Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_6c:p1
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 6C (pt 1/2)
Character Range: 116574–119608

6C  Digital conversion of re‑transmission facilities

 (1) In addition to the policy objectives set out in subclause 6(3), Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the policy objective set out in subclause (2).

 (2) The objective is that, if:
 (a) immediately before the commencement of this clause, a self‑help provider provided a service that does no more than re‑transmit programs that are transmitted by a commercial television broadcasting licensee within the licence area of the licence; and
 (b) the self‑help provider did so using a radiocommunications transmitter operating at a particular location under the authority of a transmitter licence held by the self‑help provider; and
 (c) the sole or principal purpose of the service provided by the self‑help provider was to enable persons living in a particular area to obtain or improve reception of the commercial television broadcasting service concerned; and
 (d) the commercial television broadcasting licensee notifies the ACMA before:
 (i) the 9‑month period ending on the earliest applicable digital television switch‑over date for the licence area; or
 (ii) if this clause commences in that 9‑month period—the earliest applicable digital television switch‑over date for the licence area;
  that the licensee is willing to transmit the commercial television broadcasting service, under a transmitter licence held by the commercial television broadcasting licensee, using a radiocommunications transmitter at or near that location; and
 (e) such other conditions (if any) as are specified in the scheme are satisfied;
then:
 (f) the commercial television broadcasting licensee should be authorised, under a transmitter licence held by the licensee, to transmit the commercial television broadcasting service in digital mode using a radiocommunications transmitter at or near that location; and
 (g) if the radiocommunications transmitter mentioned in paragraph (b) is the sole radiocommunications transmitter the operation of which is authorised under the transmitter licence mentioned in that paragraph—the transmitter licence should be cancelled; and
 (h) if the radiocommunications transmitter mentioned in paragraph (b) is not the sole radiocommunications transmitter authorised by the transmitter licence mentioned in that paragraph—the transmitter licence should be varied so that it ceases to authorise the operation of the radiocommunications transmitter.

 (3) For the purposes of this clause, if:
 (a) clause 6 applies to a commercial television broadcasting licence; and
 (b) there is a simulcast period for the licence area of the licence; and
 (c) there is no local market area included in the licence area of the licence;
the last day of the simulcast period for the licence area is the applicable digital television switch‑over date for the licence area.

 (4) For the purposes of this clause, if:
 (a) clause 6 applies to a commercial television broadcasting licence; and
 (b) there is a