National Television Conversion Scheme Variation 2003 (No. 1) (Cth)
National Television Conversion Scheme Variation 2003 (No. 1)
The AUSTRALIAN BROADCASTING AUTHORITY makes this instrument under subclause 19 (1) of Schedule 4 to of the Broadcasting Services Act 1992.
Dated 30 January 2003
DAVID FLINT
CHAIRMAN
Australian Broadcasting Authority
Name of instrument
This instrument is the National Television Conversion Scheme Variation 2003 (No. 1).
Commencement
This instrument commences when it is approved, in writing, by the Minister.
Note See clause 32 of Schedule 4 to the Act.
Variation of National Television Conversion Scheme 1999
Schedule 1 varies the National Television Conversion Scheme 1999.
Schedule 1 Variations
(section 3)
[1] Part B
substitute
Part B Remote coverage areas
Division 1 Policy objectives
84 Policy objectives for Part B
Part B of this Scheme is directed towards ensuring the achievement of the following policy objectives:
(a) the policy objective mentioned in subclause 19 (6A) of Schedule 4 to the Act;
(b) the policy objective that a national broadcaster should be authorised, under 1 or more transmitter licences, to use 1 or more additional channels to transmit the national television broadcasting service concerned in digital mode in the holder’s remote coverage area;
(c) the policy objective that each additional channel should occupy 7 MHz of bandwidth;
(d) the policy objective that a national broadcaster may be allowed to transmit the national television broadcasting service concerned in digital mode in a remote coverage area during the whole or a part of the period before the start of the simulcast period, so long as that transmission complies with the requirements of Part B of this Scheme;
(e) the policy objective that a national broadcaster may be allowed to transmit, on a test basis, the national television broadcasting service concerned in digital mode in a remote coverage area before the start of the simulcast period for that area, so long as that transmission:
(i) complies with such requirements as are ascertained in accordance with Part B of this Scheme; and
(ii) occurs during a period ascertained in accordance with Part B of this Scheme;
(f) the policy objective that, during the simulcast period for a remote coverage area, there should, as far as practicable, be co-location of:
(i) transmitters used by a national broadcaster for that area to transmit the television broadcasting service concerned in digital mode in that area; and
(ii) transmitters used by the national broadcaster to transmit that service in analog mode in that area;
(g) the policy objective that, at the end of the simulcast period for a licence area, all transmissions of national television broadcasting services in analog mode in that area are to cease;
(h) the policy objective that national broadcasters should be permitted to use any spare transmission capacity that is available on the digital transmission channels for the purpose of the transmission of:
(i) datacasting services provided under, and in accordance with the conditions of, datacasting licences; or
(ii) national radio broadcasting services;
(i) the policy objective that the ABA is to consult national broadcasters about the implementation of Part B of this Scheme;
(j) the policy objective that, if the implementation of Part B of this Scheme affects particular broadcasting transmission towers, the ABA must consult the owners and operators of those towers;
(k) the policy objective that, if the implementation of Part B of this Scheme affects particular satellites, the ABA may consult the owners and operators of those satellites;
(l) the policy objective that, in allotting channels under this Part or a digital channel plan, the ABA must have regard to:
(i) the need to plan the most efficient use of the spectrum; and
(ii) the other relevant policy objectives of Part B of this Scheme;
(m) the policy objective that a process for conversion of transmissions of national television broadcasting services from analog mode to digital mode will occur as soon as practicable.
Note 1 The policy objective mentioned in subclause 19 (6A) of Schedule 4 to the Act is that each national broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode in a remote coverage area by such date as is ascertained in relation to that area in accordance with an implementation plan that was given by the broadcaster, and is in force, under clause 20 of that Schedule.
Note 2 The implementation of Part A of this Scheme will have priority over the implementation of Part B of this Scheme, but Part B of this Scheme will be implemented as soon as practicable.
Division 2 Technical documents
Documents about technical matters
(1) The ABA may prepare a document explaining general technical assumptions to which it will have regard when preparing or making a digital channel plan under Division 3.
(2) If the ABA prepares a document, it must publish a notice explaining where copies of the document may be obtained.
