51Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

51 Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

(1) This section applies if a holder:

(a) commences transmission in SDTV digital mode as mentioned in paragraph 6 (3) (a) or (b) of Schedule 4 to the Act; and

(b) ceases transmission in SDTV digital mode during the simulcast period for the licence area concerned.

Note 1 See Act, Schedule 4, subclause 8 (3).

Note 2 Paragraphs 6 (3) (a) and (b) of Schedule 4 to the Act are about when digital transmission is to start.

(1A) This section does not apply to so much of the licence area that is a digital‑only local market area.

(2) the ACMA may give the holder a written direction to:

(a) resume transmission in SDTV digital mode in the area within the period specified in the direction; and

(b) continue transmission in SDTV digital mode throughout the simulcast period for the area.

(a) the period (not longer than 1 month) within which the holder must comply with it; and

(b) a statement that the holder may give the ACMA written reasons identifying exceptional circumstances that prevent the holder from complying with the direction; and

(c) a statement that the holder must surrender each transmitter licence authorising transmission of a service in digital mode in the area if:

(ii) the holder does not satisfy the ACMA that exceptional circumstances exist.

(4) The holder must surrender to the ACMA each transmitter licence authorising digital transmission in the area if the holder:

(a) does not comply with a direction; and

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.