• Specific Year
    Any

BROADCASTING SERVICES ACT 1992 - SECT 103Q Shortfall of eligible drama expenditure--channel provider supplies channel to multiple licensees

BROADCASTING SERVICES ACT 1992 - SECT 103Q

Shortfall of eligible drama expenditure--channel provider supplies channel to multiple licensees

  (1)   This section applies if:

  (a)   a licensee (the first licensee ) provides a subscription TV drama service (the first subscription TV drama service ); and

  (b)   a person is a channel provider in relation to the first subscription TV drama service because the person supplies a channel (the first channel ); and

  (c)   the channel provider supplies the same or a substantially similar channel to one or more other licensees (the additional licensees ) in circumstances where, apart from any breaks for the purposes of the transmission of incidental matter, the same or substantially similar channel supplied by the channel provider is televised by the additional licensees on subscription TV drama services (the additional subscription TV drama services ); and

  (d)   the sum of:

  (i)   the channel provider's new eligible drama expenditure (within the meaning of section   103N) in relation to the first subscription TV drama service for a particular financial year (the shortfall year ); and

  (ii)   the channel provider's carry - forward eligible drama expenditure (within the meaning of section   103N) in relation to the first subscription TV drama service for the shortfall year;

    is less than 10% of the channel provider's total program expenditure (within the meaning of section   103N) in relation to the first channel for the shortfall year.

Shortfall amount to be made up next financial year

  (2)   It is a condition of the first licensee's licence that, for the next financial year (the make - up year ):

  (a)   the channel provider's make - up expenditure is equal to the shortfall amount; or

  (b)   the first licensee's make - up expenditure is equal to the first licensee's subscriber percentage of the shortfall amount; or

  (c)   if the channel provider's make - up expenditure is less than the shortfall amount--the first licensee's make - up expenditure is equal to the first licensee's subscriber percentage of the difference between the shortfall amount and the channel provider's make - up expenditure.

Definitions

  (3)   In this section:

"channel provider's make-up expenditure" means so much of the total expenditure incurred by the channel provider during the make - up year on new eligible drama programs as the channel provider nominates for the purposes of the application of subsection   (2) in relation to the first subscription TV drama service.

"first licensee's make-up expenditure" means so much of the total expenditure incurred by the first licensee during the make - up year on new eligible drama programs not included, or available to be included, in the first channel as the first licensee nominates for the purposes of the application of subsection   (2) in relation to the first subscription TV drama service.

"first licensee's subscriber percentage" means the percentage worked out using the following formula:

Start formula start fraction Subscribers of first licensee over Subscribers of first licensee plus Subscribers of additional licensees end fraction times 100 end formula

"monthly subscriber number" , for a subscription TV drama service for a particular month, means the number worked out using the following formula:

Start formula start fraction Number of subscribers to the subscription TV drama service on the first day of the month plus Number of subscribers to the subscription TV drama service on the last day of the month over 2 end fraction end formula

"shortfall amount" means the amount by which the sum of:

  (a)   the channel provider's new eligible drama expenditure (within the meaning of section   103N) in relation to the first subscription TV drama service for the shortfall year; and

  (b)   the channel provider's carry - forward eligible drama expenditure (within the meaning of section   103N) in relation to the first subscription TV drama service for the shortfall year;

fell short of 10% of the channel provider's total program expenditure (within the meaning of section   103N) in relation to the first channel for the shortfall year.

"subscribers of additional licensees" means the sum of the monthly subscriber numbers for the additional subscription TV drama services for each month of operation during the shortfall year.

"subscribers of first licensee" means the sum of the monthly subscriber numbers for the first subscription TV drama service for each month of operation during the shortfall year.

Download

No downloadable files available