2004‑2005‑2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Broadcasting Legislation Amendment (Digital Television) Bill 2006

 

No.      , 2006

 

(Communications, Information Technology and the Arts)

 

 

 

A Bill for an Act to amend the law relating to broadcasting, and for other purposes

  

  

Contents

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

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments commencing on the day after Royal Assent 3

Part 1—Amendments                                                                                                      3

Broadcasting Services Act 1992                                                                               3

Radiocommunications Act 1992                                                                               7

Part 2—Transitional provisions                                                                                    9

Schedule 2—Amendments commencing on 1 January 2007                         10

Part 1—Amendments                                                                                                    10

Broadcasting Services Act 1992                                                                             10

Radiocommunications Act 1992                                                                             40

Part 2—Transitional provisions                                                                                  43

Schedule 3—Amendments commencing on 1 January 2009                         45

Broadcasting Services Act 1992                                                                             45

Radiocommunications Act 1992                                                                             60

 

A Bill for an Act to amend the law relating to broadcasting, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Broadcasting Legislation Amendment (Digital Television) Act 2006.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.
2.  Schedule 1	The day after this Act receives the Royal Assent.
3.  Schedule 2	1 January 2007.	1 January 2007
4.  Schedule 3	1 January 2009.	1 January 2009

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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 concerned, and any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1—Amendments commencing on the day after Royal Assent

Part 1—Amendments

Broadcasting Services Act 1992

1  Subsection 6(1)

Insert:

anti‑siphoning event means an event, or an event of a kind, that is specified in a notice under subsection 115(1).

2  Subsection 18(2)

Before “multi‑channelled”, insert “SDTV”.

3  Section 146B (paragraph (b) of the definition of televise)

Omit “the broadcaster’s national television broadcasting service”, substitute “a national television broadcasting service provided by the broadcaster”.

4  Paragraph 10(1)(e) of Schedule 2

Omit “event that is specified in a notice under subsection 115(1)”, substitute “anti‑siphoning event”.

5  Subparagraph 10(1)(e)(ii) of Schedule 2

After “licensees”, insert “(other than licensees who hold licences allocated under subsection 40(1))”.

6  Subclauses 10(1A) and (1B) of Schedule 2

After “broadcasting licensee”, insert “(other than a licensee who holds a licence allocated under subsection 40(1))”.

7  Clause 2 of Schedule 4 (definition of multi‑channelled national television broadcasting service)

Repeal the definition.

8  Clause 2 of Schedule 4

Insert:

news or current affairs program means any of the following:

                     (a)  a news bulletin;

                     (b)  a sports news bulletin;

                     (c)  a program (whether presenter‑based or not) whose sole or dominant purpose is to provide analysis, commentary or discussion principally designed to inform the general community about social, economic or political issues of current relevance to the general community.

9  Clause 2 of Schedule 4

Insert:

SDTV multi‑channelled national television broadcasting service has the meaning given by clause 5C.

10  Clause 5A of Schedule 4

Repeal the clause, substitute:

5C  SDTV multi‑channelled national television broadcasting service

             (1)  For the purposes of this Schedule, a national television broadcasting service is a SDTV multi‑channelled national television broadcasting service if:

                     (a)  the service is provided by:

                              (i)  the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or

                             (ii)  the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; and

                     (b)  the service is transmitted in SDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other national television broadcasting service provided by the Corporation concerned; and

                     (d)  the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service.

             (2)  A notice under paragraph (1)(d) has no effect if:

                     (a)  the notice relates to a national television broadcasting service transmitted by the Corporation concerned in a coverage area; and

                     (b)  as a result of the notice being given, clause 19 would not apply to any national television broadcasting service provided by the Corporation in the coverage area.

             (3)  Subclause (2) ceases to have effect at the end of the simulcast period, or simulcast‑equivalent period, for the coverage area concerned.

11  Subclause 19(7B) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

Note:       The heading to subclause 19(7B) is altered by omitting “Multi‑channelled” and substituting “SDTV multi‑channelled”.

12  Subclause 20(1A) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

13  Paragraph 23(4)(b) of Schedule 4

Omit “the national broadcasting service concerned”, substitute “national television broadcasting services”.

14  Subclause 35(3) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

15  Subclause 36(1) of Schedule 4

Omit “the national television broadcasting service concerned”, substitute “national television broadcasting services”.

16  Paragraph 37F(4)(c) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

17  Paragraph 37H(3)(c) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

18  After Part 4 of Schedule 4

Insert:

Part 4A—Restrictions on televising anti‑siphoning events

  

41H  SDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period

Scope

             (1)  This clause applies to a national broadcaster if there is a simulcast period for a coverage area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the national broadcaster must not televise on a SDTV multi‑channelled national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the SDTV multi‑channelled national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the national broadcaster must not televise on a SDTV multi‑channelled national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the SDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the SDTV multi‑channelled national television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

19  Paragraphs 45(2)(a), 45A(3)(a) and 46(2)(a) of Schedule 4

After “broadcasting service”, insert “or services”.

20  Clauses 60 and 60A of Schedule 4

Repeal the clauses.

Radiocommunications Act 1992

21  Paragraph 100A(1)(b)

Omit “the national broadcasting service concerned”, substitute “a national television broadcasting service”.

22  Subsection 100B(1)

After “service”, insert “or services”.

23  Paragraph 100D(1)(c)

Omit “another national television broadcasting service; and”, substitute “one or more SDTV multi‑channelled national television broadcasting services;”.

Note:       The heading to section 100D is altered by omitting “multi‑channelled” and substituting “SDTV multi‑channelled national”.

24  Paragraph 100D(1)(d)

Repeal the paragraph.

25  Subsection 100D(1)

Omit “multi‑channelled national television broadcasting service in”, substitute “SDTV multi‑channelled national television broadcasting services in”.

26  Subsection 100D(2) (definition of multi‑channelled national television broadcasting service)

Repeal the definition.

27  Subsection 100D(2)

Insert:

SDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

 

Part 2—Transitional provisions

28  Notices about SDTV multi‑channelled national television broadcasting service

(1)        This item applies to a notice that:

                     (b)  was in force immediately before the commencement of this item; and

                     (a)  was given under paragraph 5A(1)(g) of Schedule 4 to the Broadcasting Services Act 1992.

(2)        The notice has effect, after the commencement of this item, as if it had been given under paragraph 5C(1)(d) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

29  NBS transmitter licences issued under section 100B of the Radiocommunications Act 1992

(1)        This item applies to an NBS transmitter licence that:

                     (a)  was in force immediately before the commencement of this Schedule; and

                     (b)  was issued under subsection 100B(1) of the Radiocommunications Act 1992.

(2)        To avoid doubt, the amendment of subsection 100B(1) of the Radiocommunications Act 1992 made by this Schedule does not affect the continuity of the NBS transmitter licence.

 

Schedule 2—Amendments commencing on 1 January 2007

Part 1—Amendments

Broadcasting Services Act 1992

1  Subsection 6(1) (definition of commercial television broadcasting licence)

Repeal the definition, substitute:

commercial television broadcasting licence means a licence under Part 4 to provide:

                     (a)  in the case of a licence allocated under subsection 40(1)—a commercial television broadcasting service; and

                     (b)  in any other case—the commercial television broadcasting services that, under section 41A, are authorised by the licence.

