Exemption—commercial television broadcasting services with the same program content
7F Exemption—commercial television broadcasting services with the same program content
If:
a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area provides, 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
the program content of the service provided, or to be provided, by the terrestrial licensee is, or will be:
the same; or
substantially the same;
as the program content of another commercial television broadcasting service provided, or to be provided, by the terrestrial licensee; and
apart from this subclause, the licensee of a section 38C licence is, or will be, required to provide:
if subparagraph (a)(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 (a)(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;
the Minister may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service during a period specified in the determination.
The specified period must not be longer than 2 years.
The Minister may, by legislative instrument, extend or further extend the specified period.
Before making:
a determination under subclause (1); or
an instrument under subclause (3);
the Minister must consult:
the section 38C licensee concerned; and
the ACMA.
For terrestrial licence area, see clause 7L.
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