Document ID: chunk:federal_register_of_legislation:C2006A00127:clause:1_7:p1
Version: federal_register_of_legislation:C2006A00127
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 2634–5409

7  After subclause 6(7A) of Schedule 4
Insert:

Special rules for section 38B licences in remote licence areas

 (7B) Special rules apply to an exempt remote area service for a remote licence area for which an exempt licence has been allocated if written notice is given to the ACMA electing that this subclause applies by:
 (a) the 2 existing licensees for that licence area (where the exempt licence is allocated to a joint‑venture company under subsection 38B(5)); or
 (b) the licensee to whom the exempt licence is allocated (where the exempt licence is allocated under subsection 38B(6), (7), (8) or (9)).
The notice must be given at or about the time when the exempt licence was allocated.

 (7C) The election remains in force for a company until:
 (a) it is revoked, by written notice given to the ACMA, by:
 (i) a company that made the election; or
 (ii) if the election was made in relation to an exempt licence allocated under subsection 38B(5) and a parent licence has been transferred—by the licensee of the parent licence; or
 (iii) if the election was made in relation to an exempt licence allocated under subsection 38B(6), (7), (8) or (9) and the exempt licence has been transferred—by the licensee of the exempt licence; and
 (b) the ACMA approves the revocation in writing.

 (7D) If the ACMA is satisfied that there is sufficient radiofrequency spectrum available, the ACMA must, by notice in writing:
 (a) approve the revocation; and
 (b) specify a day from which the revocation takes effect; and
 (c) vary the relevant digital channel plan under the commercial television conversion scheme to allot a channel to the licensee applying for the revocation.

 (7E) The ACMA may, before the day specified under paragraph (7D)(b), by notice in writing, vary the day from which the revocation takes effect.

 (7F) An exempt remote area service for a remote licence area is:
 (a) each of these:
 (i) a commercial television broadcasting service provided by a joint‑venture company under an exempt licence that was allocated to the company under subsection 38B(5) for that licence area; and
 (ii) the commercial television broadcasting services provided under the parent licences for that licence area; or
 (b) each of these:
 (i) a commercial television broadcasting service provided by a licensee under an exempt licence that was allocated to the licensee under subsection 38B(6), (7), (8) or (9) for that licence area; and
 (ii) the other commercial television broadcasting service provided by that licensee for that licence area; or
 (c) a commercial television broadcasting service provided by a licensee under an exempt licence for that licence area that is transferred to the licensee; or
 (d) a commercial television broadcasting service provided under a