50Surrender of transmitter licence (failure to commence SDTV digital transmission)

50 Surrender of transmitter licence (failure to commence SDTV digital transmission)

(1) This section applies if a holder:

(a) does not commence transmission in SDTV digital mode for a licence area as mentioned in paragraph 6 (3) (a) or (b) of Schedule 4 to the Act; and

Note 1 See Act, Schedule 4, subclause 8 (2).

Note 2 Paragraphs 6 (3) (a) and (b) of Schedule 4 to the Act set out policy objectives about when digital transmission is to start. The policy objectives are supported by sections 47 and 48.

(2) The holder must surrender to the ACMA each transmitter licence authorising digital transmission in the area.

Note 1 If the ACMA decides that exceptional circumstances do not exist, it must notify the holder and give the holder the statements mentioned in clause 63 of Schedule 4 to the Act.

Note 2 A decision by the ACMA that exceptional circumstances do not exist is reviewable by the AAT: see Act, Schedule 4, clause 62.

(3) The holder must comply with any requirements of the ACMA for surrendering a transmitter licence.