National Television Conversion Scheme Variation 2009 (No. 1) (Cth)
National Television Conversion Scheme Variation 2009 (No. 1)1
Broadcasting Services Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Instrument under subclause 19 (1) of Schedule 4 to the Broadcasting Services Act 1992.
Dated 12th March 2009
CHRIS CHAPMAN
Member
CHRIS CHEAH
Member
Australian Communications and Media Authority
Name of Instrument
This Instrument is the National Television Conversion Scheme Variation 2009 (No. 1).
Commencement
This Instrument commences on the day after it is registered.
Variation of National Television Conversion Scheme 1999
Schedule 1 varies the National Television Conversion Scheme 1999.
Schedule 1 Variations
(section 3)
[1] Paragraph 14 (1) (b)
omit
section 51 does
insert
sections 49B and 51 do
[2] After section 37
insert
37AA National broadcaster must apply for variation in certain circumstances
(1) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s approved implementation plan if:
(a) the Minister has determined that a specified area within the coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and
(b) the national broadcaster:
(i) has increased the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area since the commencement of Schedule 4 to the Act and before the day the Minister makes the determination; or
(ii) increases the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area on or after the day the Minister makes the determination.
(2) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s approved implementation plan if:
(a) the Minister has determined that a specified area within the coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and
(b) the determination results in, or is likely to result in, the national broadcaster not being able to comply with the national broadcaster’s approved implementation plan.
(3) The national broadcaster must apply to the Minister using the approved application form and must apply:
(a) if subparagraph (1) (b) (i) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister; or
(b) if subparagraph (1) (b) (ii) applies — within 30 days of the national broadcaster increasing the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area or within such longer period as is notified in writing by the Minister; or
(c) if subsection (2) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister.
(4) Subsections 37 (2) and (3) apply to an application under this section.
(5) To avoid doubt, a reference in this section to a national broadcaster’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.
37AB Reduction in coverage and quality of analog transmission
(1) This section applies if:
(a) the Minister determines that a specified area included in a coverage area is a local market area that will become a digital‑only local market area (the specified area); and
(b) on or after the day the Minister makes the determination:
(i) a national broadcaster applies for approval of a variation of the national broadcaster’s approved implementation plan for the licence area; and
(ii) the national broadcaster reduces, or proposes to reduce, the level of coverage and potential reception quality achieved by the transmission of the national television broadcasting service in analog mode in the specified area from the level achieved immediately before the Minister determined that area to be a local market area; and
(c) the Minister has directed ACMA to give the Minister a report for subclause 20 (5) of Schedule 4 to the Act.
(2) For the purpose of providing a report to the Minister, ACMA may request the national broadcaster to explain:
(a) if the level of coverage and potential reception quality has been reduced — how the national broadcaster will ensure that the transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality in the specified area as was achieved by the transmission of the service in analog mode immediately before the reduction; or
(b) if the level of coverage and potential reception quality is proposed to be reduced — how the national broadcaster will maintain transmission in SDTV digital mode at the same level of coverage and potential reception quality that was in effect in the specified area immediately before the Minister determined that area to be a local market area.
(3) ACMA must send a copy of its request to the Minister.
(4) ACMA is not required to prepare its report to the Minister while it is waiting for the explanation to be provided by the national broadcaster.
(5) If ACMA acts under subsection (2), the national broadcaster’s implementation plan, as varied, must include provisions to ensure that transmission of the service in digital mode in the digital‑only local market area will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the analog service:
(a) if paragraph (2) (a) applies — immediately before the national broadcaster reduced the coverage and potential reception quality; or
(b) if paragraph (2) (b) applies — immediately before the Minister determined that area to be a local market area.
(6) The Minister is not required to consider the national broadcaster’s application while the Minister is waiting for ACMA’s report.
(7) To avoid doubt, a reference in this section to a national broadcaster’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.
[3]Section 39
omit
If
insert
(1) If
[4] Section 39
insert
(2) If the Minister considers that an application under subsection 37AA (1) or (2) is not suitable for approval:
(a) the Minister must, in writing:
(i) refuse to approve the application; and
(ii) tell the national broadcaster of the decision as soon as practicable after refusing to approve the application; and
(b) the national broadcaster must make a new application under the relevant subsection within 30 days of being told of the refusal or within such longer period as is notified in writing by the Minister.
