48Exemption—broadcasting services

48 Exemption—broadcasting services

(1) If : (a) the sole use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes: (i) the supply of broadcasting services to the public; (ii) the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and (b) the unit does not consist of, or include, a facility used to carry communications between: (i) the head end of a cable transmission system; and (ii) the equipment used by an end‑user to receive a broadcasting service; and (c) the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience; section 42 does not apply to the unit. (2) If: (a) the principal use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes: (i) the supply of broadcasting services to the public; (ii) the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and (b) the unit does not consist of, or include, a facility used to carry communications between: (i) the head end of a cable transmission system; and (ii) the equipment used by an end‑user to receive a broadcasting service; and (c) the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience; and (d) the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services; section 42 does not apply to the unit. (3) If the sole use of a line link is use for the purpose of a re‑transmission of a kind mentioned in paragraph 212(1)(a) or (b) of the Broadcasting Services Act 1992, section 42 of this Act does not apply to the line link. (4) If: (a) the principal use of a line link is use for the purpose of a re‑transmission of a kind mentioned in paragraph 212(1)(a) or (b) of the Broadcasting Services Act 1992; and (b) the remaining use of the line link is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services; section 42 of this Act does not apply to the line link. (4A) For the purposes of this section, disregard subsection 212(3) of the Broadcasting Services Act 1992. (5) In this section:

broadcasting transmitter means a radiocommunications transmitter used, or for use, to deliver a broadcasting service.

head end of a cable transmission system means a facility that:

(a) is connected to a line link; and
(b) is used, or for use, in connection with the delivery of a broadcasting service; and
(c) processes signals for delivery by the line link to end‑users having equipment appropriate for receiving the service.