2  Subsection 6(1)

Insert:

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

3  Subsection 6(1)

Insert:

core commercial television broadcasting service, in relation to a commercial television broadcasting licence, has the meaning given by whichever of paragraph 41A(1)(b) or (2)(a) is applicable.

4  Subsection 6(1)

Insert:

earliest digital television switch‑over day means the earliest day on which a simulcast period (within the meaning of Schedule 4) ends.

5  After subsection 18(1)

Insert:

          (1A)  A HDTV multi‑channelled commercial television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.

          (1B)  A HDTV multi‑channelled national television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.

6  At the end of section 26

Add:

             (3)  If:

                     (a)  a review is conducted under section 35A; and

                     (b)  after the completion of the report of the review, the Minister is satisfied that a licence area plan should be varied in accordance with the recommendations in the report;

the Minister may give the ACMA a written direction requiring the ACMA to vary the licence area plan as specified in the direction.

             (4)  Subsection (3) does not limit subsection (2).

             (5)  The ACMA must comply with a direction under subsection (3).

             (6)  Sections 23 and 27 do not apply in relation to anything done by the ACMA in compliance with a direction under subsection (3).

7  Sections 28 and 28A

Repeal the sections.

8  Before section 36

Insert:

35A  Reviews about the allocation of new commercial television broadcasting licences

Initial review

             (1)  Before the earliest digital television switch‑over day, the Minister must cause to be conducted a review of:

                     (a)  whether one or more commercial television broadcasting licences that are broadcasting services bands licences should be allocated under section 36 for a particular area or areas of Australia; and

                     (b)  if so, what variations (if any) should be made to any licence area plans in force under section 26.

Subsequent reviews

             (2)  The Minister may cause to be conducted a review of:

                     (a)  whether one or more commercial television broadcasting licences that are broadcasting services bands licences should be allocated under section 36 for a particular area or areas of Australia; and

                     (b)  if so, what variations (if any) should be made to any licence area plans in force under section 26.

             (3)  Subsection (2) does not authorise the conduct of a review before the completion of the report of a review conducted under subsection (1).

Conduct of a review

             (4)  The following matters must be taken into account in conducting a review under subsection (1) or (2):

                     (a)  the objects of this Act;

                     (b)  the matters referred to in paragraphs 23(a) to (f) in so far as they are relevant;

                     (c)  the availability of radiofrequency spectrum;

                     (d)  any other relevant matters.

             (5)  A review under subsection (1) or (2) must be conducted in a manner that provides for wide public consultation.

             (6)  The ACMA must make available such information as is reasonably necessary for the conduct of a review under subsection (1) or (2).

Report of a review

             (7)  The Minister must cause to be prepared a report of a review under subsection (1) or (2).

             (8)  The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.

35B  Allocation of new commercial television broadcasting licences

             (1)  If:

                     (a)  a review is conducted under section 35A; and

                     (b)  after the completion of the report of the review, the Minister is satisfied that a commercial television broadcasting licence should be allocated under section 36 for a particular area of Australia;

the Minister may, within 3 years after the completion of the report of the review, give the ACMA a written direction requiring the ACMA to allocate the licence under section 36 within a specified period.

             (2)  The ACMA must comply with a direction under subsection (1).

             (3)  The ACMA must not allocate a licence under section 36 unless the ACMA is directed to do so under subsection (1) of this section.

             (4)  If:

                     (a)  a direction is given under subsection (1); and

                     (b)  as a result, the ACMA allocates a commercial television broadcasting licence under section 36;

the licence is subject to the condition that the licensee may only provide commercial television broadcasting services in digital mode (within the meaning of Schedule 4).

9  Subsection 36(1)

Repeal the subsection, substitute:

             (1)  The ACMA is to determine in writing a price‑based system for allocating:

                     (a)  commercial television broadcasting licences that are broadcasting services bands licences; and

                     (b)  commercial radio broadcasting licences that are broadcasting services bands licences.

10  Paragraph 38B(18)(a)

Omit “the commercial television broadcasting service concerned”, substitute “commercial television broadcasting services”.

11  Paragraphs 38B(18)(b) and (c)

Omit “the commercial television broadcasting service concerned”, substitute “at least one commercial television broadcasting service”.

12  Subsections 38B(20) and (21)

Omit all the words after “provide”, substitute “at least one service under the licence concerned for at least 2 years after the earliest occasion on which the licensee of the additional licence commences to provide a commercial television broadcasting service under the additional licence”.

13  After subsection 40(1)

Insert:

          (1A)  Licences under subsection (1) are to be allocated on the basis of one licence per service.

14  Subsection 40(2)

Omit “or paragraph 36(1)(b)”.

15  At the end of section 40

Add:

Referral of application to the Minister

             (5)  Before allocating a commercial television broadcasting licence under subsection (1), the ACMA must refer the application to the Minister.

             (6)  If an application for a commercial television broadcasting licence is referred to the Minister under subsection (5), the ACMA must not make a decision about the application until the Minister:

                     (a)  gives a direction under subsection (7) in relation to the application; or

                     (b)  gives a notice under subsection (9) in relation to the application.

             (7)  If:

                     (a)  an application for a commercial television broadcasting licence is referred to the Minister under subsection (5); and

                     (b)  the Minister is of the opinion that the proposed commercial television broadcasting service is likely to be contrary to the public interest;

the Minister must, by written notice given to the ACMA, direct the ACMA not to allocate the licence to the applicant.

             (8)  The ACMA must comply with a direction under subsection (7).

             (9)  If:

                     (a)  an application for a commercial television broadcasting licence is referred to the Minister under subsection (5); and

                     (b)  the Minister is not of the opinion that the proposed commercial television broadcasting service is likely to be contrary to the public interest;

the Minister must, by written notice given to the ACMA, inform the ACMA that he or she has no objection to the allocation of the licence to the applicant.

Minister may request additional information

           (10)  If an application is referred to the Minister under subsection (5), and the Minister considers that additional information is required before the Minister can decide whether to:

                     (a)  give a direction under subsection (7) in relation to the application; or

                     (b)  give a notice under subsection (9) in relation to the application;

the Minister may, by written notice given to the applicant within 30 days after the day on which the application is referred to the Minister, request the applicant to provide that information.

           (11)  If the Minister requests additional information under subsection (10), the Minister must give the ACMA a copy of the request.

Decision to be made within 60 days

           (12)  If the Minister does not, within 60 days after the day on which:

                     (a)  an application is referred to the Minister under subsection (5); or

                     (b)  if the Minister requests additional information under subsection (10)—that additional information is received;

do either of the following:

                     (c)  give a direction under subsection (7) in relation to the application;

                     (d)  give a notice under subsection (9) in relation to the application;

then the Minister is taken to have given a notice under subsection (9) in relation to the application.