Note The ABA’s options for publishing notices are in section 4.
(3) The ABA may publish a notice stating that:
(a) a document prepared by the ABA under subsection 6 (1) of the Commercial Television Conversion Scheme 1999, and as in force when this Scheme commences, is adopted as, and taken to be, a document prepared for this section; or
(b) a document prepared by the ABA under subsection 6 (1) of this Scheme, and as in force when this Scheme commences, is adopted as, and taken to be, a document prepared for this section
Note A document prepared under subsection 6 (1) of the Commercial Television Conversion Scheme 1999 or subsection 6 (1) of this Scheme explains technical assumptions to which the ABA will have regard when considering whether the transmission of a commercial television broadcasting service in SDTV digital mode will achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.
(4) The ABA may publish a notice stating that:
(a) a document prepared by the ABA under subsection 6 (2) or 91 (1) of the Commercial Television Conversion Scheme 1999, and as in force when this Scheme commences, is adopted as, and taken to be, a document prepared for this section; or
(b) a document prepared by the ABA under subsection 6 (2) of this Scheme, and as in force when this Scheme commences, is adopted as, and taken to be, a document prepared for this section
Note A document prepared under subsection 6 (2) or 91 (1) of the Commercial Television Conversion Scheme 1999 or subsection 6 (2) of this Scheme explains general technical assumptions to which the ABA will have regard when preparing or making a digital channel plan.
(5) The ABA may, at any time, vary a document it has prepared.
(6) If the ABA varies the document, it must publish a notice explaining where copies of the variation (or the document as varied) may be obtained.
Note The ABA’s options for publishing the document are in section 4.
Division 3 Digital channel plan
86 Digital channel plan
(1) The allotment of additional channels to national broadcasters, allowing the national broadcasters to transmit programs in analog and digital modes during a simulcast period, will be done in a digital channel plan made by the ABA under section 91.
(2) 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.
(3) A digital channel plan may deal with:
(a) all remote coverage areas (other than coverage areas dealt with in Part A of this Scheme); or
(b) 1 or more specified remote coverage areas (other than coverage areas dealt with in Part A of this Scheme).
Note As a result of subsection (3), there may be more than 1 document available at any time with the title digital channel plan.
(4) A digital channel plan may also deal with a specified part of a remote coverage area.
Content of digital channel plan
(1) A digital channel plan must allot channels to national broadcasters.
(2) A digital channel plan must also explain any technical limitations on the use of a particular channel that the ABA believes should be shown.
(3) A digital channel plan must also explain whether the use of a channel depends on any event or circumstances described in the plan.
Example
If a channel is currently being used by another service, the use of the channel for digital transmission may depend on the other service vacating the channel, possibly by a particular date.
(4) A digital channel plan may include other matters.
Example
Whether there is any channel capacity available for uses other than the conversion of existing broadcasting services.
Preparing draft digital channel plan
(1) If the ABA wishes to make a digital channel plan, it must prepare a draft version of the plan, having regard to the matters in this section.
(2) The ABA must have regard to:
(a) the need to plan the most efficient use of the spectrum; and
(b) the policy objectives mentioned in section 84.
(3) The ABA may also have regard to:
(a) the cost, to national broadcasters, tower owners, tower operators and site operators, of:
(i) allotting particular channels; and
(ii) digital transmission using the channels; and
(b) the likely cost, and disruption, to consumers caused by having to receive national television broadcasting services in digital mode using allotted channels; and
(c) any interference that digital transmission using a particular channel is likely to cause to analog transmission; and
(d) if a regional equalisation plan is in force for a particular area — the plan; and
(e) other matters it considers relevant.
Notice inviting comments on draft digital channel plan
If the ABA prepares a draft digital channel plan, it must publish a notice:
(a) stating where copies of the draft plan may be obtained; and
(b) inviting comments on the draft plan in the period specified in the notice.
Note The ABA’s options for publishing the notice are in section 4.
Revising draft digital channel plan
If the ABA revises a draft digital channel plan, it must decide whether it is appropriate to give notice of and invite comments on the revised draft digital channel plan under section 89.
