Document ID: chunk:federal_register_of_legislation:C2025C00023:section:130zh
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 130ZH
Character Range: 583411–585763

130ZH  Declared service‑deficient areas

Declaration
 (1) If:
 (a) the ACMA is satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in a particular area (the relevant area) is deficient; and
 (b) the relevant area is included in a terrestrial licence area; and
 (c) the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section 38C;
the ACMA must, by legislative instrument, declare that the relevant area is a declared service‑deficient area for the purposes of this Part.
 (2) For the purposes of determining whether the number of services provided to persons in a particular area is deficient as mentioned in paragraph (1)(a) or (4)(d), the ACMA may have regard to the following:
 (a) the current applicable terrestrial digital commercial television broadcasting services provided to persons in:
 (i) the relevant area; and
 (ii) other licence areas;
 (b) the history of such services having been provided to persons in the relevant area;
 (c) the extent to which there has been a reduction in the number of such services provided to persons in the relevant area;
 (d) any other matters that the ACMA considers relevant.

Revocation
 (4) If:
 (a) a declaration is in force under subsection (1) in relation to a particular area (the relevant area); and
 (b) the relevant area is included in a terrestrial licence area; and
 (c) the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section 38C; and
 (d) the ACMA is not satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in the relevant area is deficient;
the ACMA must, by legislative instrument, revoke the declaration.

Definitions
 (6) In this section:
number includes zero.
terrestrial licence means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1).
terrestrial licence area means the licence area of a terrestrial licence.
Note: For applicable terrestrial digital commercial television broadcasting services, see section 130ZG.

Part 9D—Captioning

Division 1—Introduction