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BROADCASTING SERVICES ACT 1992 - SECT 130ZB

Objectives of conditional access scheme--South Eastern Australia TV3 licence area and Northern Australia TV3 licence area

Scope

             (1)  This section applies to a commercial television broadcasting licence allocated under section 38C for:

                     (a)  the South Eastern Australia TV3 licence area; or

                     (b)  the Northern 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 all of the following as areas that are 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:

                              (i)  the related terrestrial licence areas;

                             (ii)  the external Territory in the section 38C licence area; 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 taken in to be in a category A reception area.

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

                     (a)  specify one or more areas included in the section 38C licence area; or

                     (b)  specify a method for ascertaining one or more areas included in the section 38C 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.

             (7)  The fourth objective is that the scheme should provide that so much of the section 38C licence area as is neither:

                     (a)  a category A reception area; nor

                     (b)  a category B reception area;

is a category C reception area .

             (8)  The fifth 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.

             (9)  The sixth objective is that the scheme must authorise the scheme administrator to issue a certificate (a reception certificate ) to a person in a category C 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.

           (10)  The seventh 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 a category C reception area; and

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

                     (b)  holds a reception certificate;

to receive those commercial television broadcasting services.

           (12)  The eighth 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).

           (13)  The ninth 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.

        (13A)  For the purposes of subsection (13), 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.

        (15A)  The 12th 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.

        (15B)  The 13th 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.

           (16)  In this section:

"related terrestrial licence area" :

                     (a)  in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area--means a terrestrial licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or

                     (b)  in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area--means a terrestrial licence area mentioned in column 3 of item 2 of the table in subsection 38C(1).

"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.



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