Certain arrangements not to result in control or in persons being associates
116 Certain arrangements not to result in control or in persons being associates
A person who is in a position to exercise control of a satellite subscription television broadcasting licence is not taken to be in a position to exercise control of another satellite subscription television broadcasting licence only because of a provision of a contract, arrangement or understanding under which all or any of the following things are done:
a subscriber management system is provided for subscribing to either or both of the subscription television broadcasting services being provided under those licences;
the subscription television broadcasting services being provided under those licences are marketed on a joint basis;
joint use is made of facilities for:
transmitting programs; or
the operation of disabling devices for restricting access to certain programs;
such other things as are prescribed.
Subsection (1) does not apply to a contract, arrangement or understanding under which, or as a result of which, a person who is in a position to exercise control of a satellite subscription television broadcasting service comes to be in a position to exercise control (whether directly or indirectly) of the selection or provision of a significant proportion of the programs broadcast by another satellite subscription television broadcasting licensee.
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