98ELimit on declaration of foundation digital radio multiplex transmitter licences

#### 98E Limit on declaration of foundation digital radio multiplex transmitter licences (1) In exercising its powers under subsection 98C(1) or 98D(1) in relation to a particular designated BSA radio area, the ACMA must ensure that the total multiplex capacities under foundation digital radio multiplex transmitter licences for the designated BSA radio area is not more than sufficient to fulfil the number of standard access entitlements that have come into existence, or are likely to come into existence, under subsection 118NQ(2) in its application to the designated BSA radio area. (2) For the purposes of subsection (1), if the number of standard access entitlements that have come into existence, or are likely to come into existence, under subsection 118NQ(2) in its application to the designated BSA radio area is not a multiple of 7, round up that number to the next higher number that is a multiple of 7. (3) Subsection (1) does not prevent the ACMA from making a declaration under subsection 98C(1) in relation to a category 1 digital radio multiplex transmitter licence for a particular designated BSA radio area if the ACMA proposes to cancel a foundation category 1 digital radio multiplex transmitter licence that has been previously issued for that area. (4) Subsection (1) does not prevent the ACMA from making a declaration under subsection 98D(1) in relation to a category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area if the ACMA proposes to cancel a foundation category 2 digital radio multiplex transmitter licence that has been previously issued for that area. (5) In this section: > multiplex capacity has the same meaning as in Division 4B.