Broadcasting Services (Digital-Only Local Market Areas for Remote Central and Eastern Australia TV1, Remote Central and Eastern Australia TV2, Remote and Regional WA TV1 and Western Zone TV1 Licence Areas) Determination (No. 2) 2013

Administered by Department of Communications and the Arts

Legislation au F2013L00556 Not in force Legislative Instrument

Legislation content

 

 

 

Explanatory Statement

 

Broadcasting Services Act 1992

 

Broadcasting Services (Digital-Only Local Market Areas for Remote Central and Eastern Australia TV1, Remote Central and Eastern Australia TV2, Remote and Regional WA TV1 and Western Zone TV1 Licence Areas) Determination (No. 2) 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 TV1, Remote Central and Eastern Australia TV2, Remote and Regional WA TV1 and Western Zone TV1 Licence Areas) Determination (No. 2) 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, Remote Central and Eastern Australia TV2, Remote and Regional WA TV1 and Western Zone TV1 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 Birdsville Transmission Site is to become a digital-only local market area from and including 27 March 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 Jericho Transmission Site is to become a digital-only local market area from and including 27 March 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 25km radius of the Muttaburra Transmission Site is to become a digital-only local market area from and including 27 March 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 30km radius of the Camooweal Transmission Site is to become a digital-only local market area from and including 16 April 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 30km radius of the Tambo Transmission Site is to become a digital-only local market area from and including 16 April 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 Mount Molloy Transmission Site is to become a digital-only local market area from and including 18 April 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 10km radius of the Mount Garnet Transmission Site is to become a digital-only local market area from and including 24 April 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 Andamooka Transmission Site is to become a digital-only local market area from and including 2 May 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 25km radius of the St George Transmission Site is to become a digital-only local market area from and including
    7 May 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 20km radius of the Katherine Transmission Site is to become a digital-only local market area from and including
    29 May 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 20km radius of the Dimbulah Transmission Site is to become a digital-only local market area from and including
    30 May 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 10km radius of the Pine Creek Transmission Site is to become a digital-only local market area from and including
    30 May 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 10km radius of the Surat Transmission Site is to become a digital-only local market area from and including
    30 May 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 20km radius of the Thursday Island Transmission Site is to become a digital-only local market area from and including 5 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 25km radius of the
    Coober Pedy 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 Mataranka Transmission Site is to become a digital-only local market area from and including 27 June 2013;

 

  • the area within the  Remote and Regional WA TV1 and Western Zone TV1 licence areas licence area that is within a 15km radius of the Yalgoo Transmission Site is to become a digital‑only local market area from and including 27 March 2013; and

 

  • the area within the  Remote and Regional WA TV1 and Western Zone TV1 licence areas licence area that is within a 30km radius of the Leonora Transmission Site is to become a digital-only local market area from and including 18 April 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, television broadcasts may only be transmitted 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, Remote Central and Eastern Australia TV2,Remote and Regional WA TV1 and Western Zone TV1 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, and the Remote and Regional WA TV1 and Western Zone TV1 licence areas will run until and including 25 June 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
fourth  quarter of 2012, 95 per cent of households in Remote Central and Eastern Australia were aware of switchover and 84 per cent had already converted at least their main television set. In Remote and Regional WA 92 per cent of households were aware of switchover and 82 per cent had already converted at least their main television.


Broadcasters have advised that the Andamooka, Birdsville, Camooweal, Coober Pedy, Dimbulah, Jericho, Katherine, Leonora, Mataranka, Mount Garnet, Mount Molloy, Muttaburra, Pine Creek, Tambo, Thursday Island, Surat, St George and Yalgoo Sites need to switch to digital-only television transmission before the end of the simulcast period in the Remote Central and Eastern Australia TV1, Remote Central and Eastern Australia TV2, Remote and Regional WA TV1 and Western Zone TV1 licence areas, 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 the Remote Central and Eastern Australia TV1, Remote Central and Eastern Australia TV2, Remote and Regional WA TV1 and Western Zone TV1 Licence Areas) Determination (No. 2) 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, Remote Central and Eastern Australia TV2, Remote and Regional WA TV1 and Western Zone TV1 licence areas are local market areas for the purposes of Schedule 4 to the BSA (paragraphs
4.1(a) - (r)). These local market areas are to become digital-only local market areas from and including the dates specified under paragraphs 4.2 (a) – (r)

