25Condition — using narrowband area service station to provide commercial broadcasting service in the frequency band 1606.5 kHz to 1705 kHz

25 Condition – using narrowband area service station to provide commercial broadcasting service in the frequency band 1606.5 kHz to 1705 kHz

Licence not to be used to provide a commercial broadcasting service except in specific case (1) Except where section 26 applies to a broadcasting licence (narrowband area service), a person must not operate a narrowband area service station in the frequency band 1606.5 kHz to 1705 kHz to provide a commercial broadcasting service unless all of the following apply: (a) the broadcasting licence (narrowband area service) (the relevant transmitter licence) that authorises the operation of the station was issued: (i) under section 100 of the Act before 6 November 2002; or (ii) under section 130 of the Act on or after 6 November 2002 by way of renewal of a licence referred to in subparagraph (i); (b) a commercial broadcasting service is provided, under a commercial licence allocated before 6 November 2002; (c) a commercial broadcasting service was first provided under that commercial licence before 29 August 2004; (d) the location of the station is either: (i) within 10 kilometres of its location on 6 November 2002 (the old location); or (ii) at a location determined by the ACMA in accordance with subsection (2).

Note: For the origin of this condition, see the Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

ACMA may determine new location (2) For the purposes of subparagraph (1)(d)(ii), the ACMA may determine a location (the new location) for a narrowband area service station if the ACMA is satisfied that: (a) transmissions from the new location would provide a service to substantially the same intended audience as the audience that was intended to be covered from the previous location of the station; and (b) transmissions from the new location would not significantly interfere with any existing radiocommunications.

Note 1: If the ACMA determines a location in accordance with subsection (2), a person may still not be able to operate a radiocommunications transmitter under the relevant broadcasting licence unless the ACMA also varies any condition about the location of the transmitter in the relevant broadcasting licence under section 111 of the Act.

Note 2: See subsection 110A(5) of the Act.

Definitions

(3) In this section:

commercial licence means a commercial radio broadcasting licence allocated under section 40 of the Broadcasting Services Act 1992.