Document ID: chunk:federal_register_of_legislation:C2006A00127:clause:1_9
Version: federal_register_of_legislation:C2006A00127
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 6392–8323

9  After subsection 102(2A)
Insert:

 (2B) Despite subsection (1), the ACMA is not required to issue a new transmitter licence for a commercial television broadcasting service if:
 (a) the service is provided under a licence that was allocated under subsection 38B(6), (7), (8) or (9) of the Broadcasting Services Act 1992; and
 (b) a multi‑channelling election is in force for the relevant remote area service.

 (2C) The operation of a transmitter or transmitters for transmitting the commercial television broadcasting service under that commercial television broadcasting licence is, if a multi‑channelling election is in force for the relevant remote area service, taken to be authorised by the transmitter licence held by the company that made the election for the relevant licence area.

 (2D) If the ACMA approves the revocation of the multi‑channelling election, the ACMA must issue a new transmitter licence to the licensee that revoked the election authorising the operation of a transmitter or transmitters for transmitting the commercial television broadcasting service provided under the licence for which that election was made.

 (2E) The new licence comes into force on the day from which the revocation takes effect.

 (2F) A transmitter licence issued under subsection (1) to a joint‑venture company that is allocated a commercial television broadcasting licence under subsection 38B(5) of the Broadcasting Services Act 1992 is, if a multi‑channelling election is in force for the relevant remote area service, taken to authorise the operation of the transmitter or transmitters concerned for transmitting:
 (a) the commercial television broadcasting service provided under that commercial television broadcasting licence; and
 (b) the commercial television broadcasting services provided by either or both of the 2 existing licensees referred to in subsection 38B(1) of that Act for the relevant licence area.