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This Declaration provides that under clause 41G of Schedule 4 to the Broadcasting Services Act 1992, a particular ‘SDTV multi-channelled commercial television broadcasting service’ to be ‘primary commercial television broadcasting service’ for commercial television broadcasting licensees in their licence areas.
Administered by: Communications and the Arts
Registered 28 Jun 2010
Tabling HistoryDate
Tabled HR28-Sep-2010
Tabled Senate28-Sep-2010

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.

Dated    24 June 2010

Chris Chapman
[signed]
Member

Malcolm Long
[signed]
Member / General Manager


1              Name of Declaration

                This Declaration is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010.

2              Commencement

                This Declaration commences on the day after it is registered.

3              Definitions

                In this Declaration:

Act means the Broadcasting Services Act 1992.

end of the simulcast-equivalent period means, in relation to a licence area, the day on which the simulcast-equivalent period, determined by the ACMA under clause 4C of Schedule 4 to the Act for the licence area, ends.

end of the simulcast period means:

(a)    in relation to a licence area that is not a remote licence area –  the day on which the simulcast period, determined by the Minister under clause 6A of Schedule 4 to the Act for the licence area, ends;

(b)   in relation to a licence area that is a remote licence area – the day on which the simulcast period, determined by the ACMA under subclause 6(7A) of Schedule 4 to the Act for the licence area, ends.

remote licence area has the meaning given by clause 5 of Schedule 4 to the Act.

SDTV multi-channelled commercial television broadcasting service has the meaning given by clause 5A of Schedule 4 to the Act.

simulcast-equivalent period has the same meaning given by paragraph (a) of the definition of simulcast-equivalent period in clause 2 of Schedule 4 to the Act.

simulcast period has the meaning given by paragraphs (a) and (b) of the definition of simulcast period in clause 2 of Schedule 4 to the Act.

Note    For the definitions of other expressions used in this Declaration, see section 6 of the Act.

 

 

4              Declaration of primary commercial television broadcasting service after the end of the simulcast period or simulcast-equivalent period

 

(1)   Under subclause 41G(2) of Schedule 4 to the Act, the ACMA declares that the SDTV multi-channelled commercial television broadcasting service specified in column 4 of an item in the table in Schedule 1 is the primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.

 

(2)   Subsection (1) has effect, in relation to a commercial television broadcasting licence, from the end of the simulcast period, or from the end of the simulcast-equivalent period (as the case may be), for the licence area of that licence.

 

(3)   In determining whether a particular SDTV multi-channelled commercial television broadcasting service is specified in column 4 of the table in Schedule 1, regard may be had to:

(a)          any watermark or image that:

(i)      is displayed during programs provided as part of the service; and

(ii)    identifies the service; and

(b)          any name or logo used in relation to the service in publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.

(4)   Subsection (3) does not limit the matters to which regard may be had in determining whether an SDTV multi-channelled commercial television broadcasting service is the service specified in column 4 of the table in Schedule 1.

 

 

 

                 

 

 


Schedule 1        Primary commercial television broadcasting services after the end of a simulcast period or simulcast-equivalent period

(section 4)

Table 1  Primary commercial television broadcasting services

 

 

Item

Column 1

Licence Area

Column 2

Service licence number

Column 3

SDTV multi-channelled commercial television broadcasting services provided at end of simulcast period, or end of simulcast-equivalent period

Column 4

Primary Commercial Television Broadcasting Service

1

Mildura/Sunraysia TV1

SL10088

WIN, GO!

WIN

2

Mildura/Sunraysia TV1

SL10089

PRIME, 7TWO PRIME

PRIME

3

Mildura/Sunraysia TV1

SL1150827

TEN Mildura, ONE SD

TEN Mildura

 

Note:      Columns 1 and 3 are included for information only.

 

 

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.