91 Making digital channel plan
(1) The ABA may make a digital channel plan at any time after complying with sections 89 and 90.
(2) When considering the form of a plan, the ABA must have regard to any comments it receives.
(3) If the ABA makes a digital channel plan, it must publish a notice stating where copies of the plan may be obtained.
Note The ABA’s options for publishing the notice are in section 4.
Varying digital channel plan
(1) This section applies if the ABA wishes to vary a digital channel plan made for this Scheme.
(2) The ABA must decide:
(a) whether it is appropriate to invite comments on the variation; and
(b) if so — whether it is appropriate for it to use the process for inviting comments in section 89.
Note In some circumstances, it may be more efficient for the ABA to use a different form of public consultation.
(3) If the ABA invites comments, it must have regard to any comments it receives when considering the form of a variation.
(4) The ABA must have regard to the matters mentioned in subsection 88 (2).
(5) The ABA may have regard to any of the matters mentioned in subsection 88 (3).
(6) The ABA may vary the digital channel plan:
(a) at any time after completing its consultation; or
(b) if there is no consultation — at any time.
(7) If the ABA varies the digital channel plan, it must publish a notice stating where copies of the variation may be obtained.
Note The ABA’s options for publishing the notice are in section 4.
Varying plans and characteristics
(1) The ABA may vary the characteristics, including technical specifications, of:
(a) a broadcasting service available in a remote coverage area or part of a remote coverage area; and
(b) capacity in the broadcasting services bands that are reserved for a national broadcasting service under section 31 of the Act.
Note Under subclause 24 (1) of Schedule 4 to the Act, if there is a frequency allotment plan or a licence area plan in force for the area, the ABA may amend the plan through the national television conversion scheme.
(2) If the ABA wishes to vary a characteristic, it must carry out the same consultations as are required under clause 33 of Schedule 4 to the Act for the variation of this Scheme.
(3) If the ABA varies a technical characteristic (including a technical specification) of a national broadcasting service, the ABA must make arrangements with the ACA to vary the transmitter licence issued under section 100B of the Radiocommunications Act 1992.
(4) The ABA must also make arrangements with the ACA so that transmitter licences are consistent with the characteristics.
(5) The ACA must issue or vary transmitter licences in a way that makes them consistent with the characteristics.
Note See Radiocommunications Act 1992, subsection 111 (5).
94 First digital channel plan
(1) This section applies to the preparation and making of, and the consultation process for, the first digital channel plan.
(2) The ABA may use material or a document prepared before the commencement of this section.
(3) The preparation of a draft digital channel plan by the ABA before the commencement of this section is taken to comply with section 88.
(4) The publication of a notice about a draft digital channel plan and inviting comments on the draft digital channel plan by the ABA before the commencement of this section is taken to comply with section 89.
(5) The revision of the draft digital channel plan by the ABA before the commencement of this section, and the ABA’s decision, before the commencement of this section, whether to invite comments on the revised draft digital channel plan, are taken to comply with section 90.
Division 4 Implementation plans
Implementation plans
(1) The ABA may make arrangements for:
(a) the preparation of the form of an implementation plan for remote coverage areas; and
(b) the preparation of an application form for approval of implementation plans for remote coverage areas; and
(c) advising national broadcasters for remote coverage areas of the requirements for implementation plans in remote coverage areas.
(2) However, the ABA is not required to make the arrangements before the start of all of the simulcast periods required for Part A of this Scheme.
Note See Act, Schedule 4, subclause 20 (1).
Transmitter licences
(1) This section applies if a national broadcaster’s implementation plan is approved.
(2) The ABA must make arrangements with the ACA to issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode during the simulcast period.
Note See Radiocommunications Act 1992, section 100B.
(3) However, if the national broadcaster already holds a suitable transmitter licence for the remote coverage area concerned, the ABA may make arrangements with the ACA to vary the licence, if it is necessary, to give the authorisation mentioned in subsection (2).
Note In the course of approving a series of implementation plans, transmitter licences may be issued that will support later plans in the series. In those circumstances, it may not be necessary for a new transmitter licence to be issued after the approval of each plan in the series.
