121HAustralian content: transmission quota for regional/remote commercial television broadcasting licensees

121H  Australian content: transmission quota for regional/remote commercial television broadcasting licensees

Deemed compliance

 (a) apart from this section, a regional/remote commercial television broadcasting licensee did not comply with subsection 121G(2) for a calendar year; and

 (b) the regional/remote commercial television broadcasting licensee gives the ACMA a written notice that:

 (i) states that the regional/remote commercial television broadcasting licensee wants to rely on this section for the calendar year; and

 (ii) specifies a particular metropolitan commercial television broadcasting licensee; and

 (iii) is in a form approved in writing by the ACMA; and

 (c) the notice is given within:

  (i) 30 days after the end of the calendar year; or

 (ii) such longer period as the ACMA allows; and

 (d) the total number of hours of Australian programs that were transmitted by the regional/remote commercial television broadcasting licensee:

 (i) during targeted viewing hours in the calendar year; and

 (ii) on such of its secondary commercial television broadcasting services as were equivalent to secondary commercial television broadcasting services of the metropolitan commercial television broadcasting licensee (the equivalent metropolitan secondary commercial television broadcasting services);

  was not less than the total number of hours of Australian programs transmitted by the metropolitan commercial television broadcasting licensee:

 (iii) during targeted viewing hours in the calendar year; and

 (iv) on the equivalent metropolitan secondary commercial television broadcasting services;

the regional/remote commercial television broadcasting licensee is taken to have complied with subsection 121G(2) for the calendar year.

Publication of copy of notice

 (2) If a notice is given under paragraph (1)(b), the ACMA must publish a copy of the notice on the ACMA’s website.

Application of subsection 121G(3)

 (3) Subsection 121G(3) applies to paragraph (1)(d) in a corresponding way to the way in which it applies to subsection 121G(2).

Equivalent services

 (4) For the purposes of this section, if the program content of a secondary commercial television broadcasting service provided by a regional/remote commercial television broadcasting licensee is the same, or substantially the same, as the program content of a secondary commercial television broadcasting service provided by a metropolitan commercial broadcasting licensee, then those services are equivalent to each other.