Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:3_101c
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 3 cl 101C
Character Range: 163808–166459

101C  Transmitter licence—application before the end of the simulcast period etc. if multi‑channelling election is in force

 (1) If:
 (a) a commercial television broadcasting licence (the related licence) allocated under section 38A or 38B of the Broadcasting Services Act 1992 is in force on or after 1 January 2009; and
 (b) an election under subclause 6(5A), (5AA) or (7B) of Schedule 4 to that Act is in force for a commercial television broadcasting service provided under the related licence; and
 (c) no transmitter licence has been issued to the licensee of the related licence under section 101B;
the licensee of the related licence may, before the end of whichever of the following periods is applicable:
 (d) the simulcast period for the licence area;
 (e) the simulcast‑equivalent period for the licence area;
apply in writing to the ACMA for the issue of a transmitter licence under this section.

 (2) An application under subsection (1) must be in a form approved by the ACMA.

Issue of transmitter licence

 (3) If:
 (a) an application is made under subsection (1); and
 (b) the ACMA is satisfied that there is sufficient radiofrequency spectrum available;
the ACMA must issue to the licensee of the related licence a transmitter licence authorising the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.

 (4) For the purposes of paragraph (3)(b), any part of the spectrum covered by a determination under subsection 34(3) of the Broadcasting Services Act 1992 is taken not to be available.

 (5) The transmitter licence comes into force at the end of the simulcast period, or the simulcast‑equivalent period, for the licence area of the related licence.

 (6) If the related licence is transferred, the transmitter licence is taken to be issued to the person to whom the related licence is transferred.

Consequences of revocation of election

 (7) If:
 (a) an application is made under subsection (1); and
 (b) the election referred to in paragraph (1)(b) is revoked before the ACMA makes a decision on the application;
the application is taken never to have been made.

 (8) If:
 (a) a transmitter licence is issued under subsection (3); and
 (b) the election referred to in paragraph (1)(b) is subsequently revoked;
the transmitter licence is cancelled.

Definitions

 (9) In this section:

simulcast‑equivalent period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.