Television Licence Area Plan (Regional Victoria) 2012 (Cth)

Television Licence Area Plan (Regional Victoria) 2012 as amended made under subsection 26(1B) of the Broadcasting Services Act 1992 Compilation No. 3 Compilation date: 30 September 2017 Includes amendments up to: Broadcasting Services (Technical Planning) Guidelines (Consequential Amendments) Instrument 2017 (No. 1) Prepared by the Australian Communications and Media Authority

1 Name of Plan This Plan is the Television Licence Area Plan (Regional Victoria) 2012. 2 Commencement This Plan comes into force on the day after it is registered. 3 Definitions In this Plan: ACMA means the Australian Communications and Media Authority. Act means the Broadcasting Services Act 1992. commercial television broadcasting licensee means the licensee of a commercial television broadcasting licence. Eastern Victoria TV1 licence area means the area described in Attachment 2. ERP means effective radiated power. national television broadcasting service has the same meaning as in clause 2 of Schedule 4 to the Act. Regional Victoria TV1 licence area means the area described in Attachment 1. television broadcasting service has the same meaning as in section 26 of the Act. transmitter licence has the same meaning as in section 5 of the Radiocommunications Act 1992. Western Victoria TV1 licence area means the area described in Attachment 3. Note Terms and expressions used in this Plan have the meaning given by section 6 of the Act. For example:  commercial television broadcasting licence. * national broadcaster. 4 Specification of channels to be available in particular areas within the Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1 licence areas (1) Subject to subsection (2), each channel specified in column 1 of an item in a table in a Schedule to this Plan is available, in the area in column 7, to provide television broadcasting services. (2) If a date is specified in column 3 of an item in a table in a Schedule to this Plan, the channel specified in column 1 of the item is not available in the area in column 7 to provide television broadcasting services after that date. Note 1 A channel may be specified to be available only for a limited period in order to allow a broadcaster to swap channels on which it transmits services. Note 2 Although a channel is specified to be available for all parts of a licence area, a particular broadcaster may only be authorised to use that channel in one part of a licence area. Example Channel 28 may be specified to be available for all parts of a licence area. Channel 28 may be allotted to Broadcaster A and Broadcaster B. The ACMA may issue a transmitter licence for the use of channel 28 to Broadcaster A in one part of the licence area (Part A), and issue a transmitter licence for the use of a different channel to the same broadcaster in another part of the licence area (Part B). The ACMA may issue a transmitter licence for the use of channel 28 to Broadcaster B in Part B. Broadcaster A will not be entitled to transmit on channel 28 in Part B, as the broadcaster will not have a transmitter licence authorising such a transmission. 5 Allotment of channels to commercial television broadcasting licensees – Schedule 1 Allotment of channels to commercial television broadcasting licensees (1) Each channel specified in column 1 of an item in a table in Schedule 1 is allotted to the commercial television broadcasting licensee of the licence specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3. (2) If no date is specified in column 2 for an item in a table in Schedule 1, the channel specified in column 1 of the item is allotted to the commercial television broadcasting licensee of the licence specified for the table from the day on which this Plan comes into force. (3) If no licensee is specified for a table in Schedule 1, the ACMA may allot the channel specified in column 1 of an item in the table to the commercial television broadcasting licensee of a commercial television broadcasting licence for the licence area specified for the table, for use in the area in column 7. Note If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992. Determination of technical specifications of transmission of commercial television broadcasting services (4) A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services in accordance with the following specifications: (a) subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4; (b) the transmission must have the polarisation specified in column 5; (c) the transmission must comply with any additional specification specified in column 6. (5) A transmission may have an ERP greater than that specified in column 4, if: (a) the ACMA issues a transmitter licence that authorises the use of the channel specified in column 1 of the item; and (b) a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and (c) either: (i) the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or (ii) if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4. Note Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter. The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter. Determination of technical limitations and conditions on use of channel (6) A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel. (7) The ACMA may determine additional technical limitations on the use of the channel. Note Even if no applicable technical limitation is specified for the table, the ACMA may still determine additional technical limitations on the use of a channel by making a determination under this subsection. (8) A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services if an event or circumstance (if any) specified for the table that is applicable to that channel occurs. (9) The ACMA may determine additional events or circumstances which must occur before the channel may be used. Note Even if no applicable event or circumstance is specified for the table, the ACMA may still determine additional events or circumstances that must be met before the channel may be used by making a determination under this subsection. 