Broadcasting Services (Digital Television Standards) Amendment Regulations 2003 (No. 1) (Cth)

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Broadcasting Services (Digital Television Standards) Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 1462

I, GUY STEPHEN MONTAGUE GREEN, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Broadcasting Services Act 1992.

Dated 25 June 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

1Name of Regulations

These Regulations are the Broadcasting Services (Digital Television Standards) Amendment Regulations 2003 (No. 1).

2Commencement

These Regulations commence on gazettal.

3Amendment of Broadcasting Services (Digital Television Standards) Regulations 2000

Schedule 1 amends the Broadcasting Services (Digital Television Standards) Regulations 2000.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 1.03, heading

substitute

1.03Definitions

[2]Regulation 1.03, after definition of Act

insert

archival material means material described in that way in subclause 37L (3) of Schedule 4 to the Act.

[3]Regulation 1.03, after definition of commercial television broadcasting licensee and licensee, including the note

insert

high‑definition television program has the meaning given by clause 37L of Schedule 4 to the Act.

incidental material has the meaning given by subclause 37L (6) of Schedule 4 to the Act.

phase-in day, for a television broadcaster, means the last day of the phase-in period.

phase-in period:

  1. (a)

    for a commercial television broadcasting licensee — has the meaning given by subclause 37E (2A) of Schedule 4 to the Act;

  2. (b)

    for a national broadcaster — has the meaning given by subclause 37F (2A) of Schedule 4 to the Act.

prime viewing hours has the meaning given by clause 37M of Schedule 4 to the Act.

SDTV digital mode has the same meaning as in Schedule 4 to the Act.

television broadcaster means:

  1. (a)

    a commercial television broadcasting licensee; or

  2. (b)

    a national broadcaster.

television program has the meaning given by subclause 37L (6) of Schedule 4 to the Act.

[4]After Part 3

insert

Part 4HDTV quotas: reporting and record keeping

4.01Reporting to the ABA

  1. (1)

    A television broadcaster must give the ABA interim and consolidated annual reports, in accordance with this regulation, after the broadcaster’s phase-in day.

  2. (2)

    An interim report is a report relating to any of the following periods:

    1. (a)

      if the television broadcaster’s phase-in day is on or after 1 January and before 30 June in a year — the period starting on the day after the phase-in day and ending on 30 June of that year;

    2. (b)

      if the television broadcaster’s phase-in day is on or after 1 October in a year — the period starting on the day after the phase-in day and ending on 31 December of that year;

    3. (c)

      the period from 1 January to 30 June (inclusive) in each year that starts after the television broadcaster’s phase-in day.

Note The report in paragraph (b) is treated as an interim report in order to allow the television broadcaster’s HDTV quota to be calculated in accordance with paragraph 4 (2) (c) in Schedule 1 or Schedule 2.

  1. (3)

    A consolidated annual report relates to each full calendar year that starts after the television broadcaster’s phase-in day.

  2. (4)

    However, if a television broadcaster’s phase-in day is not 31 December in a year, the period to which the television broadcaster’s first consolidated annual report relates is:

    1. (a)

      for a phase-in day before 1 October — the period starting on the day after the phase-in day and ending on 31 December of that year; or

    2. (b)

      for a phase-in day on or after 1 October — the period starting on the day after the phase-in day and ending on 31 December of the next calendar year.

  3. (5)

    A report must be given within 30 days after the end of the period to which the report relates, or within any longer period agreed to by the ABA.

  4. (6)

    A report must set out the following information, for each month of the period to which the report relates:

    1. (a)

      the total number of hours of high-definition television programs transmitted by the television broadcaster;

    2. (b)

      the total number of hours of high-definition television programs transmitted by the television broadcaster in prime viewing hours;

    3. (c)

      if the television broadcaster is a commercial television broadcasting licensee and 1 or more high-definition television programs transmitted by the television broadcaster in the month contain archival material:

      1. (i)

        the total duration of those programs; and

      2. (ii)

        the total duration of the archival material; and

      3. (iii)

        the maximum proportion of archival material contained in any of the programs transmitted in the month.

  5. (7)

    For a report that relates to a month that includes the television broadcaster’s phase-in day, the reference in subregulation (6) to a month of a period to which the report relates is taken to include the part of the month after the phase-in day.

  6. (8)

    A report must be in a form approved by the ABA.

4.02Secretary or SES employee may request copy of report

If the Secretary, an SES employee or an acting SES employee of the Department requests the ABA to give him or her a copy of a report given to the ABA under regulation 4.01, the ABA must comply with the request as soon as practicable.