16  After section 41

Insert:

41A  Services authorised by commercial television broadcasting licences before 1 January 2009

Licences in force immediately before 1 January 2007

             (1)  If:

                     (a)  a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2007; and

                     (b)  the licence authorised the licensee to provide a commercial television broadcasting service (the core commercial television broadcasting service) in the licence area;

the licence is taken to authorise the licensee to provide the following 2 services in the licence area:

                     (c)  the core commercial television broadcasting service;

                     (d)  a HDTV multi‑channelled commercial television broadcasting service;

during the period ending immediately before 1 January 2009.

Licences allocated on or after 1 January 2007

             (2)  If a commercial television broadcasting licence for a licence area is allocated on or after 1 January 2007 but before 1 January 2009, the licence authorises the licensee to provide the following 2 services in the licence area:

                     (a)  a commercial television broadcasting service (the core commercial television broadcasting service) transmitted in SDTV digital mode;

                     (b)  a HDTV multi‑channelled commercial television broadcasting service;

during the period ending immediately before 1 January 2009.

Licences allocated under subsection 40(1)

             (3)  This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).

Definitions

             (4)  In this section:

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

SDTV digital mode has the same meaning as in Schedule 4.

17  At the end of section 122

Add:

             (7)  If:

                     (a)  there is a simulcast period for the licence area of a commercial television broadcasting licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area;

then, during that period, standards under subsection (1), in so far as they relate to programs for children, do not apply to a commercial television broadcasting service provided by the licensee unless that service is the core commercial television broadcasting service.

             (8)  If:

                     (a)  there is a simulcast period for the licence area of a commercial television broadcasting licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area;

then, during that period, standards under subsection (1), in so far as they relate to Australian content of programs, do not apply to a commercial television broadcasting service provided by the licensee unless that service is the core commercial television broadcasting service.

             (9)  If a commercial television broadcasting licence is allocated under section 36 or subsection 40(1) on or after 1 January 2007, standards under subsection (1) do not apply to the licensee during the first 5 years of operation.

           (10)  In this section:

simulcast period has the same meaning as in Schedule 4.

18  At the end of section 123

Add:

             (5)  To avoid doubt, a reference in this section to broadcasting operations includes a reference to each commercial television broadcasting service provided by a commercial television broadcasting licensee.

19  Section 146B (paragraph (a) of the definition of televise)

Omit “the licensee’s commercial television broadcasting service”, substitute “a commercial television broadcasting service provided by the licensee”.

20  Section 204 (after table item dealing with subsection 40(1))

Insert:

Direction that a licence not be allocated under subsection 40(1)

Subsection 40(7)

The applicant

21  Paragraph 205B(1)(a)

After “service”, insert “or services”.

22  Subparagraph 205B(1)(c)(i)

After “service”, insert “or services”.

23  Paragraph 205B(1)(d)

After “service”, insert “or services”.

24  Paragraph 212(3)(a)

Repeal the paragraph, substitute:

                     (a)  a re‑transmission by a commercial television broadcasting licensee of the programs transmitted by any of the licensee’s commercial television broadcasting services; or

                    (aa)  a re‑transmission by a commercial radio broadcasting licensee of the programs transmitted by the licensee’s commercial radio broadcasting service; or

25  Paragraph 7(1)(c) of Schedule 2

Before “the articles of association”, insert “except in the case of a licence allocated under subsection 40(1)—”.

26  Paragraph 7(1)(f) of Schedule 2

Omit “the broadcasting service”, substitute “broadcasting services”.

27  Paragraph 7(1)(h) of Schedule 2

Omit “the broadcasting service”, substitute “broadcasting services”.

28  Paragraph 7(1)(i) of Schedule 2

Omit “broadcasting services”, substitute “at least one broadcasting service”.

29  After paragraph 7(1)(m) of Schedule 2

Insert:

                   (ma)  subject to subclauses (5) and (6), if there is a simulcast period for the licence area of the licence—the licensee will provide a HDTV multi‑channelled commercial television broadcasting service during the simulcast period for the licence area;

                   (mb)  subject to subclauses (5) and (7), if:

                              (i)  there is a simulcast‑equivalent period for the licence area of the licence; and

                             (ii)  under the regulations, the licensee is required to provide a HDTV multi‑channelled commercial television broadcasting service in the licence area during that period;

                            the licensee will comply with that requirement;

30  Paragraph 7(1)(na) of Schedule 2

Omit “quotas”.

31  After paragraph 7(1)(na) of Schedule 2

Insert:

                    (nb)  if subclause 37E(1) of Schedule 4 (which deals with HDTV quotas) applies to the licensee—the licensee will comply with that subclause;

32  Paragraph 7(1)(o) of Schedule 2

Repeal the paragraph, substitute:

                     (o)  if clause 38 of Schedule 4 (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee—the licensee will comply with that clause;

33  After paragraph 7(1)(oa) of Schedule 2

Insert:

                    (ob)  if clause 41C of Schedule 4 (which imposes restrictions on the televising of anti‑siphoning events) applies to the licensee—the licensee will comply with that clause;

34  Paragraph 7(2)(a) of Schedule 2

Before “the licensee will”, insert “except in a case where the licence was allocated under subsection 40(1)—“.

35  Paragraph 7(2)(a) of Schedule 2

After “service”, insert “or services”.

36  Paragraph 7(2)(c) of Schedule 2

Before “the licensee will”, insert “except in a case where the licence was allocated under subsection 40(1)—“.

37  Subparagraph 7(2A)(d)(i) of Schedule 2

After “service”, insert “or services”.

38  Subclauses 7(2B) and (2C) of Schedule 2

After “licence”, insert “(other than a licence allocated under subsection 40(1))”.

39  Subclause 7(3) of Schedule 2

Repeal the subclause.

40  At the end of clause 7 of Schedule 2

Add:

             (5)  Paragraphs (1)(ma) and (mb) do not apply to a licence if a commercial television broadcasting service provided under the licence is transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8) of Schedule 4.

             (6)  Paragraph (1)(ma) does not apply to a licence if:

                     (a)  the licensee provides a commercial television broadcasting service under the licence; and

                     (b)  an election under subclause 6(5A) or (5AA) of Schedule 4 is in force for the service.

             (7)  Paragraph (1)(mb) does not apply to a licence if:

                     (a)  the licensee provides an exempt remote area service under the licence; and

                     (b)  an election under subclause 6(7B) of Schedule 4 is in force for the service.

             (8)  An expression used in:

                     (a)  paragraph (1)(m), (ma), (mb) or (p) or subclause (5), (6) or (7); and

                     (b)  Schedule 4;

has the same meaning in that paragraph or subclause as it has in that Schedule.

41  Subparagraph 10(1)(e)(i) of Schedule 2

Omit “its broadcasting service”, substitute “any of its broadcasting services”.

42  Paragraph 10(1A) of Schedule 2

After “service”, insert “or services”.

43  Paragraphs 10(1B)(a) and (b) of Schedule 2

Omit “the licensee’s commercial television broadcasting service”, substitute “a commercial television broadcasting service provided by the licensee”.

44  Clause 2 of Schedule 4

Insert:

designated HDTV multi‑channelled national television broadcasting service has the meaning given by clause 5E.

