2004-2005

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Broadcasting Legislation Amendment Bill (No. 1) 2005

No.      , 2005

(Communications, Information Technology and the Arts)

A Bill for an Act to amend the law relating to broadcasting, and for related purposes

 

Contents

 

A Bill for an Act to amend the law relating to broadcasting, and for related purposes

The Parliament of Australia enacts:

1  Short title

This Act may be cited as the Broadcasting Legislation Amendment Act (No. 1) 2005.

2  Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1--Commercial television in remote licence areas

Broadcasting Services Act 1992

1  After subsection 38B(14)

Insert:

(14A) If a determination is made under subsection (14) for 2 licence areas that are remote licence areas (within the meaning of Schedule 4) because of paragraph (14)(b), this section applies as if the single licence area referred to in subsection (14) were the licence area that is entirely within the other licence area.

2  After subsection 38B(21)

Insert:

(21A) The condition specified in subsection (21B) applies if:

(a) a commercial television broadcasting licence is allocated to a joint-venture company under subsection (5); and

(b) the licence is transferred to another company (the transferee company); and

(c) an election is in force under subclause (7B) of Schedule 4 in relation to one or both of the commercial television broadcasting services provided under the licences referred to in subsection (1) as the parent licences.

(21B) The licence held by the transferee company is subject to the condition that the transferee company will continue to transmit a commercial television broadcasting service provided under a parent licence in relation to which that election is in force.

3  At the end of section 38B

Add:

(29) For the licence areas in Western Australia that are remote licence areas (within the meaning of Schedule 4), the time determined under subsection (27) must be no later than 1 January 2006.

4  Clause 2 of Schedule 4

Insert:

exempt licence means a commercial television broadcasting licence allocated under section 38B for a remote licence area.

5  Clause 2 of Schedule 4

Insert:

exempt remote area service has the meaning given by subclause 6(7F).

6  Clause 2 of Schedule 4

Insert:

parent licence means a commercial television broadcasting licence referred to in subsection 38B(1) as a parent licence.

7  After subclause 6(7A) of Schedule 4

Insert:

Special rules for section 38B licences in remote licence areas

(7B) Special rules apply to an exempt remote area service for a remote licence area for which an exempt licence has been allocated if written notice is given to the ACMA electing that this subclause applies by:

(a) the 2 existing licensees for that licence area (where the exempt licence is allocated to a joint-venture company under subsection 38B(5)); or

(b) the licensee to whom the exempt licence is allocated (where the exempt licence is allocated under subsection 38B(6), (7), (8) or (9)).

The notice must be given at or about the time when the exempt licence was allocated.

(7C) The election remains in force for a company until:

(a) it is revoked, by written notice given to the ACMA, by:

(i) a company that made the election; or

(ii) if the election was made in relation to an exempt licence allocated under subsection 38B(5) and a parent licence has been transferred--by the licensee of the parent licence; or

(iii) if the election was made in relation to an exempt licence allocated under subsection 38B(6), (7), (8) or (9) and the exempt licence has been transferred--by the licensee of the exempt licence; and

(b) the ACMA approves the revocation in writing.

(7D) If the ACMA is satisfied that there is sufficient radiofrequency spectrum available, the ACMA must, by notice in writing:

(a) approve the revocation; and

(b) specify a day from which the revocation takes effect; and

(c) vary the relevant digital channel plan under the commercial television conversion scheme to allot a channel to the licensee applying for the revocation.

(7E) The ACMA may, before the day specified under paragraph (7D)(b), by notice in writing, vary the day from which the revocation takes effect.

(7F) An exempt remote area service for a remote licence area is:

(a) each of these:

(i) a commercial television broadcasting service provided by a joint-venture company under an exempt licence that was allocated to the company under subsection 38B(5) for that licence area; and

(ii) the commercial television broadcasting services provided under the parent licences for that licence area; or

(b) each of these:

(i) a commercial television broadcasting service provided by a licensee under an exempt licence that was allocated to the licensee under subsection 38B(6), (7), (8) or (9) for that licence area; and

(ii) the other commercial television broadcasting service provided by that licensee for that licence area; or

(c) a commercial television broadcasting service provided by a licensee under an exempt licence for that licence area that is transferred to the licensee; or

(d) a commercial television broadcasting service provided under a parent licence for that licence area that is transferred to the licensee.

