Document ID: chunk:federal_register_of_legislation:C2004A00586:clause:2_121e
Version: federal_register_of_legislation:C2004A00586
Segment Type: clause
Provision Reference: sch 2 cl 121E
Character Range: 40470–42006

121E  ABA permission is required to provide certain television services in regional areas

 (1) A subscription television broadcasting licensee, or a related body corporate of a subscription television broadcasting licensee, engages in conduct to which this subsection applies if, without the written permission of the ABA, the subscription television broadcasting licensee or the related body corporate, as the case may be, provides:
 (a) a subscription television broadcasting service; or
 (b) a subscription television narrowcasting service; or
 (c) an open narrowcasting television service;
in a regional area, where, to the knowledge of the subscription television broadcasting licensee or the related body corporate, as the case may be, 3 or more consecutive program items transmitted on that service during a particular period:
 (d) the total length of which is the same as, or shorter than, the length of prime viewing hours; and
 (e) that occurs within the 24 hour period beginning at the start of prime viewing hours;
are identical to any 3 or more consecutive program items transmitted by a metropolitan commercial television broadcasting licensee during those prime viewing hours.

 (2) A subscription television broadcasting licensee, or a related body corporate of a subscription television broadcasting licensee, must take all reasonable steps to ensure that the subscription television broadcasting licensee or the related body corporate, as the case may be, does not engage in conduct to which subsection (1) applies.