94Preparing draft digital channel plan

94 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:

(a) 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; and

(b) the policy objectives mentioned in section 90, in particular the policy objective mentioned in paragraph 90 (d).

(3) For subsection (2), the objective mentioned in paragraph 90 (d) is more important than the need mentioned in paragraph (2) (a).

(4) the ACMA may also have regard to:

(a) the cost, to holders, national broadcasters, tower owners, tower operators and site operators, of:

(i) allotting particular channels; and

(ii) digital transmission using the channels; and

(b) the likely cost, and disruption, to consumers caused by having to receive commercial television broadcasting services in digital mode using allotted channels; and

(c) any interference that digital transmission using a particular channel is likely to cause to analog transmission; and

(d) if a regional equalisation plan is in force for a particular area — the plan; and

(e) other matters it considers relevant.