12E  Meaning of critical broadcasting asset

• (1)

  One or more broadcasting transmission assets are a critical broadcasting asset if:

  • (a)

    the broadcasting transmission assets are:

    • (i)

      owned or operated by the same entity; and

    • (ii)

      located on a site that, in accordance with subsection (2), is a critical transmission site; or

  • (b)

    the broadcasting transmission assets are:

    • (i)

      owned or operated by the same entity; and

    • (ii)

      located on at least 50 different sites; and

    • (iii)

      not broadcasting re‑transmission assets; or

  • (c)

    the broadcasting transmission assets are owned or operated by an entity that, in accordance with subsection (3), is critical to the transmission of a broadcasting service.

  Note: The rules may prescribe that a specified critical broadcasting asset is not a critical infrastructure asset (see section 9).

• (2)

  For the purposes of paragraph (1)(a), the rules may prescribe:

  • (a)

    specified sites that are critical transmission sites; or

  • (b)

    requirements for sites to be critical transmission sites.

• (3)

  For the purposes of paragraph (1)(c), the rules may prescribe:

  • (a)

    specified entities that are critical to the transmission of a broadcasting service; or

  • (b)

    requirements for an entity to be critical to the transmission of a broadcasting service.