31Condition — person to advertise before commencing service

31 Condition – person to advertise before commencing service

(1) Subject to subsection (3), a person must not operate a re-transmission service station except where subsection (2) has been satisfied. (2) This subsection is satisfied if, not later than 7 days before a person first operates the re-transmission service station, that person has made the following statements and information available to the public: (a) a statement about the person’s intention to operate the station to provide a re-transmission service within the service area for the station; (b) the date and time of the commencement of re-transmission; (c) the frequency the station will operate on; (d) a statement that members of the public should contact the person if the re-transmission causes interference to broadcasting services or other radiocommunications; and (e) the address and telephone number of the person.

Note: Example: The person may make these statements and this information available to the public by publishing the statements and information on its website or on an industry website.

(3) The condition in subsection (1) does not apply to a person who operates a re-transmission service station if: (a) at any time before the commencement of this instrument, a person operated the station; and (b) the person used the station to provide a service of the kind specified in subsection 212(1) of the Broadcasting Services Act 1992; and (c) before the person first operated the station, that person had made statements and information available to the public that are the same as, or substantially similar to, the statements and information in subsection (2).