Document ID: chunk:federal_register_of_legislation:C2011A00036:clause:2_40
Version: federal_register_of_legislation:C2011A00036
Segment Type: clause
Provision Reference: sch 2 cl 40
Character Range: 59089–59906

40  After subclause 7(4A) of Schedule 2
Insert:
 (4B) For the purposes of paragraphs (1)(k) and (m), ignore the broadcast of a commercial television broadcasting service in analog mode in a digital‑only local market area if:
 (a) the broadcast of the service in the digital‑only local market area occurs accidentally; or
 (b) the broadcast of the service in the digital‑only local market area occurs as a necessary result of the provision of commercial television broadcasting services outside the digital‑only local market area.
 (4C) Paragraphs (1)(ma), (mb) and (mc) do not apply to a commercial television broadcasting service provided by a licensee to the extent to which the service is provided in an area that, under clause 9A of Schedule 4, is an exempt digital transmission area in relation to the licence.