Document ID: chunk:federal_register_of_legislation:C2011A00036:clause:2_9a:p1
Version: federal_register_of_legislation:C2011A00036
Segment Type: clause
Provision Reference: sch 2 cl 9A (pt 1/2)
Character Range: 60745–63744

9A  Areas exempt from digital transmission requirements—commercial television broadcasting licensees

Areas exempt from digital transmission requirements
 (1) If an area is an exempt digital transmission area in relation to a commercial television broadcasting licence, the licensee is not required to comply with:
 (a) the commercial television conversion scheme; or
 (b) an implementation plan;
to the extent that the scheme or plan would require the licensee to transmit a commercial television broadcasting service in digital mode in the exempt digital transmission area.

Determination
 (2) On application by the holder of a commercial television broadcasting licence, the Minister may, by legislative instrument, determine that, for the purposes of this clause, a specified area that is within the licence area is an exempt digital transmission area in relation to the licence.
 (3) The Minister must not make a determination under subclause (2) that specifies an area that is within the licence area of a commercial television broadcasting licence unless, when the determination is made:
 (a) the specified area does not have coverage of any commercial television broadcasting service that is:
 (i) provided by the commercial television broadcasting licensee in the licence area; and
 (ii) transmitted in digital mode; and
 (b) the Minister is satisfied that:
 (i) fewer than 500 people reside in the specified area; or
 (ii) the specified area is an underserviced area; and
 (c) either:
 (i) commercial television broadcasting services are provided in the specified area under a commercial television broadcasting licence allocated under section 38C; or
 (ii) the Minister is satisfied that there is another way in which people in the specified area can, or will be able to, view an adequate and comprehensive range of commercial television broadcasting services and national television broadcasting services.
 (4) In considering, for the purposes of subparagraph (3)(b)(i), whether fewer than 500 people reside in a specified area, the Minister must have regard to the latest resident population statistics published by the Australian Statistician.

Underserviced areas
 (5) For the purposes of subparagraph (3)(b)(ii), a specified area within a licence area is an underserviced area if:
 (a) the specified area does not have coverage of one or more commercial television broadcasting services that are:
 (i) provided in the licence area; and
 (ii) transmitted in analog mode; or
 (b) the specified area does not have coverage of one or more national television broadcasting services that are:
 (i) provided in the coverage area that corresponds to the licence area; and
 (ii) transmitted in analog mode.
 (6) For the purposes of subclause (5), disregard a service that does no more than:
 (a) re‑transmit programs that are transmitted by a commercial television broadcasting service; or
 (b) re‑transmit programs that are transmitted by a national television broadcasting service.
 (7) For