I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Radiocommunications Act 1992.
Dated 4 April 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
M. J. LEE
Minister for Communications and the Arts
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PART 1—PRELIMINARY
Citation
These Regulations may be cited as the Radiocommunications (Coordination) Regulations.
Commencement
These Regulations commence on 6 April 1995.
Object of the Regulations
The object of these Regulations is to set out procedures with which certain persons are permitted to comply in order to ensure that:
(a) transmitters used by licensees will be located at places that will assist in the efficient provision of telecommunications services; and
(b) interference caused by the operation of those transmitters will be minimised.
Note: [NOTE: These Regulations set out some of the arrangements for the supply of certain radiocommunications services, using multipoint distribution system stations as transmitters. The services are described in detail in the Radiocommunications (Allocation of Multipoint Distribution Station Licences—Regional Licences) Determination No. 1 of 1995. These Regulations should be read in conjunction with that Determination.]
Interpretation
(1) In these Regulations, unless the contrary intention appears:
“additional agreed Transmitter Proposal” means a Transmitter Proposal that is an agreed Transmitter Proposal under regulation 25;
“additional allocation” means the allocation of a licence in accordance with clause 28 of the MDS allocation Determination;
“agreed Transmitter Proposal” means a Transmitter Proposal that is an agreed Transmitter Proposal under regulation 16;
“area” has the same meaning as in the MDS allocation Determination;
“channel” has the same meaning as in the MDS allocation Determination;
“conciliation” means conciliation under Part 4.3 of the Act;
“group” means a group of channels within the meaning of the Multipoint Distribution System Band Plan;
“licence” has the same meaning as in the MDS allocation Determination;
“licensee” means a person to whom the SMA has issued a licence in accordance with the MDS allocation Determination;
“MDS allocation Determination” means the Radiocommunications (Allocation of Multipoint Distribution Station Licences—Regional Licences) Determination No. 1 of 1995, as in force on the day on which these Regulations commence;
“nominated applicant” means a person who is a nominated applicant, within the meaning of the MDS allocation Determination, for a licence:
(a) in an area; and
(b) that refers to a channel in a group in that area;
“relevant area and group”, in relation to a Transmitter Proposal, means:
(a) the area to which the Transmitter Proposal relates; and
(b) the group that includes the channel referred to in the Transmitter Proposal;
“replacement Transmitter Proposal” means a Transmitter Proposal that:
(a) a nominated applicant gives to the SMA under subregulation 9 (1); or
(b) a licensee gives to the SMA under subregulation 19 (1);
“the Act” means the Radiocommunications Act 1992;
“transmitter” means a multipoint distribution station within the meaning of the Radiocommunications Regulations;
“Transmitter Proposal” means the document approved by the SMA under subclause 7 (4) of the MDS allocation Determination.
(2) In these Regulations, a reference to agreement with a Transmitter Proposal is a reference to agreement with the Proposal in accordance with regulation 13, 14, 15, 23 or 24.
When is conciliation required in relation to an area and group?
For the purposes of these Regulations, conciliation is required in relation to an area and group if:
(a) the SMA has referred a matter involving disputed conduct to a conciliator under subsection 206 (1) of the Act; and
(b) the disputed conduct relates to the proposed operation, in accordance with a Transmitter Proposal, of a transmitter under a licence:
(i) for the area to which the Transmitter Proposal relates; and
(ii) that refers to a channel in a group in that area.
Note: [NOTE: Under section 206 of the Act, if it appears to the SMA that:
(a) a person has engaged, is engaging or is proposing to engage in disputed conduct as described in paragraph 205 (1) (a) of the Act; and
(b) the interests of another person have been, are or are likely to be affected by the conduct;
the SMA may refer the matter to a conciliator appointed under section 202 of the Act. The SMA must have regard to the matters described in section 207 of the Act before seeking the conciliator’s assistance.
Note: The conciliation process is described in sections 208, 209, 210 and 211 of the Act.]
PART 2—TRANSMITTER PROPOSALS FOR AN AREA FOR WHICH THE SMA HAS NOT ISSUED LICENCES
Nominated applicant may give the SMA a Transmitter Proposal
(1) Subject to subregulations (2) and (3), a person who becomes a nominated applicant for a licence may give the SMA a completed Transmitter Proposal in accordance with this regulation.
