Common use of Where demand for Excess Multiplex Capacity exceeds supply Clause in Contracts

Where demand for Excess Multiplex Capacity exceeds supply. (a) If the level of demand for access to Excess Multiplex Capacity is greater than that which is available (as ascertained in accordance with clause 7.4), the Multiplex Licensee must conduct an auction process in accordance with the Auction Rules to determine the allocation of Excess Multiplex Capacity to Interested Parties, subject to clause 7.7. (b) Any Auction Rules that are developed by the Multiplex Licensee must: (i) use an open and transparent auction process to determine which Interested Parties are to have access to the relevant fractions of Excess Multiplex Capacity within a Designated BSA Radio Area; (ii) allocate Excess Multiplex Capacity using a market based allocation system; (iii) treat all bids and related information received from an Interested Party as a Confidential Information; and (iv) ensure that the auction is conducted within 60 days of the date of completion of consultation with Qualified Content Service Providers pursuant to clause 7.4. (c) Subject to clause 7.6(e), uUpon completion of the auction process in accordance with the Auction Rules, the Multiplex Licensee must notify all Interested Parties of the following: (i) whether the Interested Party was successful in the auction; (ii) where the Interested Party was successful in the auction: (A) the amount of any auction fees that are payable and the method of payment; and (B) the fraction of Excess Multiplex Capacity to which that Interested Party is entitled as an Excess-Capacity Access Entitlement. (d) Subject to clause 7.6(e), tThe Interested Parties that are successful in the auction must pay the Multiplex Licensee the applicable auction fee within 30 days of the completion of the auction process. For the avoidance of doubt, the payment of an auction fee by a successful Interested Party: (i) is for the purpose of securing an Excess-Capacity Access Entitlement; and (ii) does not constitute a payment of any applicable Standard Charges, or alleviate the obligation to pay the Standard Charges. (e) Where the Interested Party is a Digital Community Broadcaster: (i) any notification given by the Multiplex Licensee under clause 7.6(c) will be made to the Representative Company for communication to the Digital Community Broadcaster; and (ii) the payment of the applicable auction fee under clause 7.6(d) is to be made to the Multiplex Licensee by the Representative Company on behalf of the Digital Community Broadcaster. (f) (e) The Excess-Capacity Access Entitlement will commence on the date of the payment of the applicable auction fee. (g) (f) All funds that are received by the Multiplex Licensee from the auction process must in accordance with section 109C(2) of the Radiocommunications Act: (i) be set aside in a separate bank account with an ADI; (ii) only be used for the following purposes: (A) to promote digital radio broadcasting in Australia; (B) to pay for fees and charges associated with the maintenance and operation of the bank account referred to in clause 7.6(f)(i)7.6(f)(i)7.6(g)(i); and (C) to pay for any costs arising from, or in connection with, the auction process. (h) (g) An Interested Party that acquires an Excess-Capacity Access Entitlement following the completion of the auction process: (i) may only use the Excess-Capacity Access Entitlement for the purpose of providing Content Services; and (ii) may only transfer the Excess-Capacity Access Entitlement to another Qualified Content Service Provider.