(4) Also, if the national broadcaster already holds a suitable transmitter licence for the remote coverage area concerned, for test transmissions or for transmission in a regional area before the start of the simulcast period, the ABA must make arrangements with the ACA to vary the licence, if it is necessary, to give the authorisation mentioned in subsection (2).
Note Division 9 of this Part deals with transmitter licences issued to support test transmissions. Division 10 of this Part deals with transmitter licences issued to support transmission in a regional area before the start of the simulcast period.
(5) The ABA must also make arrangements with the ACA to identify conditions to which the licence should be subject, including (if appropriate) the date of effect of the licence.
(6) The ACA must issue or vary the licence in accordance with the arrangements.
Note Sections 97 to 123 have been reserved for future use.
Division 6 Starting digital transmission
123 Starting digital transmissions
Each national broadcaster must commence transmitting the national television broadcasting service concerned in SDTV digital mode on the date (or dates) identified by the national broadcaster, in an implementation plan approved by the Minister, as:
(a) the date on which the national broadcaster proposes to start SDTV digital transmission in the remote coverage area to which the implementation plan relates; or
(b) the dates on which the national broadcaster proposes to start SDTV digital transmission in specified parts of the remote coverage area.
124 Simulcast period
(1) There is a transitional period for a remote coverage area, to be known as the simulcast period.
Note See Act, Schedule 4, subclause 19 (7).
(2) A national broadcaster transmitting in a remote coverage area must transmit simultaneously the national television broadcasting service concerned in both analog mode and SDTV digital mode in the remote coverage area throughout the simulcast period.
(3) The simulcast period:
(a) begins on the date that the national broadcaster is required to start transmitting in SDTV digital mode under the national broadcaster’s implementation plan that is in force; and
(b) runs for a period determined by the ABA.
Note See subclauses 19 (7) and (7A) of Schedule 4 to the Act.
(4) Before determining the period, the ABA must:
(a) consult with:
(i) the public; and
(ii) holders; and
(iii) national broadcasters; and
(iv) the ACA; and
(v) owners and operators of broadcasting transmission towers; and
(vi) owners and operators of satellite transmission facilities; and
(b) have regard to any comments it receives during consultation.
(5) The ABA must publish the determination as soon as practicable after making it.
Note The ABA’s options for publishing the determination are in section 4.
(6) A national broadcaster transmitting in a remote coverage area must also transmit the national television broadcasting service concerned in HDTV digital mode in the remote coverage area during such part of the simulcast period as is required by regulations made under the Act.
Note Sections 125 to 133 have been reserved for future use.
Division 9 Test transmissions
Note about testing
An essential part of the conversion to digital transmission is the need for national broadcasters to test their digital equipment, and their capacity to provide transmissions of adequate coverage and quality.
Test transmissions are likely to take various forms, from full transmissions of broadcast material to short transmissions of test signals, and may happen at any time before or during a simulcast period. National broadcasters may need to use the channels allotted to them in the digital channel plan, or may want to use ‘spare’ channels for specific tests.
Although there may appear to be no visual difference between a test transmission and a ‘regular’ transmission, the Act treats them differently and allows this Scheme to impose different requirements for the kinds of transmission. This is particularly significant for a national broadcaster that wishes to transmit before the start of the simulcast period for the national broadcaster’s remote coverage area — the transmission may be a test or it may be an early start of full digital transmission.
Under this Division, the ABA will be responsible for approving all test transmissions, either by approving specific tests or by approving a testing plan submitted by a national broadcaster.
The ABA wishes to draw the reader’s attention to the provisions in this Division that state that permission to carry out tests in a particular way, or using a particular channel, is not a guarantee that a national broadcaster will have a permanent right, or obligation, to transmit in that way, or to use that channel.
Subdivision A Test transmissions
Test transmissions
(1) A national broadcaster may transmit, on a test basis, the national television broadcasting service concerned in digital mode in a remote coverage area before or after the start of the simulcast period for the area.
