26Condition — using narrowband area service station to provide commercial broadcasting service in the frequency band 1606.5 kHz to 1705 kHz where original licence expired

26 Condition – using narrowband area service station to provide commercial broadcasting service in the frequency band 1606.5 kHz to 1705 kHz where original licence expired

Application (1) This section applies to a broadcasting licence (narrowband area service) (the new licence) held by a person if all of the following circumstances exist: (a) the person operated a narrowband area service station in the frequency band 1606.5 kHz to 1705 kHz to provide a commercial broadcasting service in accordance with: (i) section 25; or (ii) a former section; (b) the broadcasting licence (narrowband area service) to which section 25 or the former section applied (the former licence) expired; (c) the person did not apply for the renewal of the former licence; (d) after the former licence expired, the new licence was issued to the person by the ACMA: (i) under section 100 of the Act; or (ii) under section 130 of the Act by way of renewal of a licence referred to in subparagraph (i). Licence not to be used to provide a commercial broadcasting service except in specific case (2) The person must not operate a narrowband area service station under the new licence to provide a commercial broadcasting service unless: (a) the new licence specifies, in a condition, a frequency in the frequency band 1606.5 kHz to 1705 kHz that the transmitter must only be operated on; (b) provision of the commercial broadcasting service is authorised by a commercial licence that was allocated before 6 November 2002; (c) the location of the station is either: (i) within 10 kilometres of the location of the station operated under the former licence on 6 November 2002 (the old location); or (ii) at a location determined by the ACMA in accordance with subsection (3). (d) the person notified the ACMA of the person’s intention to provide a commercial broadcasting service in writing at least 14 days before first operating the station to provide the service (whether or not that operation first occurred, and that notice, was first given, before the commencement of this instrument).

Note 1: If the ACMA determines a location in accordance with subsection (3), 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: For the origin of this condition see the Australian Communications and Media Authority (MF NAS Transmitter Licences) Direction No. 1 of 2009, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

ACMA may determine new location (3) For the purposes of subparagraph (2)(c)(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 old location; and (b) transmissions from the new location would not significantly interfere with any existing radiocommunications.