Document ID: chunk:federal_register_of_legislation:C2011A00036:clause:2_130zh:p1
Version: federal_register_of_legislation:C2011A00036
Segment Type: clause
Provision Reference: sch 2 cl 130ZH (pt 1/2)
Character Range: 54628–57354

130ZH  Declared service‑deficient areas

Declaration
 (1) If:
 (a) the ACMA is satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in a particular area (the relevant area) is less than the number of commercial television broadcasting services required by clauses 7B and 7C of Schedule 2 to be provided under a commercial television broadcasting licence allocated under section 38C; and
 (b) the relevant area is included in a terrestrial licence area; and
 (c) the terrestrial licence area is wholly or partly included in the licence area of the section 38C licence;
the ACMA must, by legislative instrument, declare that the relevant area is a declared service‑deficient area for the purposes of this Part.
 (2) The ACMA must not make a declaration under subsection (1) in relation to an area if:
 (a) part of the area is included in a local market area; and
 (b) the remainder of the area is outside the local market area.
 (3) The ACMA must not make a declaration under subsection (1) in relation to an area (the relevant area) before:
 (a) if:
 (i) the relevant area is included in a local market area; and
 (ii) the local market area became a digital‑only local market area before the commencement of this section;
  the end of the 9‑month period beginning when the local market area became a digital‑only local market area; or
 (b) if:
 (i) the relevant area is included in a local market area; and
 (ii) the local market area becomes a digital‑only local market area after the commencement of this section;
  the end of the 3‑month period beginning when the local market area becomes a digital‑only local market area; or
 (c) if:
 (i) the relevant area is included in a terrestrial licence area; and
 (ii) the relevant area is not included in a local market area; and
 (iii) the simulcast period, or the simulcast‑equivalent period, as the case may be, for the terrestrial licence area ended before the commencement of this section;
  the end of the 9‑month period beginning when the simulcast period, or the simulcast‑equivalent period, as the case may be, for the terrestrial licence area ended; or
 (d) if:
 (i) the relevant area is included in a terrestrial licence area; and
 (ii) the relevant area is not included in a local market area; and
 (iii) the simulcast period, or the simulcast‑equivalent period, as the case may be, for the terrestrial licence area ends after the commencement of this section; and
  the end of the 3‑month period beginning when the simulcast period, or the simulcast‑equivalent period, as the case may be, for the terrestrial licence area ends.

Revocation
 (4) If:
 (a) a declaration is in force under subsection