Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No.1) 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 Tasmania TV1) Determination (No. 1) 2012 (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 Tasmania TV1
licence area are to become digital-only local market areas from specified times. Specifically, this Determination determines that:
- the area within the Tasmania TV1 licence area that is within a 30km radius of the Bicheno Transmission Site is to become a digital-only local market area from and including
25 September 2012; and - the area within the Tasmania TV1 licence area that is within a 30km radius of the Swansea Transmission Site is to become a digital-only local market area from and including
25 September 2012.
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 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)).
Simulcast period and establishment of digital-only services in the Tasmania TV1licence area
The Tasmania TV1 licence area is a regional licence area for the purposes of Schedule 4 to the BSA. The Tasmania TV1 licence area includes Hobart, Launceston and King Island.
In accordance with subclause 6A(2) of Schedule 4 to the BSA, the Minister determined that the simulcast period for the Tasmania TV1 licence area will run until and including 9 April 2013 (the Broadcasting Services (Simulcast Period for Tasmania TV1) Determination (No. 1) 2012 refers).
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 2012, 94% of households in Tasmania were aware of switchover and 88% had already converted at least their main television set.
Broadcasters have advised that the Bicheno Transmission Site and the Swansea Transmission Site need to switch to digital-only television transmission before the end of the simulcast period in the Tasmania TV1 licence area, due to there being insufficient space for analog and digital transmission equipment at these sites, because some analog services use channels that have been designated for digital services in the same area, or to avoid the need for new digital services to be restacked in the future.
Notes on Clauses
Clause 1 provides that the name of the Determination is the Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No.1) 2012.
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.
Subclause 4.1 provides that certain areas within the Tasmania TV1 licence area are local market areas for the purposes of Schedule 4 to the BSA (paragraphs 4.1(a)and (b) refer). These local market areas are to become digital-only local market areas from and including the dates specified under paragraphs 4.2 (a) and (b).
Paragraph 4.1(a) provides that the area within the Tasmania TV1 licence area that is within a 30km radius of the Bicheno 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 September 2012. Bicheno Transmission Site is the location at 41 degrees 52 minutes 58 seconds south latitude and 148 degrees 17 minutes 42 seconds east longitude, which is known as the Broadcast Site 1km of BICHENO, with the Site Identification Number 33477, as identified in the Register of Radiocommunications Licences (clause 3 refers).
Paragraph 4.1(b) provides that the area within the Tasmania TV1 licence area that is within 30km radius of the Swansea 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 25 September 2012. Swansea Transmission Site is the location at 42 degrees 07 minutes 36 seconds south latitude and 148 degrees 04 minutes 19 seconds east longitude, which is known as the Broadcast Site Reservoir Noyes St SWANSEA, with the Site Identification Number 33378, 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 and B. 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 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 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
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