158Transmitter licence — general

158 Transmitter licence — general

(1) If the ACMA approves the application, the ACMA must issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode.

(2) However, if the national broadcaster already holds a transmitter licence for the remote coverage area, or part of the remote coverage area, concerned for test transmissions, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note Division 9 of Part B of this Scheme deals with transmitter licences issued to support test transmissions.

(a) identify conditions to which the licence should be subject, including (if appropriate):

(i) a condition about the date of effect of the licence; and

(ii) a condition that the licence is to be in force on or before the date determined by the ACMA under this section; and

(4) the ACMA will ensure, as far as practicable, that the channel used by the national broadcaster for transmission will be made available to the national broadcaster during the simulcast period.

(5) However, the ACMA does not guarantee or imply that the channel will be made available.

Examples of problems with making channel available during simulcast period

1 The use of the channel is inconsistent with the digital channel plan for the area.

2 The national broadcaster is required under this Scheme to surrender a transmitter licence relating to the channel.

3 A transmitter licence relating to the channel is cancelled under the Act.

(6) Also, the ACMA does not guarantee or imply that the characteristics, including technical specifications, in the transmitter licence will be included in any transmitter licence subsequently issued to the national broadcaster for the area or part of the area.

158A Transmitter licence — no application, or unapproved application, for approval of implementation plan by the start of the simulcast period

(a) a national broadcaster holds a transmitter licence mentioned in section 158; and

(b) the national broadcaster intends to transmit before the national broadcaster has an approved implementation plan in force for the coverage area, or the relevant part of the coverage area; and

(c) the national broadcaster has not applied for approval of an approved implementation plan for the area, or part of the area, by the date determined by the ACMA for subparagraph 158 (3) (a) (ii).

(2) This section also applies if:

(a) a national broadcaster holds a transmitter licence mentioned in section 158; and