Note: [NOTE: Arrangements for giving the SMA a Transmitter Proposal when an additional allocation is required are set out in regulation 7.]
(2) A nominated applicant must not give the SMA a Transmitter Proposal under subregulation (1) if:
(a) the SMA has directed, under the MDS allocation Determination, that a licence in the relevant area and group is to be included in an additional allocation; or
(b) conciliation is required in relation to the relevant area and group; or
(c) an agreed Transmitter Proposal is in force for the relevant area and group.
(3) A nominated applicant must not give the SMA a Transmitter Proposal later than 12 months after the day on which the person becomes a nominated applicant.
(4) If the SMA asks a nominated applicant, under paragraph 8 (1) (a), to give it information, the nominated applicant may give the SMA a statement of the information, with the Transmitter Proposal or at a later time.
(5) For the purposes of subregulation (1):
(a) a Transmitter Proposal may be completed by more than 1 nominated applicant in relation to the relevant area and group; and
(b) if a nominated applicant is an individual—the nominated applicant must sign the Transmitter Proposal; and
(c) if a nominated applicant is a company—the seal of the company must be duly affixed to the Transmitter Proposal; and
(d) if a nominated applicant is not an individual or a company—the nominated applicant must duly execute the Transmitter Proposal; and
(e) if a nominated applicant consists of more than one person—each person must sign or otherwise duly execute the Transmitter Proposal.
(6) The Transmitter Proposal given to the SMA must have on it the nominated applicant’s original signature or other means of execution.
(7) A nominated applicant must give the documents and information referred to in subregulations (1) and (4) to the SMA:
(a) if the SMA tells the nominated applicant an address under paragraph 8 (1) (c)—at that address; or
(b) in any other case—at the address published under clause 4 of the MDS allocation Determination in relation to the licence for which the nominated applicant is the nominated applicant.
Nominated applicant may give the SMA a Transmitter Proposal if an additional allocation is required
(1) Subject to subregulations (2) and (3), if:
(a) the SMA directs, under the MDS allocation Determination, that a licence:
(i) in an area; and
(ii) that refers to a channel in a group in that area;
is to be included in an additional allocation; and
(b) a person:
(i) is a nominated applicant for a licence in relation to that area and group when the SMA gives the direction; or
(ii) becomes a nominated applicant for a licence in relation to that area and group, before or after the SMA gives the direction;
the nominated applicant may give the SMA a completed Transmitter Proposal in accordance with this regulation.
(2) A nominated applicant must not give the SMA a Transmitter Proposal if:
(a) conciliation is required in relation to the relevant area and group; or
(b) an agreed Transmitter Proposal is in force for the relevant area and group on the day on which the person becomes a nominated applicant.
(3) A nominated applicant must not give the SMA a Transmitter Proposal later than 12 months after the day on which all the licences in relation to the relevant area and group, that have not been withdrawn from the allocation system in accordance with the MDS allocation Determination, have been allocated to nominated applicants by the SMA.
(4) If the SMA asks a nominated applicant, under paragraph 8 (1) (a), to give it information, the nominated applicant may give the SMA a statement of the information, with the Transmitter Proposal or at a later time.
(5) For the purposes of subregulation (1):
(a) a Transmitter Proposal may be completed by more than 1 nominated applicant in relation to the relevant area and group; and
(b) if a nominated applicant is an individual—the nominated applicant must sign the Transmitter Proposal; and
(c) if a nominated applicant is a company—the seal of the company must be duly affixed to the Transmitter Proposal; and
(d) if a nominated applicant is not an individual or a company—the nominated applicant must duly execute the Transmitter Proposal; and
(e) if a nominated applicant consists of more than one person—each person must sign or otherwise duly execute the Transmitter Proposal.
(6) The Transmitter Proposal given to the SMA must have on it the nominated applicant’s original signature or other means of execution.
(7) A nominated applicant must give the documents and information referred to in subregulations (1) and (4) to the SMA at:
(a) if the SMA tells the nominated applicant an address under paragraph 8 (1) (c)—that address; or
(b) in any other case—the address published under clause 4 of the MDS allocation Determination in relation to the licence for which the nominated applicant is the nominated applicant.