45  Clause 2 of Schedule 4

Insert:

HDTV multi‑channelled commercial television broadcasting service has the meaning given by clause 5B.

46  Clause 2 of Schedule 4

Insert:

HDTV multi‑channelled national television broadcasting service has the meaning given by clause 5D.

47  Clause 2 of Schedule 4

Insert:

simulcast‑equivalent period has the meaning given by clause 4C.

48  After clause 4B of Schedule 4

Insert:

4C  Simulcast‑equivalent period

             (1)  If there is no simulcast period for a remote licence area of a commercial television broadcasting licence, the ACMA may, by legislative instrument, declare that a specified period is the simulcast‑equivalent period for the licence area.

             (2)  If there is no simulcast period for a remote coverage area in relation to a national television broadcasting service, the ACMA may, by legislative instrument, declare that a specified period is the simulcast‑equivalent period for the coverage area.

49  Before clause 5C of Schedule 4

Insert:

5B  HDTV multi‑channelled commercial television broadcasting service

                   For the purposes of this Schedule, a commercial television broadcasting service is a HDTV multi‑channelled commercial television broadcasting service if:

                     (a)  the service is provided by a commercial television broadcasting licensee; and

                     (b)  the service is transmitted in HDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other commercial television broadcasting service provided by the licensee.

50  At the end of Part 1 of Schedule 4

Add:

5D  HDTV multi‑channelled national television broadcasting service

                   For the purposes of this Schedule, a national television broadcasting service is a HDTV multi‑channelled national television broadcasting service if:

                     (a)  the service is provided by:

                              (i)  the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or

                             (ii)  the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; and

                     (b)  the service is transmitted in HDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other national television broadcasting service provided by the Corporation concerned.

5E  Designated HDTV multi‑channelled national television broadcasting service

             (1)  For the purposes of this Schedule, a designated HDTV multi‑channelled national television broadcasting service provided by a national broadcaster in a coverage area is:

                     (a)  if the national broadcaster provides a single HDTV multi‑channelled national television broadcasting service in the coverage area—that service; or

                     (b)  subject to subclauses (2) and (3), if the national broadcaster provides 2 or more HDTV multi‑channelled national television broadcasting services in the coverage area—each of those services.

             (2)  Paragraph (1)(b) does not apply to a HDTV multi‑channelled national television broadcasting service provided by a national broadcaster in a coverage area if the national broadcaster gives the Minister a written notice electing that paragraph (1)(b) not apply to the service.

             (3)  A notice under subclause (2) has no effect if, as a result of the notice being given, paragraph (1)(b) would not apply to any of the HDTV multi‑channelled national television broadcasting services provided by the national broadcaster in the coverage area.

51  Before subclause 6(8) of Schedule 4

Insert:

HDTV multi‑channelled commercial television broadcasting services

           (7J)  This clause does not apply to a HDTV multi‑channelled commercial television broadcasting service.

Licences allocated under section 36 on or after 1 January 2007

          (7K)  This clause does not apply in relation to a commercial television broadcasting licence if the licence was allocated under section 36 on or after 1 January 2007.

Licences allocated under subsection 40(1) on or after 1 January 2007

           (7L)  This clause does not apply in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40(1) on or after 1 January 2007.

52  Paragraph 8(4)(b) of Schedule 4

Omit “the commercial television broadcasting service concerned”, substitute “commercial television broadcasting services in accordance with the commercial television broadcasting licence”.

53  Paragraph 8(7)(a) of Schedule 4

Repeal the paragraph, substitute:

                     (a)  the holder contravenes:

                              (i)  paragraph 7(1)(ma) of Schedule 2; or

                             (ii)  a standard under subclause 37(1); or

                            (iii)  a standard under subclause 37A(1); or

                            (iv)  subclause 37E(1); or

                             (v)  a standard under subclause 37E(3); and

Note:       The heading to subclause 8(7) is altered by omitting “standards” and substituting “requirements”.

54  Paragraph 8(7)(b) of Schedule 4

Before “standard”, insert “provision or”.

55  Subclause 8(8) of Schedule 4

Omit “standard under subclause 37A(1) or 37E(1) or (3)”, substitute “provision or standard mentioned in subparagraph (7)(a)(i), (iii), (iv) or (v)”.

56  Paragraph 8(10)(b) of Schedule 4

Repeal the paragraph, substitute:

                     (b)  paragraph 7(1)(mb) of Schedule 2; or

                     (c)  a standard applicable to the holder under subclause 37B(1); or

                     (d)  a standard applicable to the holder under subclause 37C(1); or

                     (e)  a standard applicable to the holder under subclause 37G(1); or

                      (f)  a standard applicable to the holder under subclause 37G(2).

57  Subclause 8(10A) of Schedule 4

Omit “a standard under subclause 37C(1) or 37G(1) or (2)”, substitute “the provision mentioned in paragraph (10)(b) or a standard mentioned in paragraph (10)(d), (e) or (f)”.

58  After subclause 9(1) of Schedule 4

Insert:

          (1A)  Subclause (1) does not apply to a HDTV multi‑channelled commercial television broadcasting service.

          (1B)  Subclause (1) does not apply in relation to a commercial television broadcasting licence if the licence was allocated under section 36 on or after 1 January 2007.

          (1C)  Subclause (1) does not apply in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40(1) on or after 1 January 2007.

59  After subclause 19(7B) of Schedule 4

Insert:

 HDTV multi‑channelled national television broadcasting services

          (7C)  This clause does not apply to a HDTV multi‑channelled national television broadcasting service.

60  After subclause 20(1A) of Schedule 4

Insert:

HDTV multi‑channelled national television broadcasting services

          (1B)  This clause does not apply to a HDTV multi‑channelled national television broadcasting service.

61  Paragraph 23(7)(a) of Schedule 4

Repeal the paragraph, substitute:

                     (a)  the national broadcaster contravenes:

                              (i)  subclause 35AA(1); or

                             (ii)  a standard under subclause 37(1); or

                            (iii)  a standard under subclause 37A(1); or

                            (iv)  subclause 37F(1); or

                             (v)  a standard under subclause 37F(3); and

Note:       The heading to subclause 23(7) is altered by omitting “standards” and substituting “requirements”.

62  Paragraph 23(7)(b) of Schedule 4

Omit “the standard”, substitute “that provision or standard”.

63  Subclause 23(8) of Schedule 4

Omit “standard under subclause 37A(1) or 37F(1) or (3)”, substitute “provision or standard mentioned in subparagraph (7)(a)(i), (iii), (iv) or (v)”.

64  Paragraph 23(10)(b) of Schedule 4

Repeal the paragraph, substitute:

                     (b)  subclause 35AA(2); or

                     (c)  a standard applicable to the national broadcaster under subclause 37B(1); or

                     (d)  a standard applicable to the national broadcaster under subclause 37C(1); or

                     (e)  a standard applicable to the national broadcaster under subclause 37H(1); or

                      (f)  a standard applicable to the national broadcaster under subclause 37H(2).

