Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZBB

Scope

             (1)  This section applies to a commercial television broadcasting licence allocated under section 38C for the Western Australia TV3 licence area.

Objectives

             (2)  A conditional access scheme for the section 38C licence area complies with this section if the scheme is directed towards the achievement of the objectives set out in this section.

             (3)  The first objective is that:

                     (a)  the scheme should specify the related terrestrial licence areas as areas that are, subject to paragraph (c), taken to be areas ( category A reception areas ) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; and

                     (b)  if a terrestrial licensee for a related terrestrial licence area is authorised, under paragraph 7(2A)(d) of Schedule 2, to provide a commercial television broadcasting service outside the related terrestrial licence area to one or more persons who are in the section 38C licence area--the scheme should provide that those persons are, subject to paragraph (c) of this subsection, taken in to be in a category A reception area; and

                     (c)  the scheme should provide that a person in a category D reception area is taken not to be in a category A reception area.

Note:          For category D reception area , see subsection (8).

             (4)  The second objective is that the scheme should:

                     (a)  specify one or more areas included in the Perth TV1 licence area; or

                     (b)  specify a method for ascertaining one or more areas included in the Perth TV1 licence area;

that are taken to be areas ( category B reception areas ) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.

             (5)  The third objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable persons in:

                     (a)  a category A reception area; or

                     (b)  a category B reception area; or

                     (c)  a declared service-deficient area;

to receive those commercial television broadcasting services.

             (6)  Subsection (5) has effect subject to subsections (18) and (19).

             (7)  The fourth objective is that the scheme should provide that so much of the section 38C licence area as is not:

                     (a)  a category A reception area; or

                     (b)  a category B reception area; or

                     (c)  a category D reception area;

is a category C reception area .

Note:          For category D reception area , see subsection (8).

             (8)  The fifth objective is that the scheme should:

                     (a)  specify one or more related terrestrial sub-areas; or

                     (b)  specify a method for ascertaining one or more related terrestrial sub-areas;

each of which is taken to be an area (a category D reception area ) in which people will, after the end of the simulcast period, or the simulcast-equivalent period, as the case may be, for the related terrestrial licence area in which the related terrestrial sub-area is included, be able to receive adequate reception of all the applicable terrestrial digital commercial television broadcasting services.

             (9)  The sixth objective is that the scheme must:

                     (a)  if the scheme is developed by a body or association that the ACMA is satisfied represents commercial television broadcasting licensees--identify a company; or

                     (b)  if the scheme is formulated by the ACMA--identify the ACMA;

as the scheme administrator for the scheme.

           (10)  The seventh objective is that the scheme must authorise the scheme administrator to issue a certificate (a reception certificate ) to:

                     (a)  a person in a category C reception area (but not in a declared service-deficient area); or

                     (b)  a person in a category D reception area (but not in a declared service-deficient area);

stating that the person is unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.

           (11)  The eighth objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable a person who:

                     (a)  is in:

                              (i)  a category C reception area; or

                             (ii)  a category D reception area; and

                     (b)  is not in a declared service-deficient area; and

                     (c)  holds a reception certificate;

to receive those commercial television broadcasting services.

           (12)  Subsection (10) has effect subject to subsections (18) and (19).

           (13)  The ninth objective is that, if an application for a reception certificate is made in accordance with the scheme, the application must:

                     (a)  be dealt with by the scheme administrator within 15 business days after receiving the application; and

                     (b)  be accepted, and dealt with, without requiring:

                              (i)  the payment of a fee by the applicant; or

                             (ii)  the applicant to incur any expenses (other than the expense of filling in the application and sending it to the scheme administrator).

           (14)  The tenth objective is that, if:

                     (a)  a person is in a category D reception area; and

                     (b)  the category D reception area is included in a related terrestrial licence area;

the scheme must not allow the person to apply for a reception certificate before the earlier of the following:

                     (c)  the start of the designated digital service day for the category D reception area;

                     (d)  the end of the simulcast period, or the simulcast-equivalent period, as the case may be, for the related terrestrial licence area.

Note:          For designated digital service day , see subsection (15).

           (15)  The 11th objective is that, if:

                     (a)  a category D reception area is included in a related terrestrial licence area; and

                     (b)  a particular day (the relevant day ) occurs during the simulcast period, or the simulcast-equivalent period, as the case may be, for the related terrestrial licence area; and

                     (c)  the relevant day is the first day on which all of the core/primary commercial television broadcasting services that are authorised to be provided in the category D reception area are being:

                              (i)  provided in the category D reception area; and

                             (ii)  transmitted in digital mode;

then:

                     (d)  the scheme must provide that the relevant day is the designated digital service day for the category D reception area; and

                     (e)  the scheme must require the scheme administrator:

                              (i)  to give the ACMA a written notice informing the ACMA that the relevant day is the designated digital service day for the category D reception area; and

                             (ii)  to do so as soon as practicable after the relevant day.

Note:          The ACMA must maintain a Register in which the ACMA includes any designated digital service days, see section 130ZEA.

           (16)  The 12th objective is that the scheme must authorise the scheme administrator to revoke a reception certificate issued to a person if the person is no longer eligible for the reception certificate.

           (17)  For the purposes of subsection (16), if:

                     (a)  at a particular time, a reception certificate was issued to a person; and

                     (b)  after that time, the person has not moved to new premises;

the person is taken to be eligible for the reception certificate.

           (18)  The 13th objective is that, if persons are:

                     (a)  in a local market area; and

                     (b)  not in a category A reception area; and

                     (c)  not in a category D reception area;

a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must not enable those persons to receive those commercial television broadcasting services earlier than 6 months before the time when the local market area becomes a digital-only local market area.

           (19)  The 14th objective is that, if persons are:

                     (a)  in a simulcast area; and

                     (b)  not in a local market area; and

                     (c)  not in a category A reception area; and

                     (d)  not in a category D reception area;

a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must not enable those persons to receive those commercial television broadcasting services earlier than 6 months before the end of the simulcast period for the simulcast area.

           (20)  The 15th objective is that, if:

                     (a)  at a particular time, a person was in a category B reception area; and

                     (b)  at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence enabled the person to receive those commercial television broadcasting services; and

                     (c)  after that time:

                              (i)  the person ceases to be in the category B reception area; and

                             (ii)  the person has not moved to new premises;

the conditional access system must enable the person to receive those commercial television broadcasting services.

           (21)  The 16th objective is that, if:

                     (a)  at a particular time, a person was in a declared service-deficient area; and

                     (b)  at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence enabled the person to receive those commercial television broadcasting services; and

                     (c)  after that time:

                              (i)  the person ceases to be in the declared service-deficient area; and

                             (ii)  the person has not moved to new premises;

the conditional access system must enable the person to receive those commercial television broadcasting services.

           (22)  In this section:

"digital-only local market area" has the same meaning as in Schedule 4.

"local market area" has the same meaning as in Schedule 4.

"related terrestrial licence area" means a terrestrial licence area mentioned in column 3 of item 3 of the table in subsection 38C(1).

"related terrestrial sub-area" means an area included in a related terrestrial licence area.

"simulcast area" means an area covered by paragraph 6(3)(c) of Schedule 4.

"simulcast period" has the same meaning as in Schedule 4.

"terrestrial licence" means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1).

"terrestrial licence area" means the licence area of a terrestrial licence.

Note 1:       For adequate reception , see section 130ZFA.

Note 2:       For applicable terrestrial digital commercial television broadcasting services , see section 130ZG.

Note 3:       For declared service-deficient area , see section 130ZH.