[5] Subsection 44 (2)
substitute
(2) A national broadcaster transmitting in a coverage area must, throughout the simulcast period:
(a) transmit simultaneously the national television broadcasting service concerned in both analog mode and SDTV digital mode in so much of that area as is not a digital‑only local market area; and
(b) ensure that no transmissions of the national television broadcasting service concerned in analog mode are made in so much of that area as is a digital‑only local market area.
[6] After subsection 46 (1)
insert
(1A) This section does not apply to so much of the coverage area that is a digital‑only local market area.
[7] Part A, after Division 7
insert
Division 7A Requirements for local market areas and digital‑only local market areas
49A Review of allocation of digital channels
(1) This section applies if the Minister determines that a specified area in a coverage area is a local market area that will become a digital‑only local market area.
(2) ACMA must, as soon as practicable and before the area becomes a digital‑only local market area, consider whether to vary an existing digital channel plan for the coverage area’s simulcast period for the purposes of allotting channels for transmission of the national television broadcasting service in digital mode in the digital‑only local market area.
(3) In considering whether to vary the plan, ACMA must have regard to the following matters:
(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;
(b) whether the channels that would be allotted for digital transmission in the digital‑only local market area would be essentially the same channels as those allotted for the simulcast period;
(c) whether the existing digital channel plan adequately meets the requirements for the coverage area;
(d) whether the existing digital channel plan would adequately meet the requirements for the digital‑only local market area;
(e) whether varying the existing digital channel plan would affect the services provided in those parts of the coverage area that are not within the digital‑only local market area;
(f) the need to plan the most efficient use of the spectrum;
(g) the relevant policy objectives in clause 19 of Schedule 4 to the Act;
(h) other matters that ACMA considers relevant in relation to the efficient use of the spectrum for broadcasting, datacasting and other uses.
49B Variation of digital channel plan
(1) If, after considering the matters in subsection 49A (3), ACMA considers it appropriate or necessary to do so, ACMA may decide to vary a digital channel plan for the purpose of allotting channels for transmission of a national television broadcasting service in digital mode in the digital‑only local market area.
(2) If ACMA decides to vary an existing digital channel plan, ACMA 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.
(3) In considering the form of the variation, ACMA must have regard to:
(a) any comments it receives in response to the notice under
subsection (2); 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.
(4) ACMA may also have regard to any of the matters mentioned in subsections 9 (3), (4), (5), (6) and (7).
(5) ACMA must vary the plan before the local market area becomes a digital‑only local market area, but the plan, as varied, must not commence before the local market area becomes a digital‑only local market area.
(6) ACMA must publish a notice stating where copies of the variation may be obtained.
Note ACMA’s options for publishing the notice are in section 4.
49C End of analog transmission in digital‑only local market area and surrender of licences
(1) At the time when a local market area becomes a digital‑only local market area, all transmissions of national television broadcasting services in analog mode in the area are to cease.
Note See Act, Schedule 4, paragraph 19 (3) (ga).
(2) A national broadcaster must surrender to ACMA all transmitter licences that authorised transmission of that service in the local market area in analog mode.
(3) If ACMA varies a digital channel plan under subsection 49B (1), a national broadcaster affected by the variation must surrender to ACMA all transmitter licences that authorised transmission of the service in the local market area in digital mode.
(4) A national broadcaster that is required to surrender a transmitter licence under this section must comply with any requirements of ACMA for surrendering the licence.
49D New transmitter licences to be issued
(1) ACMA must issue to a national broadcaster affected by a variation to a digital channel plan under section 49B one or more transmitter licences, each of which:
(a) has effect from the time a local market area becomes a digital‑only local market area; and
(b) authorises the transmission of the national television broadcasting service concerned in digital mode using the channel or channels allotted by ACMA under a digital channel plan varied under section 49B.
Note See section 100B of the Radiocommunications Act 1992.
(2) If it considers it necessary to do so, ACMA must also issue to the national broadcaster a transmitter licence that authorises the transmission of the national television broadcasting service concerned in analog mode in so much of the relevant coverage area that is not a digital‑only local market area.
(3) ACMA must also:
(a) identify conditions to which the licence should be subject; and
(b) issue the licence, including the conditions.