(2) The national broadcaster may transmit, on a test basis, material that is part of, or reasonably related to, the transmission of the national television broadcasting service concerned in digital mode in the area before or after the start of the simulcast period for the area.
(3) However, the national broadcaster may transmit on a test basis only if:
(a) the national broadcaster complies with the arrangements in this Division; and
(b) the ABA has given written permission for the transmission.
Subdivision B Approval of application form
Application form for approval of testing
(1) The ABA must approve, in writing, an application form for approval to transmit on a test basis.
(2) The ABA must publish a notice stating where copies of the application form may be obtained.
Note The ABA’s options for publishing the notice are in section 4.
Application form — essential content
(1) The application form must require a national broadcaster to tell the ABA which of the following circumstances applies:
(a) no digital channel plan is in force for the remote coverage area in which the national broadcaster wishes to transmit on a test basis;
(b) a digital channel plan is in force for the remote coverage area, and the national broadcaster wishes to transmit on a test basis using a channel allotted to the national broadcaster under the digital channel plan for the remote coverage area;
(c) a digital channel plan is in force for the remote coverage area, and the national broadcaster wishes to transmit on a test basis using a channel that was not allotted to the national broadcaster under the digital channel plan for the remote coverage area.
(2) The form must also require the national broadcaster:
(a) to identify the date on which the national broadcaster proposes to start transmission on a test basis; or
(b) to explain why it is not practicable for the national broadcaster to identify a date.
(3) The form must also require the national broadcaster to tell the ABA the period during which the national broadcaster expects to transmit on a test basis.
Application form — optional content
(1) The application form may require a national broadcaster to give information about the site of each transmitter to be used for transmission on a test basis, including:
(a) the name of the site; and
(b) the Australian map grid reference.
(2) The form may require a national broadcaster to give information about the proposed emission characteristics of each transmitter to be used for transmission on a test basis, including:
(a) the frequency band; and
(b) the channel; and
(c) the polarisation; and
(d) the effective radiated power.
(3) The form may require a national broadcaster to state that the national broadcaster has access to each site and broadcasting transmission tower it is proposing to use for transmission on a test basis.
(4) The form may require a national broadcaster to state that the national broadcaster has used its best endeavours to obtain any approvals required from third parties, and conducted necessary consultations.
Examples
1 Local government approval for use of a site.
2 Consultation with national broadcasters, and with holders, about co-location.
(5) The form may require a national broadcaster to carry out a test or other analysis described in the form.
(6) The form may require a national broadcaster to give the ABA other information.
Subdivision C Approval to transmit on a test basis
Application for approval to transmit on test basis
(1) A national broadcaster may apply to the ABA, at any time, for approval to transmit on a test basis.
Note There is no assumption that test transmissions will only be needed, or approved, before the start of the simulcast period for a remote coverage area. Testing may be needed at any time before or during the period.
(2) The national broadcaster must apply using the approved application form.
(3) To avoid doubt:
(a) strict compliance with the approved application form is required; and
(b) section 25C of the Acts Interpretation Act 1901 does not apply to the approved application form.
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.
Considering decision
(1) The ABA must consider whether the application is suitable for approval, having regard to:
(a) the criteria in this section; and
(b) other matters that it considers relevant to efficient digital transmission and the efficient use of spectrum.
(2) The application must be in strict compliance with the approved application form.
(3) The application must deal adequately with the matters with which the national broadcaster was required to deal by the application form.
(4) The ABA must be satisfied that approving the transmissions on a test basis will:
(a) assist with developing a digital channel plan, or confirming that an existing digital channel plan is satisfactory; or
(b) promote the policy objectives mentioned in section 84.
Further information about application
(1) The ABA may, in writing, ask a national broadcaster to do 1 or more of the following things to help the ABA to consider its decision on an application:
(a) to give the ABA the information mentioned in the request;
(b) to carry out a test or other analysis described in the request;
(c) to do something else mentioned in the request.
(2) The request may be to do, or repeat, something that was required in the application form.
Note See subsections 137 (5) and (6).
(3) The ABA is not required to consider the application while it is waiting for the national broadcaster to respond to the request.