Information relating to a Transmitter Proposal
(1) Subject to subregulation (2), the SMA may, in writing:
(a) ask a nominated applicant to give the SMA information, identified in the request, in support of a Transmitter Proposal; and
(b) ask a nominated applicant to give the SMA information, identified in the request, for the purpose of evaluating a Transmitter Proposal that the nominated applicant has given to the SMA; and
(c) tell the nominated applicant an address at which the information, and the Transmitter Proposal, must be given to the SMA.
(2) The SMA must not ask a nominated applicant for information under paragraph (1) (b):
(a) if conciliation is required in relation to the area and group to which the Transmitter Proposal referred to in paragraph (1) (b) relates; or
(b) if:
(i) the SMA has already asked the nominated applicant for information under paragraph (1) (b); and
(ii) the nominated applicant has not complied with that request.
(3) Subject to subregulation (4), if a nominated applicant wishes to comply with a request under paragraph (1) (b), the nominated applicant must give the information to the SMA, in writing, no later than 14 days after the day on which the SMA asks the nominated applicant to give the information.
(4) A nominated applicant is not required to comply with a request under paragraph (1) (b):
(a) if conciliation is required in relation to the area and group to which the Transmitter Proposal referred to in that paragraph relates; or
(b) if:
(i) the SMA has already asked the nominated applicant for information under paragraph (1) (b); and
(ii) the nominated applicant has not complied with that request.
(5) If:
(a) a nominated applicant does not give the SMA information in accordance with subregulation (3); and
(b) subregulation (4) does not apply to the nominated applicant; and
(c) the Transmitter Proposal to which the information relates is not, at the end of the time specified in that subregulation for compliance, an agreed Transmitter Proposal;
the Transmitter Proposal specified in paragraph (1) (b) ceases to have effect, for the purposes of these Regulations, at the end of the time specified in subregulation (3) for compliance.
Replacement of a Transmitter Proposal
(1) Subject to subregulations (2), (3), (4) and (5), a nominated applicant may only change information set out in the nominated applicant’s Transmitter Proposal (in this regulation called “the original Proposal”) by giving the SMA another completed Transmitter Proposal.
(2) A nominated applicant must not give the SMA a Transmitter Proposal under subregulation (1) if:
(a) conciliation is required in relation to the relevant area and group; or
(b) an agreed Transmitter Proposal is in force for the relevant area and group.
(3) If:
(a) a nominated applicant gave the SMA a Transmitter Proposal under subregulation 6 (1); and
(b) the period referred to in subregulation 6 (3) ends less than 3 months after the day on which the SMA gave a copy of the original Proposal to the last nominated applicant in accordance with regulation 11;
the nominated applicant may give the SMA a replacement Transmitter Proposal no later than the last day of the period referred to in subregulation 6 (3).
(4) If:
(a) a nominated applicant gave the SMA a Transmitter Proposal under subregulation 7 (1); and
(b) the period referred to in subregulation 7 (3) ends less than 3 months after the day on which the SMA gave a copy of the original Proposal to the last nominated applicant in accordance with regulation 11;
the nominated applicant may give the SMA a replacement Transmitter Proposal no later than the last day of the period referred to in subregulation 7 (3).
(5) If subregulations (3) and (4) do not apply, a nominated applicant may give the SMA a replacement Transmitter Proposal no later than 3 months after the day on which the SMA gave a copy of the original Proposal to the last nominated applicant in accordance with regulation 11.
(6) If:
(a) a nominated applicant gives the SMA a replacement Transmitter Proposal; and
(b) the only person who completed the relevant original Proposal was the nominated applicant;
the original Proposal ceases to have effect, for the purposes of these Regulations, when the SMA is given the replacement Transmitter Proposal.
(7) If:
(a) a nominated applicant gives the SMA a replacement Transmitter Proposal; and
(b) the relevant original Proposal was completed by more than 1 nominated applicant;
the original Proposal has effect, for the purposes of these Regulations, only in relation to the nominated applicants who did not give the SMA the replacement Transmitter Proposal.
Additional information relating to a replacement Transmitter Proposal
(1) Subject to subregulation (2), if a nominated applicant gives the SMA a replacement Transmitter Proposal, the SMA may ask the nominated applicant, in writing, to give the SMA additional information, identified in the request, for the purpose of evaluating the replacement Transmitter Proposal.