Where demand for Excess Multiplex Capacity exceeds supply. (a) If the level of demand for access to Excess Multiplex Capacity is greater than that which is available (as ascertained in accordance with clause 7.4), the Multiplex Licensee must conduct an auction process in accordance with the Auction Rules to determine the allocation of Excess Multiplex Capacity to Interested Parties, subject to clause 7.7. (b) Any Auction Rules that are developed by the Multiplex Licensee must: (i) use an open and transparent auction process to determine which Interested Parties are to have access to the relevant fractions of Excess Multiplex Capacity within a Designated BSA Radio Area; (ii) allocate Excess Multiplex Capacity using a market based allocation system; (iii) treat all bids and related information received from an Interested Party as a Confidential Information; and (iv) ensure that the auction is conducted within 60 days of the date of completion of consultation with Qualified Content Service Providers pursuant to clause 7.4. (c) Subject to clause 7.6(e), uUpon Upon completion of the auction process in accordance with the Auction Rules, the Multiplex Licensee must notify all Interested Parties of the following: (i) whether the Interested Party was successful in the auction; (ii) where the Interested Party was successful in the auction: (A) the amount of any auction fees that are payable and the method of payment; and (B) the fraction of Excess Multiplex Capacity to which that Interested Party is entitled as an Excess-Capacity Access Entitlement. (d) Subject to clause 7.6(e), tThe The Interested Parties that are successful in the auction must pay the Multiplex Licensee the applicable auction fee within 30 days of the completion of the auction process. For the avoidance of doubt, the payment of an auction fee by a successful Interested Party: (i) is for the purpose of securing an Excess-Capacity Access Entitlement; and (ii) does not constitute a payment of any applicable Standard Charges, or alleviate the obligation to pay the Standard Charges. (e) Where the Interested Party is a Digital Community Broadcaster: (i) any notification given by the Multiplex Licensee under clause 7.6(c) will be made to the Representative Company for communication to the Digital Community Broadcaster; and (ii) the payment of the applicable auction fee under clause 7.6(d) is to be made to the Multiplex Licensee by the Representative Company on behalf of the Digital Community Broadcaster. (f) (e) The Excess-Capacity Access Entitlement will commence on the date of the payment of the applicable auction fee. (g) (f) All funds that are received by the Multiplex Licensee from the auction process must in accordance with section 109C(2) of the Radiocommunications Act: (i) be set aside in a separate bank account with an ADI; (ii) only be used for the following purposes: (A) to promote digital radio broadcasting in Australia; (B) to pay for fees and charges associated with the maintenance and operation of the bank account referred to in clause 7.6(f)(i)7.6(f)(i)7.6(g)(i7.6(f)(i); and (C) to pay for any costs arising from, or in connection with, the auction process. (h) (g) An Interested Party that acquires an Excess-Capacity Access Entitlement following the completion of the auction process: (i) may only use the Excess-Capacity Access Entitlement for the purpose of providing Content Services; and (ii) may only transfer the Excess-Capacity Access Entitlement to another Qualified Content Service Provider.

Where demand for Excess Multiplex Capacity exceeds supply. (a) If the level of demand for access to Excess Multiplex Capacity is greater than that which is available (as ascertained in accordance with clause 7.4), the Multiplex Licensee must conduct an auction process in accordance with the Auction Rules to determine the allocation of Excess Multiplex Capacity to Interested Parties, subject to clause 7.7. (b) Any Auction Rules that are developed by the Multiplex Licensee must: (i) use an open and transparent auction process to determine which Interested Parties are to have access to the relevant fractions of Excess Multiplex Capacity within a Designated BSA Radio Area; (ii) allocate Excess Multiplex Capacity using a market based allocation system; (iii) treat all bids and related information received from an Interested Party as a Confidential Information; and (iv) ensure that the auction is conducted within 60 days of the date of completion of consultation with Qualified Content Service Providers pursuant to clause 7.4. (c) Subject to clause 7.6(e), uUpon completion of the auction process in accordance with the Auction Rules, the Multiplex Licensee must notify all Interested Parties of the following: (i) whether the Interested Party was successful in the auction; (ii) where the Interested Party was successful in the auction: (A) the amount of any auction fees that are payable and the method of payment; and (B) the fraction of Excess Multiplex Capacity to which that Interested Party is entitled as an Excess-Capacity Access Entitlement. (d) Subject to clause 7.6(e), tThe Interested Parties that are successful in the auction must pay the Multiplex Licensee the applicable auction fee within 30 days of the completion of the auction process. For the avoidance of doubt, the payment of an auction fee by a successful Interested Party: (i) is for the purpose of securing an Excess-Capacity Access Entitlement; and (ii) does not constitute a payment of any applicable Standard Charges, or alleviate the obligation to pay the Standard Charges. (e) Where the Interested Party is a Digital Community Broadcaster: (i) any notification given by the Multiplex Licensee under clause 7.6(c) will be made to the Representative Company for communication to the Digital Community Broadcaster; and (ii) the payment of the applicable auction fee under clause 7.6(d) is to be made to the Multiplex Licensee by the Representative Company on behalf of the Digital Community Broadcaster. (f) (e) The Excess-Capacity Access Entitlement will commence on the date of the payment of the applicable auction fee. (g) (f) All funds that are received by the Multiplex Licensee from the auction process must in accordance with section 109C(2) of the Radiocommunications Act: (i) be set aside in a separate bank account with an ADI; (ii) only be used for the following purposes: (A) to promote digital radio broadcasting in Australia; (B) to pay for fees and charges associated with the maintenance and operation of the bank account referred to in clause 7.6(f)(i)7.6(f)(i)7.6(g)(i7.6(f)(i); and (C) to pay for any costs arising from, or in connection with, the auction process. (h) (g) An Interested Party that acquires an Excess-Capacity Access Entitlement following the completion of the auction process: (i) may only use the Excess-Capacity Access Entitlement for the purpose of providing Content Services; and (ii) may only transfer the Excess-Capacity Access Entitlement to another Qualified Content Service Provider.

