128Replacement transmitter licence after HDTV requirements contravened

128 Replacement transmitter licence after HDTV requirements contravened

(1) This section applies if a holder has surrendered a transmitter licence on
the grounds of a contravention of the provision mentioned in paragraph 127 (1) (a) or a standard mentioned in paragraph 127 (1) (c), (d) or (e).

Note See subclause 23 (10A) of Schedule 4 to the Act. The subclauses that are listed deal with HDTV standards.

(2) The national broadcaster may, in writing:

(a) ask the ACMA to arrange for the issue of a transmitter licence to replace the surrendered licence; and

(b) explain why the replacement licence should be issued.

(3) the ACMA:

(a) may ask the national broadcaster for more information about the request; and

(b) is not required to consider the request while it is waiting for more information.

(4) the ACMA must consider the request and:

(a) approve it; or

(b) reject it.

Note 1 If the ACMA decides not to arrange for the issue of the replacement licence, it must notify the national broadcaster and give the national broadcaster the statements mentioned in clause 63 of Schedule 4 to the Act.

Note 2 A decision by the ACMA to reject a request for a replacement licence is reviewable by the AAT: see clause 62 of Schedule 4 to the Act.

129 the ACMA to issue transmitter licence

(1) If the ACMA approves a request made under section 128 of this Scheme, it must issue a transmitter licence to replace the surrendered licence.

(2) However, the amount of transmission capacity covered by the replacement licence must be less than the amount of transmission capacity covered by the surrendered licence.

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

Note 1 Schedule 4 to the Act imposes a timetable for conversion of commercial television broadcasting services to digital transmission, with simulcasts starting at different times in different licence areas. The Schedule also makes arrangements for conversion of national television broadcasting services to digital transmission, and sets deadlines by which this should happen. To support these arrangements, the ACMA may have to set priorities for carrying out its responsibilities.

Note 2 Section 130 has been reserved for future use.