93Content of digital channel plan

93 Content of digital channel plan

(1) Subject to this section, a digital channel plan must allot channels to holders.

(2) A digital channel plan must also explain any technical limitations on the use of a particular channel that the ACMA believes should be shown.

(3) A digital channel plan must also explain whether the use of a channel depends on any event or circumstances described in the plan.

If a channel is currently being used by another service, the use of the channel for digital transmission may depend on the other service vacating the channel, possibly by a particular date.

(4) If:

(a) a holder was allocated a licence under subsection 38B of the Act (the first holder); and

(b) an election was made under subclause 6 (7B) of Schedule 4 to the Act by:

(i) if the first holder was allocated a licence under subsection 38B (5) – the holders of the parent licences; or

(ii) if the first holder was allocated a licence under subsection 38B (6), (7), (8) or (9) – the first holder; and

(c) the election is still in force;

then:

(d) a digital channel plan that relates to the first holder may allot one or more channels to:

(i) if the first holder was allocated a licence under subsection 38B (5) – either or both of the holders of the parent licences; or

(ii) if the first holder was allocated a licence under subsection 38B (6), (7), (8) or (9) – the first holder;

for the purposes of transmitting the commercial television broadcasting services provided under:

(iii) each parent licence; and

(iv) the first holder’s commercial television broadcasting licence; and

(e) a digital channel plan that relates to the first holder must be directed towards the achievement of the objective mentioned in subclause 6 (7H) of Schedule 4 to the Act.

Note 1 Subclause 6 (7H) of Schedule 4 to the Act provides for the objective that, while an election is in force under subclause 6 (7B), each remote area service for a remote area licence should be authorised to be transmitted in SDTV digital mode using multi-channelling transmission capacity.

Note 2 If a holder was allocated a licence under subsection 38B (6), (7), (8) or (9), the holder will have two commercial television broadcasting licences. If a holder was allocated a licence under subsection 38B (5), the holder will have only one commercial television broadcasting licence and will be jointly owned by two other holders, each of which will hold a commercial television broadcasting licence.

(5) If subsection (4) applies: