53Replacement transmitter licence after HDTV requirements contravened

53 Replacement transmitter licence after HDTV requirements contravened

(1) This section applies if a holder has surrendered a transmitter licence on the grounds of a contravention of a provision or standard mentioned in paragraph 52 (1) (a), (c), (d) or (e).

Note See subclause 8 (8) of Schedule 4 to the Act. The provisions that are listed deal with HDTV requirements.

(2) The holder may, in writing:

(a) ask the ACMA to arrange for the issue of a transmitter licence to replace the surrendered licence; and

(b) explain why the replacement licence should be issued.

(3) the ACMA:

(a) may ask the holder for more information about the request; and

(b) is not required to consider the request while it is waiting for more information.

(4) the ACMA must consider the request and:

(a) approve it; or

(b) reject it.

Note 1 If the ACMA decides not to arrange for the issue of the replacement licence, 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 not to arrange for the issue of a replacement transmitter licence is reviewable by the AAT: see Act, Schedule 4, clause 62.

(5) If the ACMA approves the request, it must issue a transmitter licence to replace the surrendered licence.

(6) However, the amount of transmission capacity covered by the replacement licence must be less than the amount of transmission capacity covered by the surrendered licence.

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

Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the ACMA may have to set priorities for carrying out its responsibilities.