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BROADCASTING SERVICES ACT 1992 - SECT 43AC Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees

BROADCASTING SERVICES ACT 1992 - SECT 43AC

Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees

Scope

  (1)   This section applies if the licence area of a commercial television broadcasting licence (the remote terrestrial licence ) is a related terrestrial licence area of a licence allocated under section   38C.

Programs to be provided by remote terrestrial licensees

  (2)   The remote terrestrial licence is subject to the condition that, if the licensee broadcasts a program in the related terrestrial licence area on either of the following services (a remote terrestrial service ):

  (a)   a HDTV multi - channelled commercial television broadcasting service;

  (b)   a SDTV multi - channelled commercial television broadcasting service;

the licensee of the remote terrestrial licence must:

  (c)   provide the program to the section   38C licensee for broadcast by the section   38C licensee; and

  (d)   do so:

  (i)   simultaneously with the broadcast of that program on the remote terrestrial service; or

  (ii)   as soon as practicable after the broadcast of that program on the remote terrestrial service.

HDTV digital mode or SDTV digital mode

  (3)   A program must be provided under subsection   (2) by transmitting it:

  (a)   if paragraph   (2)(a) applies--in HDTV digital mode (within the meaning of Schedule   4); or

  (b)   if paragraph   (2)(b) applies--in SDTV digital mode (within the meaning of Schedule   4).

Definitions

  (5)   In this section:

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

"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.

" section 38C licensee" means the licensee of a commercial television broadcasting licence allocated under section   38C.