176Digital Transmitter licences

176 Digital Transmitter licences

(1) This section applies to the holder of a section 38B licence if a digital transmitter licence is issued and a subclause 6 (7B) multi‑channelling election is in force.

(2) If a service provided by the holder of a broadcasting licence, to which the subclause 6 (7B) multi‑channelling election referred to in subsection (1) applies, is not being transmitted:

(a) in digital mode; or

(b) in an identical form to the analog form of the service;

the holder of the digital transmitter licence under which the service is to be transmitted must make a written submission to the ACMA explaining why its digital transmitter licence should not be surrendered.

(3) On receiving a written submission from the holder of a digital transmitter licence the ACMA must:

(a) consider the written submission; and

(c) give notice of the decision to the holders of all broadcasting licences with services that are broadcast over that transmitter; and

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

(4) the ACMA may also, before making a decision under paragraph 176 (3) (b), request a written submission from other broadcasters to which a multi‑channelling election applies.

(5) If the ACMA requests a submission under subsection (4) it must consider the submission before making a decision under paragraph 176 (3) (b).

Note Section 177 has been reserved for future use.

(6) If the ACMA gives a holder a notice under paragraph 176 (3) (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.