Decision on application
(1) If the ABA considers that the application is suitable for approval, the ABA must, in writing:
(a) approve the application; and
(b) tell the national broadcaster of the decision as soon as practicable after approving the application.
(2) If section 143 or 148 applies, the ABA must include in the approval the following statements:
(a) the approval does not, of itself, authorise transmission on a test basis;
(b) the ABA must be able to allocate part of the radiofrequency spectrum under section 34 of the Act before the national broadcaster will be issued with a transmitter licence.
(3) The ABA may include any of the following matters in the approval:
(a) 1 or more dates on which the national broadcaster is permitted to transmit on a test basis;
(b) a period in which the national broadcaster is permitted to transmit on a test basis;
(c) technical requirements with which the national broadcaster must comply when transmitting on a test basis;
(d) conditions to which the approval is subject, including
(if appropriate) a condition that transmissions on a test basis may only be carried out in accordance with a licence mentioned in this Division.
(4) If the ABA considers that the application is not suitable for approval, the ABA must, in writing:
(a) refuse to approve the application; and
(b) tell the national broadcaster of the decision as soon as practicable after refusing to approve the application.
(5) Application may be made to the AAT for review of a decision refusing to approve the application.
Subdivision D Test transmissions if there is no digital channel plan
Application of Subdivision D
This Subdivision applies if:
(a) the ABA approves a national broadcaster’s application for approval to transmit on a test basis; and
(b) there is no digital channel plan in force for the remote coverage area, or part of a remote coverage area, where the national broadcaster wishes to transmit on a test basis.
Allocation of spectrum
(1) The ABA must consider whether to allocate part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of the transmission.
(2) However, the ABA does not guarantee that it will be able to allocate a part of the spectrum.
(3) The national broadcaster is not permitted to transmit if the ABA has not allocated a part of the spectrum.
(4) If the ABA makes a determination allocating part of the spectrum, it must publish a notice either:
(a) setting out the determination; or
(b) stating where copies of the determination may be obtained.
Note The ABA’s options for publishing the notice are in section 4.
ABA to make arrangements with ACA for issue of transmitter licence
(1) This section applies if the ABA has made a determination, allocating part of the radiofrequency spectrum to a national broadcaster under section 34 of the Act, for the purpose of the transmission.
(2) The ABA must make arrangements with the ACA to issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the national television broadcasting service concerned in digital mode on a test basis.
Note See Radiocommunications Act 1992, section 100B.
(3) The ABA must also make arrangements with the ACA to identify conditions to which the licence should be subject, including (if appropriate) conditions about:
(a) the date of effect of the licence; and
(b) the period during which the national broadcaster may transmit on a test basis.
Note See paragraph 84 (e).
(4) The ACA must issue the licence in accordance with the arrangements.
(5) The ABA does not guarantee or imply that the channel it allots to the national broadcaster for transmission on a test basis will be allotted to the national broadcaster when the ABA makes the digital channel plan.
(6) The period during which the national broadcaster may transmit on a test basis is the period for which the ABA allocates part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of the transmission.
Note See paragraph 84 (e).
Subdivision E Test transmissions if there is a digital channel plan (tests using allotted channel)
Application of Subdivision E
This Subdivision applies if:
(a) the ABA approves a national broadcaster’s application for approval to transmit on a test basis; and
(b) there is a digital channel plan in force for the remote coverage area, or part of a remote coverage area, where the national broadcaster wishes to transmit on a test basis; and
(c) the national broadcaster wishes to transmit using a channel allotted to the national broadcaster by the digital channel plan.
ABA to make arrangements with ACA for issue of transmitter licence
(1) The ABA must make arrangements with the ACA to issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode on a test basis.
Note See Radiocommunications Act 1992, section 100B.
(2) The ABA must also make arrangements with the ACA to identify conditions to which the licence should be subject, including (if appropriate) conditions about:
(a) the date of effect of the licence; and
(b) the period during which the national broadcaster may transmit on a test basis.
Note See paragraph 84 (e).
(3) The ACA must issue the licence in accordance with the arrangements.
