Allocation of Standard Access Entitlement to Digital Community Clause Samples

Allocation of Standard Access Entitlement to Digital Community. Broadcasters (a) This clause 6.4 only applies to Digital Community Broadcasters who are or may be nominated by a Representative Company for a Designated BSA Radio Area. (b) The Multiplex Licensee must, in relation to a Digital Radio Multiplex Transmitter Licence, reserve two-ninths of the Multiplex Capacity for Digital Community Broadcasters who are nominated by the Representative Company. (c) The Multiplex Licensee must allocate Multiplex Capacity (and revoke the allocation of Multiplex Capacity) to Digital Community Broadcasters nominated by the Representative Company based on the fractions that are notified to the Multiplex Licensee by the Representative Company to be made available to each Digital Community Broadcaster, subject to the total allocation not exceeding two-ninths of the total Multiplex Capacity for a Digital Radio Multiplex Transmitter Licence. (d) Subject to clause 6.4(e), a Digital Community Broadcaster nominated by the Representative Company: (i) may only use the Standard Access Entitlement for the purpose of providing Digital Community Radio Broadcasting Services; and (ii) may not transfer a Standard Access Entitlement to another entity. (e) Nothing prevents a Representative Company or a Digital Community Broadcaster from granting a third party the right to: (i) provide outsourced transmission services on behalf of a Digital Community Broadcaster in the Designated BSA Radio Area; or (ii) manage the digital spectrum on behalf of a Digital Community Broadcaster in the Designated BSA Radio Area. (f) The granting of rights to a third party in accordance with clause 6.4(e) does not constitute a transfer of a Standard Access Entitlement to another entity for the purposes of clause 6.4(d)(ii). (g) The Digital Community Broadcaster acknowledges that: (i) the Representative Company is responsible for determining the allocation of Multiplex Capacity made available to each Digital Community Broadcaster (Digital Community Broadcaster Allocations); (ii) Digital Community Broadcaster Allocations are determined in accordance with criteria set out in section 118NR of the Radiocommunications Act; and (iii) the Multiplex Licensee is not responsible (and bears no liability) for Digital Community Broadcaster Allocations that are notified by the Representative Company and implemented by the Multiplex Licensee.
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