Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Digital-Only Local Market Areas for the Remote and Regional WA TV1 and Western Zone TV1 Licence Areas) 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 the Remote and Regional WA TV1 and Western Zone TV1 Licence Areas) 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 two specified areas within the Remote and Regional WA TV1 and Western Zone TV1 licence areas are to become digital-only local market areas from a specified time. This Determination determines that:
- the area within the Remote and Regional WA TV1 and Western Zone TV1 licence areas that is within a 70km radius of the Carnarvon Transmission Site is to become a digital-only local market area from and including 17 May 2012; and
- the area within the Remote and Regional WA TV1 and Western Zone TV1 licence areas that is within a 50km radius of the Newman Transmission Site is to become a digital-only local market area from and including 20 July 2012.
This would require commercial television broadcasting licensees and national broadcasters in these local market areas to cease transmitting their services in analog mode from the specified time. After that time, television broadcasts may only be transmitted in digital mode in the local market areas.
Background
Legislative background
The BSA enables 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 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 switch-over 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 switch over 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 subject to the limitations set out in subclauses 5F(5) to (10). The Minister must consult the Australian Communications and Media Authority (ACMA) before making or varying a determination (subclause 5F(11)).
The ACMA has determined that the Remote and Regional WA TV1 and Western Zone TV1 licence areas are remote licence areas for the purposes of Schedule 4 to the BSA (clause 5 of Schedule 4 refers).
Subclause 6(7A) of Schedule 4 provides that the simulcast period for remote licence areas is to begin on the date determined by the ACMA in accordance with subclause 6(6A) of Schedule 4 (which relates to the start-up of digital transmission in remote licence areas) and is to run for such period as the ACMA determines under the Commercial Television Conversion Scheme 1999. Under clause 6B of Schedule 4, the ACMA must not determine that the simulcast period in a remote licence area ends after 31 December 2013.
The ACMA determined 30 June 2009 as the start of the simulcast period in the Regional and Remote WA TV1 licence area, and 10 June 2010 as the start of the simulcast period in the Western Zone TV1 licence area (section 138 of the Commercial Television Conversion Scheme 1999 refers). In the absence of a determination by the ACMA, the end of the simulcast period for these licence areas is 31 December 2013 (subsection 139(3) of the Commercial Television Conversion Scheme 1999 refers).
Simulcast period and establishment of digital-only services in the Remote and Regional WA TV1 and Western Zone TV1 licence areas
The Remote and Regional WA TV1 and Western Zone TV1 licence areas are remote licence areas for the purposes of Schedule 4 to the BSA. As noted above, in the absence of a determination by the ACMA, the end of the simulcast period for these licence areas is 31 December 2013.
Broadcasters have advised that a number of sites in the Remote and Regional WA TV1 and Western Zone TV1 licence areas may need to switch to digital-only television transmission in 2012, due to there being insufficient space for both analog and digital transmission equipment at the site, or because analog services use channels that have been designated for digital television in the area. This Determination would enable analog switchoff to take place and digital transmission to commence at two of these sites on the dates specified, as follows:
Site | Date |
Carnarvon | 17 May 2012 |
Newman | 20 July 2012 |
Notes on Clauses
Clause 1 provides that the name of the Determination is the Broadcasting Services (Digital-Only Local Market Areas for the Remote and Regional WA TV1 and Western Zone TV1 Licence Areas) Determination (No. 1) 2012.
Clause 2 provides that the Determination takes effect from 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.
Clause 4.1 provides that certain areas wholly within the 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) and (b) refer). These areas are to become digital-only local market areas from and including the date specified under paragraphs 4.2(a) and (b) respectively.
Paragraph 4.1(a) provides that the area within the Remote and Regional WA TV1 and Western Zone TV1 licence areas that is within a 70km radius of the Carnarvon 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 17 May 2012. The Carnarvon Transmission Site is the location at 24 degrees 54 minutes 26 seconds south latitude and 113 degrees 43 minutes 09 seconds east longitude, which is known as the Radio Australia Site Brown Range North West Coastal Highway, Carnarvon, with the Site Identification Number 31839 (clause 3 refers).
Paragraph 4.1(b) provides that the area within the Remote and Regional WA TV1 and Western Zone TV1 licence areas that is within a 50km radius of the Newman 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 20 July 2012. The Newman Transmission Site is the location at 23 degrees 21 minutes 01 seconds south latitude and 119 degrees 43 minutes 25 seconds east longitude, which is known as the ABC Tower TV Hill Approx 1km NW, Newman, with the Site Identification Number 151609 (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 Australian Communications and Media Authority 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. This is because the Determination does not engage any of the applicable rights or freedoms and does not raise any human rights issues.
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 of the ICCPR deals with freedom of expression and Australia has made a reservation to paragraph 2 of Article 19.
This Determination is consistent with such reservation, which states that the regulation of television broadcasting in the public interest with the object of providing the best possible broadcasting services to the Australian people is compatible with Article 19 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