20Conditions — additional operating requirements for narrowcasting service station used to provide low power open narrowcasting service between 87.5 MHz and 88.0 MHz

20 Conditions – additional operating requirements for narrowcasting service station used to provide low power open narrowcasting service between 87.5 MHz and 88.0 MHz

Application (1) This section only applies to a broadcasting licence (narrowcasting service) that authorises the operation of a narrowcasting service station to provide a low power open narrowcasting service on a frequency between 87.5 MHz to 88.0 MHz (inclusive). 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 a low power open narrowcasting service using the 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.

Note: See clauses 6 and 9 of the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(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.

Note: See subclause 8(1) of the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(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.

Note: See subclause 8(2) of the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au. Subclause 8(3) provides that this list of matters that are not valid reasons for a delay “is not exhaustive and there may be other reasons that do not constitute valid reasons for a delay”.

Open narrowcasting service must be continued (5) Subject to subsection (2), the licensee must continue to provide the low power open narrowcasting service with reasonable regularity for the duration of the licence.