Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:1_86
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 1 cl 86
Character Range: 39550–41688

86  After subclause 6(5) of Schedule 4
Insert:

 (5A) If:
 (a) the holder of a commercial television broadcasting licence holds another commercial television broadcasting licence; and
 (b) the other licence was allocated under section 38A or 38B; and
 (c) the licences relate to the same licence area (within the meaning of whichever of those sections is applicable); and
 (d) at or about the time when the other licence was allocated, the holder gave the ABA a written notice electing that this subclause apply to both of the commercial television broadcasting services concerned;
then:
 (e) paragraphs (3)(d), (e) and (ha) do not apply to either of the commercial television broadcasting services concerned; and
 (f) Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the objectives set out in subclause (5B).

 (5B) The objectives mentioned in paragraph (5A)(f) are as follows:
 (a) the objective that, throughout the simulcast period for the licence area, the holder should be authorised, under one or more transmitter licences, to use one or more particular channels to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi‑channelling transmission capacity on each channel;
 (b) the objective that each channel should occupy 7 MHz of bandwidth;
 (c) the objective that, after the end of the simulcast period for the licence area, the holder is to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi‑channelling transmission capacity of a channel or channels allotted by the ABA under the scheme or a digital channel plan, having regard to:
 (i) the need to plan the most efficient use of the spectrum; and
 (ii) the other relevant policy objectives of the scheme.

 (5C) Paragraphs (3)(c), (d), (e), (f), (h) and (j) do not apply to a commercial television broadcasting service provided under a licence allocated under section 38B.

Note: Under section 38B, it is a condition of the licence that the service may only be transmitted in digital mode.