Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_7b:p2
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 7B (pt 2/3)
Character Range: 892903–895709

broadcasting services, where:
 (i) the program content of each of the services is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
 (ii) the services are distinct from each other and from the service required to be provided by paragraph (c).

Exemption—cessation of related terrestrial primary service
 (5) If:
 (a) in compliance with subclause (1), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and
 (b) the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and
 (c) as a result of the cessation of the service, subclause (2) applies to the section 38C licensee;
subclause (2) has effect in relation to the section 38C licensee, while the cessation continues, as if paragraph (2)(e) had not been enacted.
 (6) If:
 (a) in compliance with subclause (2), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and
 (b) the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and
 (c) as a result of the cessation of the service, subclause (3) applies to the section 38C licensee;
then, while the cessation continues:
 (d) subclause (3) has effect in relation to the section 38C licensee as if paragraph (3)(d) had not been enacted; and
 (e) the section 38C licence is subject to the condition that the section 38C licensee will provide one commercial television broadcasting service, where:
 (i) the program content of the service is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
 (ii) the service is distinct from the service required to be provided by paragraph (3)(c).

Distinct services
 (7) For the purposes of this clause, a commercial television broadcasting service is distinct from another commercial television broadcasting service if, and only if, the program content of the services is not the same or substantially the same.
Note: For metropolitan licence area, related terrestrial licence area and terrestrial licence, see clause 7L.