(2) The SMA must not ask a nominated applicant for information under subregulation (1):
(a) if conciliation is required in relation to the area and group to which the replacement Transmitter Proposal referred to in subregulation (1) relates; or
(b) if:
(i) the SMA has already asked the nominated applicant for information under subregulation (1); and
(ii) the nominated applicant has not complied with that request.
(3) Subject to subregulation (4), if a nominated applicant wishes to comply with a request under subregulation (1), the nominated applicant must give the information to the SMA, in writing, no later than 14 days after the day on which the SMA asks the nominated applicant to give the information.
(4) A nominated applicant is not required to comply with a request under subregulation (1):
(a) if conciliation is required in relation to the area and group to which the replacement Transmitter Proposal referred to in subregulation (1) relates; or
(b) if:
(i) the SMA has already asked the nominated applicant for information under subregulation (1); and
(ii) the nominated applicant has not complied with that request.
(5) If:
(a) a nominated applicant does not give the SMA information in accordance with subregulation (3); and
(b) subregulation (4) does not apply to the nominated applicant; and
(c) the replacement Transmitter Proposal to which the information relates is not, at that time, an agreed Transmitter Proposal;
the replacement Transmitter Proposal ceases to have effect, for the purposes of these Regulations, at the end of the time specified in subregulation (3) for compliance.
Distribution of Transmitter Proposals and information
(1) If a nominated applicant gives the SMA a Transmitter Proposal, or a replacement Transmitter Proposal, the SMA must, as soon as practicable, give a copy of the Proposal to each person (if any) who:
(a) is a nominated applicant, on the day on which the SMA is given the Proposal, in relation to the relevant area and group; and
(b) did not complete the Proposal.
(2) If:
(a) a nominated applicant gives the SMA a Transmitter Proposal, or a replacement Transmitter Proposal; and
(b) a person becomes a nominated applicant, after the day on which the SMA is given the Proposal, in relation to the relevant area and group; and
(c) the person did not complete the Proposal;
the SMA must, as soon as practicable, give a copy of the Proposal to the person.
(3) If a nominated applicant gives the SMA information under subregulation 6 (4), 7 (4), 8 (2), 9 (3) or 10 (3) in relation to a Transmitter Proposal, the SMA must, as soon as practicable, give a copy of the information to:
(a) each person (if any) who is a nominated applicant in relation to:
(i) the area to which the Proposal relates; and
(ii) the group that includes the channel referred to in the Transmitter Proposal;
on the day on which the SMA is given the information; and
(b) each person who becomes a nominated applicant in relation to that area and group after that day.
Giving the SMA a Transmitter Proposal as the result of conciliation
If:
(a) conciliation is required in relation to the area and group to which a Transmitter Proposal relates; and
(b) the conciliator is able to effect a settlement of the relevant matter for the purposes of paragraph 208 (b) of the Act;
a nominated applicant may give the SMA a Transmitter Proposal containing arrangements that reflect the terms of the settlement.
Note: [NOTE: If the SMA is given a Transmitter Proposal under clause 12, the Transmitter Proposal becomes the agreed Transmitter Proposal for the relevant area and group: see subclause 16 (4).]
PART 3—AGREED TRANSMITTER PROPOSALS FOR AN AREA FOR WHICH THE SMA HAS NOT ISSUED LICENCES
Written agreement with a Transmitter Proposal
(1) Subject to subregulations (2) and (3), if the SMA gives a nominated applicant a copy of a Transmitter Proposal in accordance with regulation 11 (in this regulation called “the relevant Proposal”), the nominated applicant may tell the SMA, in writing, that the nominated applicant agrees with the relevant Proposal.
Note: [NOTE: If the nominated applicant does not act under subregulation (1), regulation 14 may apply to the nominated applicant. The effect of regulation 14 is that the nominated applicant may be taken to agree with the relevant Proposal in certain circumstances.]
(2) A nominated applicant must not tell the SMA that the nominated applicant agrees with the relevant Proposal if conciliation is required in relation to the relevant area and group.
(3) A nominated applicant must not tell the SMA that the nominated applicant agrees with the relevant Proposal later than 3 months after the day on which the SMA gave the relevant Proposal to the nominated applicant.
