Document ID: chunk:federal_register_of_legislation:F2017C01172:front:0:p5
Version: federal_register_of_legislation:F2017C01172
Segment Type: other
Provision Reference: 
Character Range: 10371–13157

to national broadcasters
      (1)   Each channel specified in column 1 of an item in a table in Schedule 2 is allotted to the national broadcaster specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3.
      (2)   If no date is specified in column 2 for an item in a table in Schedule 2, the channel specified in column 1 of the item is allotted to the national broadcaster specified for the table from the day on which this Plan comes into force.
      (3)   If no national broadcaster is specified for a table in Schedule 2, the ACMA may allot the channel specified in column 1 of an item in the table to a national broadcaster for use in the area in column 7.
         Note  If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992.
      Determination of technical specifications of transmission of national television broadcasting services
      (4)   A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services in accordance with the following specifications:
           (a)   subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4;
           (b)   the transmission must have the polarisation specified in column 5;
           (c)   the transmission must comply with any additional specification specified in column 6.
      (5)   A transmission may have an ERP greater than that specified in column 4, if:
           (a)   the ACMA issues a transmitter licence that authorises the use of the channel specified in column 1 of the item; and
           (b)   a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and
           (c)   either:
                (i)     the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or
                (ii)  if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4.
         Note  Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter.  The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4