Explanatory Statement
Broadcasting Services Act 1992
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. 1) 2013
Issued by the authority of the Minister for Human Services, on behalf of the Minister for Broadband, Communications and the Digital Economy in accordance with an authorisation under section 34AAB of the Acts Interpretation Act 1901.
Purpose
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. 1) 2013 (the Determination) is made under subclause 5F(1) of Schedule 4 to the Broadcasting Services Act 1992 by the Minister for Human Services, on behalf of the Minister for Broadband, Communications and the Digital Economy (the Minister), in accordance with an authorisation under section 34AAB of the Acts Interpretation Act 1901.
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 Tottenham Transmission Site is to become a digital-only local market area from and including 24 January 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 Taroom Transmission Site is to become a digital-only local market area from and including
31 January 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 50km radius of the Meandarra Transmission Site is to become a digital-only local market area from and including 31 January 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 Wirrulla Transmission Site is to become a digital-only local market area from and including
31 January 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 Wandoan Transmission Site is to become a digital-only local market area from and including
31 January 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 Woomera Transmission Site is to become a digital-only local market area from and including
28 February 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 Aramac Transmission Site is to become a digital-only local market area from and including
28 February 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 Dirranbandi Transmission Site is to become a digital-only local market area from and including 28 February 2013;
- the area within the Remote and Regional WA TV1 licence area and the Western Zone TV1 licence area that is within a 20km radius of the Laverton Transmission Site is to become a digital-only local market area from and including 17 January 2013;
- the area within the Remote and Regional WA TV1 licence area and the Western Zone TV1 licence area that is within a 10km radius of the Ravensthorpe Transmission Site is to become a digital-only local market area from and including 15 February 2013; and
- the area within the Remote and Regional WA TV1 licence areas and the Western Zone TV1 licence area that is within a 10km radius of the Cue Transmission Site is to become a digital-only local market area from and including 28 February 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 TV 2 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 third quarter of 2012, 95% of households in Remote Central and Eastern Australia and Remote and Regional WA were aware of switchover and 80% had already converted at least their main television set in Remote and Regional WA while 82% had already converted at least their main television set in Remote Central and Eastern Australia.
Broadcasters have advised that the Aramac, Cue, Dirranbandi, Laverton, Meandarra, Taroom, Tottenham, Ravensthorpe, Wandoan, Wirrulla and Woomera Transmission 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, 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 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. 1) 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) - (k)). These local market areas are to become digital-only local market areas from and including the dates specified under paragraphs 4.2 (a) – (k).
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 Tottenham 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 24 January 2013. Tottenham Transmission Site is the location at 32 degrees 13 minutes 13 seconds south latitude and 147 degrees 19 minutes 55 seconds east longitude, which is known as the Broadcast Site 3.5km NW of TOTTENHAM, with the Site Identification Number 40565, 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 20km radius of the Taroom 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 31 January 2013. Taroom Transmission Site is the location at 25 degrees 38 minutes 43 seconds south latitude and 149 degrees 48 minutes 13 seconds east longitude, which is known as the Broadcast Tower Broadcast Australia Site Cranmer St TAROOM, with the Site Identification Number 151518, 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 50km radius of the Meandarra 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 31 January 2013. Meandarra Transmission Site is the location at 27 degrees 29 minutes 30 seconds south latitude and 149 degrees 38 minutes 30 seconds east longitude, which is known as the Broadcast Site Yellowcap Ridge MEANDARRA, with the Site Identification Number 14917, 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 that is within a 30km radius of the Wirrulla 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 31 January 2013. Wirrulla Transmission Site is the location at 32 degrees 24 minutes 33 seconds south latitude and 134 degrees 36 minutes 40 seconds east longitude, which is known as the Telstra site 8 km NE of Wirrulla WIRRULLA HILL, with the Site Identification Number 25185, 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 20km radius of the Wandoan 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 31 January 2013. Wandoan Transmission Site is the location at 26 degrees 02 minutes 58 seconds south latitude and 149 degrees 57 minutes 31 seconds east longitude, which is known as the Broadcast Site Nathan Rd WANDOAN, with the Site Identification Number 151510, 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 10km radius of the Woomera 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 28 February 2013. Woomera Transmission Site is the location at 31 degrees 11 minutes 37 seconds south latitude and 136 degrees 48 minutes 49 seconds east longitude, which is known as the Telstra site Roxby Highway WOOMERA, with the Site Identification Number 25516, 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 Aramac 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
28 February 2013. Aramac Transmission Site is the location at 22 degrees 58 minutes 02 seconds south latitude and 145 degrees 14 minutes 47 seconds east longitude, which is known as the Broadcast Site ARAMAC, with the Site Identification Number 151621, 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 10km radius of the Dirranbandi 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 28 February 2013. Dirranbandi Transmission Site is the location at 28 degrees 33 minutes 34 seconds south latitude and 148 degrees 14 minutes 56 seconds east longitude, which is known as the Broadcast Site 4 km NE of DIRRANBANDI, with the Site Identification Number 151382, as identified in the Register of Radiocommunications Licences (clause 3 refers).
Paragraph 4.1(i) provides that the area within the Remote and Regional WA TV1 licence area and the Western Zone TV1 licence area that is within a 20km radius of the Laverton 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 17 January 2013. Laverton Transmission Site is the location at 28 degrees 37 minutes 45 seconds south latitude and 122 degrees 23 minutes 51 seconds east longitude, which is known as the Broadcast Australia Site Hawkes Place LAVERTON, with the Site Identification Number 29876, as identified in the Register of Radiocommunications Licences (clause 3 refers).
Paragraph 4.1(j) provides that the area within the Remote and Regional WA TV1 licence area and the Western Zone TV1 licence area that is within a 10km radius of the Ravensthorpe 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 15 February 2013. Ravensthorpe Transmission Site is the location at 33 degrees 35 minutes 15 seconds south latitude and 120 degrees 02 minutes 37 seconds east longitude, which is known as the Broadcast Site RAVENSTHORPE, with the Site Identification Number 199293, as identified in the Register of Radiocommunications Licences (clause 3 refers).
Paragraph 4.1(k) provides that the area within the Remote and Regional WA TV1 licence area and the Western Zone TV1 licence area that is within a 10km radius of the Cue 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 28 February 2013. Cue Transmission Site is the location at 27 degrees 25 minutes 49 seconds south latitude and 117 degrees 53 minutes 57 seconds east longitude, which is known as the Broadcast Site 1 km SE of CUE, with the Site Identification Number 151447, 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 K. 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