National Television Conversion Scheme Variation 2000 (No. 1) (Cth)

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National Television Conversion Scheme Variation 2000 (No. 1)

The AUSTRALIAN BROADCASTING AUTHORITY makes this Variation under subclause 30 (1) of Schedule 4 to the Broadcasting Services Act 1992.

Dated          14 December 2000

David Flint [Signed] Chair

Lyn Maddock [Signed] Deputy Chair

Australian Broadcasting Authority

I, RICHARD ALSTON, Minister for Communications, Information Technology and the Arts, approve this Variation under clause 32 of Schedule 4 to the Broadcasting Services Act 1992.

Dated          20 December 2000

Richard Alston [Signed]

Minister for Communications, Information Technology and the Arts

1              Name of Variation

This Variation is the National Television Conversion Scheme Variation 2000 (No. 1).

2              Commencement

This Variation commences as follows:

(a)    on 3 February 2001 – item [30] of Schedule 1;

(b)    on 1 January 2001 – the remainder. 

3              Amendment of National Television Conversion Scheme 1999

Schedule 1 amends the National Television Conversion Scheme 1999.

Schedule 1        Amendments

(section 3)

[1]         Section 5, note, second dot point

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television programs in both modes.

insert

television programs in analog and SDTV digital modes.

[2]         Section 5, note, sixth dot point

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·There are to be reviews before 1 January 2002, 1 January 2004, 1 January 2005 and 1 January 2006 of certain elements of the digital television regulatory regime.

[3]         After subsection 7 (1)

insert

(1A)   The allotment of channels to national broadcasters, allowing the national broadcasters to transmit in digital mode after a simulcast period, may be done by:

(a)    varying the digital channel plan mentioned in subsection (1); or

(b)    making a new digital channel plan.

[4]         Paragraphs 7 (2) (a) and (b)

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(including coverage areas

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(other than coverage areas

[5]         Subsection 8 (1)

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holders.

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national broadcasters. 

[6]         Subsections 9 (2) and (3)

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(2)   The ABA must have regard to:

(a)    the need to plan the most efficient use of the spectrum; and

(b)    the relevant policy objectives in clause 19 of Schedule 4 to the Act. 

[7]         Subsection 9 (4)

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to holders,

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to national broadcasters,

[7A]      Paragraph 14(1)

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(1)   This section applies if:

(a)    the ABA wishes to vary a digital channel plan made, or taken to be made, for this Scheme; and

(b)    section 51 does not apply.

[8]         Paragraph 14 (2) (b)

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section 10 of the Commercial Television Conversion Scheme 1999, as in force when this Scheme commences.

insert

section 10. 

[9]         Paragraph 14 (4)

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subsections 9 (2) and (3).

insert

subsection 9 (2).

[10]      Part A, Division 3, heading, note

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plan for the area, or the Minister may allow the national broadcaster to submit a series of plans

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plan for the area or a series of plans

[11]      Section 16

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[12]      After subsection 17 (5)

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(5A)   The plan must state whether:

(a)    the plan constitutes the implementation plan for the coverage area; or

(b)    the plan is in a series of implementation plans that the national broadcaster intends to submit for the coverage area. 

(5B)   If the plan is the first in a series of plans, the plan must also state:

(a)    that it is the first plan in a series of sequentially numbered implementation plans that the national broadcaster intends to submit for the coverage area; and

(b)    the total number of plans that the national broadcaster intends to submit for the coverage area; and

(c)    the date by which the national broadcaster expects to submit each implementation plan in the series; and

(d)    the geographic area to which an implementation plan in the series will apply; and

(e)    the reason why it is not practicable to submit a single plan for the coverage area.

(5C)   A plan that is subsequent to the first in a series of plans must also state:

(a)    the number of the implementation plan in the series of plans for the coverage area; and

(b)    the geographic area to which the implementation plan applies; and

(c)    the date by which the national broadcaster expects to submit each remaining implementation plan (if any) in the series; and

(d)    if any previous implementation plan that is part of the series has been approved by the Minister (an earlier approved plan), the details of the earlier approved plan, including:

(i)    its number in the series; and

(ii)    the date when it was approved; and

(e)    if the plan expressly or impliedly varies an earlier approved plan, the change being made and the reason for the change.

