114Register of approved implementation plans

114 Register of approved implementation plans

(1) the ACMA is to maintain a register of approved implementation plans.

(2) The register is to be open for public inspection, and a person is entitled to be given a copy of, or an extract from, any entry in the Register.

(3) the ACMA may supply copies of or extracts from the register certified by a member, and a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.

Subdivision D Transmitter licences

115 Transmitter licences

(1) If a holder’s implementation plan is approved the ACMA must, subject to subsections (2), (3) and (4), and to the digital channel plan, issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting services in digital mode, during and after the simulcast period, in accordance with the holder’s commercial television broadcasting licence.

(2) If the holder already holds a suitable transmitter licence for the licence area concerned, the ACMA may vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

(3) If the holder already holds a transmitter licence for the licence area concerned, for test transmissions or for transmission in a remote licence area before the start of the simulcast period, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note Division 10 of this Part deals with transmitter licences issued to support test transmissions. Division 11 of this Part deals with transmitter licences issued to support transmission in a remote licence area before the start of the simulcast period.

(4) If a holder has made an election under subclause 6 (7B) of Schedule 4 to the Act, the ACMA must ensure that:

(a) the transmitter licence, as issued or varied, will authorise the operation of 1 or more transmitters for transmitting the commercial television broadcasting services in digital mode that are, in accordance with the election, to be transmitted using multi‑channelling transmission capacity; and

(b) the ACMA may alter the issue or variation of the licence and require the surrender of the licence if the election is revoked; and

(c) if a subclause 6 (7B) multi‑channelling election is in force in relation to a section 38B exempt licence the ACMA must issue the transmitter licence to the holder of that exempt licence; and

(d) a transmitter licence is issued only if the holder of a section 38B exempt licence provides evidence that it will transmit in SDTV digital mode the services of the other licensees whilst the licence is in operation.