Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_7c:p1
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 7C (pt 1/3)
Character Range: 91171–94348

7C  Conditions about the provision of non‑core/primary commercial television broadcasting services

HDTV multi‑channelled commercial television broadcasting services

 (1) A licence allocated under section 38C is subject to the condition that, if:
 (a) the licensee of a terrestrial licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (b) the licensee of a terrestrial licence for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
 (c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service.

 (2) A licence allocated under section 38C is subject to the condition that, if:
 (a) the licensee of a terrestrial licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (b) there is no HDTV 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 HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the metropolitan service.

 (3) Subclauses (1) and (2) do not require a licensee to provide a service before the start date for the licence area.

Note: For start date, see clause 7H.

 (4) Subclause (2) does not apply to a HDTV 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.

 (5) If:
 (a) the licensee of a commercial television broadcasting licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
 (b) the licensee of a terrestrial licence for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
 (c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and
 (d) in compliance with subclause (1), the 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