Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_60
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 60
Character Range: 177497–180194

60  Datacasting technical standards

 (1) The regulations may determine technical standards:
 (a) that are to be observed by datacasting licensees in relation to the provision by the licensees of datacasting services; and
 (b) that are to be observed by holders of:
 (i) datacasting transmitter licences; and
 (ii) designated broadcasting transmitter licences;
  in relation to the transmission by the holders of datacasting services, where there is in force a datacasting licence authorising the provision of the datacasting service concerned.

 (2) Standards under subclause (1), to the extent that they deal with conditional access systems, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those systems should be open to all providers of eligible datacasting services.

 (2A) Standards under subclause (1), to the extent that they deal with application program interfaces, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those interfaces should be open to all providers of eligible datacasting services.

 (3) If a transmitter licence is:
 (a) a datacasting transmitter licence; or
 (b) a designated broadcasting transmitter licence;
then, in addition to any conditions to which that licence is subject under the Radiocommunications Act 1992, the licence is taken to be subject to a condition that the holder of the transmitter licence, and any person authorised by the holder of the transmitter licence, must comply with a standard under subclause (1).

 (4) Section 589 of the Telecommunications Act 1997 applies to regulations made for the purposes of this clause in a corresponding way to the way in which it applies to an instrument under that Act.

 (5) In this clause:

application program interface has the meaning generally accepted within the broadcasting industry.

conditional access system means a conditional access system that:
 (a) relates to the provision of one or more eligible datacasting services; and
 (b) allows a provider of an eligible datacasting service to determine whether an end‑user is able to receive a particular eligible datacasting service.

designated broadcasting transmitter licence means a transmitter licence that, under section 100A, 100B, 102 or 102A of the Radiocommunications Act 1992, is taken to authorise the operation of a transmitter for transmitting datacasting services.

eligible datacasting service means:
 (a) a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or
 (b) a television broadcasting service transmitted in digital mode using the broadcasting services bands.