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TELECOMMUNICATIONS ACT 1997 - SECT 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.


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