Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_43ab
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 43AB
Character Range: 40600–42934

43AB  Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees

Programs to be provided by metropolitan licensees

 (1) A commercial television broadcasting licence for a metropolitan licence area is subject to the condition that, if:
 (a) the licensee (the metropolitan licensee) broadcasts a program in a metropolitan licence area on either of the following services (a metropolitan service):
 (i) a HDTV multi‑channelled commercial television broadcasting service;
 (ii) a SDTV multi‑channelled commercial television broadcasting service; and
 (b) before the program is broadcast, a section 38C licensee requests the metropolitan licensee to provide the section 38C licensee with the programs broadcast on the metropolitan service;
the metropolitan licensee must:
 (c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and
 (d) do so:
 (i) simultaneously with the broadcast of that program on the metropolitan service; or
 (ii) as soon as practicable after the broadcast of that program on the metropolitan service.

HDTV digital mode or SDTV digital mode

 (2) A program must be provided under subsection (1) by transmitting it:
 (a) if subparagraph (1)(a)(i) applies—in HDTV digital mode (within the meaning of Schedule 4); or
 (b) if subparagraph (1)(a)(ii) applies—in SDTV digital mode (within the meaning of Schedule 4).

SDTV multi‑channelled commercial television broadcasting service

 (3) For the purposes of subsection (1), assume that paragraph 5A(1)(d) of Schedule 4 had not been enacted.

Definitions

 (4) In this section:

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

metropolitan licence area means a licence area in which is situated the General Post Office of the capital city of:
 (a) New South Wales; or
 (b) Victoria; or
 (c) Queensland; or
 (d) Western Australia; or
 (e) South Australia;
but does not include the licence area of a commercial television broadcasting licence allocated under section 38C.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

section 38C licensee means the licensee of a commercial television broadcasting licence allocated under section 38C.