83Transmitter licence — general

83 Transmitter licence — general

(1) Subject to subsections (1A) and (2), if the ACMA approves the application, the ACMA must issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a broadcasting service 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 before the start of the simulcast period.

(2) However, if the holder already holds a transmitter licence for test transmissions in the licence area concerned, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note 1 Division 10 of this Part deals with transmitter licences issued to support test transmissions.

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.

(a) identify conditions to which the licence should be subject, including (if appropriate):

(i) a condition about the date of effect of the licence; and

(ii) a condition that the licence is to be in force until the date mentioned in section 27; and

Note The date mentioned in section 27 is the date on or before which a holder is required to apply for approval of an implementation plan.

(4) the ACMA will ensure, as far as practicable, that the channel used by the holder for transmission will be made available to the holder during the simulcast period.

(5) However, the ACMA does not guarantee or imply that the channel will be made available.

Examples of problems with making channel available during simulcast period

1 The use of the channel is inconsistent with the digital channel plan for the area.

2 The holder is required under this Scheme to surrender a transmitter licence relating to the channel.

3 A transmitter licence relating to the channel is cancelled under the Act.