Broadcasting Services Act 1992

The owner or operator of a broadcasting transmission tower must, if requested to do so by the holder of a commercial television broadcasting licence (the access seeker), or a national broadcaster (also the access seeker), give the access seeker access to the tower.

The owner or operator of the broadcasting transmission tower is not required to comply with subclause (1) unless:

the access is provided for the sole purpose of enabling the access seeker to install or maintain a transmitter and/or associated facilities used, or for use, wholly or principally in connection with the transmission of the access seeker’s television broadcasting service or services in digital mode; and

the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.

The owner or operator of a broadcasting transmission tower is not required to comply with subclause (1) if there is in force a written certificate issued by the ACMA stating that, in the ACMA’s opinion, compliance with subclause (1) in relation to that tower is not technically feasible.

In determining whether compliance with subclause (1) in relation to a tower is technically feasible, the ACMA must have regard to:

whether compliance is likely to result in significant difficulties of a technical or engineering nature; and

whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, the tower; and

if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):

changing the configuration or operating parameters of a facility situated on the tower; and

making alterations to the tower; and

such other matters (if any) as the ACMA considers relevant.

If the ACMA receives a request to make a decision about the issue of a certificate under subclause (5), the ACMA must use its best endeavours to make that decision within 10 business days after the request was made.