[8] Paragraph 84 (b)
after
digital mode
insert
in so much of that area as is not a digital‑only local market area
[9] Paragraphs 84 (g) and (h)
omit each mention of
in that area
insert
in so much of that area as is not a digital‑only local market area
[10] After paragraph 84 (h)
insert
(ha) the policy objective that, during the simulcast period for a remote coverage area, no transmissions of national television broadcasting services in analog mode are to be made in so much of that area as is a digital‑only local market area;
[11] Paragraph 84 (j)
omit each mention of
in that area
insert
in so much of that area as is not a digital‑only local market area
[12] After paragraph 84 (j)
insert
(ja) the policy objective that, after a local market area becomes a digital‑only local market area, the transmission of a national television broadcasting service in SDTV digital mode in the digital‑only local market area should achieve the same level of coverage and potential reception quality as was achieved by the transmission of that service in analog mode in the local market area immediately before the local market area became a digital‑only local market area;
[13] Subsection 92 (1)
after
Scheme
insert
, and sections 130B and 132 do not apply
[14] After section 111
insert
111A National broadcaster must apply for variation in certain circumstances
(1) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s approved implementation plan if:
(a) the Minister has determined that a specified area within the remote coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and
(b) the national broadcaster:
(i) has increased the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area since the commencement of Schedule 4 to the Act and before the day the Minister makes the determination; or
(ii) increases the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area on or after the day the Minister makes the determination.
(2) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s implementation plan if:
(a) the Minister has determined that a specified area within the remote coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and
(b) the determination results in, or is likely to result in, the national broadcaster not being able to comply with the national broadcaster’s approved implementation plan.
(3) The national broadcaster must apply to the Minister using the approved application form and must apply:
(a) if subparagraph (1) (b) (i) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister; or
(b) if subparagraph (1) (b) (ii) applies — within 30 days of the national broadcaster increasing the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area or within such longer period as is notified in writing by the Minister; or
(c) if subsection (2) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister.
(4) Subsections 111 (2) and (3) apply to an application under this section.
(5) To avoid doubt, a reference in this section to a national broadcaster’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.
111B Reduction in coverage and quality of analog transmission
(1) This section applies if:
(a) the Minister determines that a specified area included in a remote coverage area is a local market area that will become a digital‑only local market area; and
(b) on or after the day the Minister makes the determination:
(i) a national broadcaster applies for approval of a variation of the national broadcaster’s approved implementation plan for the licence area; and
(ii) the national broadcaster reduces, or proposes to reduce, the level of coverage and potential reception quality achieved by the transmission of the national television broadcasting service in analog mode in the specified area from the level achieved immediately before the Minister determined that area to be a local market area; and
(c) the Minister has directed ACMA to give the Minister a report for subclause 20 (5) of Schedule 4 to the Act.
(2) For the purpose of providing a report to the Minister, ACMA may request the national broadcaster to explain:
(a) if the level of coverage and potential reception quality has been reduced — how the national broadcaster will ensure that the transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality in the specified area as was achieved by the transmission of the service in analog mode immediately before the reduction; or
(b) if the level of coverage and potential reception quality is proposed to be reduced — how the national broadcaster will maintain transmission in SDTV digital mode at the same level of coverage and potential reception quality that was in effect in the specified area immediately before the Minister determined that area to be a local market area.
(3) ACMA must send a copy of its request to the Minister.
(4) ACMA is not required to prepare its report to the Minister while it is waiting for the explanation to be provided by the national broadcaster.
(5) If ACMA acts under subsection (2), the national broadcaster’s implementation plan, as varied, must include provisions to ensure that transmission of the service in digital mode in the digital‑only local market area will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the analog service:
(a) if paragraph (2) (a) applies — immediately before the national broadcaster reduced the coverage and potential reception quality; or
(b) if paragraph (2) (b) applies — immediately before the Minister determined that area to be a local market area.
(6) The Minister is not required to consider the national broadcaster’s application while the Minister is waiting for ACMA’s report.
(7) To avoid doubt, a reference in this section to a national broadcaster’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.
[15]Section 115
omit
If
insert
(1) If
[16] Section 115
insert
(2) If the Minister considers that an application under subsection 111A (1) or (2) is not suitable for approval:
(a) the Minister must, in writing:
(i) refuse to approve the application; and
(ii) tell the national broadcaster of the decision as soon as practicable after refusing to approve the application; and
(b) the national broadcaster must make a new application under the relevant subsection within 30 days of being told of the refusal or within such longer period as is notified in writing by the Minister.