(4) The ABA does not guarantee or imply that the characteristics, including technical specifications, in the transmitter licence issued under section 100B of the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the national broadcaster after the national broadcaster ceases testing.
Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general broadcasting: for example, power restrictions or a requirement to use equipment in a particular way.
Subdivision F Test transmissions if there is a digital channel plan (tests not using allotted channel)
Application of Subdivision F
This Subdivision applies if:
(a) the ABA approves a national broadcaster’s application for approval to transmit on a test basis; and
(b) there is a digital channel plan in force for the remote coverage area, or part of a remote coverage area, where the national broadcaster wishes to transmit on a test basis; and
(c) the national broadcaster wishes to transmit using a channel that has not been allotted to the national broadcaster by the digital channel plan.
Allocation of spectrum
(1) The ABA must consider whether to allocate part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of the transmission.
(2) However, the ABA does not guarantee that it will be able to allocate a part of the spectrum.
(3) The national broadcaster is not permitted to transmit if the ABA has not allocated a part of the spectrum.
(4) If the ABA makes a determination allocating part of the spectrum, it must publish a notice either:
(a) setting out the determination; or
(b) stating where copies of the determination may be obtained.
Note The ABA’s options for publishing the notice are in section 4.
ABA to make arrangements with ACA for issue of transmitter licence
(1) This section applies if the ABA has made a determination allocating part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of the transmission.
(2) The ABA must make arrangements with the ACA to issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode on a test basis.
Note See Radiocommunications Act 1992, section 100B.
(3) The ABA must also make arrangements with the ACA to identify conditions to which the licence should be subject, including (if appropriate) conditions about:
(a) the date of effect of the licence; and
(b) the period during which the national broadcaster may transmit on a test basis.
(4) The ACA must issue the licence in accordance with the arrangements.
(5) The ABA does not guarantee or imply that:
(a) the channel used by the national broadcaster for transmission on a test basis will be made available to the national broadcaster for any other purpose; or
(b) the characteristics, including technical specifications, in the transmitter licence issued under section 100B of the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the national broadcaster after the national broadcaster ceases testing.
Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general broadcasting: for example, power restrictions or a requirement to use equipment in a particular way.
(6) The period during which the national broadcaster may transmit on a test basis is the period for which the ABA allocates part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of the transmission.
Note See paragraph 84 (e).
Subdivision G Test data
Test data
(1) The ABA may, in writing, ask a national broadcaster to give the ABA information about transmissions on a test basis, including:
(a) the national broadcaster’s test data; and
(b) the national broadcaster’s technical conclusions from the test data.
(2) The ABA may also ask the national broadcaster, in writing, to give the information in a particular way.
(3) The national broadcaster must comply with a request as soon as practicable.
Division 10 Transmission in remote coverage area before start of simulcast period
Note about ‘early’ transmissions
This Scheme assumes that a national broadcaster will make arrangements with the intention of broadcasting in digital mode from the start of the simulcast period applicable to the national broadcaster. However, the timetable does not prevent a national broadcaster for a remote coverage area from starting transmissions before the start of the simulcast period.
It is important to note that a national broadcaster may be broadcasting before the start of simulcast periods to test its digital equipment, and its capacity to provide transmissions of adequate coverage and quality. A national broadcaster may be broadcasting its regular digital services in accordance with an approval to commence transmissions before the start of the simulcast period.
Although there may appear to be no visual difference between a test transmission and a ‘regular’ transmission, the Act treats them differently and allows this Scheme to impose different requirements for the kinds of transmission.
Under this Division, the national broadcaster will need to apply to the ABA for approval to transmit a regular digital service before the start of the simulcast period. The ABA will approve an application if certain requirements are met.
Division 10 does not apply to testing
This Division does not apply to a national broadcaster that proposes to transmit, on a test basis, a national television broadcasting service in digital mode.
Note See Division 9 of Part B of this Scheme.
Application form for approval to transmit before start of simulcast period
(1) The ABA must approve, in writing, an application form for approval to transmit before the start of the simulcast period.
(2) The ABA must publish a notice stating where copies of the form may be obtained.
