Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2008
Radiocommunications Act 1992
The AUSTRALIAN COMPETITION AND CONSUMER COMMISSION makes this Determination under section 118NJ of the Radiocommunications Act 1992.
Dated 21 May 2008
Graeme Samuel
Chairman
Australian Competition and Consumer Commission
This Determination is the Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2008.
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
The object of this Determination is to promote transparency in decision-making by setting out the criteria that the ACCC must apply in deciding whether to accept an access undertaking or a variation of an access undertaking given to the ACCC in relation to a digital radio multiplex transmitter licence.
In this Determination, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
access undertaking means an undertaking under section 118ND of the Act.
Act means the Radiocommunications Act 1992.
category 1 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.
category 2 digital radio multiplex transmitter licence has the meaning given by section 5 of the Act.
digital radio multiplex transmitter licence means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence.
licensee means a holder of a digital radio multiplex transmitter licence or any person authorised by the holder of the licence to operate multiplex transmitters under the licence.
multiplex capacity has the meaning given by section 118NB of the Act.
variation of an access undertaking means a variation of an access undertaking under section 118NH of the Act.
5 Acceptance of access undertakings
(1) In deciding whether to accept an access undertaking, the ACCC must have regard to the following matters:
(a) whether the access undertaking complies with Division 4B of Part 3.3 of the Act;
(b) whether the access undertaking unduly restricts competition in related markets;
(c) whether the terms and conditions of access specified in the access undertaking are reasonable;
(d) whether the terms and conditions of access specified in the access undertaking include access prices or pricing methodologies which are fair and reasonable;
(e) whether the access undertaking includes an obligation on the licensee to not hinder access to services;
(f) whether the terms and conditions of access specified in the access undertaking provide for a reasonable dispute resolution mechanism.
(2) Subsection (1) does not, by implication, limit the matters to which regard may be had.
6 Acceptance of variations of access undertakings
(1) For the purposes of this section, in deciding whether to accept a variation of an access undertaking, the ACCC must have regard to the matters in subsection 5(1) of this Determination.
(2) Subsection (1) does not, by implication, limit the matters to which regard may be had.
Note: Section 118NH of the Act permits a licensee to give the ACCC a variation of an access undertaking and also requires such a licensee to give the ACCC a variation of an access undertaking where the ACCC requires it to do so.
