Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No. 3) 2012

Administered by Department of Communications and the Arts

Legislation au F2012L02140 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No. 3) 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. 3) 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 15km radius of the Maydena Transmission Site is to become a digital-only local market area from and including
    5 December 2012; and
  • the area within the Tasmania TV1 licence area that is within a 15km radius of the King Island Transmission Site is to become a digital-only local market area from and including
    12 December 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 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 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 second quarter of 2012, 90% of households in Tasmania were aware of switchover and 87% had already converted at least their main television set. 

 

Broadcasters have advised that the Maydena and King Island 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.3) 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)). 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 15km radius of the Maydena 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 5 December 2012. Maydena Transmission Site is the location at 42 degrees 46 minutes 33 seconds south latitude and 146 degrees 39 minutes 11 seconds east longitude, which is known as the Fletcher Challenge & TV Site ABBOTTS LOOKOUT, with the Site Identification Number 33167, 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 15km radius of the King Island 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 December 2012. King Island Transmission Site is the location at 40 degrees 02 minutes 15 seconds south latitude and 144 degrees 00 minutes 54 seconds east longitude, which is known as the Radio Terminal Gentle Annie KING ISLAND, with the Site Identification Number 33781, 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 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

 

Overview

The Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No. 3) 2012, enacted under the Broadcasting Services Act 1992, was introduced to address the specific issue of the digital television switchover in Tasmania's TV1 licence area, particularly around the Maydena and King Island transmission sites. This legislative instrument, issued by the Minister for Broadband, Communications and the Digital Economy, aims to transition specified areas within the Tasmania TV1 licence area to become digital-only local market areas from designated dates, thereby requiring broadcasters to cease analog transmissions in these areas and transition to digital-only transmissions. The purpose of this determination is to facilitate a phased digital switchover, recognising geographical, technical, and market variations within a single licence area. The enactment of this determination is part of a broader policy objective to enhance television broadcasting quality through the adoption of more spectrally efficient digital technology. The enactment of this determination by the Minister is subject to consultation with the Australian Communications and Media Authority (ACMA), ensuring that the changes are technically feasible and do not unduly burden broadcasters or viewers. This determination is also assessed for compatibility with human rights, specifically the right to freedom of expression and participation in cultural life, as it ensures continued access to television services in a higher quality digital format. The cessation of analog transmissions is seen as a necessary technological advancement that aligns with global trends and improves the overall viewing experience for Australians.

Scope and Application

The Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No. 3) 2012 applies to commercial television broadcasting licensees and national broadcasters operating within specified areas of the Tasmania TV1 licence area. This legislative instrument, issued by the Minister for Broadband, Communications and the Digital Economy under the Broadcasting Services Act 1992, designates certain geographic regions within the Tasmania TV1 licence area as digital-only local market areas. Specifically, it mandates that areas within a 15km radius of the Maydena Transmission Site and the King Island Transmission Site transition to digital-only television broadcasting from 5 December 2012 and 12 December 2012, respectively. Broadcasters within these areas must cease analog transmissions and switch exclusively to digital broadcasting upon these dates. The determination is made to facilitate a smooth transition to digital-only services due to technical constraints and equipment space limitations at these transmission sites. The jurisdictional reach of this Determination is confined to the specified areas within the Tasmania TV1 licence area, which is a regional licence area under the Broadcasting Services Act 1992. The Determination does not apply to other areas outside the specified 15km radii of the Maydena and King Island Transmission Sites. The Minister is required to consult with the Australian Communications and Media Authority (ACMA) before making or varying such a determination, as stipulated in subclause 5F(11) of Schedule 4 to the BSA. The ACMA’s consultation is integral to ensuring that the switchover to digital-only broadcasting is technically feasible and does not adversely affect service delivery or consumer rights. The Determination is compatible with human rights, particularly the right to freedom of expression, as it ensures continued access to television services in a higher quality digital format.

Key Provisions

The Broadcasting Services (Digital-Only Local Market Areas for Tasmania TV1) Determination (No. 3) 2012 specifies the areas within the Tasmania TV1 licence area that are to become digital-only local market areas. According to clause 4 of the Determination, two specific areas are to transition to digital-only broadcasting: the area within a 15km radius of the Maydena Transmission Site, effective from 5 December 2012 (subclause 4.2(a)), and the area within a 15km radius of the King Island Transmission Site, effective from 12 December 2012 (subclause 4.2(b)). These provisions require commercial television broadcasters and national broadcasters operating in these areas to cease analog transmissions and switch exclusively to digital broadcasting from the specified dates. This ensures that television services in these regions adhere to the digital-only transmission mandate. The obligations imposed by the Determination on broadcasting entities are straightforward but critical. Broadcasters must ensure that their transmission equipment and facilities are fully compatible with digital broadcasting standards by the effective dates of the Determination. They must also ensure that all necessary infrastructure modifications are made in time to avoid any interruption in service. Additionally, broadcasters are required to inform their viewers about the impending switch and provide guidance on how to access digital television services. These obligations ensure a smooth transition to digital-only broadcasting and maintain service continuity for viewers in the specified areas. Failure to comply with the provisions of the Determination can result in significant consequences. Broadcasters who do not cease analog transmissions by the specified dates or who fail to adequately inform their viewers may face penalties. While the specific penalties are not detailed in the Determination, breaches of broadcasting regulations typically result in fines or other sanctions. These penalties serve as a deterrent to non-compliance and ensure that the transition to digital-only broadcasting is carried out as mandated by the Determination. The potential for enforcement action underscores the importance of adhering to the specified timelines and obligations.

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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.