173Transmitter licence — general

173 Transmitter licence — general

(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 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 on a test basis in accordance with the holder’s commercial television broadcasting licence.

(6) However, if the holder already holds a transmitter licence for the licence area concerned, for test transmissions, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (2) or (5).

Note 1 Division 10 of Part B of this scheme deals with transmitter licences issued to support test transmissions.

Note 2 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.

(a) identify conditions to which a transmitter licence issued under subsection (1) or (4) should be subject, including (if appropriate):

(i) a condition about the date of effect of the licence; and

(ii) a condition that the licence is to be in force until the first‑occurring of the following events:

(A) the day that is 3 months before the start of the simulcast period;

(B) 12 months after the date of effect of the licence; and

(8) the ACMA will ensure, as far as practicable, that the channel used by the holder for transmission will be made available to the holder during the simulcast period.

(9) However, the ACMA does not guarantee or imply that the channel will be made available.

Examples of problems with making channel available during simulcast period

1 The use of the channel is inconsistent with the digital channel plan for the area.