Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Digital-Only Local Market Area for the Regional Victoria TV1 and Western Victoria TV1 Licence Areas) Determination (No. 1) 2011
Issued by the authority of the Minister for Broadband, Communications
and the Digital Economy
Purpose
The Broadcasting Services (Digital-Only Local Market Area for the Regional Victoria TV1 and Western Victoria TV1 Licence Areas) Determination (No. 1) 2011 (the Determination) is made by the Minister for Broadband, Communications and the Digital Economy (the Minister) under subclause 5F(1) of Schedule 4 to the Broadcasting Services Act 1992 (the BSA). The Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.
The purpose of the Determination is to determine that a specified area within the Regional Victoria TV1 and Western Victoria TV1 licence areas is to become a digital-only local market area from a specified time. This would require commercial television broadcasting licensees in that local market area to cease transmitting their services in analog mode from the specified time. After that time, television broadcasts may only be transmitted in digital mode in the local market area.
In effect, the Determination would facilitate the cessation of analog television transmissions from the Hopetoun transmission site from and including 2 February 2011.
Background
The BSA enables the Minister to implement a phased, region-by-region digital television switch-over timetable for metropolitan and regional licence areas. The dates for switch-over are set through a transitional period, known as the ‘simulcast period’, during which national and commercial television broadcasters are required to transmit simultaneously in analog and standard definition digital mode, except in those areas that are digital-only local market areas. At the end of the simulcast period, or at a time an area becomes a digital-only local market area, analog transmissions must cease. Only digital television is permitted after that time.
Clause 5F of Schedule 4 to the BSA gives the Minister the power to determine, by legislative instrument, ‘digital-only local market areas’ for a licence area. The instrument has two components: the specification of a local market area and the specification of the time the local market area becomes a digital-only market area. This facilitates a switch-over timetable based on geographical areas other than licence areas, recognising that a single licence area may contain a variety of local geographic, technical and market circumstances. In practice, clause 5F allows multiple switch-over dates to be determined in a single licence area. Any part of a licence area that is not determined to be a digital-only local market area will switch over at the end of the simulcast period for the licence area or coverage area. The simulcast period for the licence areas and coverage areas subject to this Determination runs until and including 5 May 2011.
The making of a digital-only local market area is subject to the condition that the local market area be wholly included within a licence area (subclause 5F(2) of Schedule 4 to the BSA refers) and a time specified for a local market area to become a digital-only local market area must fall within the simulcast period for the licence area concerned (subclause 5F(3)). Once made, a determination is irrevocable (subclause 5F(4)), although it may be varied subject to the limitations set out in subclauses 5F(5) to (10). The Minister must consult the ACMA before making or varying a determination (subclause 5F(11)).
Simulcast period and establishment of digital-only services in the Regional Victoria TV1 and Western Victoria TV1 licence areas
The Regional Victoria TV1 and Western Victoria TV1 licence areas are regional licence areas for the purposes of the BSA.
The Broadcasting Services (Simulcast Period for Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1) Determination (No. 1) 2010 provides that the simulcast period for the Regional Victoria TV1 and Western Victoria TV1 licence areas is to run until and including 5 May 2011.
The Hopetoun transmission site has no digital television services at present. The commercial broadcasters wish to digitise their services but the transmission facility at Hopetoun is physically too small to install enough infrastructure to allow the simulcast of analog and digital services. In order to install new digital transmission equipment, the commercial broadcasters will need to create additional space. This can be done either by construction work or by removing the existing analog transmission equipment. Due to the extremely short time (less than five months until analog switch-off on 5 May 2011) for which the newly constructed additional buildings would be required, it is proposed that analog transmissions at Hopetoun cease on 2 February 2011 to assist the roll-out of digital television in the area.
Notes on Clauses
Clause 1 provides that the name of the Determination is the Broadcasting Services (Digital-Only Local Market Area for the Regional Victoria TV1 and Western Victoria TV1 Licence Areas) Determination (No. 1) 2011.
Clause 2 provides that the Determination takes effect on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 is a definitions clause.
Clause 4 is the main operative clause.
Clause 4 provides that a certain area wholly within the Regional Victoria TV1 and Western Victoria TV1 licence is a local market area for the purpose of Schedule 4 to the BSA (subclause 4(a) refers). This area becomes a digital-only local market area from and including the date specified under subclause 4(b).
Subclause 4 (a) provides that the area within the Regional Victoria TV1 and Western Victoria TV1 licence areas that is within a 10km radius of a certain location, referred to as the Hopetoun Broadcast Site in the Determination, is a local market area. The area corresponds to the Hopetoun transmission site.
Hopetoun Broadcast Site is the location at 35 degrees 43 minutes 48 seconds south latitude and 142 degrees 21 minutes 29 seconds east longitude, which is known as the Broadcast Site Grain Silo Garrard St, Hopetoun, with the Site Identification Number 40690. Details of the site are contained in the Register of Radiocommunications Licences, which is established and maintained by the Australian Communications and Media Authority in accordance with section 143 of the Radiocommunications Act 1992 and the Radiocommunications (Register of Radiocommunications Licences) Determination 1997 (clause 3 refers).
The area will become a local market area from the commencement of this Determination (clause 2 and paragraph 4(a) of the Determination refer). In turn, the local market area is to become a digital-only local market area from and including 2 February 2011 (paragraph 4(b) of the Determination refers).
The local market area created by the Determination is illustrated in the attached map. The map identifies the location of the Hopetoun Broadcast Site and the area that is within a 10km radius of that Site (identified by the circular line in red). The area highlighted in blue, which is within the Regional Victoria TV1 and Western Victoria TV1 licence areas (highlighted in grey in the map), represents the local market area.
Consultation
In accordance with subclause 5F(11) of Schedule 4 to the BSA, the Minister consulted with the ACMA before making this Determination.
Map