139Simulcast period

139 Simulcast period

(1) There is a transitional period for a licence area, to be known as the simulcast period.

Note See Act, Schedule 4, subclauses 6 (7) and (7A).

(2) A holder for the area must, throughout the simulcast period:

(a) transmit simultaneously the commercial broadcasting service concerned in both analog mode and SDTV digital mode in so much of that area as is not a digital‑only local market area; and

(b) ensure that no transmissions of the commercial broadcasting service concerned in analog mode are made in so much of that area as is a digital‑only local market area.

(2A) For the purpose of determining whether a holder has complied, or is complying, with subsection (2), disregard any transmissions made by a transmitter used for transmitting one or more commercial television broadcasting services in SDTV digital mode, authorised to operate under a transmitter licence issued under section 100 of the Radiocommunications Act 1992.

(3) The simulcast period:

(a) begins on the date determined by the ACMA under subsection 138 (1); and

(b) runs for a period that ends on:

(i) if the ACMA determines a date that is before 31 December 2013 — the date determined by the ACMA; or

(ii) if:

(A) the Minister makes a legislative instrument under subclause 6B (2) of Schedule 4 to the Act; and

(B) the ACMA determines a date that is after 31 December 2013;

the date determined by the ACMA; or

(ii) in any other case — 31 December 2013.

Note See subclause 6 (7A) and clause 6B of Schedule 4 to the Act.

(4) Before determining the period for paragraph (3) (b), the ACMA must:

(a) consult with:

(i) the public; and

(ii) holders; and

(iii) national broadcasters; and

(iv) owners and operators of broadcasting transmission towers; and

(v) owners and operators of satellite transmission facilities; and

(b) have regard to any comments it receives during consultation.

(5) the ACMA must publish the determination as soon as practicable after making it.