[17] Subsection 124 (2)
substitute
(2) A national broadcaster transmitting in a remote coverage area must, throughout the simulcast period:
(a) transmit simultaneously the national television broadcasting service concerned in both analog mode and SDTV digital mode in so much of that area as is not a digital‑only local market area; and
(b) ensure that no transmissions of the national television broadcasting service concerned in analog mode are made in so much of that area as is a digital‑only local market area.
[18] After subsection 126 (1)
insert
(1A) This section does not apply to so much of the remote coverage area that is a digital‑only local market area.
[19] Part B, after Division 7
insert
Division 7A Requirements for local market areas and digital‑only local market areas
130A Review of allocation of digital channels
(1) This section applies if the Minister determines that a specified area in a remote coverage area is a local market area that will become a digital‑only local market area.
(2) ACMA must, as soon as practicable and before the area becomes a digital‑only local market area, consider whether to vary an existing digital channel plan for the remote coverage area’s simulcast period for the purposes of allotting channels for transmission of the national television broadcasting service in digital mode in the digital‑only local market area.
(3) In considering whether to vary the plan, ACMA must have regard to the following matters:
(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;
(b) whether the channels that would be allotted for digital transmission in the digital‑only local market area would be essentially the same channels as those allotted for the simulcast period;
(c) whether the existing digital channel plan adequately meets the requirements for the remote coverage area;
(d) whether the existing digital channel plan would adequately meet the requirements for the digital‑only local market area;
(e) whether varying the existing digital channel plan would affect the services provided in those parts of the remote coverage area that are not within the digital‑only local market area;
(f) the need to plan the most efficient use of the spectrum;
(g) the relevant policy objectives in section 84 of this scheme;
(h) other matters that ACMA considers relevant in relation to the efficient use of the spectrum for broadcasting, datacasting and other uses.
130B Variation of digital channel plan
(1) If, after considering the matters in subsection 130A (3), ACMA considers it appropriate or necessary to do so, ACMA may decide to vary a digital channel plan for the purpose of allotting channels for transmission of a national television broadcasting service in digital mode in the digital‑only local market area.
(2) If ACMA decides to vary an existing digital channel plan, ACMA 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.
(3) In considering the form of the variation, ACMA must have regard to:
(a) any comments it receives in response to the notice under subsection (2); and
(b) the matters mentioned in subsection 88 (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.
(4) ACMA may also have regard to any of the matters mentioned in subsection 88 (3).
(5) ACMA must vary the plan before the local market area becomes a digital‑only local market area, but the plan, as varied, must not commence before the local market area becomes a digital‑only local market area.
(6) ACMA must publish a notice stating where copies of the variation may be obtained.
Note ACMA’s options for publishing the notice are in section 4.
130C End of analog transmission in digital‑only local market area and surrender of licences
(1) At the time when a local market area becomes a digital‑only local market area, all transmissions of national television broadcasting services in analog mode in the area are to cease.
Note See Act, Schedule 4, paragraph 84 (ja).
(2) A national broadcaster must surrender to ACMA all transmitter licences that authorised transmission of that service in the local market area in analog mode.
(3) If ACMA varies a digital channel plan under section 130B, a national broadcaster affected by the variation must surrender to ACMA all transmitter licences that authorised transmission of the service in the local market area in digital mode.
(4) A national broadcaster that is required to surrender a transmitter licence under this section must comply with any requirements of ACMA for surrendering the licence.
130D New transmitter licences to be issued
(1) ACMA must issue to a national broadcaster affected by a variation to a digital channel plan under section 49B one or more transmitter licences, each of which:
(a) has effect from the time a local market area becomes a digital‑only local market area; and
(b) authorises the transmission of the national television broadcasting service concerned in digital mode using the channel or channels allotted by ACMA under a digital channel plan varied under section 130B.
Note See section 100B of the Radiocommunications Act 1992.
(2) If it considers it necessary to do so, ACMA must also issue to the national broadcaster a transmitter licence that authorises the transmission of the national television broadcasting service concerned in analog mode in so much of the relevant remote coverage area that is not a digital‑only local market area.
(3) ACMA must also:
(a) identify conditions to which the licence should be subject; and
(b) issue the licence, including the conditions.
[20] Dictionary, after definition of designated HDTV multi‑channelled national television broadcasting service
insert
* digital‑only local market area see clause 5F of Schedule 4 to the Act.
[21] Dictionary, after definition of licence area
insert
* local market area see clause 5F of Schedule 4 to the Act.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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