38AHolder must apply for variation in certain circumstances

38A Holder must apply for variation in certain circumstances

(1) A holder must apply to the ACMA for approval of a variation of the holder’s approved implementation plan if:

(a) the Minister has determined that a specified area within the licence area for the holder is a local market area that will become a digital‑only local market area; and

(b) the holder:

(i) has increased the level of coverage and potential reception quality of the holder’s service in analog mode in the specified area since the commencement of Schedule 4 to the Act and before the day the Minister makes the determination; or

(ii) increases the level of coverage and potential reception quality of the holder’s service in analog mode in the specified area on or after the day the Minister makes the determination.

(2) A holder must apply to the ACMA for approval of a variation of the holder’s approved implementation plan if:

(a) the Minister has determined that a specified area within the licence area for the holder is a local market area that will become a digital‑only local market area; and

(b) the determination results in, or is likely to result in, the holder not being able to comply with the holder’s approved implementation plan.

Note Under paragraph 7 (1) (k) of Schedule 2 to the Act, a licensee must comply with the requirements of this scheme.

(3) However, the holder is not required to apply if the implementation plan relates solely to a commercial television broadcasting licence allocated under section 38B of the Act.

(4) The holder must apply to A the ACMA:

(a) if subparagraph (1) (b) (i) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the ACMA; or

(b) if subparagraph (1) (b) (ii) applies — within 30 days of the holder increasing the level of coverage and potential reception quality of the holder’s service in analog mode in the specified area or within such longer period as is notified in writing by the ACMA; or

(c) if subsection (2) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the ACMA.

(5) Subsections 38 (3), (4) and (5) apply to an application under this section.

(6) To avoid doubt, a reference in this section to a holder’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.