Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No. 2) 2012

Administered by Department of Communications and the Arts

Legislation au F2012L01897 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Broadcasting Services Act 1992

 

Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No.2) 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. 2) 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 25km radius of the Rosebery Transmission Site is to become a digital-only local market area from and including
    1 October  2012;
  • the area within the Tasmania TV1 licence area that is within a 5km radius of the Derby Transmission Site is to become a digital-only local market area from and including
    3 October 2012;
  • the area within the Tasmania TV1 licence area that is within a 500m radius of the Dover South Transmission Site is to become a digital-only local market area from and including
    4 October 2012; and
  • the area within the Tasmania TV1 licence area that is within a 15km radius of the Hillwood Transmission Site is to become a digital-only local market area from and including 
    18 October 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 Rosebery, Derby, Dover South and Hillwood Transmission Sites 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.2) 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),(b),(c), and (d) refer). These local market areas are to become digital-only local market areas from and including the dates specified under paragraphs 4.2 (a), (b), (c) and (d).

 

Paragraph 4.1(a) provides that the area within the Tasmania TV1 licence area that is within a 25km radius of the Rosebery 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 1 October 2012. Rosebery Transmission Site is the location at 41 degrees 50 minutes 44 seconds south latitude and 145 degrees 32 minutes 27 seconds east longitude, which is known as the Broadcast Site MT READ, with the Site Identification Number 34450, 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 a 5km radius of the Derby 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 3 October 2012. Derby Transmission Site is the location at 41 degrees 08 minutes 19 seconds south latitude and 147 degrees 47 minutes 28 seconds east longitude, which is known as the Broadcast Australia tower off Derby Station Rd DERBY, with the Site Identification Number 150098, as identified in the Register of Radiocommunications Licences (clause 3 refers).

 

Paragraph 4.1(c) provides that the area within the Tasmania TV1 licence area that is within a 500m radius of the Dover South 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 4 October 2012. Dover South Transmission Site is the location at 43 degrees 19 minutes 0 seconds south latitude and 147 degrees 0 minutes 54 seconds east longitude, which is known as the Broadcast Site SRL Club Chapman St DOVER, with the Site Identification Number 150621, as identified in the Register of Radiocommunications Licences (clause 3 refers).

 

Paragraph 4.1(d) provides that the area within the Tasmania TV1 licence area that is within a15km radius of the Hillwood 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 18 October 2012. Hillwood Transmission Site is the location at 41 degrees 14 minutes 33 seconds south latitude and 146 degrees 59 minutes 24 seconds east longitude, which is known as the Broadcast Site Miller Court HILLWOOD, with the Site Identification Number 150551, 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 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


Attachment C

 


Attachment D

 

Overview

The Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No.2) 2012, made by the Minister for Broadband, Communications and the Digital Economy under the Broadcasting Services Act 1992, is designed to facilitate the transition to digital television broadcasting in specific areas within the Tasmania TV1 licence area. The primary objective of this determination is to establish these areas as digital-only local market areas from specified dates, thereby requiring television broadcasters to cease analog transmissions and switch exclusively to digital broadcasting. This legislative instrument was introduced to address the logistical and technical challenges faced by broadcasters in certain transmission sites within Tasmania, where space constraints and channel overlap necessitated an earlier switch to digital-only services. The Minister for Broadband, Communications and the Digital Economy enacted this determination to ensure a smooth transition to digital television, enhancing the quality and efficiency of television services for Australian viewers. The enactment of this determination is based on the provisions of the Broadcasting Services Act 1992, which empowers the Minister to designate digital-only local market areas within a licence area. This approach allows for a phased digital switchover, recognising the diverse geographic and technical conditions within a single licence area. The Minister's decision to establish these digital-only local market areas in Tasmania was informed by consultations with the Australian Communications and Media Authority and supported by data indicating high levels of public awareness and readiness for the digital switchover. This determination ensures compliance with international human rights obligations, particularly the right to access information and cultural life, by providing continued access to television services in a superior digital format.

Scope and Application

The Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No. 2) 2012 applies to specific areas within the Tasmania TV1 licence area, which includes Hobart, Launceston, and King Island. The Act mandates that these areas will transition to digital-only television broadcasting from specified dates, requiring commercial television broadcasting licensees and national broadcasters to cease analog transmissions within these zones. The geographic scope of this legislation is limited to the specified local market areas within the Tasmania TV1 licence area, and the determination of these areas is based on their proximity to particular transmission sites. The Determination is made under the authority of the Minister for Broadband, Communications and the Digital Economy, pursuant to clause 5F(1) of Schedule 4 to the Broadcasting Services Act 1992. It sets out the precise timing for the transition to digital-only broadcasting in each of the designated areas, with specific cut-off dates for analog transmissions. The Minister must consult with the Australian Communications and Media Authority (ACMA) before making such a determination, as required by subclause 5F(11) of Schedule 4 to the BSA. This Determination does not specify any exclusions, exemptions, or thresholds other than the geographical and temporal parameters outlined within the document. The cessation of analog transmissions is designed to facilitate a smoother transition to digital television, which offers enhanced quality and efficiency.

Key Provisions

The Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No.2) 2012 outlines the areas within the Tasmania TV1 licence area that will transition to digital-only broadcasting. According to Clause 4 of the Determination, the specified areas, each within a defined radius of specific transmission sites, will become digital-only local market areas on the dates mentioned: 1 October 2012 for the area within a 25km radius of the Rosebery Transmission Site; 3 October 2012 for the area within a 5km radius of the Derby Transmission Site; 4 October 2012 for the area within a 500m radius of the Dover South Transmission Site; and 18 October 2012 for the area within a 15km radius of the Hillwood Transmission Site. These provisions mandate that commercial television broadcasting licensees and national broadcasters must cease analog transmissions and switch exclusively to digital broadcasting in these areas from the specified dates. The Determination imposes clear obligations on the broadcasters operating within the specified areas. These obligations include transitioning to digital-only transmission within the specified timeframes, ensuring that all analog transmissions cease at the designated dates, and complying with the technical requirements for digital broadcasting. Broadcasters must also ensure that their services remain accessible to the public, despite the transition from analog to digital mode. The Determination is underpinned by the requirement that the Minister consults with the Australian Communications and Media Authority (ACMA) before making such a determination, as stipulated in subclause 5F(11) of Schedule 4 to the Broadcasting Services Act 1992 (BSA). Failure to comply with the provisions of this Determination could result in legal consequences. While the Determination itself does not explicitly outline specific penalties for non-compliance, non-compliance with the BSA or related regulations could attract penalties under the BSA. For instance, contravening the provisions of the BSA that mandate the cessation of analog transmissions could potentially lead to enforcement actions, fines, or other penalties as prescribed under the Act. Additionally, broadcasters failing to adhere to the specified transition dates might face regulatory scrutiny and enforcement actions from the ACMA. These consequences underscore the importance of adhering to the mandated digital switchover timelines to ensure compliance with broadcasting regulations.

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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.