116Certain arrangements not to result in control or in persons being associates

116  Certain arrangements not to result in control or in persons being associates  (1) A person who is in a position to exercise control of a satellite subscription television broadcasting licence is not taken to be in a position to exercise control of another satellite subscription television broadcasting licence only because of a provision of a contract, arrangement or understanding under which all or any of the following things are done:  (a) a subscriber management system is provided for subscribing to either or both of the subscription television broadcasting services being provided under those licences;  (b) the subscription television broadcasting services being provided under those licences are marketed on a joint basis;  (c) joint use is made of facilities for:  (i) transmitting programs; or  (ii) the operation of disabling devices for restricting access to certain programs;  (d) such other things as are prescribed.  (2) Subsection (1) does not apply to a contract, arrangement or understanding under which, or as a result of which, a person who is in a position to exercise control of a satellite subscription television broadcasting service comes to be in a position to exercise control (whether directly or indirectly) of the selection or provision of a significant proportion of the programs broadcast by another satellite subscription television broadcasting licensee.