Note   Paragraphs 17 (5B) (c) and (5C) (c) are not intended to hold the national broadcaster to the dates offered. In both cases, the dates are important indicative information for the Minister’s benefit, but they are not intended to hold the broadcaster to the timetable, or to punish the broadcaster for not meeting the timetable.

[13]      Part A, Division 3, Subdivision B

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[14]      Subsection 25 (1)

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(1)        A national broadcaster must apply to the Minister for approval of an implementation plan relating to the conversion of a national television broadcasting service (other than a multi-channelled national television broadcasting service). 

[15]      After section 25

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Note   Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.

[16]      Paragraph 27 (2) (l)

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to use.

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to use;

[17]      After paragraph 27 (2) (l)

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(m)    whether the national television broadcaster’s transmission of services in digital mode will have the same level of coverage and potential reception quality throughout the simulcast period as is achieved by transmission of those services in analog mode.  

[18]      After section 37

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37A         Variation of plan in a series

An application for approval of an implementation plan in a series, being a plan that expressly or impliedly varies an earlier approved plan in the series in accordance with paragraph 17 (5C) (e), is taken to include an application for approval of the variation of the earlier approved plan.

37B         Varying approved implementation plan — request by Minister

(1)   If the Minister believes that an approved implementation plan should be varied as a consequence of a variation under section 14 or 15, the Minister may request the national broadcaster to vary the implementation plan concerned. 

(2)   If the national broadcaster gives the Minister a varied implementation plan in accordance with the request, the ABA must:

(a)    include the plan, as varied, in the register of approved implementation plans; and

(b)    notify the ACA of the variation; and

(c)    if it is necessary to support the variation of the plan, make arrangements with the ACA:

(i) to vary the transmitter licence issued under section 100B of the Radiocommunications Act 1992; and

(ii)    to identify conditions to which the licence should be subject.

(3)   The ACA must vary the licence in accordance with the arrangements.

[19]      Subsection 42 (1)

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A national broadcaster

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A national broadcaster that holds a datacasting licence issued in accordance with section 34 of the Act

[20]      After subsection 44 (3)

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(4)   A national broadcaster transmitting in a coverage area must also transmit the national television broadcasting service concerned in HDTV digital mode in the area during such part of the simulcast period as is required by regulations made under the Act.

[21]      Section 45, heading

substitute

45            Surrender of transmitter licence (failure to commence SDTV digital transmission)

[22]      Section 46, heading

substitute

46            Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

[23]      Section 47, heading

substitute

47            Surrender of transmitter licence (SDTV or HDTV standards contravened)

[24]      Subsection 47 (1)

omit

subclause 37 (1) of Schedule 4 to the Act (which deals with HDTV).

insert

subclause 37 (1), 37A (1) or 37F (1) or (3) of Schedule 4 to the Act.

[25]      Subsection 47 (2)

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the holder

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the national broadcaster

[26]      Paragraphs 47 (2) (b) and (3) (a)

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the holder

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the national broadcaster

[27]      Subsection 48 (1)

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(1)   This section applies if a holder has surrendered a transmitter licence on the grounds of a contravention of a standard under any of the following provisions of Schedule 4 to the Act:

(a)    subclause 37A (1);

(b)    subclause 37F (1);

(c)    subclause 37F (3).

Note   See Act, Schedule 4, subclause 23 (8). The subclauses that are listed deal with HDTV standards.

[28]         Subsection 49 (1)

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section 46,

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section 48,

[29]      Part A, Division 8

substitute

Division 8              End of simulcast period

50            Review of allotment

(1)   Before the end of a simulcast period, the ABA must consider whether:

(a)    an existing digital channel plan for a simulcast period can be varied; or

(b)    a new digital plan must be made;

for the purposes of allotting channels for transmission of the national broadcasting service in digital mode after the simulcast period. 

(2)   In considering which option to use, the ABA must have regard to:

(a)    whether the channels that would be allotted for digital transmission after the simulcast period would be essentially the same channels as those allotted for the simulcast period; and

(b)    whether the existing digital channel plan adequately meets the requirements for the coverage area; and

(c)    the need to plan the most efficient use of the spectrum; and

(d)    the relevant policy objectives in clause 19 of Schedule 4 to the Act; and

(e)    other matters that that the ABA considers relevant to the efficient use of the spectrum for broadcasting, datacasting and other uses. 

