Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:3_101b
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 3 cl 101B
Character Range: 161750–163808

101B  Transmitter licence—application if multi‑channelling election is in force in relation to remote licence area

 (1) If:
 (a) a commercial television broadcasting licence (the related licence) allocated under section 38B of the Broadcasting Services Act 1992 is in force on or after 1 January 2009; and
 (b) an election under subclause 6(7B) of Schedule 4 to that Act is in force for a commercial television broadcasting service provided under the related licence;
the licensee of the related licence may, before the end of whichever of the following periods is applicable:
 (c) the simulcast period for the licence area;
 (d) 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:
 (c) vary the relevant digital channel plan under the commercial television conversion scheme to allot a channel to the licensee of the related licence; and
 (d) 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) If the related licence is transferred, the transmitter licence is taken to be issued to the person to whom the related licence is transferred.

Definitions

 (6) 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.