(7G) Subclauses (7) and (7A) do not apply to an exempt remote area service provided under an exempt licence while an election under subclause (7B) is in force for the service.

(7H) Part B of the commercial television conversion scheme must be directed towards ensuring the achievement of the policy objective that each exempt remote area service for a remote licence area should be authorised to be transmitted in SDTV digital mode using multi-channelling transmission capacity while an election under subclause (7B) is in force for the service.

8  At the end of clause 37G of Schedule 4

Add:

(4) Standards about HDTV digital mode of the kind referred to in subclause (1) or (2), whether determined under this clause or under another provision of this Act, do not apply to an exempt remote area service if an election under subclause 6(7B) is in force for the service.

Radiocommunications Act 1992

9  After subsection 102(2A)

Insert:

(2B) Despite subsection (1), the ACMA is not required to issue a new transmitter licence for a commercial television broadcasting service if:

(a) the service is provided under a licence that was allocated under subsection 38B(6), (7), (8) or (9) of the Broadcasting Services Act 1992; and

(b) a multi-channelling election is in force for the relevant remote area service.

(2C) The operation of a transmitter or transmitters for transmitting the commercial television broadcasting service under that commercial television broadcasting licence is, if a multi-channelling election is in force for the relevant remote area service, taken to be authorised by the transmitter licence held by the company that made the election for the relevant licence area.

(2D) If the ACMA approves the revocation of the multi-channelling election, the ACMA must issue a new transmitter licence to the licensee that revoked the election authorising the operation of a transmitter or transmitters for transmitting the commercial television broadcasting service provided under the licence for which that election was made.

(2E) The new licence comes into force on the day from which the revocation takes effect.

(2F) A transmitter licence issued under subsection (1) to a joint-venture company that is allocated a commercial television broadcasting licence under subsection 38B(5) of the Broadcasting Services Act 1992 is, if a multi-channelling election is in force for the relevant remote area service, taken to authorise the operation of the transmitter or transmitters concerned for transmitting:

(a) the commercial television broadcasting service provided under that commercial television broadcasting licence; and

(b) the commercial television broadcasting services provided by either or both of the 2 existing licensees referred to in subsection 38B(1) of that Act for the relevant licence area.

10  At the end of section 102

Add:

(6) In this section and section 102A:

exempt remote area service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

multi-channelling election means an election under subclause 6(7B) of Schedule 4 to the Broadcasting Services Act 1992.

11  After subsection 102A(2A)

Insert:

(2B) The operation of a transmitter or transmitters for transmitting a commercial television broadcasting service in digital mode under a licence allocated under subsection 38B(6), (7), (8) or (9) of the Broadcasting Services Act 1992 to an existing licensee is, if a multi-channelling election is in force for the relevant exempt remote area service, taken to be authorised by the transmitter licence held by the licensee for the relevant licence area.

(2C) The holder of a transmitter licence issued under this section must surrender the licence if:

(a) a commercial television broadcasting licence is allocated under subsection 38B(5) of the Broadcasting Services Act 1992; and

(b) the holder is one of the 2 existing licensees referred to in subsection 38B(1) of that Act; and

(c) a multi-channelling election is made for the relevant exempt remote area service.

(2D) If the ACMA approves the revocation of a multi-channelling election for a licensee, the ACMA must issue a new transmitter licence to the licensee that revoked the election authorising the operation of a transmitter or transmitters for transmitting the commercial television broadcasting service provided by the licensee in digital mode.

(2E) The new licence comes into force on the day from which the revocation takes effect.

Schedule 1  Commercial television in remote licence areas

 

Commercial television in remote licence areas Schedule 1

Broadcasting Legislation Amendment Bill (No. 1) 2005       No.      , 2005      

       Broadcasting Legislation Amendment Bill (No. 1) 2005       No.      , 2005

            Broadcasting Legislation Amendment Bill (No. 1) 2005       No.      , 2005

Broadcasting Legislation Amendment Bill (No. 1) 2005       No.      , 2005           

Broadcasting Legislation Amendment Bill (No. 1) 2005       No.      , 2005      

 

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