36Transmitter licence

36 Transmitter licence

(1) Subject to subsections (2), (3) and (4), if a holder’s implementation plan is approved, the ACMA must issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode in accordance with the holder’s commercial television broadcasting licence.

(2) If the holder already holds a suitable transmitter licence for the licence area concerned, because of the approval of a previous implementation plan in a series, the ACMA may vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note In the course of approving a series of implementation plans, transmitter licences may be issued that will support later plans in the series. In those circumstances, it may not be necessary for a new transmitter licence to be issued after the approval of each plan in the series.

(3) If the holder already holds a transmitter licence for the licence area concerned, for test transmissions or for transmission in a regional area before the start of the simulcast period, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note Division 10 of this Part deals with transmitter licences issued to support test transmissions. Division 11 of this Part deals with transmitter licences issued to support transmission in a regional area before the start of the simulcast period.

(4) If a holder has made an election under paragraph 6 (5A) (d) or (5AA) (d) of Schedule 4 to the Act, the ACMA must ensure that the licence as issued or varied will, while the election remains in force, authorise the operation of 1 or more transmitters for transmitting the commercial television broadcasting services that are, in accordance with the election, to be transmitted using multi‑channelling transmission capacity.

Note See subclause 6 (5B) of Schedule 4 to the Act.

(5) the ACMA must also:

(a) identify conditions to which the licence should be subject, including (if appropriate) the date of effect of the licence; and

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.