Broadcasting Services Act 1992

This clause applies to a designated associated facility if the facility is situated on, at, in or under:

a broadcasting transmission tower; or

the site on which a broadcasting transmission tower is situated.

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

The owner or operator of the designated associated facility is not required to comply with subclause (2) unless:

the access is provided for the sole purpose of enabling the access seeker to use the facility, or a service provided by means of the facility, 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 designated associated facility is not required to comply with subclause (2) if there is in force a written certificate issued by the ACMA stating that, in the ACMA’s opinion, compliance with subclause (2) in relation to that facility is not technically feasible.

In determining whether compliance with subclause (2) in relation to a facility 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, a facility situated on the site; 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 site; and

making alterations to a facility situated on the site; 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 (6), the ACMA must use its best endeavours to make that decision within 10 business days after the request was made.

The regulations may provide for exemptions from subclause (2).

Regulations made for the purposes of subclause (9) may make provision with respect to a matter by conferring on the ACCC a power to make a decision of an administrative character.