44APreparation of digital radio channel plans

#### 44A Preparation of digital radio channel plans (1) Before issuing the first digital radio multiplex transmitter licence for a designated BSA radio area, the ACMA must, by legislative instrument, prepare a plan that: (a) allots a frequency channel or channels in relation to the designated BSA radio area for use by digital radio multiplex transmitter licensees, where each allotted frequency channel has a bandwidth of at least 1.536 MHz; and (b) reserves a frequency channel of at least 1.536 MHz bandwidth for a category 3 digital radio multiplex transmitter licence for the designated BSA radio area to be issued in accordance with subsection 102E(2); and (c) determines which of the following types of licences, or which combination of the following types of licences, are to be issued for the designated BSA radio area: (i) category 1 digital radio multiplex transmitter licence; (ii) category 2 digital radio multiplex transmitter licence; and (d) if a particular type of licence mentioned in paragraph (c) is to be issued for the designated BSA radio area—determines whether: (i) a single licence of that type is to be issued for the designated BSA radio area; or (ii) 2 or more licences of that type are to be issued for the designated BSA radio area; and (e) determines technical specifications of multiplex transmitters operated under digital radio multiplex transmitter licences for the designated BSA radio area. (2) The plan must be consistent with: (a) the spectrum plan; and (b) any relevant frequency band plans; and (d) any relevant licence area plans prepared under section 26 of the Broadcasting Services Act 1992. (3) A plan under subsection (1) is to be known as the digital radio channel plan for the designated BSA radio area. (4) A copy of a digital radio channel plan is to be made available on the ACMA’s website. (4A) A digital radio channel plan may confer a power to make a decision of an administrative character on the ACMA. Variation of digital radio plans (6) The ACMA may, by legislative instrument, vary a digital radio channel plan. ACMA must have regard to authorised digital radio broadcasting services (8) In preparing a plan under subsection (1) or varying a plan under subsection (6), the ACMA must have regard to: (a) the digital commercial radio broadcasting services that are, or will be, authorised by commercial radio broadcasting licences for the designated BSA radio area; and (b) the digital community radio broadcasting services that are, or will be, authorised by community radio broadcasting licences for the designated BSA radio area; and (c) the digital national radio broadcasting services that are, or will be, provided by national broadcasters in the designated BSA radio area. (9) Subsection (8) does not limit the matters to which the ACMA may have regard. Technical specifications not to discriminate between digital radio multiplex transmitter licensees (11) The ACMA must, as far as practicable, ensure that a digital radio channel plan for a particular designated BSA radio area does not discriminate between digital radio multiplex transmitter licensees in relation to the technical specifications of multiplex transmitters. Chapter 3—Licensing of radiocommunications