Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_7c:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 7C (pt 1/3)
Character Range: 895711–898948

7C  Conditions about the provision of non‑primary commercial television broadcasting services

HDTV multi‑channelled commercial television broadcasting services
 (1) A licence allocated under section 38C is subject to the condition that, if:
 (a) the licensee of a terrestrial licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and
 (b) the licensee of a terrestrial licence for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
 (c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service.
 (2) A licence allocated under section 38C is subject to the condition that, if:
 (a) the licensee of a terrestrial licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and
 (b) there is no HDTV multi‑channelled commercial television broadcasting service that:
 (i) is provided by the licensee of a terrestrial licence for a related terrestrial licence area; and
 (ii) has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the metropolitan service.
 (4) Subclause (2) does not apply to a HDTV multi‑channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after 10 December 2013.
 (5) If:
 (a) the licensee of a commercial television broadcasting licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and
 (b) the licensee of a terrestrial licence for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
 (c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and
 (d) in compliance with subclause (1), the licensee of a licence allocated under section 38C provides a HDTV multi‑channelled commercial television