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BROADCASTING SERVICES ACT 1992 - SECT 38C

Commercial television broadcasting licences--services provided with the use of a satellite

             (1)  The following table has effect:

 

Licence areas and eligible joint venturers

 

Column 1

Column 2

Column 3

Item

Licence area for a commercial television broadcasting licence allocated, or to be allocated, under this section

Description of the licence area

Eligible joint venturers for the licence area

1

South Eastern Australia TV3

The area consisting of New South Wales, Victoria, South Australia, Tasmania, the Australian Capital Territory, Norfolk Island and the Jervis Bay Territory.

The commercial television broadcasting licensees for the following licence areas:

(a) Remote Central and Eastern Australia TV1;

 

 

 

(b) Remote Central and Eastern Australia TV2;

(c) Mt Isa TV1.

2

Northern Australia TV3

The area consisting of Queensland, the Northern Territory and the Coral Sea Islands Territory.

The commercial television broadcasting licensees for the following licence areas:

(a) Remote Central and Eastern Australia TV1;

(b) Remote Central and Eastern Australia TV2;

(c) Mt Isa TV1.

3

Western Australia TV3

The area consisting of Western Australia, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.

The commercial television broadcasting licensees for the following licence areas:

(a) Remote and Regional WA TV1;

(b) Western Zone TV1;

(c) Kalgoorlie TV1;

(d) Geraldton TV1;

(e) South West and Great Southern TV1.

Allocation of licence

             (2)  A commercial television broadcasting licence that was allocated under this section before the commencement of Schedule 2 to the Broadcasting and Other Legislation Amendment (Deregulation) Act 2015 continues in force unless it is cancelled.

Cancellation of licence--services not provided

           (15)  If:

                     (a)  the licensee of a licence allocated under this section is contravening a licence condition set out in:

                              (i)  clause 7B of Schedule 2; or

                             (ii)  clause 7C of Schedule 2; and

                     (b)  the ACMA is satisfied that the contravention is not due to:

                              (i)  technical circumstances that are beyond the licensee's control; or

                             (ii)  unforeseen circumstances that are beyond the licensee's control; or

                            (iii)  circumstances specified in the regulations; and

                     (c)  the ACMA gives the licensee a written notice warning the licensee that, if the contravention continues for 30 days, the licence may be cancelled; and

                     (d)  30 days pass after the notice is given, and the contravention continues;

the ACMA must, by written notice given to the licensee, cancel the licence.

           (16)  The cancellation takes effect:

                     (a)  when the notice of cancellation is given to the licensee; or

                     (b)  if a later time is specified in the notice of cancellation--at that later time.

Allocation of licence after cancellation etc.

           (17)  If the ACMA gives a notice under subsection (15) to a licensee, cancelling the licence for a licence area, the ACMA must, within 45 days after the giving of the notice, advertise, in a manner determined by the ACMA, for applications for a licence to be allocated under subsection (23) for the licence area.

           (18)  Before commencing to advertise under subsection (17), the ACMA must, by legislative instrument, determine the eligibility requirements that must be met by persons applying for a licence in response to such an advertisement.

           (19)  The eligibility requirements determined under subsection (18) must include that the applicant has the capacity to provide the services that the licensee will be required to provide under clauses 7B, 7C and 7D of Schedule 2. This subsection does not limit other eligibility requirements that may be determined under subsection (18).

           (20)  The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers under subsection (18).

           (21)  The ACMA must include in an advertisement under subsection (17):

                     (a)  a description of the matter mentioned in the applicable paragraph of subsection (17); and

                     (b)  the date on or before which applications must be received by the ACMA (the applications closing date ); and

                     (c)  a statement specifying how details of:

                              (i)  the licence area for the licence; and

                             (ii)  the eligibility requirements; and

                            (iii)  the conditions that will apply to the licence;

                            may be obtained.

           (22)  The applications closing date must be the 90th day after the day of publication of the first advertisement under subsection (17) that describes the contravention or cancellation concerned.

           (23)  If:

                     (a)  in response to an advertisement under subsection (17), the ACMA receives one or more applications for a licence; and

                     (b)  the applications were received on or before the applications closing date specified in the advertisement; and

                     (c)  the ACMA is satisfied that one or more of the applicants meets the eligibility requirements;

the ACMA must:

                     (d)  allocate the licence to one of the applicants referred to in paragraph (c); and

                     (e)  do so within 90 days after the applications closing date.

           (24)  Subsection (23) has effect subject to section 37.

Restrictions on transfer of licences

           (25)  During the period of 2 years after the date of allocation of a licence under this section, any attempt by any person to transfer the licence is of no effect.

Definitions

           (26)  In this section:

"wholly-owned subsidiary" has the same meaning as in the Corporations Act 2001 .



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