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BROADCASTING SERVICES ACT 1992 - SECT 130A

Technical standards for digital transmission--television etc.

             (1)  The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of any or all of the following services delivered using the broadcasting services bands:

                     (a)  commercial television broadcasting services;

                     (b)  national television broadcasting services;

                     (c)  community television broadcasting services;

                     (d)  subscription television broadcasting services;

                     (e)  subscription television narrowcasting services provided under a class licence;

                    (ea)  open narrowcasting television services provided under a class licence;

                      (f)  datacasting services provided under datacasting licences.

Conditional access systems

             (2)  Standards under subsection (1), to the extent that they deal with conditional access systems, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those systems should be open to all providers of eligible datacasting services.

Application program interfaces

             (3)  Standards under subsection (1), to the extent that they deal with application program interfaces, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those interfaces should be open to all providers of eligible datacasting services.

Instruments

             (6)  Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.

Compliance

             (7)  A national broadcaster must comply with a standard determined under subsection (1).

Note 1:       For compliance by holders of commercial television broadcasting licences, see clause 7 of Schedule 2.

Note 2:       For compliance by holders of community television broadcasting licences, see clause 9 of Schedule 2.

Note 3:       For compliance by holders of subscription television broadcasting licences, see clause 10 of Schedule 2.

Note 4:       For compliance by providers of television broadcasting services provided under a class licence, see clause 11 of Schedule 2.

Note 5:       For compliance by holders of datacasting licences, see clause 24 of Schedule 6.

Note 6:       For compliance by holders of datacasting transmitter licences, see section 109A of the Radiocommunications Act 1992 .

Definitions

             (8)  In this section:

"application program interface" has the meaning generally accepted within the broadcasting industry.

"conditional access system" means a conditional access system that:

                     (a)  relates to the provision of one or more eligible datacasting services; and

                     (b)  allows a provider of an eligible datacasting service to determine whether an end-user is able to receive a particular eligible datacasting service.

"digital mode" has the same meaning as in Schedule 4.

"eligible datacasting service" means:

                     (a)  a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or

                     (b)  a television broadcasting service transmitted in digital mode using the broadcasting services bands.

"national television broadcasting service" has the same meaning as in Schedule 4.



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