Note The ABA’s options for publishing the notice are in section 4.
Application form — content
The application form must require a national broadcaster to identify the date on which the national broadcaster proposes to start digital transmission in a remote coverage area.
Application for approval to transmit before start of simulcast period
A national broadcaster for a remote coverage area may apply to the ABA for approval to transmit a national television broadcasting service in digital mode in the remote coverage area, or a part of the remote coverage area before the start of the simulcast period for that remote coverage area.
Note See Act, Schedule 4, subclauses 19 (7) and (7A) and section 124.
Considering decision on application
(1) The ABA must consider whether the application is suitable for approval, having regard to:
(a) the criteria in this section; and
(b) other matters that it considers relevant to efficient digital transmission and the efficient use of spectrum.
(2) The application must deal adequately with the matters with which the national broadcaster was required to deal by the application form.
(3) The digital channel plan for the area, or part of the area, must be in force.
(4) The application must be consistent with the policy objectives mentioned in section 84 and, in particular, the policy objectives mentioned in paragraph 84 (f).
Further information about application
(1) The ABA may, in writing, ask a national broadcaster to do 1 or more of the following things to help the ABA to consider its decision on the application:
(a) to give the ABA the information mentioned in the request;
(b) to carry out a test or other analysis described in the request;
(c) to do something else mentioned in the request.
(2) The ABA is not required to consider the application while it is waiting for the national broadcaster to respond to the request.
Decision on application
(1) If the ABA considers that the application is suitable for approval, the ABA must, in writing:
(a) approve the application; and
(b) tell the national broadcaster of the decision as soon as practicable after approving the application.
(2) If the ABA considers that the application is not suitable for approval, the ABA must, in writing:
(a) refuse to approve the application; and
(b) tell the national broadcaster of the decision as soon as practicable after refusing to approve the application.
(3) Application may be made to the AAT for review of a decision refusing to approve the application.
Transmitter licence — general
(1) If the ABA approves the application, the ABA must make arrangements with the ACA to issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode.
Note See Radiocommunications Act 1992, section 100B.
(2) However, if the national broadcaster already holds a transmitter licence for the remote coverage area, or part of the remote coverage area, concerned, for test transmissions, the ABA must make arrangements with the ACA to vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).
Note Division 9 of Part B of this Scheme deals with transmitter licences issued to support test transmissions.
(3) The ABA must also make arrangements with the ACA to identify conditions to which the licence should be subject, including (if appropriate):
(a) a condition about the date of effect of the licence; and
(b) a condition that the licence is to be in force until the end of a day determined by the ABA for this section.
(4) The ACA must issue or vary the licence in accordance with the arrangements.
(5) The ABA will ensure, as far as practicable, that the channel used by the national broadcaster for transmission will be made available to the national broadcaster during the simulcast period.
(6) However, the ABA does not guarantee or imply that the channel will be made available.
Examples of problems with making channel available during simulcast period
1 The use of the channel is inconsistent with the digital channel plan for the area.
2 The national broadcaster is required under this Scheme to surrender a transmitter licence relating to the channel.
3 A transmitter licence relating to the channel is cancelled under the Act.
(7) Also, the ABA does not guarantee or imply that the characteristics, including technical specifications, in the transmitter licence will be included in any transmitter licence subsequently issued to the national broadcaster for the area or part of the area.
Division 11 Other consultation
Consultation with national broadcasters
The ABA must consult national broadcasters about the implementation of Part B of this Scheme.
Note See paragraph 84 (i).
Consultation with tower owners and tower operators
If the implementation of Part B of this Scheme affects a particular broadcasting transmission tower, the ABA must consult the tower owner and the tower operator.
Note See paragraph 84 (j).
161 Consultation with owners and operators of satellite transmission facilities
The ABA may consult the owners and operators of satellite transmission facilities about the implementation of Part B of this Scheme.
Note See paragraph 84 (j).
[2] Dictionary, definition of simulcast period
substitute
simulcast period:
(a) for a coverage area that is not a remote coverage area, see section 44; and
(b) for a remote coverage area, see section 124.
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