 

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 Birdsville 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 27 March 2013. Birdsville Transmission Site is the location at 25 degrees 53 minutes 52 seconds south latitude and 139 degrees 21 minutes 15 seconds east longitude, which is known as the Broadcast Site Telstra Radio Terminal BIRDSVILLE, with the Site Identification Number 15452, 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 15km radius of the Jericho 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 27 March 2013. Jericho Transmission Site is the location at 23 degrees 37 minutes 35 seconds south latitude and 146 degrees 15 minutes 18 seconds east longitude, which is known as the Broadcast/Telstra Site 13 km E of JERICHO, with the Site Identification Number 15272, 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 25km radius of the Muttaburra 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 27 March 2013. Muttaburra Transmission Site is the location at 22 degrees 35 minutes 59 seconds south latitude and 144 degrees 32 minutes 4 seconds east longitude, which is known as the Broadcast Site Hospital Hill MUTTABURRA, with the Site Identification Number 151637, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

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 and the Remote Central and Eastern Australia TV2 licence area that is within a 30km radius of the Camooweal 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 16 April 2013. Camooweal Trans mission Site is the location at 19 degrees 55 minutes 18 seconds south latitude and 138 degrees 10 minutes 28 seconds east longitude, which is known as the Broadcast Site 6 km E of CAMOOWEAL, with the Site Identification Number 151715, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(e) 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 30km radius of the Tambo Transmission Site is a local market area.  Paragraph 4.2(e) provides that this local market area is to become a digital-only local market area from and including 16 April 2013. Tambo Transmission Site is the location at 24 degrees 51 minutes 0 seconds south latitude and 146 degrees 15 minutes 58 seconds east longitude, which is known as the Broadcast Site 4 km NNE of TAMBO, with the Site Identification Number 151544, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(f) 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 Mount Molloy Transmission Site is a local market area.  Paragraph 4.2(f) provides that this local market area is to become a digital-only local market area from and including 18 April 2013. Mount Molloy Transmission Site is the location at 16 degrees 39 minutes 38 seconds south latitude and 145 degrees 19 minutes 20 seconds east longitude, which is known as the Broadcast Site 1 km N of MT MOLLOY, with the Site Identification Number 40988, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(g) 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 10km radius of the Mount Garnet Transmission Site is a local market area.  Paragraph 4.2(g) provides that this local market area is to become a digital-only local market area from and including 24 April 2013. Mount Garnet Transmission Site is the location at 17 degrees 41 minutes 12 seconds south latitude and 145 degrees 7 minutes 9 seconds east longitude, which is known as the Broadcast Site Water Treatment Plant MOUNT GARNET, with the Site Identification Number 39634, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(h) 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 Andamooka Transmission Site is a local market area.  Paragraph 4.2(h) provides that this local market area is to become a digital-only local market area from and including 2 May 2013. Andamooka Transmission Site is the location at 30 degrees 28 minutes 28 seconds south latitude and 137 degrees 9 minutes 54 seconds east longitude, which is known as the Broadcast Telstra Radio Site ANDAMOOKA, with the Site Identification Number 25545, as identified in the Register of Radiocommunications Licences (clause 3 refers).

 

