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BROADCASTING SERVICES ACT 1992 - SECT 130ZG

Applicable terrestrial digital commercial television broadcasting services

Scope

             (1)  This section applies if a person is in the licence area of a commercial television broadcasting licence.

Applicable terrestrial digital commercial television broadcasting services

             (2)  For the purposes of the application of this Part to the person, a service is an applicable terrestrial digital commercial television broadcasting service if it is:

                     (a)  a commercial television broadcasting service that is:

                              (i)  provided by a commercial television broadcasting licensee in the licence area; and

                             (ii)  transmitted in digital mode; or

                     (b)  a service that:

                              (i)  is merely a re-transmission of the programs provided by a commercial television broadcasting service described in paragraph (a); and

                             (ii)  is provided in the licence area; and

                            (iii)  is transmitted in digital mode; and

                            (iv)  is provided by a person declared by the ACMA under subsection (2A).

          (2A)  If the ACMA is satisfied that a person represents one or more commercial television broadcasting licensees, the ACMA may declare the person for the purposes of subparagraph (2)(b)(iv).

          (2B)  If the declaration under subsection (2A) is made in writing, the declaration is not a legislative instrument.

          (2C)  For the purposes of this Part, an applicable terrestrial digital commercial television broadcasting service described in paragraph (2)(b) is taken to be the same as the commercial television broadcasting service mentioned in subparagraph (2)(b)(i).

Note:          This means a person is taken to receive adequate reception of a single applicable terrestrial digital commercial television broadcasting service whether the person receives adequate reception of:

(a)    the commercial television broadcasting service described in paragraph (2)(a); or

(b)    the service of re-transmission described in paragraph (2)(b) by reference to that commercial television broadcasting service.

Exemptions

             (3)  This section does not apply to a commercial television broadcasting licence allocated under section 38C or subsection 40(1).

Definitions

             (4)  In this section:

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

"re-transmission" has the same meaning as in section 212.



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