Digital radio services

On 23 May 2018, the ACCC made two new digital broadcast radio facilities legislative instruments. These are the Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2018 and Digital Radio Multiplex Transmitter Licences Procedural Rules 2018.

The Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2018 is designed 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 it in relation to a digital radio multiplex transmitter licence.

The Digital Radio Multiplex Transmitter Licences Procedural Rules 2018 are designed to promote the expeditious and efficient exercise of the ACCC’s functions and powers under Division 4B of Part 3.3 of the Radiocommunications Act 1992.

The two new instruments repeal the Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2008 and Digital Radio Multiplex Transmitter Licences Procedural Rules 2008. The ACCC conducted a review prior to making the new instruments and after consultation with industry, has assessed these instruments as operating effectively and efficiently. Therefore only minor amendments were made to the new instruments.

The new instruments are subject to disallowance by Parliament until 22 August 2018 and are due to sunset on 1 October 2028.