Commonwealth Numbered Regulations

1995 No. 74 RADIOCOMMUNICATIONS (MULTIPOINT DISTRIBUTION STATION LICENCES - REGIONAL LICENCES) GUIDELINES No. 1 of 1995 - REG 20

20. Subject to the Act, where:

   (a)  conciliation is required in relation to a group and area within the
        meaning of the Coordination Regulations; and

   (b)  a matter has been referred to a conciliator under Division 2 of Part
        4.3 of the Act and

   (c)  the conciliator:

        (i)    decided not to inquire into, or not to continue to inquire
               into, conduct to which the matter relates; or

        (ii)   cannot effect a settlement of the matter; then:

   (d)  in exercising its power under section 107 of the Act to impose a
        condition on an MDS licence; or

   (e)  its power under section 111 of the Act to impose a further condition
        on, or to vary a condition of an MDS licence; the SMA may have regard
        to the following:

   (f)  the recommendation of the conciliator in relation to the matter, if
        any; and

   (g)  any transmitter proposals that have been sent to the SMA in respect of
        licences in the group and area to which the matter relates; and

   (h)  the bid prices paid by each nominated applicant for licences in the
        group and area to which the matter relates; and

   (i)  the number of licences held by each nominated applicant for licences
        in the group and area to which the matter relates; and

   (j)  the extent to which, in the opinion of the SMA, the interests of each
        nominated applicant for licences in the group and area to which the
        matter relates are likely to be substantially adversely affected by
        the imposition or variation of licence conditions; and

   (k)  the terms and conditions upon which each nominated applicant for
        licences in the group and area to which the matter relates would be
        able to obtain access to transmitter sites; and must have regard to
        any other relevant factor.