9Preparing draft digital channel plan

9 Preparing draft digital channel plan

(1) If the ACMA wishes to make a digital channel plan, it must prepare a draft version of the plan, having regard to the matters in this section.

(2) the ACMA must have regard to the need to plan the most efficient use of the spectrum for broadcasting services or other uses, including the need for spectrum to be made available for allocation for the purposes of the transmission of datacasting services under, and in accordance with the conditions of, datacasting licences.

(3) the ACMA must have regard to the policy objectives of this scheme mentioned in subclause 6 (3) of Schedule 4 to the Act.

(4) the ACMA must have regard to the objectives set out in subclause 6 (5B) of Schedule 4 to the Act, for the purpose of ensuring that the digital channel plan makes arrangements for a holder that makes an election under paragraph 6 (5A) (d) or (5AA) (d) of that Schedule.

(5) Subsection (4) applies while the election remains in force.

(6) the ACMA may also have regard to the cost to holders, national broadcasters, tower owners, tower operators and site operators of:

(a) allotting particular channels; and

(b) digital transmission using the channels.

(7) the ACMA may also have regard to the likely cost, and disruption, to consumers caused by having to receive commercial television broadcasting services in digital mode using allotted channels.

(8) the ACMA may also have regard to any interference that digital transmission using a particular channel is likely to cause to analog transmission.

(9) If a regional equalisation plan is in force for a particular area, the ACMA may also have regard to the plan.

(10) the ACMA may also have regard to other matters it considers relevant.