38BReduction in coverage and quality of analog transmission

38B Reduction in coverage and quality of analog transmission

(a) the Minister determines that a specified area included in a licence area is a local market area that will become a digital‑only local market area; and

(b) on or after the day the Minister makes the determination:

(i) a holder applies for approval of a variation of the holder’s approved implementation plan for the licence area; and

(ii) the holder reduces, or proposes to reduce, the level of coverage and potential reception quality achieved by the transmission of the commercial television broadcasting service in analog mode in the specified area from the level achieved immediately before the Minister determined that area to be a local market area.

(2) the ACMA may ask the holder to explain:

(a) if the level of coverage and potential reception quality has been reduced — how the holder will ensure that the transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality in the specified area as was achieved by the transmission of the service in analog mode immediately before the reduction; or

(b) if the level of coverage and potential reception quality is proposed to be reduced — how the holder will maintain the same level of coverage and potential reception quality that was in effect in the specified area immediately before the Minister determined that area to be a local market area.

(3) the ACMA is not required to consider the holder’s application while it is waiting for the explanation.

(4) If the ACMA acts under subsection (2), the holder’s implementation plan, as varied, must include provisions to ensure that transmission of the commercial television broadcasting service in digital mode in the digital‑only local market area will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the analog service:

(a) if paragraph (2) (a) applies — immediately before the holder reduced the coverage and potential reception quality; or

(b) if paragraph (2) (b) applies — immediately before the Minister determined that area to be a local market area.

(5) 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.