Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_7e
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 7E
Character Range: 903964–905544

7E  Exemption—provision of new commercial television broadcasting services not technically feasible
  If:
 (a) a licence is allocated under section 38C; and
 (b) a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area commences to provide, or proposes to commence to provide:
 (i) a HDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or
 (ii) a SDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and
 (c) apart from this clause, the licensee of the section 38C licence is, or will be, required to provide:
 (i) if subparagraph (b)(i) applies—a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or
 (ii) if subparagraph (b)(ii) applies—a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; and
 (d) the ACMA considers that it is not technically feasible for the licensee of the section 38C licence to provide the required service;
the ACMA may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service.
Note: For terrestrial licence area, see clause 7L.