130ATechnical standards for digital transmission—television etc.

130A  Technical standards for digital transmission—television etc.  (1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of any or all of the following services delivered using the broadcasting services bands:  (a) commercial television broadcasting services;  (b) national television broadcasting services;  (c) community television broadcasting services;  (d) subscription television broadcasting services;  (e) subscription television narrowcasting services provided under a class licence;  (ea) open narrowcasting television services provided under a class licence;  (f) datacasting services provided under datacasting licences. Conditional access systems  (2) Standards under subsection (1), to the extent that they deal with conditional access systems, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those systems should be open to all providers of eligible datacasting services. Application program interfaces  (3) Standards under subsection (1), to the extent that they deal with application program interfaces, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those interfaces should be open to all providers of eligible datacasting services.  (6) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.  (7) A national broadcaster must comply with a standard determined under subsection (1). Note 1: For compliance by holders of commercial television broadcasting licences, see clause 7 of Schedule 2. Note 2: For compliance by holders of community television broadcasting licences, see clause 9 of Schedule 2. Note 3: For compliance by holders of subscription television broadcasting licences, see clause 10 of Schedule 2. Note 4: For compliance by providers of television broadcasting services provided under a class licence, see clause 11 of Schedule 2. Note 5: For compliance by holders of datacasting licences, see clause 24 of Schedule 6. application program interface has the meaning generally accepted within the broadcasting industry. conditional access system means a conditional access system that:  (a) relates to the provision of one or more eligible datacasting services; and  (b) allows a provider of an eligible datacasting service to determine whether an end‑user is able to receive a particular eligible datacasting service. eligible datacasting service means:  (a) a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or  (b) a television broadcasting service transmitted in digital mode using the broadcasting services bands. 130AA  Technical standards for digital transmission—radio etc.  (1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission of any or all of the following services using a digital modulation technique:  (a) commercial radio broadcasting services;  (b) national radio broadcasting services;  (c) community radio broadcasting services;  (d) subscription radio broadcasting services provided under a class licence;  (e) subscription radio narrowcasting services provided under a class licence;  (f) open narrowcasting radio services provided under a class licence.  (2) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.  (3) A national broadcaster must comply with a standard determined under subsection (1). Note 1: For compliance by holders of commercial radio broadcasting licences, see clause 8 of Schedule 2. Note 2: For compliance by holders of community radio broadcasting licences, see clause 9 of Schedule 2. Note 3: For compliance by providers of radio broadcasting services provided under a class licence, see clause 11 of Schedule 2. 130AB  Technical standards relating to the operation of multiplex transmitters  (1) The ACMA may, by legislative instrument, determine technical standards that relate to the operation of multiplex transmitters under digital radio multiplex transmitter licences. Note: For compliance, see paragraph 109B(1)(o) of the Radiocommunications Act 1992.  (2) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act. 130AC  Technical standards for digital transmission of television services provided with the use of a satellite  (1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of either or both of the following services:  (b) national television broadcasting services provided with the use of a satellite.  (2) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.  (3) A national broadcaster must comply with a standard determined under subsection (1). Note: For compliance by holders of commercial television broadcasting licences, see paragraph 7A(1)(d) of Schedule 2. 130B  Technical standards for domestic digital reception equipment—television etc.  (1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:  (a) commercial television broadcasting services;  (b) national television broadcasting services;  (c) community television broadcasting services;  (d) subscription television broadcasting services;  (e) television broadcasting services provided under a class licence;  (f) datacasting services provided under datacasting licences.  (c) the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:  (vi) datacasting services provided under datacasting licences; and  (a) the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:  (vi) datacasting services provided under datacasting licences; and  (5) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act. Reception of subscription television broadcasting services  (6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services when used: 130BA  Technical standards for domestic digital reception equipment—radio etc.  (1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted using a digital modulation technique:  (a) commercial radio broadcasting services;  (b) national radio broadcasting services;  (c) community radio broadcasting services;  (d) subscription radio broadcasting services provided under a class licence;  (e) subscription radio narrowcasting services provided under a class licence;  (f) open narrowcasting radio services provided under a class licence.  (c) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique:  (i) commercial radio broadcasting services;  (ii) national radio broadcasting services;  (iii) community radio broadcasting services;  (iv) subscription radio broadcasting services provided under a class licence;  (v) subscription radio narrowcasting services provided under a class licence;  (vi) open narrowcasting radio services provided under a class licence; and  (a) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique:  (i) commercial radio broadcasting services;  (ii) national radio broadcasting services;  (iii) community radio broadcasting services;  (iv) subscription radio broadcasting services provided under a class licence;  (v) subscription radio narrowcasting services provided under a class licence;  (vi) open narrowcasting radio services provided under a class licence; and  (5) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act. Reception of subscription radio broadcasting services  (6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription radio broadcasting services when used: Definition 130BB  Technical standards for domestic digital reception equipment—television services provided with the use of a satellite  (1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted in digital mode:  (b) national television broadcasting services provided with the use of a satellite;  (c) community television broadcasting services provided with the use of a satellite;  (d) open narrowcasting television services provided with the use of a satellite.  (c) the equipment is capable of receiving any or all of the following services transmitted in digital mode:  (i) commercial television broadcasting services provided under a licence allocated under section 38C;  (ii) national television broadcasting services provided with the use of a satellite;  (iii) community television broadcasting services provided with the use of a satellite;  (iv) open narrowcasting television services provided with the use of a satellite; and  (a) the equipment is capable of receiving any or all of the following services transmitted in digital mode:  (i) commercial television broadcasting services provided under a licence allocated under section 38C;  (ii) national television broadcasting services provided with the use of a satellite;  (iii) community television broadcasting services provided with the use of a satellite;  (iv) open narrowcasting television services provided with the use of a satellite; and  (5) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act. Reception of television services provided with the use of a satellite  (6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving any or all of the following transmitted in digital mode:  (b) national television broadcasting services provided with the use of a satellite;  (ba) community television broadcasting services provided with the use of a satellite;  (bb) open narrowcasting television services provided with the use of a satellite; when used:  (c) in isolation; or  (d) in conjunction with any other equipment.  (6A) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to:  (a) determine technical standards under subsection (1); or  (b) vary technical standards determined under subsection (1).  (6B) The ACMA must comply with a direction under subsection (6A). community television broadcasting service means a community broadcasting service that provides television programs. Part 9B—Industry codes and industry standards Division 1—Simplified outline 130C  Simplified outline • Industry codes may be registered by the ACMA. • The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient. • Compliance with industry standards is mandatory. Division 2—Interpretation