93Exemption from definition—broadcasting services

#### 93 Exemption from definition—broadcasting services (1) If: (a) the sole or principal use of a carriage service 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) those communications are neither: (i) communications carried between the head end of a cable transmission system and the equipment used by an end‑user to receive a broadcasting service; nor (ii) communications carried from a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience; subsections 87(1) and (2) do not apply to the carriage service. (2) If the sole or principal use of a carriage service 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, subsections 87(1) and (2) of this Act do not apply to the service. (2A) For the purposes of this section, disregard subsection 212(3) of the Broadcasting Services Act 1992. (3) 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.