Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_92q:p1
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 92Q (pt 1/2)
Character Range: 76562–79429

92Q  After paragraph 109A(1)(i)
Insert:
 (ia) if the licence is a channel A datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service unless:
 (i) the service is provided under, and in accordance with the conditions of, a BSA datacasting licence, and the service is capable of being received by a domestic digital television receiver; or
 (ii) the service is an open narrowcasting television service that is capable of being received by a domestic digital television receiver; or
 (iii) the service is a community television broadcasting service that is capable of being received by a domestic digital television receiver;
 (ib) if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if the datacasting service is:
 (i) a commercial broadcasting service; or
 (ii) a subscription television broadcasting service that is capable of being received by a domestic digital television receiver;
 (ic) if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if the licensee or the person so authorised is:
 (i) a company that holds a commercial television broadcasting licence; or
 (ii) a person who is in a position to exercise control of a commercial television broadcasting licence; or
 (iii) a company, where a person is in a position to exercise control of the company and a commercial television broadcasting licence; or
 (iv) a national broadcaster; or
 (v) a company, where a national broadcaster is in a position to exercise control of the company;
  and the datacasting service is capable of being received by a domestic digital television receiver;
 (id) if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service provided under a BSA datacasting licence if the holder of the BSA datacasting licence is:
 (i) a company that holds a commercial television broadcasting licence; or
 (ii) a person who is in a position to exercise control of a commercial television broadcasting licence; or
 (iii) a company, where a person is in a position to exercise control of the company and a commercial television broadcasting licence; or
 (iv) a national broadcaster; or
 (v) a company, where a national broadcaster is in a position to exercise control of the company;
  and the datacasting service is capable of being received