National Television Conversion Scheme 1999
46Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)
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46 Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)
(a) commences SDTV digital transmission as mentioned in paragraph 19 (3) (a) or (b) of Schedule 4 to the Act; and
(b) ceases SDTV digital transmission during the simulcast period for the coverage area concerned.
Note 1 See Act, Sch 4, subcl 23 (3).
Note 2 Paragraphs 19 (3) (a) and (b) of Sch 4 to the Act are about when SDTV digital transmission is to start.
(1A) This section does not apply to so much of the 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 the national broadcaster:
(a) does not comply with a direction; and
Note 1 If the ACMA decides that exceptional circumstances do not exist, it must notify the national broadcaster and give the national broadcaster the statements mentioned in cl 63 of Sch 4 to the Act.
Note 2 A decision by the ACMA that exceptional circumstances do not exist is reviewable by the AAT: see Act, Sch 4, cl 62.