4.03Keeping records

  1. (1)

    A television broadcaster must make and keep a record for:

    1. (a)

      each television program transmitted by the television broadcaster after the television broadcaster’s phase-in day that is entirely, or in part, a high-definition television program; and

    2. (b)

      incidental material that:

      1. (i)

        is transmitted during or between television programs; and

      2. (ii)

        is a high-definition television program (but is not incidental material mentioned in paragraph 37L (1) (c) or (2) (e) of Schedule 4 to the Act);

    that the television broadcaster wishes to count towards the HDTV quota.

Note Subregulation (1) does not require a television broadcaster to keep a separate record of incidental material transmitted during a high-definition television program.

  1. (2)

    The record must include the following information:

    1. (a)

      the title of the program;

    2. (b)

      the date of transmission;

    (c) the duration of the transmission;

    1. (d)

      for a commercial television broadcasting licensee — the duration of archival material (if any) contained in the program;

    2. (e)

      any other information that the ABA has told the broadcaster, in writing, to include in the record.

  2. (3)

    If the ABA tells a television broadcaster, in writing, to keep the record in a particular form, the television broadcaster must keep the record in that form.

  3. (4)

    The television broadcaster must keep the record for 18 months after the transmission of the program was first reported in accordance with regulation 4.01.

  4. (5)

    If the ABA requests a television broadcaster, in writing, to give it a copy of a record kept under this regulation, the broadcaster must comply with the request.

4.04Secretary or SES employee may request copy of record

If the Secretary, an SES employee or an acting SES employee of the Department requests the ABA to give him or her a copy of a record that was given to the ABA under subregulation 4.03 (5), the ABA must comply with the request as soon as practicable.

[5]Schedule 1, clause 2A

omit

[6]Schedule 1, clause 4

substitute

4HDTV quota

  1. (1)

    After a licensee’s phase-in day for a licence area, the licensee must transmit at least the HDTV quota of high-definition television programs in HDTV digital mode in the licence area on the HDTV version of the commercial television broadcasting service concerned.

  2. (2)

    For subclause (1), the HDTV quota is as follows:

    1. (a)

      the HDTV quota for each calendar year that starts after a licensee’s phase‑in day is 1040 hours (unless paragraph (b) or (c) applies to the calendar year or a part of it);

    2. (b)

      if a licensee’s phase‑in day is on or after 1 January and before the following 1 October, the HDTV quota for the period (the first quota period) starting immediately after the phase‑in day and ending on the following 31 December is 1040 hours reduced on a pro‑rata basis (because the first quota period is less than a full calendar year);

    3. (c)

      if a licensee’s phase‑in day is on or after 1 October and before the following 31 December, the HDTV quota for the period (the first quota period) starting immediately after the phase‑in day and ending on 31 December in the next calendar year is 1040 hours increased on a pro‑rata basis (because the first quota period is more than a full calendar year).

[7]Schedule 1, notes 4 and 5

omit

[8]Schedule 2, clause 2A

omit

[9]Schedule 2, clause 4

substitute

4HDTV quota

  1. (1)

    After a national broadcaster’s phase-in day for a coverage area, the broadcaster must transmit at least the HDTV quota of high‑definition television programs in HDTV digital mode in the coverage area on the HDTV version of the national television broadcasting service concerned.

  2. (2)

    For subclause (1), the HDTV quota is as follows:

    1. (a)

      the HDTV quota for each calendar year that starts after the broadcaster’s phase‑in day is 1040 hours (unless paragraph (b) or (c) applies to the calendar year or a part of it);

    2. (b)

      if a broadcaster’s phase‑in day is on or after 1 January and before the following 1 October, the HDTV quota for the period (the first quota period) starting immediately after the phase‑in day and ending on the following 31 December is 1040 hours reduced on a pro‑rata basis (because the first quota period is less than a full calendar year);

    3. (c)

      if a broadcaster’s phase‑in day is on or after 1 October and before the following 31 December, the HDTV quota for the period (the first quota period) starting immediately after the phase‑in day and ending on 31 December in the next calendar year is 1040 hours increased on a pro‑rata basis (because the first quota period is more than a full calendar year).

[10]Schedule 2, notes 4 to 6

substitute

Note 4 See clause 5A of Schedule 4 to the Act for the definition of multi‑channelled national television broadcasting service.

Notes

1. These Regulations amend Statutory Rules 2000 No. 313, as amended by 2002 No. 335.

2. Notified in the Commonwealth of Australia Gazette

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