Digital radio services

Review of instruments - overview23 March 2018

The ACCC is conducting a review to assess the continuing need for two digital broadcast radio facilities legislative instruments which are due to sunset on 1 October 2018.

Overview

The two instruments are:

  • Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2008 (F2008L01686)
  • Digital Radio Multiplex Transmitter Licences Procedural Rules 2008 (F2008L01687)

The objective of the Digital Radio Multiplex Transmitter Licences (Decision-Making Criteria) Determination 2008 (F2008L01686) 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. This instrument is used by the ACCC to assess access undertakings (including variations) submitted by the Joint Venture Companies (JVCs) who hold digital radio multiplex transmitter (DRMT) licences.

The objective of the Digital Radio Multiplex Transmitter Licences Procedural Rules 2008 (F2008L01687) is 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 1982 (The Act). The procedural rules include requirements that JVCs submit annual reports to the ACCC which detail compliance with the access undertakings and provision under the Act.

Assessment

Following this review, the ACCC will make an assessment about whether the instruments are still fit for purpose and whether there is a need for ongoing regulation. Depending on the results of this review, the next step in this process may involve the ACCC making new legislative instruments. At this stage, and subject to any submissions received, the ACCC does not anticipate that any new legislative instruments developed, if required, would differ significantly from the current instruments. Any new legislative instruments would need to be lodged on the Federal Register of Legislative Instruments. Once registered, the instruments are subject to disallowance by Parliament.

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