Document ID: chunk:federal_register_of_legislation:C2012A00088:clause:1_6
Version: federal_register_of_legislation:C2012A00088
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 3692–5675

6  Paragraph 130ZBB(3)(a)
Repeal the paragraph, substitute:
 (a) the scheme should specify all of the following as areas that are, subject to paragraph (c), taken to be areas (category A reception areas) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services:
 (i) the related terrestrial licence areas;
 (ii) the external Territories in the section 38C licence area;
 (iii) areas (open access areas) identified by the scheme administrator as areas where it is reasonable to expect that, at the end of the simulcast period for the simulcast area, people will be unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; and
 (aa) the scheme should specify that the scheme administrator must have regard to the following when deciding whether to identify an area as an open access area:
 (i) the extent to which people in the area have adequate reception of applicable terrestrial digital commercial television broadcasting services;
 (ii) the extent to which it is predicted, on a basis agreed by the ACMA and the scheme administrator if the scheme does not identify the ACMA as the scheme administrator, that people in the area will have adequate reception of those services at the end of the simulcast period for the simulcast area;
 (iii) any information provided by a commercial television broadcasting licensee or the ACMA about the extent to which people in the area have or will have adequate reception of those services;
 (iv) any representations made to the scheme administrator by persons who reside in the area;
 (v) any other matters the scheme administrator considers relevant; and
 (ab) the scheme should, unless it identifies the ACMA as the scheme administrator, specify that the scheme administrator will promptly give the ACMA descriptions of open access areas for publication on the ACMA's website; and