Document ID: chunk:federal_register_of_legislation:F2024C00515:front:0:p6
Version: federal_register_of_legislation:F2024C00515
Segment Type: other
Provision Reference: 
Character Range: 12885–15706

specified for the table that is applicable to that channel occurs.
      (9)   The ACMA may determine additional events or circumstances which must occur before the channel may be used.
         Note  Even if no applicable event or circumstance is specified for the table, the ACMA may still determine additional events or circumstances that must be met before the channel may be used by making a determination under this subsection.
7 Allotment of channels to providers of other television broadcasting services – Schedule 3
  Allotment of channels to providers of other television broadcasting services
      (1)   Each channel specified in column 1 of an item in a table in Schedule 3 is allotted to the person specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3.
      (2)   If no date is specified in column 2 for an item in a table in Schedule 3, the channel specified in column 1 of the item is allotted to the person specified for the table from the day on which this Plan comes into force.
      (3)   If no person is specified for the table, the ACMA may allot a channel specified in column 1 of the table to any person for use in the area in column 7.
         Note  If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992.
      Determination of technical specifications of transmission of television broadcasting services
      (4)   A channel specified in column 1 of an item in a table in Schedule 3 must only be used for transmission of television broadcasting services in accordance with the following specifications:
           (a)   subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4;
           (b)   the transmission must have the polarisation specified in column 5;
           (c)   the transmission must comply with any additional specification specified in column 6.
      (5)   A transmission may have an ERP greater than that specified in column 4, if:
           (a)   the ACMA issues a transmitter licence that authorises the use of the channel specified in column 1 of the item; and
           (b)   a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and
           (c)   either:
                (i)     the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or
                (ii)  if there are no applicable requirements