111BReduction in coverage and quality of analog transmission

111B Reduction in coverage and quality of analog transmission

(a) the Minister determines that a specified area included in a remote coverage area is a local market area that will become a digital‑only local market area; and

(b) on or after the day the Minister makes the determination:

(i) a national broadcaster applies for approval of a variation of the national broadcaster’s approved implementation plan for the licence area; and

(ii) the national broadcaster reduces, or proposes to reduce, the level of coverage and potential reception quality achieved by the transmission of the national television broadcasting service in analog mode in the specified area from the level achieved immediately before the Minister determined that area to be a local market area; and

(c) the Minister has directed the ACMA to give the Minister a report for subclause 20 (5) of Schedule 4 to the Act.

(2) For the purpose of providing a report to the Minister, the ACMA may request the national broadcaster to explain:

(a) if the level of coverage and potential reception quality has been reduced — how the national broadcaster will ensure that the transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality in the specified area as was achieved by the transmission of the service in analog mode immediately before the reduction; or

(b) if the level of coverage and potential reception quality is proposed to be reduced — how the national broadcaster will maintain transmission in SDTV digital mode at the same level of coverage and potential reception quality that was in effect in the specified area immediately before the Minister determined that area to be a local market area.

(3) the ACMA must send a copy of its request to the Minister.

(4) the ACMA is not required to prepare its report to the Minister while it is waiting for the explanation to be provided by the national broadcaster.

(5) If the ACMA acts under subsection (2), the national broadcaster’s implementation plan, as varied, must include provisions to ensure that transmission of the service in digital mode in the digital‑only local market area will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the analog service:

(a) if paragraph (2) (a) applies — immediately before the national broadcaster reduced the coverage and potential reception quality; or

(b) if paragraph (2) (b) applies — immediately before the Minister determined that area to be a local market area.

(6) The Minister is not required to consider the national broadcaster’s application while the Minister is waiting for the ACMA’s report.