BROADCASTING LEGISLATION AMENDMENT BILL (NO. 1) 2005

i Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005

Contents

Short title ......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................1

Schedule 1--Commercial television in remote licence areas

Broadcasting Services Act 1992

Radiocommunications Act 1992

Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 1

A Bill for an Act to amend the law relating to

broadcasting, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Broadcasting Legislation Amendment

Act (No. 1) 2005.

2 Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Commercial television in remote licence areas Schedule 1

Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 3

Schedule 1--Commercial television in remote

licence areas

Broadcasting Services Act 1992

1 After subsection 38B(14)

Insert:

(14A) If a determination is made under subsection (14) for 2 licence areas

that are remote licence areas (within the meaning of Schedule 4)

because of paragraph (14)(b), this section applies as if the single

licence area referred to in subsection (14) were the licence area that

is entirely within the other licence area.

2 After subsection 38B(21)

Insert:

(21A) The condition specified in subsection (21B) applies if:

(a) a commercial television broadcasting licence is allocated to a

joint-venture company under subsection (5); and

(b) the licence is transferred to another company (the transferee

company); and

relation to one or both of the commercial television

broadcasting services provided under the licences referred to

in subsection (1) as the parent licences.

(21B) The licence held by the transferee company is subject to the

condition that the transferee company will continue to transmit a

commercial television broadcasting service provided under a parent

licence in relation to which that election is in force.

3 At the end of section 38B

Add:

(29) For the licence areas in Western Australia that are remote licence

areas (within the meaning of Schedule 4), the time determined under

subsection (27) must be no later than 1 January 2006.

Schedule 1 Commercial television in remote licence areas

4 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005

4 Clause 2 of Schedule 4

Insert:

exempt licence means a commercial television broadcasting licence

allocated under section 38B for a remote licence area.

5 Clause 2 of Schedule 4

Insert:

exempt remote area service has the meaning given by subclause

6(7F).

6 Clause 2 of Schedule 4

Insert:

parent licence means a commercial television broadcasting licence

referred to in subsection 38B(1) as a parent licence.

7 After subclause 6(7A) of Schedule 4

Insert:

Special rules for section 38B licences in remote licence areas

(7B) Special rules apply to an exempt remote area service for a remote

licence area for which an exempt licence has been allocated if

written notice is given to the ACMA electing that this subclause

applies by:

(a) the 2 existing licensees for that licence area (where the exempt

licence is allocated to a joint-venture company under

subsection 38B(5)); or

(b) the licensee to whom the exempt licence is allocated (where

the exempt licence is allocated under subsection 38B(6), (7),

(8) or (9)).

The notice must be given at or about the time when the exempt

licence was allocated.

(7C) The election remains in force for a company until:

(a) it is revoked, by written notice given to the ACMA, by:

(i) a company that made the election; or

Commercial television in remote licence areas Schedule 1

Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 5

(ii) if the election was made in relation to an exempt licence

allocated under subsection 38B(5) and a parent licence

has been transferred--by the licensee of the parent

licence; or

(iii) if the election was made in relation to an exempt licence

allocated under subsection 38B(6), (7), (8) or (9) and the

exempt licence has been transferred--by the licensee of

the exempt licence; and

(b) the ACMA approves the revocation in writing.

(7D) If the ACMA is satisfied that there is sufficient radiofrequency

spectrum available, the ACMA must, by notice in writing:

(a) approve the revocation; and

(b) specify a day from which the revocation takes effect; and

television conversion scheme to allot a channel to the licensee

applying for the revocation.

(7E) The ACMA may, before the day specified under paragraph (7D)(b),

by notice in writing, vary the day from which the revocation takes

effect.

(7F) An exempt remote area service for a remote licence area is:

(a) each of these:

(i) a commercial television broadcasting service provided by

a joint-venture company under an exempt licence that

was allocated to the company under subsection 38B(5)

for that licence area; and

(ii) the commercial television broadcasting services provided

under the parent licences for that licence area; or

(b) each of these:

(i) a commercial television broadcasting service provided by

a licensee under an exempt licence that was allocated to

the licensee under subsection 38B(6), (7), (8) or (9) for

that licence area; and

(ii) the other commercial television broadcasting service

provided by that licensee for that licence area; or

Schedule 1 Commercial television in remote licence areas

6 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005

licensee under an exempt licence for that licence area that is

transferred to the licensee; or

(d) a commercial television broadcasting service provided under a

parent licence for that licence area that is transferred to the

licensee.

(7G) Subclauses (7) and (7A) do not apply to an exempt remote area

service provided under an exempt licence while an election under

subclause (7B) is in force for the service.

(7H) Part B of the commercial television conversion scheme must be

directed towards ensuring the achievement of the policy objective

that each exempt remote area service for a remote licence area

should be authorised to be transmitted in SDTV digital mode using

multi-channelling transmission capacity while an election under

subclause (7B) is in force for the service.

8 At the end of clause 37G of Schedule 4

Add:

(4) Standards about HDTV digital mode of the kind referred to in

subclause (1) or (2), whether determined under this clause or under

another provision of this Act, do not apply to an exempt remote area

service if an election under subclause 6(7B) is in force for the

service.

Radiocommunications Act 1992

9 After subsection 102(2A)

Insert:

(2B) Despite subsection (1), the ACMA is not required to issue a new

transmitter licence for a commercial television broadcasting service

if:

(a) the service is provided under a licence that was allocated

under subsection 38B(6), (7), (8) or (9) of the Broadcasting

Services Act 1992; and

(b) a multi-channelling election is in force for the relevant remote

area service.

Commercial television in remote licence areas Schedule 1

Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 7

(2C) The operation of a transmitter or transmitters for transmitting the

commercial television broadcasting service under that commercial

television broadcasting licence is, if a multi-channelling election is

in force for the relevant remote area service, taken to be authorised

by the transmitter licence held by the company that made the

election for the relevant licence area.

(2D) If the ACMA approves the revocation of the multi-channelling

election, the ACMA must issue a new transmitter licence to the

licensee that revoked the election authorising the operation of a

transmitter or transmitters for transmitting the commercial television

broadcasting service provided under the licence for which that

election was made.

(2E) The new licence comes into force on the day from which the

revocation takes effect.

(2F) A transmitter licence issued under subsection (1) to a joint-venture

company that is allocated a commercial television broadcasting

licence under subsection 38B(5) of the Broadcasting Services Act

1992 is, if a multi-channelling election is in force for the relevant

remote area service, taken to authorise the operation of the

transmitter or transmitters concerned for transmitting:

(a) the commercial television broadcasting service provided under

that commercial television broadcasting licence; and

(b) the commercial television broadcasting services provided by

either or both of the 2 existing licensees referred to in

subsection 38B(1) of that Act for the relevant licence area.

10 At the end of section 102

Add:

(6) In this section and section 102A:

exempt remote area service has the same meaning as in Schedule 4

to the Broadcasting Services Act 1992.

multi-channelling election means an election under subclause

6(7B) of Schedule 4 to the Broadcasting Services Act 1992.

11 After subsection 102A(2A)

Schedule 1 Commercial television in remote licence areas

8 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005

Insert:

(2B) The operation of a transmitter or transmitters for transmitting a

commercial television broadcasting service in digital mode under a

licence allocated under subsection 38B(6), (7), (8) or (9) of the

Broadcasting Services Act 1992 to an existing licensee is, if a

multi-channelling election is in force for the relevant exempt remote

area service, taken to be authorised by the transmitter licence held

by the licensee for the relevant licence area.

(2C) The holder of a transmitter licence issued under this section must

surrender the licence if:

(a) a commercial television broadcasting licence is allocated

under subsection 38B(5) of the Broadcasting Services Act

1992; and

(b) the holder is one of the 2 existing licensees referred to in

subsection 38B(1) of that Act; and

remote area service.

(2D) If the ACMA approves the revocation of a multi-channelling

election for a licensee, the ACMA must issue a new transmitter

licence to the licensee that revoked the election authorising the

operation of a transmitter or transmitters for transmitting the

commercial television broadcasting service provided by the licensee

in digital mode.

(2E) The new licence comes into force on the day from which the

revocation takes effect.

Commonwealth of Australia Bills

BROADCASTING LEGISLATION AMENDMENT BILL (NO. 1) 2005