26Preparation of licence area plans

26  Preparation of licence area plans  (1) The ACMA must, by legislative instrument, prepare licence area plans that determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands.  (1A) To the extent to which a licence area plan prepared under subsection (1) deals with:  (a) digital commercial radio broadcasting services; or  (b) digital community radio broadcasting services; or  (c) digital national radio broadcasting services; the licence area plan is not required to determine the technical specifications of those services. Television licence area plans  (1B) The ACMA may, by legislative instrument, prepare licence area plans that:  (a) specify the channels that are to be available in particular areas of Australia to provide the following services:  (iii) other television broadcasting services;   with the use of the broadcasting services bands; and  (b) allot, or empower the ACMA to allot, those channels to:  (i) particular commercial television broadcasting licensees; or  (ii) particular national broadcasters; or  (iii) particular providers of television broadcasting services (other than commercial television broadcasting licensees or national broadcasters);   as the case requires; and  (c) determine the characteristics, including technical specifications, of the transmission of each of the following services:  (iii) other television broadcasting services;   using those channels; and  (d) determine, or empower the ACMA to determine, any technical limitations on the use of a particular channel that the ACMA considers should be applicable; and  (e) determine, or empower the ACMA to determine, whether the use of a particular channel depends on any event or circumstances that the ACMA considers should be applicable.  (1C) A licence area plan prepared under subsection (1B) is to be known as a television licence area plan.  (1D) A television licence area plan may allot, or empower the ACMA to allot, different channels to:  (a) a particular commercial television broadcasting licensee; or  (b) a particular national broadcaster; or  (c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster); for different periods.  (1E) A television licence area plan may allot, or empower the ACMA to allot, 2 or more channels to:  (a) a particular commercial television broadcasting licensee; or  (b) a particular national broadcaster; or  (c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster).  (1F) To avoid doubt, and without limiting the operation of this section, a television licence area plan may allot, or empower the ACMA to allot, a channel to 2 or more particular commercial television broadcasting licensees.  (1G) A television licence area plan does not need to identify a particular television broadcasting service by name.  (1M) Section 23 has effect as if a function or power conferred on the ACMA by a television licence area plan were a function conferred on the ACMA by this section. Variation  (2) The ACMA may, by legislative instrument, vary a licence area plan.  (8) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to make or vary a licence area plan for a particular area.  (9) The ACMA must comply with a direction under subsection (8). Legislative instruments  (11) If a determination made by the ACMA under a television licence area plan is in writing, the determination is not a legislative instrument.  (13) In this section: television broadcasting service means a broadcasting service that provides television programs. Note: For designation of licence areas, see section 29. 26AA  Compliance with television licence area plan  (a) a television licence area plan is applicable to the transmission of one or more commercial television broadcasting services in a particular area; and  (b) those services are provided under a particular commercial television broadcasting licence; the licensee must not transmit any of those commercial television broadcasting services in that area otherwise than in accordance with the television licence area plan.  (a) a television licence area plan is applicable to the transmission of one or more national television broadcasting services in a particular area; and  (b) those services are provided by a particular national broadcaster; the national broadcaster must not transmit any of those national television broadcasting services in that area otherwise than in accordance with the television licence area plan.  (a) a television licence area plan is applicable to the transmission of one or more television broadcasting services in a particular area; and  (b) those services are not provided:  (i) under a commercial television broadcasting licence; or  (ii) by a national broadcaster; the provider of those television broadcasting services must not transmit any of those services in that area otherwise than in accordance with the television licence area plan. television broadcasting service means a broadcasting service that provides television programs.