65  Subclause 23(10A) of Schedule 4

Omit “a standard under subclause 37C(1) or 37H(1) or (2)”, substitute “the provision mentioned in paragraph (10)(b) or a standard mentioned in paragraph (10)(d), (e) or (f)”.

66  After clause 35 of Schedule 4

Insert:

35AA  National broadcasters must provide HDTV multi‑channelled national television broadcasting service during simulcast period etc.

             (1)  If there is a simulcast period for a coverage area, a national broadcaster must provide at least one HDTV multi‑channelled national television broadcasting service in the coverage area during that period.

             (2)  If:

                     (a)  there is a simulcast‑equivalent period for a coverage area; and

                     (b)  under the regulations, a national broadcaster is required to provide a HDTV multi‑channelled national television broadcasting service in the coverage area during that period;

the national broadcaster must comply with that requirement.

67  Part 4 of Schedule 4 (heading)

Repeal the heading, substitute:

Part 4—Standards and HDTV quotas

68  Division 2 of Part 4 of Schedule 4 (heading)

Repeal the heading, substitute:

Division 2—HDTV quotas and standards

69  Before clause 37E of Schedule 4

Insert:

37DA  This Division does not apply in relation to licences allocated under subsection 40(1)

                   This Division does not apply in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40(1).

70  Subclauses 37E(1), (2), (2A) and (2B) of Schedule 4

Repeal the subclauses, substitute:

             (1)  During the HDTV quota period for a commercial television broadcasting licence, the licensee must transmit at least the HDTV quota of high‑definition television programs in HDTV digital mode on the HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area.

             (2)  For the purposes of subclause (1), the HDTV quota period for a commercial television broadcasting licence is the period:

                     (a)  beginning:

                              (i)  if the licence was in force immediately before 1 January 2007 and is not the licence with the service licence number SL1150827—at the start of 1 January 2007; or

                             (ii)  if the licence is in force immediately before 1 January 2008 and the service licence number of the licence is SL1150827—at the start of 1 January 2008; or

                            (iii)  in any other case—at the start of the first day after the end of the 2‑year period that begins when the licensee is required to commence transmitting a commercial television broadcasting service in the licence area concerned; and

                     (b)  ending at the end of the simulcast period for the licence area concerned.

Note:          The licence referred to in subparagraph (a)(ii) was allocated to Mildura Digital Television Pty Ltd for the Mildura/Sunraysia TV1 licence area.

          (2A)  For the purposes of subclause (1), the HDTV quota for a calendar year, or a part of a calendar year, included in the HDTV quota period is as follows:

                     (a)  for a calendar year—1040 hours;

                     (b)  for a part of a calendar year—1040 hours reduced on a pro‑rata basis.

71  Subclause 37E(3) of Schedule 4

Omit “the HDTV version of the commercial television broadcasting service concerned”, substitute “the HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area”.

72  Subclause 37E(4) of Schedule 4

Repeal the subclause, substitute:

Application

             (4)  Subclauses (1), (2) and (3) apply in relation to the transmission of a HDTV multi‑channelled commercial television broadcasting service in a licence area that is not a remote licence area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8).

             (5)  Subclauses (1), (2) and (3) do not apply to a commercial television broadcasting licence if an election under subclause 6(5A) or (5AA) is in force for a commercial television broadcasting service provided under the licence.

Note 1:       For high‑definition television program, see clause 37L.

Note 2:       For prime viewing hours, see clause 37M.

73  Clause 37EA of Schedule 4

Repeal the clause.

74  Subclauses 37F(1), (2), (2A) and (2B) of Schedule 4

Repeal the subclauses, substitute:

             (1)  During the HDTV quota period for a national broadcaster, the national broadcaster must transmit at least the HDTV quota of high‑definition television programs in HDTV digital mode on a designated HDTV multi‑channelled national television broadcasting service provided by the broadcaster in the coverage area.

             (2)  For the purposes of subclause (1), the HDTV quota period for a national broadcaster is the period:

                     (a)  beginning at the start of 1 January 2007; and

                     (b)  ending after the end of the simulcast period for the coverage area concerned.

          (2A)  For the purposes of subclause (1), the HDTV quota for a calendar year, or a part of a calendar year, included in the HDTV quota period is as follows:

                     (a)  for a calendar year—1040 hours;

                     (b)  for a part of a calendar year—1040 hours reduced on a pro‑rata basis.

75  Subclause 37F(3) of Schedule 4

Omit “the HDTV version of the national television broadcasting service concerned”, substitute “a designated HDTV multi‑channelled national television broadcasting service”.

76  Subclause 37F(4) of Schedule 4

Repeal the subclause, substitute:

Application

             (4)  Subclauses (1), (2) and (3) apply in relation to the transmission of a designated HDTV multi‑channelled national television broadcasting service in a coverage area that is not a remote coverage area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(8).

Note 1:       For high‑definition television program, see clause 37L.

Note 2:       For prime viewing hours, see clause 37M.

77  Clause 37FA of Schedule 4

Repeal the clause.

78  Subclauses 37G(1), (1A), (1B) and (1C) of Schedule 4

Repeal the subclauses, substitute:

             (1)  The regulations may determine standards that require each commercial television broadcasting licensee to meet specified quotas in relation to the extent to which high‑definition television programs, or specified kinds of high‑definition television programs, are transmitted in HDTV digital mode on the HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area.

79  Subclause 37G(2) of Schedule 4

Omit “HDTV version of the commercial television broadcasting service concerned”, substitute “HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area”.

80  Subclauses 37G(3) and (4) of Schedule 4

Repeal the subclauses, substitute:

Application

             (3)  Subclauses (1) and (2) apply in relation to the transmission of a HDTV multi‑channelled commercial television broadcasting service in a remote licence area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(10A).

             (4)  Subclauses (1) and (2) do not apply to a licence if:

                     (a)  the licensee provides an exempt remote area service under the licence; and

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

             (5)  If there is a simulcast period for the licence area of a commercial television broadcasting licence, subclauses (1) and (2) cease to apply to the licence at the end of that period.

             (6)  If there is a simulcast‑equivalent period for the licence area of a commercial television broadcasting licence, subclauses (1) and (2) cease to apply to the licence at the end of that period.

Note 1:       For high‑definition television program, see clause 37L.

Note 2:       For prime viewing hours, see clause 37M.

81  Subclauses 37H(1), (1A), (1B) and (1C) of Schedule 4

Repeal the subclauses, substitute:

             (1)  The regulations may determine standards that require each national broadcaster to meet specified quotas in relation to the extent to which high‑definition television programs, or specified kinds of high‑definition television programs, are transmitted in HDTV digital mode on a designated HDTV multi‑channelled national television broadcasting service provided by the broadcaster in a coverage area.

82  Subclause 37H(2) of Schedule 4

Omit “the HDTV version of the national television broadcasting service concerned”, substitute “a designated HDTV multi‑channelled national television broadcasting service”.

83  Subclause 37H(3) of Schedule 4

Repeal the subclause, substitute:

Application

             (3)  Subclauses (1) and (2) apply in relation to the transmission of a designated HDTV multi‑channelled national television broadcasting service in a remote coverage area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(10A).

             (4)  If there is a simulcast period for a coverage area, subclauses (1) and (2) cease to apply to the coverage area at the end of that period.

             (5)  If there is a simulcast‑equivalent period for a coverage area, subclauses (1) and (2) cease to apply to the coverage area at the end of that period.

Note 1:       For high‑definition television program, see clause 37L.

Note 2:       For prime viewing hours, see clause 37M.

84  Clause 37J of Schedule 4

Repeal the clause.

85  Division 3 of Part 4 of Schedule 4

Repeal the Division, substitute:

Division 3—Captioning

38  Captioning

Basic rules

             (1)  Subject to this clause, each commercial television broadcasting licensee, and each national broadcaster, must provide a captioning service for:

                     (a)  television programs transmitted during prime viewing hours; and

                     (b)  television news or current affairs programs transmitted outside prime viewing hours.

Note:          For compliance by licensees, see clause 7 of Schedule 2.

             (2)  Subclause (1) does not require the provision by a commercial television broadcasting licensee of a captioning service for a television program covered by paragraph 6(8)(d).

             (3)  Subclause (1) does not require the provision by a national broadcaster of a captioning service for a television program covered by paragraph 19(8)(d).

             (4)  If:

                     (a)  there is a simulcast period for the licence area of a commercial television broadcasting licence; and

                     (b)  the licensee provides a core commercial television broadcasting service in the licence area; and

                     (c)  the licensee provides:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service; or

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

                            in the licence area;

then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:

                     (d)  the SDTV multi‑channelled commercial television broadcasting service; or

                     (e)  the HDTV multi‑channelled commercial television broadcasting service;

unless the program has been previously transmitted on the core commercial television broadcasting service.

             (5)  If:

                     (a)  a national broadcaster provides a national television broadcasting service in a coverage area; and

                     (b)  there is a simulcast period for the coverage area;

then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:

                     (c)  a SDTV national television broadcasting service provided by the national broadcaster; or

                     (d)  a HDTV national television broadcasting service provided by the national broadcaster;

unless the television program has been previously transmitted by the national broadcaster on the national television broadcasting service to which clause 19 applies.

             (6)  Subclause (1) does not require the provision of a captioning service by the licensee of a commercial television broadcasting licence that was allocated under subsection 40(1) during:

                     (a)  the first year of operation of the licence; or

                     (b)  if the ACMA, by written notice given to the licensee, allows a longer period—that longer period.

             (7)  Subclause (1) does not require the provision of a captioning service for:

                     (a)  a television program, or a part of a television program, that is wholly in a language other than English; or

                     (b)  a television program, or a part of a television program, the audio component of which consists only of music that has no human vocal content that is recognisable as being in the English language; or

                     (c)  so much of the audio component of a television program as consists of incidental or background music.

             (8)  For the purposes of paragraphs (7)(a) and (b), disregard minor and infrequent uses of the English language.

Special rules

             (9)  If:

                     (a)  there is a simulcast period for the licence area of a commercial television broadcasting licence; and

                     (b)  during that period, the licensee transmits a television program on:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service; or

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

                            in the licence area; and

                     (c)  the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and

                     (d)  the licensee provided a captioning service when the program was so previously transmitted on the other service;

the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (b).

           (10)  If:

                     (a)  there is a simulcast period for the coverage area of a national television broadcaster; and

                     (b)  during that period, the national broadcaster transmits a television program on:

                              (i)  a SDTV multi‑channelled national television broadcasting service; or

                             (ii)  a HDTV multi‑channelled national television broadcasting service;

                            in the coverage area; and

                     (c)  the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster in the coverage area; and

                     (d)  the national broadcaster provided a captioning service when the program was so previously transmitted on the other service;

the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (b).

Prime viewing hours

           (11)  For the purposes of subclause (1), prime viewing hours are the hours:

                     (a)  beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and

                     (b)  ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the same day.

Definition

           (12)  In this clause:

program does not include advertising or sponsorship matter (whether or not of a commercial kind).

SDTV multi‑channelled commercial television broadcasting services

           (13)  The following provisions do not apply to a commercial television broadcasting licensee before 1 January 2009:

                     (a)  subparagraph (4)(c)(i);

                     (b)  paragraph (4)(d);

                     (c)  subparagraph (9)(b)(i).

86  Before clause 41H of Schedule 4

Insert:

Division 1—Commercial television broadcasting services

41C  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a core service

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  there is a simulcast period for the licence area of the licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

Division 2—National television broadcasting services

87  After clause 41H of Schedule 4

Insert:

41J  HDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period

Scope

             (1)  This clause applies to a national broadcaster if there is a simulcast period for a coverage area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled national television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

88  At the end of Part 8 of Schedule 4

Add:

60C  Review of content and captioning rules applicable to multi‑channelled commercial television broadcasting services

             (1)  At least one year before the earliest digital television switch‑over day, the Minister must cause to be conducted a review of the following matters:

                     (a)  the operation of Part 9 of this Act and clause 38 of this Schedule, in so far as those provisions apply to:

                              (i)  SDTV multi‑channelled commercial television broadcasting services; and

                             (ii)  HDTV multi‑channelled commercial television broadcasting services;

                     (b)  whether Part 9 of this Act and clause 38 of this Schedule, in so far as those provisions apply to:

                              (i)  SDTV multi‑channelled commercial television broadcasting services; and

                             (ii)  HDTV multi‑channelled commercial television broadcasting services;

                            should be amended.

             (2)  The Minister must cause to be prepared a report of a review under subsection (1).

             (3)  The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.

Radiocommunications Act 1992

89  After section 100D

Insert:

100E  NBS transmitter licences—authorisation of HDTV multi‑channelled national television broadcasting services

             (1)  If:

                     (a)  an NBS transmitter licence is or was issued to a national broadcaster; and

                     (b)  the NBS transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting one or more national television broadcasting services in digital mode using one or more channels; and

                     (c)  the national broadcaster provides, or proposes to provide, one or more HDTV multi‑channelled national television broadcasting services;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting HDTV multi‑channelled national television broadcasting services using those channels.

             (2)  In this section:

HDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

national broadcaster has the same meaning as in the Broadcasting Services Act 1992.

national broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

national television broadcasting service means a national broadcasting service that provides television programs.

NBS transmitter licence means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service.

90  Subsection 102(1)

After “service”, insert “or services”.

91  Subsection 102A(1)

After “service”, insert “or services”.

92  After section 102A

Insert:

102AA  Transmitter licences—authorisation of HDTV multi‑channelled commercial television broadcasting services during the simulcast period etc.

             (1)  If:

                     (a)  immediately before 1 January 2007, there was in force a transmitter licence issued under section 102 or 102A; and

                     (b)  the transmitter licence is held by the licensee of a commercial television broadcasting licence (the related licence); and

                     (c)  the transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a commercial television broadcasting service in digital mode using one or more channels; and

                     (d)  the licensee of the related licence provides, or proposes to provide, a HDTV multi‑channelled commercial television broadcasting service in accordance with the related licence;

the transmitter licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting the HDTV multi‑channelled commercial television broadcasting service, using those channels, during whichever of the following periods is applicable:

                     (e)  the simulcast period for the licence area of the related licence;

                      (f)  the simulcast‑equivalent period for the licence area of the related licence.

