14Conditions — operating requirements for narrowcasting service station

14 Conditions – operating requirements for narrowcasting service station

Provision of open narrowcasting service (1) A person must not operate a narrowcasting service station otherwise than to provide an open narrowcasting service. Open narrowcasting service must be commenced (2) Subject to subsection (3), if the licence is issued otherwise than upon renewal under section 130 of the Act, the licensee must commence the provision of an open narrowcasting service using a narrowcasting service station within the 6-month period beginning on the day the licence was issued, unless the licensee has a reasonable excuse for not doing so. (3) The ACMA may extend the 6-month period referred to in subsection (2) if, in the ACMA’s opinion, there is a valid reason for a delay by a person in complying with that subsection. (4) For the purposes of subsection (3), valid reason for a delay does not include: (a) that the licence was obtained within the 6-month period within which to comply with the condition, pursuant to a transfer from a relative or associate of the licensee; or (b) financial reasons; or (c) that the licence is subject to an arrangement contingent on the disposal of another licence held by the licensee. Use of ‘start up procedures’ (5) Subject to subsection (8), a person must not operate a narrowcasting service station except where subsection (6) is satisfied. (6) This subsection is satisfied if, before a person first operated the narrowcasting service station, the person complied with the start up procedures in Part 2 of the Technical Planning Guidelines. (7) For the purposes of a person complying with subsection (6), in Part 2 of the Technical Planning Guidelines, licensee is taken to mean a person authorised to operate a narrowcasting service station under a broadcasting licence (narrowcasting service). (8) The condition in subsection (5) does not apply to a person who operates a narrowcasting service station if: (a) at any time before the commencement of this instrument, a person operated the station to provide an open narrowcasting service; and (b) before that person first operated the station, that person had complied with procedures identified as start up procedures in the Technical Planning Guidelines, as in force at the time the person first operated the station.