(4) For the purposes of subregulation (1):
(a) a nominated applicant must identify clearly the relevant Proposal; and
(b) if a nominated applicant is an individual—the nominated applicant must sign the written agreement; and
(c) if a nominated applicant is a company—the seal of the company must be duly affixed to the written agreement; and
(d) if a nominated applicant is not an individual or a company—the nominated applicant must duly execute the written agreement; and
(e) if a nominated applicant consists of more than one person—each person must sign or otherwise duly execute the written agreement.
(5) The written agreement given to the SMA must have on it the nominated applicant’s original signature or other means of execution.
(6) For the purposes of these Regulations, the agreement of a nominated applicant ceases to have effect if the relevant Proposal ceases to have effect.
(7) If a nominated applicant gives the SMA a written agreement with a Transmitter Proposal under subregulation (1), the SMA must, as soon as practicable, give a copy of the agreement to:
(a) each of the other nominated applicants in relation to the relevant area and group; and
(b) each person who becomes a nominated applicant in relation to the relevant area and group after that day.
Agreement with a Transmitter Proposal by passage of time
(1) Subject to subregulation (2), if:
(a) the SMA gives a nominated applicant a copy of a Transmitter Proposal in accordance with regulation 11 (in this regulation called “the relevant Proposal”); and
(b) the nominated applicant does not, before the approval day referred to in subregulation (3) or (4), tell the SMA under subregulation 13 (1) that the nominated applicant agrees with the relevant Proposal; and
(c) the relevant Proposal does not cease to have effect before the approval day referred to in subregulation (3) or (4);
the nominated applicant is taken to have agreed with the relevant Proposal on the approval day.
(2) A nominated applicant is not taken to have agreed with the relevant Proposal if conciliation is required, before the approval day, in relation to the relevant area and group.
(3) If, at the end of a period of 3 months after the day on which the SMA gave the relevant Proposal to the nominated applicant:
(a) the SMA has not asked the nominated applicant who gave it the relevant Proposal to give the SMA further information about the relevant Proposal; or
(b) the SMA has received all further information that it requires about the relevant Proposal;
the approval day is the first day following the end of the period.
(4) If, at the end of a period of 3 months after the day on which the SMA gave the relevant Proposal to the nominated applicant:
(a) the SMA has asked the nominated applicant who gave it the relevant Proposal to give the SMA further information about the relevant Proposal; and
(b) the nominated applicant who gave the SMA the relevant Proposal has not given the SMA all of the information;
the approval day is the day occurring 36 days after the end of the period.
(5) For the purposes of these Regulations, the agreement of a nominated applicant ceases to have effect if the relevant Proposal ceases to have effect.
(6) If a nominated applicant is taken to have agreed with a relevant Proposal, the SMA must, as soon as practicable after the approval day, tell, in writing, each other nominated applicant in relation to the relevant area and group that the nominated applicant is taken to have agreed with the relevant Proposal.
Agreement with a Transmitter Proposal after an additional allocation
(1) If:
(a) the SMA directs, under the MDS allocation Determination, that a licence in:
(i) an area; and
(ii) a group for the area;
is to be included in an additional allocation; and
(b) an agreed Transmitter Proposal is in force, on the day on which the additional allocation is completed, for that area and group; and
(c) a person becomes a nominated applicant for a licence in relation to that area and group as a result of the additional allocation;
the person is taken to have agreed with the agreed Transmitter Proposal on the day on which the person becomes a nominated applicant.
(2) For the purposes of these Regulations, the agreement of a nominated applicant ceases to have effect if the relevant Proposal ceases to have effect.
(3) If:
(a) the SMA directs, under the MDS allocation Determination, that a licence in:
(i) an area; and
(ii) a group for the area;
is to be included in an additional allocation; and
(b) an agreed Transmitter Proposal is not in force, on the day on which the additional allocation is completed, for that area and group; and
(c) a nominated applicant in relation to that area and group has given the SMA a Transmitter Proposal before the day on which the additional allocation is completed; and
(d) a person becomes a nominated applicant in relation to that area and group as a result of the additional allocation;
the SMA must give the Transmitter Proposal referred to in paragraph (c) to the person.
(4) Regulations 13 and 14 apply to the nominated applicant referred to in paragraph (3) (d) from the day on which the SMA gives the nominated applicant the Transmitter Proposal referred to in paragraph (3) (c).
