Exemption—provision of new commercial television broadcasting services not technically feasible
7E Exemption—provision of new commercial television broadcasting services not technically feasible
If:
a licence is allocated under section 38C; and
a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area commences to provide, or proposes to commence to provide:
a HDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or
a SDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and
apart from this clause, the licensee of the section 38C licence is, or will be, required to provide:
if subparagraph (b)(i) applies—a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or
if subparagraph (b)(ii) applies—a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; and
the ACMA considers that it is not technically feasible for the licensee of the section 38C licence to provide the required service;
the ACMA may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service.
For terrestrial licence area, see clause 7L.
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