3AApplication

3A Application

(1) This Scheme applies to commercial television broadcasting services, but does not apply:

(a) to HDTV multi‑channelled commercial television broadcasting services; and

(aa) to SDTV multi-channelled commercial television broadcasting services, other than a holder’s primary commercial television broadcasting service; and

(b) in relation to a commercial television broadcasting licence if the licence was allocated under section 36 of the Act on or after 1 January 2007; and

(c) in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40 (1) of the Act on or after 1 January 2007; and

(d) in relation to a commercial television broadcasting licence if the licence was allocated under section 38C of the Act.

(2) In this scheme, for the purposes of considering whether the transmission of a service in SDTV digital mode achieved the same level of coverage and potential reception quality as was achieved by the transmission of the service in analog mode at a particular time, disregard:

(a) any transmissions in SDTV digital mode made under a licence allocated under section 38C of the Act; and

(b) any transmissions made by a transmitter used for transmitting one or more commercial television broadcasting services in SDTV digital mode, authorised to operate under a transmitter licence issued under section 100 of the Radiocommunications Act 1992.