How does a Transmitter Proposal become an agreed Transmitter Proposal?
(1) If:
(a) there is only 1 nominated applicant in relation to:
(i) an area; and
(ii) a group of channels in the area; and
(b) the nominated applicant gives the SMA a Transmitter Proposal; and
(c) an agreed Transmitter Proposal is not in force, immediately before the nominated applicant gives the SMA the Transmitter Proposal, for that area and group;
the Transmitter Proposal becomes the agreed Transmitter Proposal for that area and group on the day on which the nominated applicant gives the SMA the Transmitter Proposal.
(2) If:
(a) there is more than 1 nominated applicant in relation to:
(i) an area; and
(ii) a group of channels in the area; and
(b) all of the nominated applicants in relation to that area and group give the SMA a single Transmitter Proposal; and
(c) immediately before the nominated applicants give the SMA the Transmitter Proposal, there is no agreed Transmitter Proposal for that area and group;
the Transmitter Proposal becomes the agreed Transmitter Proposal for that area and group on the day on which the nominated applicants give the SMA the Transmitter Proposal.
(3) If:
(a) there is more than 1 nominated applicant in relation to:
(i) an area; and
(ii) a group of channels in the area; and
(b) under regulation 13, 14 or 15, each of the nominated applicants in relation to that area and group agrees, or is taken to have agreed, with a Transmitter Proposal; and
(c) immediately before the last of the nominated applicants agreed with the Proposal, there was no agreed Transmitter Proposal for that area and group;
the Transmitter Proposal becomes the agreed Transmitter Proposal for that area and group on the day on which the last of the nominated applicants agrees with the Transmitter Proposal.
(4) If a nominated applicant gives the SMA a Transmitter Proposal under regulation 12, the Transmitter Proposal becomes the agreed Transmitter Proposal for the relevant area and group on the day on which it is given to the SMA.
PART 4—CONSIDERATION OF TRANSMITTER PROPOSALS FOR AN AREA FOR WHICH THE SMA HAS ISSUED LICENCES
Licensee may give the SMA a Transmitter Proposal
(1) Subject to subregulation (2), a licensee in relation to:
(a) an area; and
(b) a group of channels in the area;
may give the SMA a completed Transmitter Proposal in accordance with this regulation.
(2) A licensee must not give the SMA a Transmitter Proposal under subregulation (1) if conciliation is required in relation to the relevant area and group.
(3) If the SMA asks the licensee, under paragraph 18 (1) (a), to give it information, the nominated applicant may give the SMA a statement of the information with the Transmitter Proposal, or at a later time.
(4) For the purposes of subregulation (1):
(a) a Transmitter Proposal may be completed by more than 1 licensee in relation to the relevant area and group; and
(b) if a licensee is an individual—the licensee must sign the Transmitter Proposal; and
(c) if a licensee is a company—the seal of the company must be duly affixed to the Transmitter Proposal; and
(d) if a licensee is not an individual or a company—the licensee must duly execute the Transmitter Proposal; and
(e) if a licensee consists of more than one person—each person must sign or otherwise duly execute the Transmitter Proposal.
(5) The Transmitter Proposal given to the SMA must have on it the licensee’s original signature or other means of execution.
(6) A licensee must give the documents and information referred to in subregulations (1) and (3) to the SMA:
(a) if the SMA tells the nominated applicant an address under paragraph 18 (1) (c)—at that address; or
(b) in any other case—at the address published under clause 4 of the MDS allocation Determination in relation to the licence for which the nominated applicant is the nominated applicant.
Information relating to a Transmitter Proposal given by a licensee
(1) The SMA may, in writing:
(a) ask a licensee to give the SMA information, identified in the request, in support of a Transmitter Proposal; and
(b) ask a licensee to give the SMA information, identified in the request, for the purpose of evaluating a Transmitter Proposal that the licensee has given to the SMA; and
(c) tell the licensee an address at which the information, and the Transmitter Proposal, must be given to the SMA.
(2) If the licensee wishes to comply with a request under paragraph (1) (b), the licensee must give the information to the SMA, in writing, no later than 14 days after the day on which the SMA asks the licensee to give the information.
