52Surrender of transmitter licence (SDTV or HDTV requirements contravened)

52 Surrender of transmitter licence (SDTV or HDTV requirements contravened)

(1) This section applies if the holder of a commercial television broadcasting licence for a licence area contravenes any of the following provisions or standards:

(a) paragraph 7 (1) (ma) of Schedule 2 to the Act;

(b) a SDTV commercial television format standard;

(c) a HDTV commercial television format standard;

(d) subclause 37E (1) of Schedule 4 to the Act;

(e) a standard under subclause 37E (3) of Schedule 4 to the Act.

Note See subclause 8 (7) of Schedule 4 to the Act.

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

(a) identifying the contravention; and

(b) directing the holder to comply with the provision or standard.

(a) a statement specifying 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; and

(d) a statement that the holder may apply for a transmitter licence to replace a transmitter licence surrendered under this section.

Note A transmitter licence issued to replace a surrendered transmitter licence will have less transmission capacity than that which was mentioned in the surrendered licence: see subsection 53 (6) of this scheme.

(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.