Document ID: chunk:federal_register_of_legislation:C2025C00023:section:26:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 26 (pt 1/2)
Character Range: 96716–99858

26  Preparation of licence area plans
 (1) The ACMA must, by legislative instrument, prepare licence area plans that determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands.
 (1A) To the extent to which a licence area plan prepared under subsection (1) deals with:
 (a) digital commercial radio broadcasting services; or
 (b) digital community radio broadcasting services; or
 (c) digital national radio broadcasting services;
the licence area plan is not required to determine the technical specifications of those services.

Television licence area plans
 (1B) The ACMA may, by legislative instrument, prepare licence area plans that:
 (a) specify the channels that are to be available in particular areas of Australia to provide the following services:
 (i) commercial television broadcasting services;
 (ii) national television broadcasting services;
 (iii) other television broadcasting services;
  with the use of the broadcasting services bands; and
 (b) allot, or empower the ACMA to allot, those channels to:
 (i) particular commercial television broadcasting licensees; or
 (ii) particular national broadcasters; or
 (iii) particular providers of television broadcasting services (other than commercial television broadcasting licensees or national broadcasters);
  as the case requires; and
 (c) determine the characteristics, including technical specifications, of the transmission of each of the following services:
 (i) commercial television broadcasting services;
 (ii) national television broadcasting services;
 (iii) other television broadcasting services;
  using those channels; and
 (d) determine, or empower the ACMA to determine, any technical limitations on the use of a particular channel that the ACMA considers should be applicable; and
 (e) determine, or empower the ACMA to determine, whether the use of a particular channel depends on any event or circumstances that the ACMA considers should be applicable.
 (1C) A licence area plan prepared under subsection (1B) is to be known as a television licence area plan.
 (1D) A television licence area plan may allot, or empower the ACMA to allot, different channels to:
 (a) a particular commercial television broadcasting licensee; or
 (b) a particular national broadcaster; or
 (c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster);
for different periods.
 (1E) A television licence area plan may allot, or empower the ACMA to allot, 2 or more channels to:
 (a) a particular commercial television broadcasting licensee; or
 (b) a particular national broadcaster; or
 (c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster).
 (1F) To avoid doubt, and without limiting the operation of this section, a television licence area plan may allot, or empower the ACMA to allot, a channel to 2 or more particular commercial television