(3) If:
(a) a licensee does not give the SMA information in accordance with subregulation (2); and
(b) the Transmitter Proposal to which the information relates is not, at the end of the time specified in that subregulation for compliance, an additional agreed Transmitter Proposal;
the Transmitter Proposal ceases to have effect, for the purposes of these Regulations, at the end of the time specified in that subregulation for compliance.
Replacement of a Transmitter Proposal given by a licensee
(1) Subject to subregulations (2) and (3), a licensee may only change information set out in the licensee’s Transmitter Proposal (in this regulation called “the original Proposal”) by giving the SMA another completed Transmitter Proposal.
(2) A licensee must not give the SMA a Transmitter Proposal under subregulation (1) if conciliation is required in relation to the relevant area and groups.
(3) A licensee may give the SMA a replacement Transmitter Proposal no later than 3 months after the day on which the SMA gave a copy of the original Proposal to the last licensee in accordance with regulation 21.
(4) If:
(a) a licensee gives the SMA a replacement Transmitter Proposal; and
(b) the only person who completed the relevant original Proposal was the licensee;
the original Proposal ceases to have effect, for the purposes of these Regulations, when the SMA is given the replacement Transmitter Proposal.
(5) If:
(a) a licensee gives the SMA a replacement Transmitter Proposal; and
(b) the relevant original Proposal was completed by more than 1 licensee;
the original Proposal has effect, for the purposes of these Regulations, only in relation to the licensees who did not give the SMA the replacement Transmitter Proposal.
Additional information relating to a replacement Transmitter Proposal given by a licensee
(1) If a licensee gives the SMA a replacement Transmitter Proposal, the SMA may ask the licensee, in writing, to give the SMA additional information, identified in the request, for the purpose of evaluating the replacement Transmitter Proposal.
(2) If a licensee wishes to comply with a request under subregulation (1), the licensee must give the information to the SMA, in writing, no later than 14 days after the day on which the SMA asks the licensee to give the information.
(3) If:
(a) a licensee does not give the SMA information in accordance with subregulation (2); and
(b) the Transmitter Proposal to which the information relates is not, at the end of the time specified in that subregulation for compliance, an additional agreed Transmitter Proposal;
the Transmitter Proposal ceases to have effect, for the purposes of these Regulations, at the end of the time specified in that subregulation for compliance.
Distribution of Transmitter Proposals and information given by a licensee
(1) If a licensee gives the SMA a Transmitter Proposal, or a replacement Transmitter Proposal, the SMA must, as soon as practicable, give a copy of the Proposal to each person (if any) who:
(a) is a licensee, on the day on which the SMA is given the Proposal, in relation to the relevant area and group; and
(b) did not complete the Proposal.
(2) If:
(a) a licensee gives the SMA a Transmitter Proposal, or a replacement Transmitter Proposal; and
(b) a person becomes a licensee, after the day on which the SMA is given the Proposal, in relation to the relevant group and area; and
(c) the person did not complete the Proposal;
the SMA must, as soon as practicable, give a copy of the Proposal to the person.
(3) If a licensee gives the SMA information under subregulation 17 (3), 18 (2) or 20 (2) in relation to a Transmitter Proposal, the SMA must, as soon as practicable, give a copy of the information to:
(a) each person (if any) who is a licensee in relation to:
(i) the area to which the Proposal relates; and
(ii) the group that includes the channel referred to in the Transmitter Proposal;
on the day on which the SMA is given the information; and
(b) each person who becomes a licensee in relation to that area and group after that day.
Licensee giving the SMA a Transmitter Proposal as the result of conciliation
If:
(a) conciliation is required in relation to the area and group to which a licence relates; and
(b) the conciliator is able to effect a settlement of the relevant matter for the purposes of paragraph 208 (b) of the Act;
a licensee may give the SMA a Transmitter Proposal containing arrangements that reflect the terms of the settlement.
Note: [NOTE: If the SMA is given a Transmitter Proposal under clause 22, the Transmitter Proposal becomes an additional agreed Transmitter Proposal for the relevant area and group: see subclause 25 (2).]
Written agreement with a Transmitter Proposal given by a licensee
(1) Subject to subregulations (2) and (3), if the SMA gives a licensee a Transmitter Proposal, or a replacement Transmitter Proposal, in accordance with regulation 21 (in this regulation called “the relevant Proposal”), the licensee may tell the SMA, in writing, that the licensee agrees with the relevant Proposal.