51            Allotment — variation of digital channel plan

(1)   If the ABA decides to vary an existing digital channel plan for a simulcast period, the ABA must publish a notice:

(a)    stating where copies of the proposed variation may be obtained; and

(b)    inviting comments on the variation in the period specified in the notice. 

(2)   In considering the form of the variation, the ABA must have regard to:

(a)    any comments it receives; and

(b)    the matters mentioned in subsection 9 (2); and

(c)    if the variation is likely to have an effect on an approved implementation plan, or on an implementation plan that has been submitted to the Minister, the effect of the variation on the approved implementation plan.

(3)   The ABA may also have regard to any of the matters mentioned in subsection 9 (4), (5), (6) or (7). 

(4)   The ABA must vary the plan before the end of the simulcast period and in such a manner as to allow the plan, as varied, to commence from the end of the simulcast period. 

(5)   The ABA must publish a notice stating where copies of the variation may be obtained.

Note   The ABA’s options for publishing the notice are in s 4.

52            Allotment — new digital channel plan

(1)   Subsections 7 (2) and (3) and sections 8 to 12 (inclusive) apply if the ABA decides to make a new digital channel plan. 

(2)   However, the ABA must make the new digital channel plan before the end of the simulcast period and in such a manner as to allow the new plan to commence from the end of the simulcast period. 

53            End of analog transmission and surrender of licences

(1)   At the end of the simulcast period for a coverage area, all transmissions of national television broadcasting services in analog mode in the area are to cease.

Note   See Act, Sch 4, para 19 (3) (h).

(2)   A national broadcaster must surrender to the ACA all transmitter licences that authorised transmission of that service in the area during the simulcast period. 

(3)   A national broadcaster that is required to surrender a transmitter licence under this section must comply with any requirements of the ACA for surrendering the licence.

54            Transmitter licences

(1)   The ABA must make arrangements with the ACA to issue to a national broadcaster one or more transmitter licences that:

(a)    have effect from the end of the simulcast period; and

(b)    authorise the transmission of the national broadcasting service concerned in digital mode using the channel or channels allotted by the ABA under a digital channel plan varied under section 51 or made under section 52. 

Note   See Radiocommunications Act 1992, s 100B.

(2)   The ABA must also make arrangements with the ACA to identify conditions to which a licence issued under this section should be subject.

(3)   The ACA must issue the licence in accordance with the arrangements.

[30]      Dictionary, definition of broadcasting transmission tower

omit everything after

used

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to supply:

(e)    a broadcasting service by means of radiocommunications using the broadcasting services bands; or

(f)    a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.

[31]      Dictionary, after definition of broadcasting transmission tower

insert

channel, in relation to digital transmission, means a channel that occupies 7MHz of bandwidth. 

[32]      Dictionary, definition of datacasting service

substitute

datacasting licence see subsection 6 (1) of the Act.

datacasting service see subsection 6 (1) of the Act.

[33]      Dictionary, after definition of digital transmission

insert

* HDTV digital mode see clause 4A of Schedule 4 to the Act. 

[34]      Dictionary, after definition of metropolitan licence area

insert

* multi-channelled national television broadcasting service see clause 5A of Schedule 4 to the Act.

national broadcaster see subsection 6 (1) of the Act. 

[35]      Dictionary, definition of remote licence area

substitute

* remote licence area see clause 5 of Schedule 4 to the Act. 

* SDTV digital mode see clause 4B of Schedule 4 to the Act. 

[36]      Further amendments — SDTV digital

Provision	omit	insert
Subsection 6 (1)	digital mode	SDTV digital mode
Subsection 6 (4), note	digital mode	SDTV digital mode
Paragraph 27 (2) (i)	digital modes	SDTV digital modes
Part A, Division 6, heading, note	start transmitting in digital mode	start transmitting in SDTV digital mode
Section 43	digital mode	SDTV digital mode
Paragraphs 43 (a) and (b)	digital transmission	SDTV digital transmission
Subsections 44 (2) and (3)	digital mode	SDTV digital mode
Paragraph 45 (1) (a)	digital transmission	SDTV digital transmission
Subsection 45 (1), note 2	digital transmission	SDTV digital transmission
Subsection 45 (2)	digital transmission	SDTV digital transmission
Paragraphs 46 (1) (a) and (b)	digital transmission	SDTV digital transmission
Subsection 46 (1), note 2	digital transmission	SDTV digital transmission
Paragraphs 46 (2) (a) and (b)	digital transmission	SDTV digital transmission