Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:1_45a:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 1 cl 45A (pt 1/2)
Character Range: 90786–93554

45A  Access to designated associated facilities

 (1) This clause applies to a designated associated facility if the facility is situated on, at, in or under:
 (a) a broadcasting transmission tower; or
 (b) the site on which a broadcasting transmission tower is situated.

Television broadcasting services in digital mode

 (2) The owner or operator of the designated associated facility must, if requested to do so by the holder of a commercial television broadcasting licence (the access seeker), or a national broadcaster (also called the access seeker), give the access seeker access to the facility.

 (3) The owner or operator of the designated associated facility is not required to comply with subclause (2) unless:
 (a) the access is provided for the sole purpose of enabling the access seeker to use the facility, or a service provided by means of the facility, wholly or principally in connection with the transmission of the access seeker's television broadcasting service in digital mode; and
 (b) the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.

Datacasting services in digital mode

 (4) The owner or operator of the designated associated facility must, if requested to do so by a datacaster (the access seeker), give the access seeker access to the facility.

 (5) The owner or operator of the designated associated facility is not required to comply with subclause (4) unless:
 (a) the access is provided for the sole purpose of enabling the access seeker to use the facility, or a service provided by means of the facility, wholly or principally in connection with the provision of datacasting services in digital mode; and
 (b) the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.

Compliance not technically feasible

 (6) The owner or operator of a designated associated facility is not required to comply with subclause (2) or (4) if there is in force a written certificate issued by the ABA stating that, in the ABA's opinion, compliance with subclause (2) or (4), as the case may be, in relation to that facility is not technically feasible.

 (7) In determining whether compliance with subclause (2) or (4) in relation to a facility is technically feasible, the ABA must have regard to:
 (a) whether compliance is likely to result in significant difficulties of a technical or engineering nature; and
 (b) whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, a facility situated on the site; and
 (c) if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but