Note: [NOTE: If the licensee does not act under subregulation (1), regulation 24 may apply to the licensee. The effect of regulation 24 is that the licensee may be taken to agree with the relevant Proposal in certain circumstances.]
(2) A licensee must not tell the SMA that the licensee agrees with the relevant Proposal if conciliation is required in relation to the relevant area and group.
(3) A licensee must not tell the SMA that the licensee agrees with the relevant Proposal later than 3 months after the day on which the SMA gave the relevant Proposal to the licensee.
(4) For the purposes of subregulation (1):
(a) a licensee must identify clearly the relevant Proposal; and
(b) if a licensee is an individual—the licensee must sign the written agreement; and
(c) if a licensee is a company—the seal of the company must be duly affixed to the written agreement; and
(d) if a licensee is not an individual or a company—the licensee must duly execute the written agreement; and
(e) if a licensee consists of more than one person—each person must sign or otherwise duly execute the written agreement.
(5) The written agreement given to the SMA must have on it the licensee’s original signature or other means of execution.
(6) For the purposes of these Regulations, the agreement of a licensee ceases to have effect if the relevant Proposal ceases to have effect.
(7) If a licensee gives the SMA a written agreement with a Transmitter Proposal under subregulation (1), the SMA must, as soon as practicable, give a copy of the agreement to:
(a) each of the other licensees in relation to the relevant area and group; and
(b) each person who becomes a licensee in relation to the relevant area and group after that day.
Agreement with a Transmitter Proposal given by a licensee by passage of time
(1) Subject to subregulation (2), if:
(a) the SMA gives a licensee a copy of a Transmitter Proposal in accordance with regulation 21 (in this regulation called “the relevant Proposal”); and
(b) the licensee does not, before the approval day referred to in subregulation (3) or (4), tell the SMA under subregulation 23 (1) that the licensee agrees with the relevant Proposal; and
(c) the relevant Proposal does not cease to have effect before the approval day referred to in subregulation (3) or (4);
the licensee is taken to have agreed with the relevant Proposal on the approval day.
(2) A licensee is not taken to have agreed with the relevant Proposal if conciliation is required, before the approval day, in relation to the group and area to which the licence relates.
(3) If, at the end of a period of 3 months after the day on which the SMA gave the relevant Proposal to the licensee:
(a) the SMA has not asked the licensee who gave it the relevant Proposal to give the SMA further information about the relevant Proposal; or
(b) the SMA has received all further information that it requires about the relevant Proposal;
the approval day is the first day following the end of the period.
(4) If, at the end of a period of 3 months after the day on which the SMA gave the relevant Proposal to the licensee:
(a) the SMA has asked the licensee who gave it the relevant Proposal to give the SMA further information about the relevant Proposal; and
(b) the licensee who gave the SMA the relevant Proposal has not given the SMA all of the information;
the approval day is the day occurring 36 days after the end of the period.
(5) For the purposes of these Regulations, the agreement of a licensee ceases to have effect if the relevant Proposal ceases to have effect.
(6) If a licensee is taken to have agreed to a relevant Proposal, the SMA must, as soon as practicable after the approval day, tell, in writing, each other licensee in relation to the relevant area and group that the licensee is taken to have agreed to the relevant Proposal.
How does a Transmitter Proposal given by a licensee become an additional agreed Transmitter Proposal?
(1) If:
(a) a licensee gives the SMA a Transmitter Proposal, or a replacement Transmitter Proposal for a group and area; and
(b) under regulation 23 or 24, each of the licensees in relation to the group and area agrees, or is taken to have agreed, with the Proposal;
the Transmitter Proposal becomes an additional agreed Transmitter Proposal for the relevant area and group on the day on which the last of the licensees in relation to the group and area agrees with the Proposal.
(2) If a licensee gives the SMA a Transmitter Proposal under regulation 22, the Transmitter Proposal becomes an additional agreed Transmitter Proposal for the relevant area and group on the day on which it is given to the SMA.
PART 5—MISCELLANEOUS
Receipts
The SMA must give a nominated applicant, or a licensee, a receipt for a Transmitter Proposal, or information, that the nominated applicant or licensee gives to the SMA in accordance with these Regulations.
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NOTE
Note: 1. Notified in the Commonwealth of Australia Gazette on 5 April 1995.