134. F189[(1) Where the Commission invites applications for a sound broadcasting multiplex contract under section 136, it may—

(a) identify as “relevant incumbents” sound broadcasting contractors who, under sound broadcasting contracts have the right and duty to establish, maintain and operate sound broadcasting transmitters in part or all of the coverage area (specified under section 136(3)) to which the contract relates, and

(b) offer to any relevant incumbents it considers appropriate an amendment to its relevant sound broadcasting contract (“a simulcasting amendment”) for the purpose of ensuring simulcasts of sound broadcasting contract services on sound broadcasting multiplexes.

(2) In identifying relevant incumbents the Commission may use whatever procedures it considers necessary, including consultation with the Communications Regulator.

(3) A relevant incumbent shall have 60 days in which to accept in full or reject in full the offer of a simulcasting amendment.]

(4) F190[…]

(5) F190[…]

(6) F190[…]

(7) A simulcasting amendment may contain such terms and conditions as the Authority thinks appropriate and shall contain the following terms and conditions:

(a) an increase in the period during which the existing sound broadcasting contract shall continue in force,

(b) a designation of the sound broadcasting contractor’s sound broadcasting service as a “listed simulcast service” for the purpose of this Part,

(c) a requirement on the sound broadcasting contractor to provide its sound broadcasting service so that it may be provided as part of a digital sound broadcasting multiplex under this Part, and

(d) a requirement to enter into any such subsequent agreements with sound broadcasting multiplex contractors which the Authority may specify, including agreements in relation to the payment of appropriate fees in relation to the costs of establishing, maintaining and operating a multiplex to the sound broadcasting multiplex contractor or contractors.

(8) The increase in the period during which an existing sound broadcasting contract continues in force under subsection (7)(a) shall be not more than 6 years.

(9) Where a relevant incumbent fails to meet its obligations under subsection (7) (c) or (d), the simulcasting amendment to its sound broadcasting contract will be considered to be null and void.