Document ID: chunk:federal_register_of_legislation:F2017C01186:front:0:p5
Version: federal_register_of_legislation:F2017C01186
Segment Type: other
Provision Reference: 
Character Range: 10202–13087

this Plan comes into force.
      (3)   If no national broadcaster is specified for a table in Schedule 2, the ACMA may allot the channel specified in column 1 of an item in the table to a national broadcaster for use in the area in column 7.
         Note  If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992.
      Determination of technical specifications of transmission of national television broadcasting services
      (4)   A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services in accordance with the following specifications:
           (a)   subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4;
           (b)   the transmission must have the polarisation specified in column 5;
           (c)   the transmission must comply with any additional specification specified in column 6.
      (5)   A transmission may have an ERP greater than that specified in column 4, if:
           (a)   the ACMA issues a transmitter licence that authorises the use of the channel specified in column 1 of the item; and
           (b)   a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and
           (c)   either:
                (i)     the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or
                (ii)  if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4.
         Note  Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter.  The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter.
      Determination of technical limitations and conditions on use of channel
      (6)   A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel.
      (7)   The ACMA may determine additional technical limitations on the use of the channel.
         Note  Even if no applicable technical limitation is specified for the table, the ACMA may still