Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZH

Declaration

             (1)  If:

                     (a)  the ACMA is satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in a particular area (the relevant area ) is less than the number of commercial television broadcasting services required by clauses 7B and 7C of Schedule 2 to be provided under a commercial television broadcasting licence allocated under section 38C; and

                     (b)  the relevant area is included in a terrestrial licence area; and

                     (c)  the terrestrial licence area is wholly or partly included in the licence area of the section 38C licence;

the ACMA must, by legislative instrument, declare that the relevant area is a declared service-deficient area for the purposes of this Part.

             (2)  The ACMA must not make a declaration under subsection (1) in relation to an area if:

                     (a)  part of the area is included in a local market area; and

                     (b)  the remainder of the area is outside the local market area.

             (3)  The ACMA must not make a declaration under subsection (1) in relation to an area (the relevant area ) before:

                     (a)  if:

                              (i)  the relevant area is included in a local market area; and

                             (ii)  the local market area became a digital-only local market area before the commencement of this section;

                            the end of the 9-month period beginning when the local market area became a digital-only local market area; or

                     (b)  if:

                              (i)  the relevant area is included in a local market area; and

                             (ii)  the local market area becomes a digital-only local market area after the commencement of this section;

                            the end of the 3-month period beginning when the local market area becomes a digital-only local market area; or

                     (c)  if:

                              (i)  the relevant area is included in a terrestrial licence area; and

                             (ii)  the relevant area is not included in a local market area; and

                            (iii)  the simulcast period, or the simulcast-equivalent period, as the case may be, for the terrestrial licence area ended before the commencement of this section;

                            the end of the 9-month period beginning when the simulcast period, or the simulcast-equivalent period, as the case may be, for the terrestrial licence area ended; or

                     (d)  if:

                              (i)  the relevant area is included in a terrestrial licence area; and

                             (ii)  the relevant area is not included in a local market area; and

                            (iii)  the simulcast period, or the simulcast-equivalent period, as the case may be, for the terrestrial licence area ends after the commencement of this section; and

                            the end of the 3-month period beginning when the simulcast period, or the simulcast-equivalent period, as the case may be, for the terrestrial licence area ends.

Revocation

             (4)  If:

                     (a)  a declaration is in force under subsection (1) in relation to a particular area (the relevant area ); and

                     (b)  the relevant area is included in a terrestrial licence area; and

                     (c)  the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section 38C; and

                     (d)  the ACMA is not satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in the relevant area is less than the number of commercial television broadcasting services provided under the section 38C licence;

the ACMA must, by legislative instrument, revoke the declaration.

Certain satellite services to be disregarded

             (5)  For the purposes of subsections (1) and (4), disregard a commercial television broadcasting service provided under a section 38C licence if the service is authorised by paragraph 41CA(1)(g).

Definitions

             (6)  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.

"number" includes zero.

"simulcast-equivalent period" has the same meaning as in 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:          For applicable terrestrial digital commercial television broadcasting services , see section 130ZG.