Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 102A

             (1)  If the ACMA is required, under a scheme in force under clause 6 of Schedule 4 to the Broadcasting Services Act 1992 , to issue a transmitter licence to a person who holds a commercial television broadcasting licence (the related licence ), the ACMA must issue to the person a transmitter licence that authorises the operation of one or more specified radiocommunications transmitters for transmitting the broadcasting service or services concerned in digital mode in accordance with the related licence.

             (2)  If the related licence is transferred, the transmitter licence is taken to be issued to the person to whom the related licence is transferred.

          (2A)  If:

                     (a)  a transmitter licence (the first transmitter licence ) is or was issued under this section; and

                     (b)  the first transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a particular commercial television broadcasting service (the first service ) in accordance with a commercial television broadcasting licence held by a person (the first BSA licence ); and

                     (c)  either before or after the issue of the first transmitter licence, another commercial television broadcasting licence (the additional BSA licence ) is or was allocated to the person under section 38A or 38B of the Broadcasting Services Act 1992 ; and

                     (d)  the first BSA licence and the additional BSA licence relate to the same licence area (within the meaning of whichever of those sections is applicable); and

                     (e)  the additional BSA licence authorises the provision of one or more other commercial television broadcasting services (the additional services ); and

                      (f)  the first service and at least one of the additional services are the subject of an election under subclause 6(5A) or (5AA) of Schedule 4 to the Broadcasting Services Act 1992 ;

the first transmitter licence is taken to authorise the operation of the transmitter or transmitters concerned for transmitting any of the additional services in accordance with the additional BSA licence.

          (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

                     (c)  a multi-channelling election is made for the relevant exempt remote area service.

          (2D)  If the ACMA approves the revocation of a multi-channelling election for a licensee of a commercial television broadcasting licence (the related licence ), 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 or services provided by the licensee in digital mode.

          (2E)  The new licence comes into force on the day from which the revocation takes effect.

             (3)  If a transmitter licence is issued under this section, the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting datacasting services in digital mode using the channel or channels concerned.

             (5)  The authorisation of the operation of the transmitter or transmitters concerned for transmitting a datacasting service in digital mode using the channel or channels concerned has no effect unless:

                     (a)  the licensee holds a BSA datacasting licence authorising the provision of that service; or

                     (b)  the service is a designated teletext service.

             (6)  If:

                     (a)  a transmitter licence issued under this section is in force immediately before the end of the simulcast period, or the simulcast-equivalent period, for a BSA licence area; and

                     (b)  the licence authorised the operation of one or more radiocommunications transmitters for transmitting one or more commercial television broadcasting services in digital mode in that area;

the licence is cancelled at the end of that period.

             (7)  In this section:

"commercial television broadcasting service" means a commercial broadcasting service that provides television programs.

"simulcast-equivalent period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

"simulcast period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .