Document ID: chunk:federal_register_of_legislation:F2010L01990:body:0:p2
Version: federal_register_of_legislation:F2010L01990
Segment Type: other
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Character Range: 2841–5869

domestic reception equipment that is neither hand‑held nor battery operated.

    4       Direction – ACMA to manage radiofrequency spectrum in accordance with Commonwealth communications policy objectives

    (1) I direct the ACMA under section 14 of the ACMA Act when performing its spectrum management functions to act in accordance with the following Commonwealth communications policy objectives (the digital dividend policy objectives):

         (a)    that the part of the broadcasting services bands comprising the frequencies 694 to 820 megahertz inclusive (the digital dividend spectrum) is to be cleared, over time, of broadcasting services and datacasting services;

         (b)    that the clearance of the digital dividend spectrum be completed as soon as possible after the final digital television switch-over day.

    5 Direction – ACMA to consider whether to vary a FAP

     I direct ACMA under subsection 25(3), and clauses 15 and 29 of Schedule 4 to the BSA to consider, in relation to the digital dividend policy objectives, whether to exercise its powers to vary:
         (a)    a FAP under subsection 25(2) of the BSA; or
         (b)    the commercial television conversion scheme or the national television conversion scheme in a manner that varies a FAP under subclauses 16(1) and 30(1) of Schedule 4 to the BSA;
   so that, over time:
         (c)    in each metropolitan licence area, the number of channels to be made available for the provision of television broadcasting services in digital mode not exceed six at a particular area (located between 174 megahertz and 230 megahertz inclusive);
         (d)    in each metropolitan licence area, 14 megahertz (located between 174 megahertz and 230 megahertz inclusive) should not be made available for television broadcasting services, to allow for the provision of digital radio broadcasting services.

    6       Direction – ACMA to consider whether to vary a LAP

    (1) I direct the ACMA under section 14 of the ACMA Act to consider whether to exercise its powers under subsection 26(2) of the BSA to vary each LAP to the extent that it deals with:
           (a)    commercial television broadcasting services;
           (b)    national television broadcasting services;
           (c)    digital radio broadcasting services (as the case requires);
           (d)    other television broadcasting services (as the case requires).

   (2) Pursuant to subclause (1), I direct the ACMA to have regard to the digital dividend policy objectives when considering whether (and, if so, how) to vary each LAP.

Licence area planning for metropolitan licence areas

   (3)    Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a metropolitan licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that, where practicable, it is desirable for all television broadcasting services transmitted