Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Digital-only Local Market Areas for Northern New South Wales TV1)
Determination (No. 1) 2012 (Amendment No. 1 of 2012)
Issued by the authority of the Minister for Broadband, Communications
and the Digital Economy
Purpose
The Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1)
Determination (No. 1) 2012 (Amendment No. 1 of 2012) (the Determination) is made by the Minister for Broadband, Communications and the Digital Economy (the Minister) under subclause 5F(5) 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 this Determination is to amend the Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012 made under subclause 5F(1) of Schedule 4 to the BSA (the Principal Determination) to amend the date on which the area within the Northern New South Wales TV1 licence area that overlaps with the Brisbane TV1 licence area is to become a digital-only local market area to 28 May 2013. The simulcast period for the corresponding regional coverage area will end on the same date.
Background
Legislative background
The BSA allows the Minister to implement a phased, region-by-region digital television switchover timetable for metropolitan and regional licence areas.
The dates for digital television switchover 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 (unless an area is a digital-only local market area). At the end of the simulcast period, or at a time an area becomes a digital-only local market area, analog transmissions will cease. Only digital television transmissions are 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 switchover 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 switchover 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 switchover at the end of the simulcast period for the licence area or coverage area.
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 (subclause 5F(5)) subject to the limitation set out in subclause 5F(6). The Minister must consult the Australian Communications and Media Authority (ACMA) before making or varying a determination (subclause 5F(11)).
The Principal Determination set the date at which the area within the Northern New South Wales TV1 licence area that overlaps with the Brisbane TV1 licence area becomes a digital-only local market area as 30 June 2013. The Minister can vary the Principal Determination under subclause 5F(5) of Schedule 4 to the BSA. The purpose of this Determination is to vary that date to 28 May 2013.
Simulcast period in the Northern New South Wales TV1 licence area
The Principal Determination made two digital-only local market areas (DOLMAs) within the Northern New South Wales TV1 licence area. These DOLMAs and the remaining area that is not a DOLMA create three zones for the purpose of switchover dates in the Northern New South Wales TV1 licence area as follows:
Zone | Area in Northern NSW TV1 licence area | Switchover Date |
1 | The area in the Northern New South Wales TV1 licence area, other than the areas that overlap with the Sydney TV1 licence area or the Brisbane TV1 licence area which is a DOLMA | 27 November 2012 |
2 | The part of the Northern New South Wales TV1 licence area which overlaps with the Brisbane TV1 licence area which is a DOLMA | 30 June 2013 (to coincide with the determined date for the end of the simulcast period in the Brisbane TV1 licence area) |
3 | The remaining area in the Northern New South Wales TV1 licence area (that area which overlaps with the Sydney TV1 licence area) which is not a DOLMA. The switchover date for this area is as specified in subparagraph 6(3)(c)(iia) of Schedule 4 to the BSA or such other date as is determined by the Minister under subclause 6A(2) of Schedule 4. | 31 December 2013 |
The Minister proposes to amend the switchover date for the Brisbane TV1 licence area to 28 May 2012 (see Broadcasting Services (Simulcast Period for Metropolitan Licence Areas) Determination (No. 1) 2009 (Amendment No. 1 of 2012)). This means that the switchover date for the Brisbane overlap area in the Northern New South Wales TV1 licence area (Zone 2) also needs to change so that it coincides with the proposed Brisbane TV1 licence area switchover date. This Determination amends the Principal Determination accordingly.
This Determination should also be read together with the proposed Broadcasting Services (Simulcast Period for Northern New South Wales TV1) Determination (No. 1) 2012 which would set the end of the simulcast period for the Northern New South Wales TV1 licence area (effectively that area which overlaps with the Sydney TV1 licence area) at 3 December 2013. The table below sets out the new switchover dates for the Northern New South Wales TV1 licence area:
Zone | Area in Northern New South Wales TV1 licence area | Switchover Date |
1 | The area in the Northern New South Wales TV1 licence area, other than the areas that overlap with the Sydney TV1 licence area or the Brisbane TV1 licence area which is a DOLMA | 27 November 2012 |
2 | The part of the Northern New South Wales TV1 licence area which overlaps with the Brisbane TV1 licence area which is a DOLMA | 28 May 2013 (to coincide with the determined date for the end of the simulcast period in the Brisbane TV1 licence area) |
3 | The remaining area in the Northern New South Wales TV1 licence area (that area which overlaps with the Sydney TV1 licence area) which is not a DOLMA. The switchover date for this area is as specified in subparagraph 6(3)(c)(iia) of Schedule 4 to the BSA or such other date as is determined by the Minister under subclause 6A(2) of Schedule 4. | 3 December 2013 |
Notes on Clauses
Clause 1 provides that the name of the Determination is the Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012 (Amendment No. 1 of 2012) (the Determination).
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 amends paragraph 4.2(b) of the Principal Determination to provide that the area within the Northern New South Wales TV1 licence area that overlaps with the Brisbane TV1 licence area is to become a digital-only local market area from and including 28 May 2013.
Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Australia is a signatory to the International Covenant on Civil and Political Rights (one of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011) (the ICCPR). Article 19(2) of the ICCPR protects freedom of expression, including the right to seek, receive and impart information and ideas of all kinds, and the means of their dissemination. Article 15(1) of the ICESCR protects the right of everyone to take part in cultural life.
The effect of this Determination is that analog transmissions in the area within the Northern New South Wales TV1 licence area that overlaps with the Brisbane TV1 licence area will cease on 28 May 2013. From then on, transmissions in this area will be digital only. The change in the mode of transmission does not limit the fundamental human right to freedom of expression as the viewer continues to have free access to television broadcasting services, albeit in digital mode only.
The move to digital television is reasonably accessible to all Australians and where vulnerable Australians need support to access digital television they are provided practical assistance by the Australian government through various programs.
The cessation of analog mode television is a necessary technological change, which has been occurring around the world. Digital television is more spectrally efficient and delivers television programs using a higher quality of transmission service and thus enhances the viewing experience for Australian audiences.
Based on this, this Determination is compatible with the rights protected by Article 15(1) of the ICESCR and Article 19(2) of the ICCPR.
Consultation
As required by subclause 5F(11) of Schedule 4 to the BSA, the Minister has consulted with the ACMA about this variation. The ACMA has indicated that it is unaware of any significant difficulties that might affect the decision to vary the switchover date in this digital-only local market area to 28 May 2013.