Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZH

Declaration

  (1)   If:

  (a)   the ACMA is satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in a particular area (the relevant area ) is less than the number of commercial television broadcasting services required by clauses   7B and 7C of Schedule   2 to be provided under a commercial television broadcasting licence allocated under section   38C; and

  (b)   the relevant area is included in a terrestrial licence area; and

  (c)   the terrestrial licence area is wholly or partly included in the licence area of the section   38C licence;

the ACMA must, by legislative instrument, declare that the relevant area is a declared service - deficient area for the purposes of this Part.

Revocation

  (4)   If:

  (a)   a declaration is in force under subsection   (1) in relation to a particular area (the relevant area ); and

  (b)   the relevant area is included in a terrestrial licence area; and

  (c)   the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section   38C; and

  (d)   the ACMA is not satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in the relevant area is less than the number of commercial television broadcasting services provided under the section   38C licence;

the ACMA must, by legislative instrument, revoke the declaration.

Certain satellite services to be disregarded

  (5)   For the purposes of subsections   (1) and (4), disregard a commercial television broadcasting service provided under a section   38C licence if the service is authorised by paragraph   41CA(1)(g).

Definitions

  (6)   In this section:

"number" includes zero.

"terrestrial licence" means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section   38C or subsection   40(1).

"terrestrial licence area" means the licence area of a terrestrial licence.

Note:   For applicable terrestrial digital commercial television broadcasting services , see section   130ZG.