5Allotment of channels to commercial television broadcasting licensees – Schedule 1

5 Allotment of channels to commercial television broadcasting licensees – Schedule 1

Allotment of channels to commercial television broadcasting licensees

(1) Each channel specified in column 1 of an item in a table in Schedule 1 is allotted to the commercial television broadcasting licensee of the licence specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3.

(2) If no date is specified in column 2 for an item in a table in Schedule 1, the channel specified in column 1 of the item is allotted to the commercial television broadcasting licensee of the licence specified for the table from the day on which this Plan comes into force.

(3) If no licensee is specified for a table in Schedule 1, the ACMA may allot the channel specified in column 1 of an item in the table to the commercial television broadcasting licensee of a commercial television broadcasting licence for the licence area specified for the table, for use in the area in column 7.

Note If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992.

Determination of technical specifications of transmission of commercial television broadcasting services

(4) A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services in accordance with the following specifications:

(i) the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or

(ii) if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4.

Note Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter. The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter.

(6) A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel.

Note Even if no applicable technical limitation is specified for the table, the ACMA may still determine additional technical limitations on the use of a channel by making a determination under this subsection.