Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:2_15
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 2 cl 15
Character Range: 194414–195954

15  Subsections 102(3A), (3B) and (3C)
Repeal the subsections, substitute:

 (4) Subsection (3) has effect subject to subsections (5) and (6).

 (5) The authorisation of the operation of the transmitter or transmitters concerned for transmitting a datacasting service in digital mode using those channels has no effect unless the licensee holds a BSA datacasting licence authorising the provision of that service.

 (6) The authorisation of the operation of the transmitter or transmitters concerned for transmitting a datacasting service in digital mode using those channels (other than a test transmission) does not take effect until whichever of the following first happens:
 (a) the end of 12 months after the holder of the related licence was required, under a scheme in force under clause 6 of Schedule 4 to the Broadcasting Services Act 1992, to commence transmitting the broadcasting service concerned in SDTV digital mode in the licence area for the related licence;
 (b) the first occasion on which a datacasting service (other than a test transmission in accordance with a determination under paragraph 34(1)(fa) of the Broadcasting Services Act 1992) was:
 (i) provided by another person under, and in accordance with the conditions of, a BSA datacasting licence; and
 (ii) transmitted under a datacasting transmitter licence;
  in the licence area for the related licence.

 (7) In this section, unless the contrary intention appears:

licence area has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.