Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_7e
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 7E
Character Range: 99412–101009

7E  Exemption—provision of new commercial television broadcasting services not technically feasible

  If:
 (a) a licence is allocated under section 38C; and
 (b) after the start date for the licence area of the section 38C licence, a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area commences to provide, or proposes to commence to provide:
 (i) a HDTV multi‑channelled commercial television broadcasting service; or
 (ii) a SDTV multi‑channelled commercial television broadcasting service that is not the core/primary commercial television broadcasting service provided by the terrestrial licensee; and
 (c) apart from this clause, the licensee of the section 38C licence is, or will be, required to provide:
  (i) if subparagraph (b)(i) applies—a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or
 (ii) if subparagraph (b)(ii) applies—a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; and
 (d) the ACMA considers that it is not technically feasible for the licensee of the section 38C licence to provide the required service;
the ACMA may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service.

Note 1: For start date, see clause 7G.

Note 2: For terrestrial licence area, see clause 7L.