127Surrender of transmitter licence (SDTV or HDTV requirements contravened)

127 Surrender of transmitter licence (SDTV or HDTV requirements contravened)

(1) This section applies if a national broadcaster transmitting in a coverage area contravenes:

(a) subclause 35AA (2) of Schedule 4 to the Act; or

(b) an SDTV national television format standard; or

(c) an HDTV national television format standard; or

(d) a standard applicable to the national broadcaster under subclause 37H (1) of Schedule 4 to the Act; or

(e) a standard applicable to the national broadcaster under subclause 37H (2) of Schedule 4 to the Act.

Note See subclause 23 (10) of Schedule 4 to the Act.

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

(a) identifying the contravention; and

(b) directing the national broadcaster to comply with the provision or standard.

(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; and

(d) a statement that the national broadcaster may apply for a transmitter licence to replace a transmitter licence surrendered under this section.

Note A transmitter licence issued to replace a surrendered transmitter licence will have less transmission capacity than that which was mentioned in the surrendered licence: see subsection 129 (2) of this Scheme.

(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; 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.