126Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

126 Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

(a) commences SDTV digital transmission on a date identified under section 123 of this Scheme; and

(b) ceases SDTV digital transmission during the simulcast period for the coverage area concerned.

Note Subclause 19 (6A) of Schedule 4 to the Act sets out the policy objective about when SDTV digital transmission is to start. The policy objective is supported by section 123 of this Scheme.

(1A) This section does not apply to so much of the remote coverage area that is a digital‑only local market area.

(2) the ACMA may give the national broadcaster a written direction to:

(a) resume SDTV digital transmission in the area within the period specified in the direction; and

(b) continue SDTV digital transmission throughout the simulcast period for the area.

(a) a statement specifying the period (not longer than 1 month) within which the national broadcaster must comply with it; and

(b) a statement that the national broadcaster may give the ACMA written reasons identifying exceptional circumstances that prevent the national broadcaster from complying with the direction; and

(c) a statement that the national broadcaster must surrender each transmitter licence authorising transmission of a service in digital mode in the area if:

(ii) the national broadcaster does not satisfy the ACMA that exceptional circumstances exist.

(4) The national broadcaster must surrender to the ACMA each transmitter licence authorising digital transmission in the area if:

(a) the national broadcaster did not comply with a direction given under subsection (2); and

(b) the ACMA is not satisfied that there were exceptional circumstances relating to the failure to comply.

(6) Application may be made to the AAT for review of a decision that there were no exceptional circumstances.