             (2)  In this section:

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

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

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

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.

 

Part 2—Transitional provisions

93  Determinations under subsection 36(1) of the Broadcasting Services Act 1992

(1)        This item applies to a determination that:

                     (a)  was in force immediately before the commencement of this item; and

                     (b)  was made under subsection 36(1) of the Broadcasting Services Act 1992.

(2)        The determination, to the extent to which it deals with the allocation of:

                     (a)  commercial television broadcasting licences that are broadcasting services bands licences; and

                     (b)  commercial radio broadcasting licences that are broadcasting services bands licences;

has effect, after the commencement of this item, as if it had been made under subsection 36(1) of the Broadcasting Services Act 1992 as amended by this Schedule.

94  Transmitter licences issued under section 102 of the Radiocommunications Act 1992

(1)        This item applies to a transmitter licence that:

                     (a)  was in force immediately before 1 January 2007; and

                     (b)  was issued under subsection 102(1) of the Radiocommunications Act 1992.

(2)        To avoid doubt, the amendment of subsection 102(1) of the Radiocommunications Act 1992 made by this Schedule does not affect the continuity of the transmitter licence.

95  Transmitter licences issued under section 102A of the Radiocommunications Act 1992

(1)        This item applies to a transmitter licence that:

                     (a)  was in force immediately before 1 January 2007; and

                     (b)  was issued under subsection 102A(1) of the Radiocommunications Act 1992.

(2)        To avoid doubt, the amendment of subsection 102A(1) of the Radiocommunications Act 1992 made by this Schedule does not affect the continuity of the transmitter licence.

 

Schedule 3—Amendments commencing on 1 January 2009

  

Broadcasting Services Act 1992

1  Subsection 6(1) (paragraph (b) of the definition of commercial television broadcasting licence)

Omit “section 41A”, substitute “section 41B or 41C”.

2  After subsection 18(1A)

Insert:

       (1AA)  A SDTV multi‑channelled commercial television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.

3  After section 41A

Insert:

41B  Services authorised by commercial television broadcasting licences during so much of the simulcast period etc. as occurs on or after 1 January 2009

Licences in force immediately before 1 January 2009

             (1)  If:

                     (a)  a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2009; and

                     (b)  the licence authorised the licensee to provide the following 2 services in the licence area:

                              (i)  the core commercial television broadcasting service;

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

the licence is taken to authorise the licensee to provide the following 3 services in the licence area:

                     (c)  the core commercial television broadcasting service;

                     (d)  the HDTV multi‑channelled commercial television broadcasting service;

                     (e)  a SDTV multi‑channelled commercial television broadcasting service;

during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area.

Licences allocated on or after 1 January 2009

             (2)  If a commercial television broadcasting licence for a licence area is allocated on or after 1 January 2009 but before the end of whichever of the following periods is applicable:

                     (a)  the simulcast period for the licence area;

                     (b)  the simulcast‑equivalent period for the licence area;

the licence authorises the licensee to provide the following 3 services in the licence area:

                     (c)  a HDTV multi‑channelled commercial television broadcasting service;

                     (d)  2 SDTV multi‑channelled commercial television broadcasting services;

during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area.

Licences allocated under subsection 40(1)

             (3)  This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).

Definitions

             (4)  In this section:

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

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

simulcast‑equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

41C  Services authorised by commercial television broadcasting licences after the end of the simulcast period etc.

Licences in force immediately before the end of the simulcast period etc.

             (1)  If a commercial television broadcasting licence for a licence area was in force immediately before the end of whichever of the following periods is applicable:

                     (a)  the simulcast period for the licence area;

                     (b)  the simulcast‑equivalent period for the licence area;

then, after the end of the applicable period, the licence is taken to authorise the licensee to provide the following services in the licence area:

                     (c)  one or more HDTV multi‑channelled commercial television broadcasting services;

                     (d)  one or more SDTV multi‑channelled commercial television broadcasting services.

Licences allocated after the end of the simulcast period etc.

             (2)  If a commercial television broadcasting licence for a licence area is allocated after the end of whichever of the following periods is applicable:

                     (a)  the simulcast period for the licence area;

                     (b)  the simulcast‑equivalent period for the licence area;

the licence authorises the licensee to provide the following services in the licence area:

                     (c)  one or more HDTV multi‑channelled commercial television broadcasting services;

                     (d)  one or more SDTV multi‑channelled commercial television broadcasting services.

Licences allocated under subsection 40(1)

             (3)  This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).

Definitions

             (4)  In this section:

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

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

simulcast‑equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

4  After section 115

Insert:

115A  Review of anti‑siphoning provisions

             (1)  Before 31 December 2009, the Minister must cause to be conducted a review of the following matters:

                     (a)  the operation of section 115;

                     (b)  the operation of paragraph 7(1)(ob) of Schedule 2;

                     (c)  the operation of paragraph 10(1)(e) and subclauses 10(1A) and (1B) of Schedule 2;

                     (d)  the operation of Part 4A of Schedule 4;

                     (e)  whether section 115 should be amended or repealed;

                      (f)  whether paragraph 7(1)(ob) of Schedule 2 should be amended or repealed;

                     (g)  whether paragraph 10(1)(e) and subclauses 10(1A) and (1B) of Schedule 2 should be amended or repealed;

                     (h)  whether Part 4A of Schedule 4 should be amended or repealed.

             (2)  The Minister must cause to be prepared a report of a review under subsection (1).

             (3)  The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.

5  Paragraph 7(1)(m) of Schedule 2

After “not broadcast”, insert “, on the core commercial television broadcasting service,”.

6  Paragraph 7(1)(ob) of Schedule 2

Repeal the paragraph, substitute:

                    (ob)  if a clause of Division 1 of Part 4A of Schedule 4 (which imposes restrictions on the televising of anti‑siphoning events) applies to the licensee—the licensee will comply with that clause;

7  Clause 2 of Schedule 4

Insert:

primary commercial television broadcasting service, in relation to a commercial television broadcasting licence, has the meaning given by clause 41G.

8  Clause 2 of Schedule 4

Insert:

primary national television broadcasting service, in relation to a national broadcaster, has the meaning given by clause 41M.

9  Clause 2 of Schedule 4

Insert:

SDTV multi‑channelled commercial television broadcasting service has the meaning given by clause 5A.

10  After clause 5 of Schedule 4

Insert:

5A  SDTV multi‑channelled commercial television broadcasting service

             (1)  For the purposes of this Schedule, a commercial television broadcasting service is a SDTV multi‑channelled commercial television broadcasting service if:

                     (a)  the service is provided by a commercial television broadcasting licensee; and

                     (b)  the service is transmitted in SDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other commercial television broadcasting service provided by the licensee; and

                     (d)  the service is not the core commercial television broadcasting service.

             (2)  Paragraph (1)(d) ceases to have effect at the end of the simulcast period, or simulcast‑equivalent period, for the licence area concerned.

