Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No. 3) (Cth)

Case

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No.3)1

Broadcasting Services Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.

Dated       6th December 2010

Richard Bean
(signed)
Member



Maureen Cahill
(signed)
Member/General Manager



Australian Communications and Media Authority

  1. Name of Declaration

This Declaration is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No.3).

  1. Commencement

This Declaration commences on the day after it is registered.

  1. Amendment of Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010

Schedule 1 amends the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010.

Schedule 1        Amendment

(section 3)

[1]           Section 3

insert

start date
has the meaning given by clause 7H of Schedule 2 to the Act.

[2]           After section 5

insert

  1. Declaration of primary commercial television broadcasting service after the start date – satellite services

(1) Under subclause 41G(4) of Schedule 4 to the Act, the ACMA declares that each of the SDTV multi-channelled commercial television broadcasting services specified in column 4 of an item in the table in Schedule 3 is a primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.

(2)   Subsection (1) has effect, in relation to a commercial television broadcasting licence, from the start date for the licence area of that licence.

(3)   In determining whether a particular SDTV multi-channelled commercial television broadcasting service is specified in column 4 of the table in Schedule 3, regard may be had to:

(a)    any watermark or image that:

(i)    is displayed during programs provided as part of the service; and

(ii)    identifies the service; and

(b)    any name or logo used in relation to the service in publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.

(4)   Subsection (3) does not limit the matters to which regard may be had in determining whether an SDTV multi-channelled commercial television broadcasting service is the service specified in column 4 of the table in Schedule 3.

[3]           Schedule 1, table 1, after item 3

insert

4 Spencer Gulf TV1 SL10234 Southern Cross Television Southern Cross Television
5 Spencer Gulf TV1 SL1150798 Southern Cross TEN Southern Cross TEN
6 Spencer Gulf TV1 SL1130142 Nine Nine
7 Broken Hill TV1 SL10241 Southern Cross Television Southern Cross Television
8 Broken Hill TV1 SL1150797 Southern Cross TEN Southern Cross TEN
9 Broken Hill TV1 SL1130143 Nine Nine
10 Mount Gambier/South East TV1 SL10330 WIN SA WIN SA
11 Mount Gambier/South East TV1 SL1150799 WIN TEN WIN TEN
12 Mount Gambier/South East TV1 SL1130144 Nine Nine
13 Riverland TV1 SL10174 WIN SA WIN SA
14 Riverland TV1 SL1150796 WIN TEN WIN TEN
15 Riverland TV1 SL1130145 Nine Nine

[4]          After Schedule 2

insert

Schedule 3        Primary commercial television broadcasting services after the start date

(section 6)

Table 1  Primary commercial television broadcasting services

Item

Column 1

Licence Area

Column 2

Service licence number

Column 3

SDTV multi-channelled commercial television broadcasting services provided at start date

Column 4

Primary Commercial Television Broadcasting Service(s)

1 South Eastern Australia TV3 SL1130135

CDT (TEN)

Gem

GO!

Imparja

One

OneHD

Regional News

Southern Cross Television

7Mate

7Two

CDT (TEN)

Imparja

Southern Cross Television

2 Northern Australia TV3 SL1130136

CDT (TEN)

Gem

GO!

Imparja

One

OneHD

Regional News

Southern Cross Television

7Mate

7Two

CDT (TEN)

Imparja

Southern Cross Television

Note   Columns 1 and 3 are included for information only.

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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