Conditions about the provision of primary commercial television broadcasting services
7B Conditions about the provision of primary commercial television broadcasting services
Conditions about the provision of primary services
A licence allocated under section 38C is subject to the condition that, if there are at least 3 commercial television broadcasting services (the related terrestrial primary services), where each of the services:
is provided by a terrestrial licensee in a related terrestrial licence area; and
is a primary commercial television broadcasting service; and
is distinct from each of the other services;
the section 38C licensee will provide at least 3 commercial television broadcasting services, where:
the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial primary service; and
each of the services is distinct from each of the other services.
A licence allocated under section 38C is subject to the condition that, if there are only 2 commercial television broadcasting services (the related terrestrial primary services), where each of the services:
is provided by a terrestrial licensee in a related terrestrial licence area; and
is a primary commercial television broadcasting service; and
is distinct from the other service;
the section 38C licensee will provide:
2 commercial television broadcasting services, where:
the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial primary service; and
the services are distinct from one another; and
one commercial television broadcasting service, where:
the program content of the service is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
the service is distinct from each of the services required to be provided by paragraph (d).
A licence allocated under section 38C is subject to the condition that, if:
neither subclause (1) nor subclause (2) applies; and
there is a commercial television broadcasting service (the related terrestrial primary service), where:
the service is provided by a terrestrial licensee in a related terrestrial licence area; and
the service is a primary commercial television broadcasting service;
the section 38C licensee will provide:
one commercial television broadcasting service that has program content that is the same, or substantially the same, as the program content of the related terrestrial primary service; and
2 commercial television broadcasting services, where:
the program content of each of the services is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
the services are distinct from each other and from the service required to be provided by paragraph (c).
Exemption—cessation of related terrestrial primary service
If:
in compliance with subclause (1), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and
the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and
as a result of the cessation of the service, subclause (2) applies to the section 38C licensee;
subclause (2) has effect in relation to the section 38C licensee, while the cessation continues, as if paragraph (2)(e) had not been enacted.
If:
in compliance with subclause (2), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and
the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and
as a result of the cessation of the service, subclause (3) applies to the section 38C licensee;
then, while the cessation continues:
subclause (3) has effect in relation to the section 38C licensee as if paragraph (3)(d) had not been enacted; and
the section 38C licence is subject to the condition that the section 38C licensee will provide one commercial television broadcasting service, where:
the program content of the service is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and
the service is distinct from the service required to be provided by paragraph (3)(c).
Distinct services
For the purposes of this clause, a commercial television broadcasting service is distinct from another commercial television broadcasting service if, and only if, the program content of the services is not the same or substantially the same.
For metropolitan licence area, related terrestrial licence area and terrestrial licence, see clause 7L.
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