(1) the ACMA must consider whether to allocate part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of the transmission.
159 the ACMA to issue transmitter licence
Application
(1) This section applies if the ACMA has made a determination under section 34 of the Act allocating part of the radiofrequency spectrum to the holder of a commercial television broadcasting licence for a licence area for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.
(2) If an election is in force under subclause 6 (7B) of Schedule 4 to the Act the ACMA must issue a transmitter licence to the holder of the exempt licence.
(3) A transmitter licence issued under subsection (2) authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the commercial television broadcasting service concerned in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(4) the ACMA may alter or require surrender of the transmitter licence if the multi‑channelling election is revoked.
(5) If no election is in force under subclause 6 (7B) of Schedule 4 to the Act the ACMA must issue a transmitter licence to the holder of the commercial television broadcasting licence.
(6) A transmitter licence issued under subsection (5) authorises the operation of 1 or more specified radio communications transmitters for transmitting the commercial television broadcasting service concerned in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(a) identify conditions to which a transmitter licence issued under subsection (2) or (5) should be subject, including (if appropriate) conditions about:
Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the ACMA may have to set priorities for carrying out its responsibilities.
(8) the ACMA does not guarantee or imply that:
(a) the channel used by the holder for transmission on a test basis will be made available to the holder for any other purpose; or
(b) the characteristics, including technical specifications, in the transmitter licence issued under the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the holder after the holder ceases testing.
Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general commercial broadcasting: for example, power restrictions or a requirement to use equipment in a particular way.
Section 158 - Commercial Television Conversion Scheme 1999 - Allocation of spectrum | Zoe
(9) The period during which the holder may transmit on a test basis is the period for which the ACMA allocates part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.
Note See paragraph 90 (g).
160 Application of Subdivision E
(b) there is a digital channel plan in force for the licence area, or part of a licence area, where the holder wishes to transmit on a test basis; and
(c) the holder wishes to transmit using a channel allotted to the holder by the digital channel plan.
161 the ACMA to issue transmitter licence
(1) If an election is in force under subclause 6 (7B) of Schedule 4 to the Act the ACMA must issue a transmitter licence to the holder of the exempt licence.
(2) A transmitter licence issued under subsection (1) authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the commercial television broadcasting service concerned in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(3) the ACMA may alter or require surrender of the transmitter licence if the multi‑channelling election is revoked.
(4) If no election is in force under subclause 6 (7B) of Schedule 4 to the Act the ACMA must issue a transmitter licence to the holder of the commercial television broadcasting licence.
(5) A transmitter licence issued under subsection (4) authorises the operation of 1 or more specified radio communications transmitters for transmitting the commercial television broadcasting service concerned in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(a) identify conditions to which a transmitter licence issued under subsection (1) or (4) should be subject, including (if appropriate) conditions about:
Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the ACMA may have to set priorities for carrying out its responsibilities.
(7) the ACMA does not guarantee or imply that the characteristics, including technical specifications, in the transmitter licence issued under the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the holder after the holder ceases testing.
Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general commercial broadcasting: for example, power restrictions or a requirement to use equipment in a particular way.
162 Application of Subdivision F
(b) there is a digital channel plan in force for the licence area, or part of a licence area, where the holder wishes to transmit on a test basis; and
(c) the holder wishes to transmit using a channel that has not been allotted to the holder by the digital channel plan.
163 Allocation of spectrum
(1) the ACMA must consider whether to allocate part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of the transmission.
164 the ACMA to issue transmitter licence
Application
(1) This section applies if the ACMA has made a determination under section 34 of the Act allocating part of the radiofrequency spectrum to the holder of a commercial television broadcasting licence for a licence area for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.
(2) If an election is in force under subclause 6 (7B) of Schedule 4 to the Act the ACMA must issue a transmitter licence to the holder of the exempt licence.
(3) A transmitter licence issued under subsection (2) authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the commercial television broadcasting service concerned in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(4) the ACMA may alter or require surrender of the transmitter licence if the multi‑channelling election is revoked.
(5) If no election is in force under subclause 6 (7B) of Schedule 4 to the Act the ACMA must issue a transmitter licence to the holder of the commercial television broadcasting licence.
(6) A transmitter licence issued under subsection (5) authorises the operation of 1 or more specified radio communications transmitters for transmitting the commercial television broadcasting service concerned in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(a) identify conditions to which a transmitter licence issued under subsection (2) or (5) should be subject, including (if appropriate) conditions about:
Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the ACMA may have to set priorities for carrying out its responsibilities.
(8) the ACMA does not guarantee or imply that:
(a) the channel used by the holder for transmission on a test basis will be made available to the holder for any other purpose; or
(b) the characteristics, including technical specifications, in the transmitter licence issued under the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the holder after the holder ceases testing.
Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general commercial broadcasting: for example, power restrictions or a requirement to use equipment in a particular way.
(9) The period during which the holder may transmit on a test basis is the period for which the ACMA allocates part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.