118QEAccess to designated associated facilities

#### 118QE Access to designated associated facilities Scope (1) This section applies to a designated associated facility if the facility is situated on, at, in or under: (a) a broadcasting transmission tower; or (b) the site on which a broadcasting transmission tower is situated. Access to designated associated facilities (2) The owner or operator of the designated associated facility must, if requested to do so by a person (the access seeker) who is: (a) a digital radio multiplex transmitter licensee; or (b) a person authorised by a digital radio multiplex transmitter licensee under section 114; give the access seeker access to the facility. (3) The owner or operator of the designated associated facility is not required to comply with subsection (2) unless: (a) the access is provided for the sole purpose of enabling the access seeker to use: (i) the facility; or (ii) a service provided by means of the facility; wholly or principally in connection with the transmission of one or more designated content services in accordance with the digital radio multiplex transmitter licence concerned; and (b) the access seeker gives the owner or operator reasonable notice that the access seeker requires the access. Compliance not technically feasible (4) The owner or operator of a designated associated facility is not required to comply with subsection (2) if there is in force a written certificate issued by the ACMA stating that, in the ACMA’s opinion, compliance with subsection (2) in relation to that facility is not technically feasible. (5) In determining whether compliance with subsection (2) in relation to a facility is technically feasible, the ACMA must have regard to: (a) whether compliance is likely to result in significant difficulties of a technical or engineering nature; and (b) whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, a facility situated on the site; and (c) if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to): (i) changing the configuration or operating parameters of a facility situated on the site; and (ii) making alterations to a facility situated on the site; and (d) such other matters (if any) as the ACMA considers relevant. Issue of certificate (6) If the ACMA receives a request to make a decision about the issue of a certificate under subsection (4), the ACMA must use its best endeavours to make that decision within 10 business days after the request was made. Exemptions (7) The regulations may provide for exemptions from subsection (2). (8) Regulations made for the purposes of subsection (7) may make provision with respect to a matter by conferring on the ACCC a power to make a decision of an administrative character.