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BROADCASTING SERVICES ACT 1992 - SECT 130ZBB

Objectives of conditional access scheme--Western Australia TV3 licence area

Scope

  (1)   This section applies to a commercial television broadcasting licence allocated under section   38C for the Western Australia TV3 licence area.

Objectives

  (2)   A conditional access scheme for the section   38C licence area complies with this section if the scheme is directed towards the achievement of the objectives set out in this section.

  (3)   The first objective is that:

  (a)   the scheme should specify all of the following as areas that are, subject to paragraph   (c), taken to be areas ( category A reception areas ) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services:

  (i)   the related terrestrial licence areas;

  (ii)   the external Territories in the section   38C licence area; and

  (b)   if a terrestrial licensee for a related terrestrial licence area is authorised, under paragraph   7(2A)(d) of Schedule   2, to provide a commercial television broadcasting service outside the related terrestrial licence area to one or more persons who are in the section   38C licence area--the scheme should provide that those persons are, subject to paragraph   (c) of this subsection, taken to be in a category A reception area; and

  (c)   the scheme should provide that a person in a category D reception area is taken not to be in a category A reception area.

Note:   For category D reception area , see subsection   (8).

  (4)   The second objective is that the scheme should:

  (a)   specify one or more areas included in the Perth TV1 licence area; or

  (b)   specify a method for ascertaining one or more areas included in the Perth TV1 licence area;

that are taken to be areas ( category B reception areas ) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.

  (5)   The third objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section   38C licence must enable persons in:

  (a)   a category A reception area; or

  (b)   a category B reception area; or

  (c)   a declared service - deficient area;

to receive those commercial television broadcasting services.

  (7)   The fourth objective is that the scheme should provide that so much of the section   38C licence area as is not:

  (a)   a category A reception area; or

  (b)   a category B reception area; or

  (c)   a category D reception area;

is a category C reception area .

Note:   For category D reception area , see subsection   (8).

  (8)   The fifth objective is that the scheme should:

  (a)   specify one or more related terrestrial sub - areas; or

  (b)   specify a method for ascertaining one or more related terrestrial sub - areas;

each of which is taken to be an area (a category D reception area ) in which people are to receive adequate reception of all the applicable terrestrial digital commercial television broadcasting services.

  (9)   The sixth objective is that the scheme must:

  (a)   if the scheme is developed by a body or association that the ACMA is satisfied represents commercial television broadcasting licensees--identify a company; or

  (b)   if the scheme is formulated by the ACMA--identify the ACMA;

as the scheme administrator for the scheme.

  (10)   The seventh objective is that the scheme must authorise the scheme administrator to issue a certificate (a reception certificate ) to:

  (a)   a person in a category C reception area (but not in a declared service - deficient area); or

  (b)   a person in a category D reception area (but not in a declared service - deficient area);

stating that the person is unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.

  (11)   The eighth objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section   38C licence must enable a person who:

  (a)   is in:

  (i)   a category C reception area; or

  (ii)   a category D reception area; and

  (b)   is not in a declared service - deficient area; and

  (c)   holds a reception certificate;

to receive those commercial television broadcasting services.

  (13)   The ninth objective is that, if an application for a reception certificate is made in accordance with the scheme, the application must:

  (a)   be dealt with by the scheme administrator within 15 business days after receiving the application; and

  (b)   be accepted, and dealt with, without requiring:

  (i)   the payment of a fee by the applicant; or

  (ii)   the applicant to incur any expenses (other than the expense of filling in the application and sending it to the scheme administrator).

  (16)   The 12th objective is that the scheme must authorise the scheme administrator to revoke a reception certificate issued to a person if the person is no longer eligible for the reception certificate.

  (17)   For the purposes of subsection   (16), if:

  (a)   at a particular time, a reception certificate was issued to a person; and

  (b)   after that time, the person has not moved to new premises;

the person is taken to be eligible for the reception certificate.

  (20)   The 15th objective is that, if:

  (a)   at a particular time, a person was in a category B reception area; and

  (b)   at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section   38C licence enabled the person to receive those commercial television broadcasting services; and

  (c)   after that time:

  (i)   the person ceases to be in the category B reception area; and

  (ii)   the person has not moved to new premises;

the conditional access system must enable the person to receive those commercial television broadcasting services.

  (21)   The 16th objective is that, if:

  (a)   at a particular time, a person was in a declared service - deficient area; and

  (b)   at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section   38C licence enabled the person to receive those commercial television broadcasting services; and

  (c)   after that time:

  (i)   the person ceases to be in the declared service - deficient area; and

  (ii)   the person has not moved to new premises;

the conditional access system must enable the person to receive those commercial television broadcasting services.

  (22)   In this section:

"related terrestrial licence area" means a terrestrial licence area mentioned in column 3 of item   3 of the table in subsection   38C(1).

"related terrestrial sub-area" means an area included in a related terrestrial licence area.

"terrestrial licence" means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section   38C or subsection   40(1).

"terrestrial licence area" means the licence area of a terrestrial licence.

Note 1:   For adequate reception , see section   130ZFA.

Note 2:   For applicable terrestrial digital commercial television broadcasting services , see section   130ZG.

Note 3:   For declared service - deficient area , see section   130ZH.


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