Where demand for Excess Multiplex Capacity exceeds supply. (a) If the level of demand for access to Excess Multiplex Capacity is greater than that which is available (as ascertained in accordance with clause 7.4), the Multiplex Licensee must conduct an auction process in accordance with the Auction Rules to determine the allocation of Excess Multiplex Capacity to Interested Parties, subject to clause 7.7. (b) Any Auction Rules that are developed by the Multiplex Licensee must: (i) use an open and transparent auction process to determine which Interested Parties are to have access to the relevant fractions of Excess Multiplex Capacity within a Designated BSA Radio Area; (ii) allocate Excess Multiplex Capacity using a market based allocation system; (iii) treat all bids and related information received from an Interested Party as a Confidential Information; and (iv) ensure that the auction is conducted within 60 days of the date of completion of consultation with Qualified Content Service Providers pursuant to clause 7.4. (c) Subject to clause 7.6(e), uUpon upon completion of the auction process in accordance with the Auction Rules, the Multiplex Licensee must notify all Interested Parties of the following: (i) whether the Interested Party was successful in the auction; (ii) where the Interested Party was successful in the auction: (A) the amount of any auction fees that are payable and the method of payment; and (B) the fraction of Excess Multiplex Capacity to which that Interested Party is entitled as an Excess-Capacity Access Entitlement. (d) Subject to clause 7.6(e), tThe the Interested Parties that are successful in the auction must pay the Multiplex Licensee the applicable auction fee within 30 days of the completion of the auction process. For the avoidance of doubt, the payment of an auction fee by a successful Interested Party: (i) is for the purpose of securing an Excess-Capacity Access Entitlement; and (ii) does not constitute a payment of any applicable Standard Charges, or alleviate the obligation to pay the Standard Charges. (e) Where the Interested Party is a Digital Community Broadcaster: (i) any notification given by the Multiplex Licensee under clause 7.6(c) will be made to the Representative Company for communication to the Digital Community Broadcaster; and (ii) the payment of the applicable auction fee under clause 7.6(d) is to be made to the Multiplex Licensee by the Representative Company on behalf of the Digital Community Broadcaster. (f) (e) The Excess-Capacity Access Entitlement will commence on the date of the payment of the applicable auction fee. (g) (f) All funds that are received by the Multiplex Licensee from the auction process must in accordance with section 109C(2) of the Radiocommunications Act: (i) be set aside in a separate bank account with an ADI; (ii) only be used for the following purposes: (A) to promote digital radio broadcasting in Australia; (B) to pay for fees and charges associated with the maintenance and operation of the bank account referred to in clause 7.6(f)(i)7.6(f)(i)7.6(g)(i7.6(g)(i); and (C) to pay for any costs arising from, or in connection with, the auction process. (h) (g) An Interested Party that acquires an Excess-Capacity Access Entitlement following the completion of the auction process: (i) may only use the Excess-Capacity Access Entitlement for the purpose of providing Content Services; and (ii) may only transfer the Excess-Capacity Access Entitlement to another Qualified Content Service Provider.