174Action by the ACMA if holder reduces quality or coverage of analog service — election under Act

174 Action by the ACMA if holder reduces quality or coverage of analog service — election under Act

(1) If, before the start of the simulcast period, a holder makes an election under subclause 6 (7B) of Schedule 4 to the Act and then reduces the quality or coverage of transmission in analog mode, the ACMA may ask the holder to make a submission about why the holder’s digital transmitter licence should not be surrendered.

(a) consider a submission made under subsection (1); and

(c) give the holder written notice of the decision; and

(d) if the ACMA decides that the holder’s digital transmitter licence should be surrendered — give the holder a written notice requiring the holder to surrender the holder’s digital transmitter licence.

(3) If the ACMA gives a holder a notice under paragraph 174 (2) (d), the holder must:

(a) surrender to ACMA each transmitter licence authorising digital transmission in the relevant licence area; and

(b) comply with any requirements of ACMA for surrendering a digital transmitter licence.

175 Action by the ACMA if holder not broadcasting identical programs in analog and digital modes before simulcast period has commenced

(1) Subsection (2) applies to a holder for a remote licence area if the holder:

(a) holds a commercial television broadcasting licence allocated under a section of the Act other than section 38B of the Act; and

(b) transmits the commercial television broadcasting service concerned in SDTV digital mode in the remote licence area (other than on a test basis) before the commencement of the simulcast period.

(2) The holder must ensure that each program that the holder broadcasts in analog mode before the commencement of the simulcast period is also simultaneously broadcast in SDTV digital mode.

(3) If the holder does not comply with subsection (2), the ACMA may ask the holder to make a submission about why the holder’s digital transmitter licence should not be surrendered.

(4) the ACMA must:

(a) consider a submission made under subsection (3); and

(c) give the holder written notice of the decision; and

(d) if the ACMA decides that the holder’s digital transmitter licence should be surrendered — give the holder a written notice requiring the holder to surrender the holder’s digital transmitter licence.

(5) If the ACMA gives a holder a notice under paragraph 175 (4) (d), the holder must:

(a) surrender to the ACMA each transmitter licence authorising digital transmission in the relevant licence area; and

(b) comply with any requirements of the ACMA for surrendering a digital transmitter licence.