11  After subclause 6(7J) of Schedule 4

Insert:

SDTV multi‑channelled commercial television broadcasting services

         (7JA)  This clause does not apply to a SDTV multi‑channelled commercial television broadcasting service.

12  After subclause 9(1A) of Schedule 4

Insert:

       (1AA)  Subclause (1) does not apply to a SDTV multi‑channelled commercial television broadcasting service.

13  After subclause 38(4) of Schedule 4

Insert:

          (4A)  If:

                     (a)  subsection 41B(2) applies to a commercial television broadcasting licence; and

                     (b)  there is a simulcast period for the licence area of the licence; and

                     (c)  the licensee provides a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service; and

                     (d)  the licensee provides:

                              (i)  another SDTV multi‑channelled commercial television broadcasting service; or

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:

                     (e)  the other SDTV multi‑channelled commercial television broadcasting service; or

                      (f)  the HDTV multi‑channelled commercial television broadcasting service;

unless the program has been previously transmitted on the primary commercial television broadcasting service.

14  Before clause 41C of Schedule 4

Insert:

41A  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a core service

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  there is a simulcast period for the licence area of the licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on a SDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the SDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on a SDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the SDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the SDTV multi‑channelled commercial television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

41B  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a primary service

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  subsection 41B(2) applies to the licence; and

                     (b)  there is a simulcast period for the licence area of the licence; and

                     (c)  during that period, the licensee provides:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service; and

                             (ii)  another SDTV multi‑channelled commercial television broadcasting service (the secondary commercial television broadcasting service).

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the secondary commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(1).

Note 2:       For anti‑siphoning event, see subsection 6(1).

15  After clause 41C of Schedule 4

Insert:

41D  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a primary service

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  subsection 41B(2) applies to the licence; and

                     (b)  there is a simulcast period for the licence area of the licence; and

                     (c)  during that period, the licensee provides a primary commercial television broadcasting service in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(1).

Note 2:       For anti‑siphoning event, see subsection 6(1).

41E  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period

Scope

             (1)  This clause applies to a commercial television broadcasting licensee after the end of the simulcast period for the licence area of the licence if the licensee provides:

                     (a)  a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service in the licence area; and

                     (b)  one or more other SDTV multi‑channelled commercial television broadcasting services (the secondary commercial television broadcasting services) in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the secondary commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(2).

Note 2:       For anti‑siphoning event, see subsection 6(1).

41F  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period

Scope

             (1)  This clause applies to a commercial television broadcasting licensee after the end of the simulcast period for the licence area of the licence.

Televising the whole of an anti‑siphoning event

             (2)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(2).

Note 2:       For anti‑siphoning event, see subsection 6(1).

41G  Primary commercial television broadcasting service

Service provided during the simulcast period

             (1)  If subsection 41B(2) applies to a commercial television broadcasting licence, the ACMA may, by legislative instrument, declare that a specified SDTV multi‑channelled commercial television broadcasting service provided by the licensee during the simulcast period for the licence area of the licence is the licensee’s primary commercial television broadcasting service in the licence area.

Service provided after the end of the simulcast period

             (2)  The ACMA may, by legislative instrument, declare that a specified SDTV multi‑channelled commercial television broadcasting service provided by a commercial television broadcasting licensee after the end of the simulcast period for the licence area of the licence is the licensee’s primary commercial television broadcasting service in the licence area.

16  After clause 41J of Schedule 4

Insert:

41K  SDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period

Scope

             (1)  This clause applies to a national broadcaster after the end of the simulcast period for a coverage area if the national broadcaster provides:

                     (a)  a SDTV multi‑channelled national television broadcasting service that is the broadcaster’s primary national television broadcasting service in the coverage area; and

                     (b)  one or more other SDTV multi‑channelled national television broadcasting services (the secondary national television broadcasting services) in the coverage area.

Televising the whole of an anti‑siphoning event

             (2)  The national broadcaster must not televise on a secondary national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The national broadcaster must not televise on a secondary national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the secondary national television broadcasting service.

Note 1:       For primary national television broadcasting service, see clause 41M.

Note 2:       For anti‑siphoning event, see subsection 6(1).

41L  HDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period

Scope

             (1)  This clause applies to a national broadcaster after the end of the simulcast period for a coverage area.

Televising the whole of an anti‑siphoning event

             (2)  The national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled national television broadcasting service.

Note 1:       For primary national television broadcasting service, see clause 41M.

Note 2:       For anti‑siphoning event, see subsection 6(1).

41M  Primary national television broadcasting service

             (1)  A national broadcaster must, by written notice given to the Minister, declare that a specified SDTV multi‑channelled national television broadcasting service provided by the national broadcaster after the end of the simulcast period for a coverage area is the broadcaster’s primary national television broadcasting service in the coverage area.

             (2)  The national broadcaster must ensure that a declaration under subclause (1) is in force at all times after the end of the simulcast period for the coverage area concerned.

Radiocommunications Act 1992

17  After section 102AA

Insert:

102AB  Transmitter licence—authorisation of SDTV multi‑channelled commercial television broadcasting services during so much of the simulcast period etc. as occurs on or after 1 January 2009

             (1)  If:

                     (a)  immediately before 1 January 2009, there was in force a transmitter licence issued under section 102 or 102A; and

                     (b)  the transmitter licence is held by the licensee of a commercial television broadcasting licence (the related licence); and

                     (c)  the transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting:

                              (i)  the core commercial television broadcasting service in digital mode; and

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

                            in accordance with the related licence, using one or more channels; and

                     (d)  the licensee of the related licence provides, or proposes to provide, a SDTV multi‑channelled commercial television broadcasting service in accordance with the related licence;

the transmitter licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting the SDTV multi‑channelled commercial television broadcasting service, using those channels, during whichever of the following periods is applicable:

                     (e)  the simulcast period for the licence area of the related licence;

                      (f)  the simulcast‑equivalent period for the licence area of the related licence.

             (2)  In this section:

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

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

core commercial television broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

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.

102AC  Transmitter licences—authorisation of commercial television broadcasting services after the end of the simulcast period etc.

             (1)  If:

                     (a)  a transmitter licence issued under section 102 was in force immediately before the end of whichever of the following periods is applicable to the licence area of a commercial television broadcasting licence (the related licence):

                              (i)  the simulcast period for the licence area;

                             (ii)  the simulcast‑equivalent period for the licence area; and

                     (b)  the transmitter licence is held by the licensee of the related licence; and

                     (c)  immediately before the end of the applicable period, the transmitter licence authorised the operation of one or more specified radiocommunications transmitters for transmitting one or more commercial television broadcasting services in accordance with the related licence, using one or more channels;

then, after the end of the applicable period, the transmitter licence authorises the operation of the transmitter or transmitters concerned for transmitting:

                     (d)  one or more HDTV multi‑channelled commercial television broadcasting services; and

                     (e)  one or more SDTV multi‑channelled commercial television broadcasting services;

in accordance with the related licence, using those channels.

             (2)  In this section:

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

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

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

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.