TELECOMMUNICATIONS ACT 1997 - SECT 48 Exemption--broadcasting services

TELECOMMUNICATIONS ACT 1997 - SECT 48

  (1)   If :

  (a)   the sole use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:

  (i)   the supply of broadcasting services to the public;

  (ii)   the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and

  (b)   the unit does not consist of, or include, a facility used to carry communications between:

  (i)   the head end of a cable transmission system; and

  (ii)   the equipment used by an end - user to receive a broadcasting service; and

  (c)   the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience;

section   42 does not apply to the unit.

  (2)   If:

  (a)   the principal use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:

  (i)   the supply of broadcasting services to the public;

  (ii)   the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and

  (b)   the unit does not consist of, or include, a facility used to carry communications between:

  (i)   the head end of a cable transmission system; and

  (ii)   the equipment used by an end - user to receive a broadcasting service; and

  (c)   the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience; and

  (d)   the remaining use of the unit is use by one or more carriers, or by one or more exempt network - users, to supply carriage services and/or content services;

section   42 does not apply to the unit.

  (3)   If the sole use of a line link is use for the purpose of a re - transmission of a kind mentioned in paragraph   212(1)(a) or (b) of the Broadcasting Services Act 1992 , section   42 of this Act does not apply to the line link.

  (4)   If:

  (a)   the principal use of a line link is use for the purpose of a re - transmission of a kind mentioned in paragraph   212(1)(a) or (b) of the Broadcasting Services Act 1992 ; and

  (b)   the remaining use of the line link is use by one or more carriers, or by one or more exempt network - users, to supply carriage services and/or content services;

section   42 of this Act does not apply to the line link.

  (4A)   For the purposes of this section, disregard subsection   212(3) of the Broadcasting Services Act 1992 .

  (5)   In this section:

"broadcasting transmitter" means a radiocommunications transmitter used, or for use, to deliver a broadcasting service.

"head end of a cable transmission system" means a facility that:

  (a)   is connected to a line link; and

  (b)   is used, or for use, in connection with the delivery of a broadcasting service; and

  (c)   processes signals for delivery by the line link to end - users having equipment appropriate for receiving the service.