141Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

141 Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

(1) This section applies if the holder of a commercial television broadcasting licence for a licence area:

(a) commences transmission in SDTV digital mode on or before the date determined under section 138 of this Scheme; and

(b) ceases transmission in SDTV digital mode during the simulcast period for the area.

Note Subclause 6 (6A) of Schedule 4 to the Act sets out the policy objective about the start of SDTV digital transmission. The policy objective is supported by section 138 of this Scheme.

(1A) This section does not apply to so much of the remote licence area that is a digital‑only local market area.

(2) the ACMA may give the holder a written direction to:

(a) resume transmission in SDTV digital mode in the area within the period specified in the direction; and

(b) continue transmission in SDTV digital mode throughout the simulcast period for the area.

(a) the period (not longer than 1 month) within which the holder must comply with it; and

(b) a statement that the holder may give the ACMA written reasons identifying exceptional circumstances that prevent the holder from complying with the direction; and

(c) a statement that the holder must surrender each transmitter licence authorising transmission of a service in digital mode in the area if:

(ii) the holder does not satisfy the ACMA that there were exceptional circumstances why the holder did not resume and continue transmission in accordance with the direction given under subsection (2).

(4) The holder must surrender to the ACMA each transmitter licence authorising digital transmission in the area if:

(a) the holder did not comply with the direction given under subsection (2); and

(b) the ACMA is not satisfied that there were exceptional circumstances relating to the failure to comply.

(6) Application may be made to the AAT for review of a decision that there were no exceptional circumstances.