(a) except in a case where the licence was allocated under section 38C or subsection 40(1)—the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;
(b) the licensee will remain a suitable licensee;
(ba) if a requirement under Division 5D of Part 5 (which sets out local programming requirements) applies to the licensee—the licensee will comply with that requirement;
(c) except in a case where the licence was allocated under section 38C or subsection 40(1)—the licensee will broadcast matter of a religious nature during such periods as the ACMA determines and, if the ACMA so directs, will do so without charge;
(2A) Each commercial television broadcasting licence is also subject to the condition that the licensee will not provide commercial television broadcasting services under the licence outside the licence area of the licence unless:
(a) the provision of those services outside that licence area occurs accidentally; or
(b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial television broadcasting services within the licence area; or
(c) both:
(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and
(ii) the ACMA has given permission in writing; or
(d) all of the following subparagraphs apply:
(i) the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person) who is in a commercial television broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial television broadcasting service or services provided by a commercial television broadcasting licensee for the second licence area;
(ii) the provision of the first‑mentioned services outside the first‑mentioned licence area occurs only to the extent necessary to provide adequate reception of the first‑mentioned services to the eligible person;
(iii) the ACMA has given permission in writing.
Division 2—Licences allocated under section 38C
7A Common conditions
(1) A licence allocated under section 38C is subject to the following conditions:
(a) the licensee may only provide commercial television broadcasting services in digital mode (within the meaning of Schedule 4);
(b) the licensee may only provide commercial television broadcasting services with the use of a satellite;
(c) if a conditional access scheme for the licence area is registered under Part 9C—the licensee will ensure that any conditional access system that relates to any of the commercial television broadcasting services provided under the licence complies with the scheme;
(d) the licensee will comply with any standards under section 130AC (which deals with technical standards for digital transmission).
(2) Paragraphs 7(1)(i) and (oa) of this Schedule do not apply to a licence allocated under section 38C.
7B Conditions about the provision of primary commercial television broadcasting services
Conditions about the provision of primary services
(1) A licence allocated under section 38C is subject to the condition that, if there are at least 3 commercial television broadcasting services (the related terrestrial primary services), where each of the services:
(a) is provided by a terrestrial licensee in a related terrestrial licence area; and
(b) is a primary commercial television broadcasting service; and
(c) is distinct from each of the other services;
the section 38C licensee will provide at least 3 commercial television broadcasting services, where:
(d) the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial primary service; and
(e) each of the services is distinct from each of the other services.
(2) A licence allocated under section 38C is subject to the condition that, if there are only 2 commercial television broadcasting services (the related terrestrial primary services), where each of the services:
(a) is provided by a terrestrial licensee in a related terrestrial licence area; and
(b) is a primary commercial television broadcasting service; and
(c) is distinct from the other service;
the section 38C licensee will provide:
(d) 2 commercial television broadcasting services, where:
(i) the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial primary service; and
(ii) the services are distinct from one another; and
(e) one commercial television broadcasting service, where:
(i) the program content of the service is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
(ii) the service is distinct from each of the services required to be provided by paragraph (d).
(3) A licence allocated under section 38C is subject to the condition that, if:
(a) neither subclause (1) nor subclause (2) applies; and
(b) there is a commercial television broadcasting service (the related terrestrial primary service), where:
(i) the service is provided by a terrestrial licensee in a related terrestrial licence area; and
(ii) the service is a primary commercial television broadcasting service;
the section 38C licensee will provide:
(c) one commercial television broadcasting service that has program content that is the same, or substantially the same, as the program content of the related terrestrial primary service; and
(d) 2 commercial television broadcasting services, where:
(i) the program content of each of the services is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
(ii) the services are distinct from each other and from the service required to be provided by paragraph (c).
Exemption—cessation of related terrestrial primary service
(5) If:
(a) in compliance with subclause (1), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and
(b) the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and
(c) as a result of the cessation of the service, subclause (2) applies to the section 38C licensee;
subclause (2) has effect in relation to the section 38C licensee, while the cessation continues, as if paragraph (2)(e) had not been enacted.
(6) If:
(a) in compliance with subclause (2), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and
(b) the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and
(c) as a result of the cessation of the service, subclause (3) applies to the section 38C licensee;
then, while the cessation continues:
(d) subclause (3) has effect in relation to the section 38C licensee as if paragraph (3)(d) had not been enacted; and
(e) the section 38C licence is subject to the condition that the section 38C licensee will provide one commercial television broadcasting service, where:
(i) the program content of the service is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
(ii) the service is distinct from the service required to be provided by paragraph (3)(c).
Distinct services
(7) For the purposes of this clause, a commercial television broadcasting service is distinct from another commercial television broadcasting service if, and only if, the program content of the services is not the same or substantially the same.
Note: For metropolitan licence area, related terrestrial licence area and terrestrial licence, see clause 7L.
7C Conditions about the provision of non‑primary commercial television broadcasting services
HDTV multi‑channelled commercial television broadcasting services
(1) A licence allocated under section 38C is subject to the condition that, if:
(a) the licensee of a terrestrial licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
(aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and
(b) the licensee of a terrestrial licence for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
(c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service.
(2) A licence allocated under section 38C is subject to the condition that, if:
(a) the licensee of a terrestrial licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
(aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and
(b) there is no HDTV multi‑channelled commercial television broadcasting service that:
(i) is provided by the licensee of a terrestrial licence for a related terrestrial licence area; and
(ii) has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the metropolitan service.
(4) Subclause (2) does not apply to a HDTV multi‑channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after 10 December 2013.
(5) If:
(a) the licensee of a commercial television broadcasting licence for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
(aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and
(b) the licensee of a terrestrial licence for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
(c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and
(d) in compliance with subclause (1), the licensee of a licence allocated under section 38C provides a HDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service; and
(e) the related terrestrial service ceases to be provided by the terrestrial licensee in the related terrestrial licence area;
subclause (2) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues.
SDTV multi‑channelled commercial television broadcasting services
(6) A licence allocated under section 38C is subject to the condition that, if:
(a) the licensee (the metropolitan licensee) of a commercial television broadcasting licence for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
(b) the metropolitan service is not the primary commercial television broadcasting service provided by the metropolitan licensee; and
(c) the licensee of a terrestrial licence for a related terrestrial licence area provides a SDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
(d) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a SDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service.
(7) A licence allocated under section 38C is subject to the condition that, if:
(a) the licensee (the metropolitan licensee) of a commercial television broadcasting licence for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
(b) the metropolitan service is not the primary commercial television broadcasting service provided by the metropolitan licensee; and
(c) there is no SDTV multi‑channelled commercial television broadcasting service that:
(i) is provided by the licensee of a terrestrial licence for a related terrestrial licence area; and
(ii) has the same, or substantially the same, program content as the metropolitan service;
the section 38C licensee will provide a SDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the metropolitan service.
(9) Subclause (7) does not apply to a SDTV multi‑channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after 10 December 2013.
(10) If:
(a) the licensee (the metropolitan licensee) of a commercial television broadcasting licence for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service (the metropolitan service) in the metropolitan licence area; and
(b) the metropolitan service is not the primary commercial television broadcasting service provided by the metropolitan licensee; and
(c) the licensee of a terrestrial licence for a related terrestrial licence area provides a SDTV multi‑channelled commercial television broadcasting service (the related terrestrial service) in the related terrestrial licence area; and
(d) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and
(e) in compliance with subclause (6), the licensee of a licence allocated under section 38C provides a SDTV multi‑channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service; and
(f) the related terrestrial service ceases to be provided by the terrestrial licensee in the related terrestrial licence area;
subclause (7) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues.
Note: For metropolitan licence area, related terrestrial licence area and terrestrial licence, see clause 7L.
7D Condition about the provision of local news services
(1) A licence allocated under section 38C is subject to the condition that, if a program is provided, or required to be provided, to the licensee by another licensee under subsection 43AA(1), the section 38C licensee will broadcast the program on a service authorised by paragraph 41CA(1)(c), (f), (fb), (fd) or (g) as soon as practicable after the other licensee begins to broadcast the program.
(2) Subclause (1) does not apply if the section 38C licensee has previously broadcast the program on such a service.
(3) Subclause (1) does not apply to a program the broadcasting of which in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:
(a) committing an offence; or
(b) becoming liable to a civil penalty; or
(c) breaching an order or direction of a court; or
(d) being in contempt of court.
7E Exemption—provision of new commercial television broadcasting services not technically feasible
If:
(a) a licence is allocated under section 38C; and
(b) a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area commences to provide, or proposes to commence to provide:
(i) a HDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or
(ii) a SDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and
(c) apart from this clause, the licensee of the section 38C licence is, or will be, required to provide: