79Transmitter licence — general

79 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 coverage area or part of the 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 1 Division 9 of this Part deals with transmitter licences issued to support test transmissions.

Note 2 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 coverage 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.

(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 until the end of a day determined by the ACMA for 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.

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

(a) a national broadcaster holds a transmitter licence mentioned in section 79; 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