cannot be in force under subsection (10) at the same time as: (a) another notice given by the company is in force under subsection (10); or (b) a notice given by the company is in force under subsection (3) or (7). Subsequent notices (12) If: (a) a digital community radio broadcasting representative company gives a notice (the first notice) under subsection (3); and (b) the first notice is in force; the company must not give another notice under subsection (3) or a notice under subsection (7) or (10) unless the other notice under subsection (3) or the notice under subsection (7) or (10), as the case may be: (c) is accompanied by a notice under subsection (15) revoking the first notice; and (d) is expressed to take effect immediately after the revocation of the first notice. (13) If: (a) a digital community radio broadcasting representative company gives a notice (the first notice) under subsection (7); and (b) the first notice is in force; the company must not give another notice under subsection (7) or a notice under subsection (3) or (10) unless the other notice under subsection (7) or the notice under subsection (3) or (10), as the case may be: (c) is accompanied by a notice under subsection (15) revoking the first notice; and (d) is expressed to take effect immediately after the revocation of the first notice. (14) If: (a) a digital community radio broadcasting representative company gives a notice (the first notice) under subsection (10); and (b) the first notice is in force; the company must not give another notice under subsection (10) or a notice under subsection (3) or (7) unless the other notice under subsection (10) or the notice under subsection (3) or (7), as the case may be: (c) is accompanied by a notice under subsection (15) revoking the first notice; and (d) is expressed to take effect immediately after the revocation of the first notice. Revocation of notices (15) If a notice given by a digital community radio broadcasting representative company under subsection (3), (7) or (10) is in force: (a) the company may, by written notice given to the licensee of the digital radio multiplex transmitter licence, revoke the notice given under subsection (3), (7) or (10), as the case may be; and (b) the revocation takes effect at the start of the 30th day after the day on which the notice of revocation is given. (16) A notice of revocation under subsection (15) has no effect unless the digital community radio broadcasting representative company also gives the licensee of the digital radio multiplex transmitter licence: (a) if the notice of revocation relates to a notice (the original notice) given under subsection (3)—either: (i) a fresh notice under subsection (3) that is expressed to take effect immediately after the revocation of the original notice; or (ii) a notice under subsection (7) or (10) that is expressed to take effect immediately after the revocation of the original notice; and (b) if the notice of revocation relates to a notice (the original notice) given under subsection (7)—either: (i) a fresh notice under subsection (7) that is expressed to take effect immediately after the revocation of the original notice; or (ii) a notice under subsection (3) or (10) that is expressed to take effect immediately after the revocation of the original notice; and (c) if the notice of revocation relates to a notice (the original notice) given under subsection (10)—either: (i) a fresh notice under subsection (10) that is expressed to take effect immediately after the revocation of the original notice; or (ii) a notice under subsection (3) or (7) that is expressed to take effect immediately after the revocation of the original notice. (17) If: (a) a digital community radio broadcasting licensee is nominated in a notice under subsection (3), (7) or (10); and (b) the notice is revoked under subsection (15); this section does not prevent that digital community radio broadcasting licensee from being nominated in: (c) in the case of the revocation of a notice given under subsection (3): (i) a fresh notice under subsection (3); or (ii) a notice under subsection (7) or (10); and (d) in the case of the revocation of a notice given under subsection (7): (i) a fresh notice under subsection (7); or (ii) a notice under subsection (3) or (10); and (e) in the case of the revocation of a notice given under subsection (10): (i) a fresh notice under subsection (10); or (ii) a notice under subsection (3) or (7). No variation of notices (18) A notice under subsection (3), (7) or (10) cannot be varied. Limit on nomination (19) The nomination of a digital community radio broadcasting licensee for the purposes of subsection (3), (7) or (10) has no effect if the licensee has already been nominated for the purposes of any of those subsections in the subsection’s application to another digital radio multiplex transmitter licence for the designated BSA radio area. Transitional (20) For the purposes of the application of this section before the digital radio start‑up day for the designated BSA radio area, digital community radio broadcasting licensee includes an incumbent digital community radio broadcasting licensee.