Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Digital-Only Local Market Areas for Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 Licence Areas) Determination 2013
Issued by the authority of the Minister for Broadband, Communications
and the Digital Economy
Purpose
The Broadcasting Services (Digital-Only Local Market Areas for Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 Licence Areas) Determination 2013
(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 specified areas within the Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 licence areas are to become digital-only local market areas from specified times. Specifically, this Determination determines that:
- the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 20km radius of the Bathurst Island Transmission Site is to become a digital-only local market area from and including
25 July 2013;
- the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 50km radius of the Ceduna/Smoky Bay Transmission Site is to become a digital-only local market area from and including 12 June 2013;
- the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 15km radius of the Georgetown Transmission Site is to become a digital-only local market area from and including
1 August 2013; and
- the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 5km radius of the Groote Eylandt Transmission Site is to become a digital-only local market area from and including
1 August 2013.
This would require commercial television broadcasting licensees and national broadcasters in these digital-only local market areas to cease transmitting their services in analog mode from the specified times. After such times, broadcasters may only transmit television services in digital mode in the digital-only local market areas.
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 must 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 local 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)).
Simulcast period and establishment of digital-only services in the Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 licence areas
In accordance with paragraph 139(3)(b) of the Commercial Television Conversion Scheme 1999, the ACMA determined that the simulcast period for the Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 licence areas will run until and including
10 December 2013 (Broadcasting Services (Simulcast Period End Date – Remote Licence Areas) Determination 2012).
Results in the Digital Tracker report released quarterly by the Digital Switchover Taskforce within the Department of Broadband, Communications and the Digital Economy indicate that, in the first quarter of 2013, 97 per cent of households in the Remote Central and Eastern Australia licence areas (or switchover area) were aware of switchover and 87 per cent had already converted at least their main television set to digital.
Broadcasters have advised that the Ceduna/Smoky Bay, Bathurst Island, Georgetown and Groote Eylandt transmission sites need to switch to digital-only television transmission before the end of the simulcast period in the Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 licence areas. This is due to there being insufficient space for analog and digital transmission equipment at these sites.
Notes on Clauses
Clause 1 provides that the name of the Determination is the Broadcasting Services (Digital-Only Local Market Areas for Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 Licence Areas) Determination 2013.
Clause 2 provides that the Determination takes effect on the day it is registered on the Federal Register of Legislative Instruments.
Clause 3 is a definitions clause.
Clause 4 is the main operative clause.
Subclause 4.1 provides that certain areas within the Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2 licence areas are local market areas for the purposes of Schedule 4 to the BSA (paragraphs 4.1(a) - (d)). These local market areas are to become digital-only local market areas from and including the dates specified under paragraphs 4.2 (a) – (d)
Paragraph 4.1(a) provides that the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 20km radius of the Bathurst Island Transmission Site is a local market area. Paragraph 4.2(a) provides that this local market area is to become a digital-only local market area from and including 25 July 2013. Bathurst Island Transmission Site is the location at 11 degrees 46 minutes 36 seconds south latitude and 130 degrees 33 minutes 57 seconds east longitude, which is known as the Broadcast Site Mission Hill BATHURST ISLAND, with the Site Identification Number 41238, as identified in the Register of Radiocommunications Licences (clause 3 refers);
Paragraph 4.1(b) provides that the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 50km radius of the Ceduna/Smoky Bay Transmission Site is a local market area. Paragraph 4.2(b) provides that this local market area is to become a digital-only local market area from and including 12 June 2013. Ceduna/Smoky Bay Transmission Site is the location at 32 degrees 08 minutes 24 seconds south latitude and 133 degrees 47 minutes 17 seconds east longitude, which is known as the Telstra Site 10 km east of Ceduna KONGWIRRA, with the Site Identification Number 25295, as identified in the Register of Radiocommunications Licences (clause 3 refers);
Paragraph 4.1(c) provides that the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 15km radius of the Georgetown Transmission Site is a local market area. Paragraph 4.2(c) provides that this local market area is to become a digital-only local market area from and including 1 August 2013. Georgetown Transmission Site is the location at 18 degrees 18 minutes 13 seconds south latitude and 143 degrees 32 minutes 37 seconds east longitude, which is known as the Broadcast Site Forsyth Road 1 km S of GEORGETOWN, with the Site Identification Number 40403, as identified in the Register of Radiocommunications Licences (clause 3 refers); and
Paragraph 4.1(d) provides that the area within the Remote Central and Eastern Australia TV1 licence area and the Remote Central and Eastern Australia TV2 licence area that is within a 5km radius of the Groote Eylandt Transmission Site is a local market area. Paragraph 4.2(d) provides that this local market area is to become a digital-only local market area from and including 1 August 2013. Groote Eylandt Transmission Site is the location at 13 degrees 51 minutes 06 seconds south latitude and 136 degrees 25 minutes 27 seconds east longitude, which is known as the National Site Cypress Rd Alyangula GROOTE EYLANDT, with the Site Identification Number 3138, as identified in the Register of Radiocommunications Licences (clause 3 refers).
Details of each of the transmission sites mentioned above are contained in the Register of Radiocommunications Licences, which is established and maintained by the ACMA in accordance with section 143 of the Radiocommunications Act 1992 and the Radiocommunications (Register of Radiocommunications Licences) Determination 1997 (clause 3 refers).
The digital-only local market areas determined by this Determination are illustrated in the maps at Attachments A to D. The maps identify the location of each of the transmission sites mentioned above and the areas that are within the specified distance of those sites. The digital-only local market areas are illustrated in blue.
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 International Covenant on Economic, Social and Cultural Rights (the ICESCR) protects the right of everyone to take part in cultural life.
The effect of this Determination is that commercial television broadcasting licensees and national broadcasters cease transmitting their services in analog mode once the area is determined to be a digital-only local market area. Transmission in this area thereafter by such broadcaster becomes digital only. The change in the mode of transmission does not limit the fundamental human right to freedom of expression as viewers will continue to have free access to television broadcasting services, albeit in digital mode only.
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
In accordance with subclause 5F(11) of Schedule 4 to the BSA, the Minister consulted with the ACMA before making this Determination. The ACMA raised no substantive concerns about the making of this Determination.
Attachment A
Attachment B
Attachment C
Attachment D