Paragraph 4.1(i) 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 25km radius of the St George Transmission Site is a local market area.  Paragraph 4.2(i) provides that this local market area is to become a digital-only local market area from and including 7 May 2013. St George Transmission Site is the location at 27 degrees 59 minutes 45 seconds south latitude and 148 degrees 33 minutes 54 seconds east longitude, which is known as the Broadcast Site 5.6 km NNW of ST GEORGE, with the Site Identification Number 15491, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(j) 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 Katherine Transmission Site is a local market area.  Paragraph 4.2(j) provides that this local market area is to become a digital-only local market area from and including 29 May 2013. Katherine Transmission Site is the location at 14 degrees 28 minutes
25 seconds south latitude and 132 degrees 16 minutes 40 seconds east longitude, which is known as the Broadcast Site Telstra Repeater 8200 Lot 582 Bicentennial Road KATHERINE, with the Site Identification Number 1855, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(k) 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 Dimbulah Transmission Site is a local market area.  Paragraph 4.2(k) provides that this local market area is to become a digital-only local market area from and including 30 May 2013. Dimbulah Transmission Site is the location at 17 degrees 7 minutes 42 seconds south latitude and 145 degrees 4 minutes 4 seconds east longitude, which is known as the Broadcast Site DIMBULAH, with the Site Identification Number 40608, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(l) 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 10km radius of the Pine Creek Transmission Site is a local market area.  Paragraph 4.2(l) provides that this local market area is to become a digital-only local market area from and including 30 May 2013. Pine Creek Transmission Site is the location at 13 degrees 49 minutes 27 seconds south latitude and 131 degrees 50 minutes 7 seconds east longitude, which is known as the Broadcast Site PINE CREEK, with the Site Identification Number 1768, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(m) 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 10km radius of the Surat Transmission Site is a local market area.  Paragraph 4.2(m) provides that this local market area is to become a digital-only local market area from and including
30 May 2013. Surat Transmission Site is the location at 27 degrees 8 minutes 42 seconds south latitude and 149 degrees 8 minutes 4 seconds east longitude, which is known as the Broadcast Site MT WALPANARA, with the Site Identification Number 151460, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(n) 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 Thursday Island Transmission Site is a local market area.  Paragraph 4.2(n) provides that this local market area is to become a digital-only local market area from and including 5 June 2013. Thursday Island Transmission Site is the location at 10 degrees
35 minutes 0 seconds south latitude and 142 degrees 12 minutes 39 seconds east longitude, which is known as the Broadcast Site Green Hill THURSDAY ISLAND, with the Site Identification Number 151830, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(o) 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 25km radius of the Coober Pedy Transmission Site is a local market area.  Paragraph 4.2(o) provides that this local market area is to become a digital-only local market area from and including 12 June 2013. Coober Pedy Transmission Site is the location at 29 degrees 0 minutes 46 seconds south latitude and 134 degrees 45 minutes 28 seconds east longitude, which is known as the Broadcast Site Telstra North Site Traeger Street COOBER PEDY, with the Site Identification Number 25589, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(p) 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 Mataranka Transmission Site is a local market area.  Paragraph 4.2(p) provides that this local market area is to become a digital-only local market area from and including 27 June 2013. Mataranka Transmission Site is the location at 14 degrees 56 minutes 12 seconds south latitude and 133 degrees 3 minutes 29 seconds east longitude, which is known as the Broadcast Site Telstra Radio Terminal 8203 MATARANKA, with the Site Identification Number 2147, as identified in the Register of Radiocommunications Licences (clause 3 refers);

 

Paragraph 4.1(q) provides that the area within the Remote and Regional WA TV1 licence area and Western Zone TV1 licence area that is within a 15km radius of the Yalgoo Transmission Site is a local market area.  Paragraph 4.2(q) provides that this local market area is to become a digital-only local market area from and including 27 March 2013. Yalgoo Transmission Site is the location at 28 degrees 20 minutes 36 seconds south latitude and 116 degrees 40 minutes 45 seconds east longitude, which is known as the Broadcast Site Milligan Street YALGOO, with the Site Identification Number 31537, as identified in the Register of Radiocommunications Licences (clause 3 refers); and

 

Paragraph 4.1(r) provides that the area within the Remote and Regional WA TV1 licence area and Western Zone TV1 licence area that is within a 30km radius of the Leonora Transmission Site is a local market area.  Paragraph 4.2(r) provides that this local market area is to become a digital-only local market area from and including 18 April 2013. Leonora Transmission Site is the location at 28 degrees 53 minutes 14 seconds south latitude and 121 degrees 21 minutes 49 seconds east longitude, which is known as the Broadcast Telstra Microwave Site LEONORA, with the Site Identification Number 29850, 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 R. The maps identify the location of each of the transmission sites 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 analog transmissions cease once the area is determined to be a digital-only local market area. Transmission in this area 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

 


Attachment E

 


Attachment F


Attachment G

 


Attachment H


Attachment I


Attachment J


Attachment K

 

 

Attachment L

 


Attachment M

 


Attachment N

 


Attachment O

 

 


Attachment P

 


Attachment Q

 

 

 

 


Attachment R

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.