Document ID: chunk:federal_register_of_legislation:C2011A00036:clause:1_6:p1
Version: federal_register_of_legislation:C2011A00036
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 3443–6594

6  After subsection 26(1A)
Insert:

Television licence area plans
 (1B) The ACMA may, by legislative instrument, prepare licence area plans that:
 (a) specify the channels that, under the relevant frequency allotment plan, are to be available in particular areas of Australia to provide the following services:
 (i) commercial television broadcasting services;
 (ii) national television broadcasting services;
 (iii) other television broadcasting services;
  with the use of the broadcasting services bands; and
 (b) allot, or empower the ACMA to allot, those channels to:
 (i) particular commercial television broadcasting licensees; or
 (ii) particular national broadcasters; or
 (iii) particular providers of television broadcasting services (other than commercial television broadcasting licensees or national broadcasters);
  as the case requires; and
 (c) determine the characteristics, including technical specifications, of the transmission of each of the following services:
 (i) commercial television broadcasting services;
 (ii) national television broadcasting services;
 (iii) other television broadcasting services;
  using those channels; and
 (d) determine, or empower the ACMA to determine, any technical limitations on the use of a particular channel that the ACMA considers should be applicable; and
 (e) determine, or empower the ACMA to determine, whether the use of a particular channel depends on any event or circumstances that the ACMA considers should be applicable.
 (1C) A licence area plan prepared under subsection (1B) is to be known as a television licence area plan.
 (1D) A television licence area plan may allot, or empower the ACMA to allot, different channels to:
 (a) a particular commercial television broadcasting licensee; or
 (b) a particular national broadcaster; or
 (c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster);
for different periods.
 (1E) A television licence area plan may allot, or empower the ACMA to allot, 2 or more channels to:
 (a) a particular commercial television broadcasting licensee; or
 (b) a particular national broadcaster; or
 (c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster).
 (1F) A television licence area plan must be consistent with the relevant frequency allotment plan.
 (1G) A television licence area plan does not need to identify a particular television broadcasting service by name.
 (1H) When the television licence area plan for a particular area comes into force:
 (a) subsection (1) ceases to apply to:
 (i) commercial television broadcasting services; and
 (ii) national television broadcasting services; and
 (iii) other television broadcasting services;
  provided in the area; and
 (b) if:
 (i) immediately before the television licence area plan came into force, a licence area plan (the existing licence area plan) prepared under subsection (1) was in force for the area; and
 (ii) the existing licence area plan relates wholly to television broadcasting services;