28Considering the implementation plan

28 Considering the implementation plan

(1) the ACMA must consider whether an implementation plan is suitable for approval, having regard to:

(2) The application must be in strict compliance with the approved application form, and must have been made by the date specified under section 27.

(3) The application must deal adequately with the matters with which the holder was required to deal by the application form.

(4) Subject to subsection (8), the implementation plan must be consistent with the policy objectives in subclause 6 (3) of Schedule 4 to the Act, and, in particular, the objectives in paragraphs 6 (3) (f), (g), (ga), (j) and (ja).

(5) the ACMA must have regard to the following matters in considering the policy objective in paragraph 6 (3) (f) of Schedule 4 to the Act, and the proposed commercial television broadcasting service in SDTV digital mode:

(a) the technical assumptions published for subsection 6 (1);

(b) whether the proposed emission characteristics of the service are consistent with the technical specifications set out in the digital channel plan for the relevant licence area or part of the licence area;

(c) whether the proposed emission characteristics of the service are satisfactory to ensure that the median field strength of transmission beyond the licence area does not exceed the ACMA’s requirements;

(d) whether the service is likely to interfere with other services;

(e) whether the service will start on or before the start of the simulcast period;

(f) whether the policy objective will be met as soon as practicable after the start of the simulcast period;

(g) whether the holder proposes to transmit commercial television broadcasting services in analog and SDTV digital modes for the entire simulcast period;

(h) whether the holder has consulted other holders about the co‑location of the holders’ transmitters;

(i) whether the holder proposes to co‑locate its own transmitters for transmitting commercial television broadcasting services in analog and SDTV digital modes;

(j) whether the holder has access to each site and broadcasting transmission tower it is proposing to use.

Note Section 29 sets out an additional matter that applies in specific circumstances.

(6) However, if a holder has approval to submit a series of implementation plans for a licence area:

(a) the ACMA must also be satisfied that, if a plan in the series expressly or impliedly varies an earlier approved plan in the series, the variation is suitable for approval under Division 4; and

(b) the ACMA must have regard to the matters in subsection (5) for the whole licence area and for the part of the area to which a plan in the series relates.