(1) the ACMA must consider whether to allocate part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of the transmission.
69 the ACMA to issue transmitter licence
(1) This section applies if the ACMA has made a determination under section 34 of the Act, allocating part of the radiofrequency spectrum to the holder, for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.
(2) Subject to subsection (2A), the ACMA must issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the commercial television broadcasting service concerned in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(2A) Subsection (2) does not apply if the holder was allocated a commercial television broadcasting licence under section 38A or 38B of the Act and:
(a) if the licence was allocated under section 38A – the holder made an election under paragraph 6 (5A) (d) or (5AA) (d) of Schedule 4 to the Act; or
(b) if the licence was allocated under section 38B – the holder made an election under paragraph 6 (5A) (d) of Schedule 4 to the Act; and
the election is still in force at the time the holder applied for approval to transmit on a test basis.
(a) identify conditions to which the licence should be subject, including (if appropriate) the date of effect of the licence; and
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.
(4) the ACMA does not guarantee or imply that the channel it allots to the holder for transmission on a test basis will be allotted to the holder when the ACMA makes the digital channel plan.
(5) The period during which the holder may transmit on a test basis is the period for which the ACMA allocates part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.
Note See subclause 6 (5) of Schedule 4 to the Act.
70 Application of Subdivision E
(b) there is a digital channel plan in force for the licence area, or part of a licence area, where the holder wishes to transmit on a test basis; and
(c) the holder wishes to transmit using a channel allotted to the holder by the digital channel plan.
71 the ACMA to issue transmitter licence
(1) Subject to subsection (1A), the ACMA must issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a commercial television broadcasting service on a test basis in digital mode in accordance with the holder’s commercial television broadcasting licence.
(1A) Subsection (1) does not apply if the holder was allocated a commercial television broadcasting licence under section 38A or 38B of the Act and:
(a) if the licence was allocated under section 38A – the holder made an election under paragraph 6 (5A) (d) or (5AA) (d) of Schedule 4 to the Act; or
(b) if the licence was allocated under section 38B – the holder made an election under paragraph 6 (5A) (d) of Schedule 4 to the Act; and
the election is still in force at the time the holder applied for approval to transmit on a test basis.
(2) the ACMA must also:
(a) identify conditions to which the licence should be subject, including (if appropriate) conditions about:
Note 1 See subclause 6 (5) of Schedule 4 to the Act.
Note 2 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.
(3) the ACMA does not guarantee or imply that the characteristics, including technical specifications, in the transmitter licence issued under section 102A of the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the holder after the holder ceases testing.
Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general commercial broadcasting: for example, power restrictions or a requirement to use equipment in a particular way.
72 Application of Subdivision F
(b) there is a digital channel plan in force for the licence area, or part of a licence area, where the holder wishes to transmit on a test basis; and
(c) the holder wishes to transmit using a channel that has not been allotted to the holder by the digital channel plan.
73 Allocation of spectrum
(1) the ACMA must consider whether to allocate part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of the transmission.
Note The ACMA’s options for publishing the notice are in section 4.
74 the ACMA to issue transmitter licence
(1) This section applies if the ACMA has made a determination under section 34 of the Act, allocating part of the radiofrequency spectrum to the holder, for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.
(2) Subject to subsection (2A), the ACMA must issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a commercial television broadcasting service in digital mode on a test basis in accordance with the holder’s commercial television broadcasting licence.
(2A) Subsection (2) does not apply if the holder was allocated a commercial television broadcasting licence under section 38A or 38B of the Act and:
(a) if the licence was allocated under section 38A – the holder made an election under paragraph 6 (5A) (d) or 6 (5AA) (d) of Schedule 4 to the Act; or
(b) if the licence was allocated under section 38B – the holder made an election under paragraph 6 (5A) (d) of Schedule 4 to the Act; and
the election is still in force at the start of the simulcast period.
(a) identify conditions to which the licence should be subject, including (if appropriate) conditions about:
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.
(4) the ACMA does not guarantee or imply that:
(a) the channel used by the holder for transmission on a test basis will be made available to the holder for any other purpose; or
(b) the characteristics, including technical specifications, in the transmitter licence issued under section 102A of the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the holder after the holder ceases testing.
Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general commercial broadcasting: for example, power restrictions or a requirement to use equipment in a particular way.
(5) The period during which the holder may transmit on a test basis is the period for which the ACMA allocates part of the radiofrequency spectrum to the holder under section 34 of the Act for the purpose of transmitting a commercial television broadcasting service in digital mode on a test basis.
Note See subclause 6 (5) of Schedule 4 to the Act.