Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Television Broadcasting Services (Digital Conversion) Bill 1998
Schedule 2 Amendment of the Radiocommunications Act 1992

   

1  Section 5

Insert:

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

2  After section 9A

Insert:

9B   Digital mode

                   For the purposes of this Act, a service is transmitted in digital mode if the service is transmitted using a digital modulation technique.

3  Subsection 100(1)

Omit “section 102”, substitute “sections 100B, 102 and 102A”.

4  Subsection 100(2)

Omit “decision”, substitute “determination”.

5  Subsection 100(2)

After “subsection 34(1)”, insert “or (3)”.

6  After section 100

Insert:

100A   NBS transmitter licences—authorisation of datacasting services

             (1)  If:

                     (a)  an NBS transmitter licence is or was issued under section 100; and

                     (b)  the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting the national broadcasting service concerned in digital mode using one or more channels;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting datacasting services in digital mode using those channels.

             (2)  In this section:

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

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

100B   NBS transmitter licences required to be issued under digital conversion schemes

             (1)  If the ACA is required, under a scheme in force under clause 19 of Schedule 4 to the Broadcasting Services Act 1992 , to issue an NBS transmitter licence to a national broadcaster, the ACA must issue to the broadcaster an NBS transmitter licence that authorises the operation of one or more specified radiocommunications transmitters for transmitting the national broadcasting service concerned in digital mode.

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

             (3)  In this section:

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 .

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

7  At the end of section 102

Add:

             (3)  If:

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

                     (b)  the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode using one or more channels;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting datacasting services in digital mode using those channels.

8  After section 102

Insert:

102A   Transmitter licences required to be issued under digital conversion schemes

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

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

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

9  Subsections 103(2) and (4)

Omit “101A or 102”, substitute “101A, 102 or 102A”.

10  Subsection 106A(2)

After “102”, insert “or 102A”.

11  Subsection 107(3)

Omit “101A or 102”, substitute “101A, 102 or 102A”.

12  Subsection 108(5)

Omit “101A or 102”, substitute “101A, 102 or 102A”.

13  Subsections 109(1) and (2)

After “102”, insert “or 102A”.

14  Paragraph 111(1)(d)

Omit “101A or 102”, substitute “101A, 102 or 102A”.

15  At the end of section 111

Add:

             (5)  If the ACA is required, under a scheme in force under clause 6 or 19 of Schedule 4 to the Broadcasting Services Act 1992 , to vary the conditions of a transmitter licence, the ACA must, by written notice given to the licensee, vary those conditions accordingly.

16  Subsection 125(2)

Omit “101A or 102”, substitute “101A, 102 or 102A”.

17  Subsection 129(1)

Omit “101A or 102”, substitute “101A, 102 or 102A”.

18  Subsection 130(3)

Repeal the subsection, substitute:

             (3)  In deciding whether to renew the licence, the ACA:

                     (a)  except in the case of a licence issued under section 100B—must have regard to the same matters to which it must have regard under subsections 100(4) and (6) in deciding whether to issue such a licence; and

                     (b)  except in the case of a licence issued under section 100B—may have regard to the same matters to which it may have regard under subsection 100(5) in deciding whether to issue such a licence; and

                     (c)  in the case of a licence issued under section 100B—must have regard to the scheme in force under clause 19 of Schedule 4 to the Broadcasting Services Act 1992 .

19  Subsection 131AB(2)

Repeal the subsection, substitute:

             (2)  In deciding whether to transfer the licence, the ACA:

                     (a)  except in the case of a licence issued under section 100B—must have regard to the same matters to which it must have regard under subsections 100(4) and (6) in deciding whether to issue such a licence; and

                     (b)  except in the case of a licence issued under section 100B—may have regard to the same matters to which it may have regard under subsection 100(5) in deciding whether to issue such a licence; and

                     (c)  in the case of a licence issued under section 100B—must have regard to the scheme in force under clause 19 of Schedule 4 to the Broadcasting Services Act 1992 .

 

 

 

 

 

(68/98)