142Surrender of transmitter licence (SDTV or HDTV requirements contravened)

142 Surrender of transmitter licence (SDTV or HDTV requirements contravened)

(1) The holder of a commercial television broadcasting licence is required to surrender 1 or more transmitter licences authorising analog transmission or authorising digital transmission if the holder does not comply with:

(a) paragraph 7(1)(ma) of Schedule 2 to the Act; or

(aa) paragraph 7(1)(mb) of Schedule 2 to the Act; or

(b) a SDTV commercial television format standard; or

(c) a HDTV commercial television format standard; or

(d) a standard applicable to the holder under subclause 37G (1) of Schedule 4 to the Act; or

(e) a standard applicable to the holder under subclause 37G (2) of Schedule 4 to the Act.

Note See subclause 8 (10) of Schedule 4 to the Act.

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

(a) identifying the contravention; and

(b) directing the holder to comply with the requirement, provision or standard.

(a) a statement specifying 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 exceptional circumstances exist; and

(d) a statement that the holder may apply for a transmitter licence to replace a transmitter licence surrendered under this section.

Note A transmitter licence issued to replace a surrendered transmitter licence will have less transmission capacity than the transmission capacity specified in the surrendered licence: see subsection 143 (6) of this Scheme.

(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 a direction; 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.