Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_7c:p2
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 7C (pt 2/3)
Character Range: 94071–97273

licensee of a licence allocated under section 38C provides a HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service; and
 (e) the related terrestrial service ceases to be provided by the terrestrial licensee in the related terrestrial licence area;
subclause (2) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues.

SDTV multi‑channelled commercial television broadcasting services

 (6) A licence allocated under section 38C is subject to the condition that, if:
 (a) the licensee (the metropolitan licensee) of a commercial television broadcasting licence for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (b) the metropolitan service is not the core/primary commercial television broadcasting service provided by the metropolitan licensee; and
 (c) the licensee of a terrestrial licence for a related terrestrial licence area provides a SDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
 (d) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a SDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service.

 (7) A licence allocated under section 38C is subject to the condition that, if:
 (a) the licensee (the metropolitan licensee) of a commercial television broadcasting licence for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (b) the metropolitan service is not the core/primary commercial television broadcasting service provided by the metropolitan licensee; and
 (c) there is no SDTV 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 SDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the metropolitan service.

 (8) Subclauses (6) and (7) do not require a licensee to provide a service before the start date for the licence area.

Note: For start date, see clause 7H.

 (9) Subclause (7) does not apply to a SDTV multi‑channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after the end of the simulcast period for the metropolitan licence area.

 (10) If:
 (a) the licensee (the metropolitan licensee) of a commercial television broadcasting licence for a metropolitan licence area provides a SDTV multi‑channelled commercial television