Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZH

Declaration

  (1)   If:

  (a)   the ACMA is satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in a particular area (the relevant area ) is deficient; and

  (b)   the relevant area is included in a terrestrial licence area; and

  (c)   the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section   38C;

the ACMA must, by legislative instrument, declare that the relevant area is a declared service - deficient area for the purposes of this Part.

  (2)   For the purposes of determining whether the number of services provided to persons in a particular area is deficient as mentioned in paragraph   (1)(a) or (4)(d), the ACMA may have regard to the following:

  (a)   the current applicable terrestrial digital commercial television broadcasting services provided to persons in:

  (i)   the relevant area; and

  (ii)   other licence areas;

  (b)   the history of such services having been provided to persons in the relevant area;

  (c)   the extent to which there has been a reduction in the number of such services provided to persons in the relevant area;

  (d)   any other matters that the ACMA considers relevant.

Revocation

  (4)   If:

  (a)   a declaration is in force under subsection   (1) in relation to a particular area (the relevant area ); and

  (b)   the relevant area is included in a terrestrial licence area; and

  (c)   the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section   38C; and

  (d)   the ACMA is not satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in the relevant area is deficient;

the ACMA must, by legislative instrument, revoke the declaration.

Definitions

  (6)   In this section:

"number" includes zero.

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