6Direction — ACMA to consider whether to vary a LAP

6 Direction – ACMA to consider whether to vary a LAP

(1) I direct the ACMA under section 14 of the ACMA Act to consider whether to exercise its powers under subsection 26(2) of the BSA to vary each LAP to the extent that it deals with:

(a) commercial television broadcasting services;

(b) national television broadcasting services;

(c) digital radio broadcasting services (as the case requires);

(d) other television broadcasting services (as the case requires).

(2) Pursuant to subclause (1), I direct the ACMA to have regard to the digital dividend policy objectives when considering whether (and, if so, how) to vary each LAP.

Licence area planning for metropolitan licence areas

(3) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a metropolitan licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that, where practicable, it is desirable for all television broadcasting services transmitted in digital mode and digital radio broadcasting services to be located in the same frequency band.

Licence area planning for regional licence areas and remote licence areas

(4) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a regional licence area or a remote licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that licence area planning that is not necessary for, or directly consequential to, achieving the digital dividend policy objectives should, wherever possible:

(a) minimise disruption for the affected television audience including, but not limited to, disruption caused by the need to re‑orientate, upgrade or replace antennas;

(b) minimise the financial impact on affected commercial television broadcasting services and national television broadcasting services.