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BROADCASTING SERVICES ACT 1992 - SECT 41CA

Services authorised by commercial television broadcasting licences allocated under section 38C

Authorised services

             (1)  A licence allocated under section 38C authorises the licensee to provide the following commercial television broadcasting services in the licence area:

                     (b)  if:

                              (i)  a commercial television broadcasting licensee (a related terrestrial licensee ) for a related terrestrial licence area provides a SDTV multi-channelled commercial television broadcasting service in the related terrestrial licence area; and

                             (ii)  the service is not the primary commercial television broadcasting service provided by the related terrestrial licensee;

                            a SDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;

                     (c)  if:

                              (i)  a commercial television broadcasting licensee (a related terrestrial licensee ) for a related terrestrial licence area provides a SDTV multi-channelled commercial television broadcasting service in the related terrestrial licence area; and

                             (ii)  the service is the primary commercial television broadcasting service provided by the related terrestrial licensee;

                            a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;

                     (e)  if:

                              (i)  a commercial television broadcasting licensee (a metropolitan licensee ) for a metropolitan licence area provides a SDTV multi-channelled commercial television broadcasting service in the metropolitan licence area; and

                             (ii)  the service is not the primary commercial television broadcasting service provided by the metropolitan licensee;

                            a SDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;

                      (f)  if:

                              (i)  a commercial television broadcasting licensee (a metropolitan licensee ) for a metropolitan licence area provides a SDTV multi-channelled commercial television broadcasting service in the metropolitan licence area; and

                             (ii)  the service is the primary commercial television broadcasting service provided by the metropolitan licensee;

                            a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;

                    (fa)  if:

                              (i)  a commercial television broadcasting licensee (a related terrestrial licensee ) for a related terrestrial licence area provides a HDTV multi-channelled commercial television broadcasting service in the related terrestrial licence area; and

                             (ii)  the service is not the primary commercial television broadcasting service provided by the related terrestrial licensee;

                            a HDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;

                    (fb)  if:

                              (i)  a commercial television broadcasting licensee (a related terrestrial licensee ) for a related terrestrial licence area provides a HDTV multi-channelled commercial television broadcasting service in the related terrestrial licence area; and

                             (ii)  the service is the primary commercial television broadcasting service provided by the related terrestrial licensee;

                            a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;

                    (fc)  if:

                              (i)  a commercial television broadcasting licensee (a metropolitan licensee ) for a metropolitan licence area provides a HDTV multi-channelled commercial television broadcasting service in the metropolitan licence area; and

                             (ii)  the service is not the primary commercial television broadcasting service provided by the metropolitan licensee;

                            a HDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;

                    (fd)  if:

                              (i)  a commercial television broadcasting licensee (a metropolitan licensee ) for a metropolitan licence area provides a HDTV multi-channelled commercial television broadcasting service in the metropolitan licence area; and

                             (ii)  the service is the primary commercial television broadcasting service provided by the metropolitan licensee;

                            a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;

                     (g)  one or more multi-channelled commercial television broadcasting services the program content of which consists wholly or primarily of programs provided, or required to be provided, to the licensee under subsection 43AA(1).

Program content

             (2)  In determining, for the purposes of this section, whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service:

                     (a)  ignore the following:

                              (i)  advertising or sponsorship material (whether or not of a commercial kind);

                             (ii)  a promotion for a television program or a television broadcasting service;

                            (iii)  community information material or community promotional material;

                            (iv)  a weather bulletin;

                             (v)  any other similar material; and

                     (b)  ignore a news program; and

                     (c)  ignore any program the broadcasting of which in any jurisdiction in the licence area could result in the licensee:

                              (i)  committing an offence; or

                             (ii)  becoming liable to a civil penalty; or

                            (iii)  breaching an order or direction of a court; or

                            (iv)  being in contempt of court; and

                     (d)  ignore a program broadcast in circumstances specified in the regulations.

             (3)  In determining, for the purposes of:

                     (a)  paragraph (1)(c); or

                     (b)  paragraph (1)(f); or

                     (c)  paragraph (1)(fb); or

                     (d)  paragraph (1)(fd);

whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service, assume that a program that provides coverage of an anti-siphoning event is the same as a program that provides coverage of another anti-siphoning event.

             (4)  Subsection (3) does not limit subsection (2).

Providing an authorised service on Norfolk Island

          (5A)  A person authorised by a licence allocated under section 38C to provide a commercial television broadcasting service in a licence area including Norfolk Island may provide the service despite a law of Norfolk Island about broadcasting services.

Definitions

             (6)  In this section:

"HDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.

"metropolitan licence area" means a licence area in which is situated the General Post Office of the capital city of:

                     (a)  New South Wales; or

                     (b)  Victoria; or

                     (c)  Queensland; or

                     (d)  Western Australia; or

                     (e)  South Australia;

but does not include the licence area of a commercial television broadcasting licence allocated under section 38C.

"related terrestrial licence area" :

                     (a)  in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area--means a 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 licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or

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

"SDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.



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