Digital radio multiplex transmitter (DRMT) licensees are required to comply with access obligations in relation to multiplex capacity. These access obligations are intended to facilitate the provision of access to multiplex capacity by content service providers.
Digital radio multiplex transmitter licensees must, within 3 months after the issue of a licence from the ACMA, give the Australian Competition and Consumer Commission (ACCC) a written undertaking that the first holder of the licence; any person authorised by them to operate the multiplex transmitter; any future holder of the licence or any person authorised by a future holder of the licence to operate a multiplex transmitter will comply with such terms and conditions set out within the undertaking in relation to:
- the standard access obligations (if any) that are, or may become, applicable to the licence (on a foundation category 1 or category 2 DRMT); and
- the excess-capacity access obligations (if any) that are, or may become, applicable to the licence (on a foundation category 1 or category 2 DRMT); and
- the distributed-capacity access obligations (if any) that are, or may become, applicable to the licence (on a non-foundation category 1 or category 2 DRMT).
After consideration of written undertakings lodged by DRMT licensees the ACCC will determine whether to accept or reject the undertaking. Where an undertaking is rejected the ACCC may determine that an undertaking in terms specified by determination forms the access undertaking in relation to a licence. Access undertakings in relation to a licence remain in force for the duration of the licence but the ACCC can request that they be varied after 1 January 2015 and five years after that.
On 23 April 2009 the ACCC determined the access undertakings in relation to eight foundation category 1 DRMT licences in five metropolitan licence areas.