6 Allotment of channels to national broadcasters – Schedule 2 Allotment of channels to national broadcasters (1) Each channel specified in column 1 of an item in a table in Schedule 2 is allotted to the national broadcaster specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3. (2) If no date is specified in column 2 for an item in a table in Schedule 2, the channel specified in column 1 of the item is allotted to the national broadcaster specified for the table from the day on which this Plan comes into force. (3) If no national broadcaster is specified for a table in Schedule 2, the ACMA may allot the channel specified in column 1 of an item in the table to a national broadcaster for use in the area in column 7. Note If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992. Determination of technical specifications of transmission of national television broadcasting services (4) A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services in accordance with the following specifications: (a) subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4; (b) the transmission must have the polarisation specified in column 5; (c) the transmission must comply with any additional specification specified in column 6. (5) A transmission may have an ERP greater than that specified in column 4, if: (a) the ACMA issues a transmitter licence that authorises the use of the channel specified in column 1 of the item; and (b) a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and (c) either: (i) the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or (ii) if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4. Note Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter. The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter. Determination of technical limitations and conditions on use of channel (6) A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel. (7) The ACMA may determine additional technical limitations on the use of the channel. Note Even if no applicable technical limitation is specified for the table, the ACMA may still determine additional technical limitations on the use of a channel by making a determination under this subsection. (8) A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services if an event or circumstance (if any) specified for the table that is applicable to that channel occurs. (9) The ACMA may determine additional events or circumstances which must occur before the channel may be used. Note Even if no applicable event or circumstance is specified for the table, the ACMA may still determine additional events or circumstances that must be met before the channel may be used by making a determination under this subsection. 7 Allotment of channels to providers of other television broadcasting services – Schedule 3 Allotment of channels to providers of other television broadcasting services (1) Each channel specified in column 1 of an item in a table in Schedule 3 is allotted to the person specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3. (2) If no date is specified in column 2 for an item in a table in Schedule 3, the channel specified in column 1 of the item is allotted to the person specified for the table from the day on which this Plan comes into force. (3) If no person is specified for the table, the ACMA may allot a channel specified in column 1 of the table to any person for use in the area in column 7. Note If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992. Determination of technical specifications of transmission of television broadcasting services (4) A channel specified in column 1 of an item in a table in Schedule 3 must only be used for transmission of television broadcasting services in accordance with the following specifications: (a) subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4; (b) the transmission must have the polarisation specified in column 5; (c) the transmission must comply with any additional specification specified in column 6. (5) A transmission may have an ERP greater than that specified in column 4, if: (a) the ACMA issues a transmitter licence that authorises the use of the channel specified in column 1 of the item; and (b) a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and (c) either: (i) the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or (ii) if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4. Note Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter. The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter. Determination of technical limitations and conditions on use of channel (6) A channel specified in column 1 of an item in a table in Schedule 3 must only be used for transmission of television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel. (7) The ACMA may determine additional technical limitations on the use of the channel. Note Even if no applicable technical limitation is specified for the table, the ACMA may still determine additional technical limitations on the use of a channel by making a determination under this subsection. (8) A channel specified in column 1 of an item in a table in Schedule 3 must only be used for transmission of television broadcasting services if an event or circumstance (if any) specified for the table that is applicable to that channel occurs. (9) The ACMA may determine additional events or circumstances which must occur before the channel may be used. Note Even if no applicable event or circumstance is specified for the table, the ACMA may still determine additional events or circumstances that must be met before the channel may be used by making a determination under this subsection.