EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 361
Issued by the Authority of the Minister for Broadband, Communications and the Digital Economy
Broadcasting Services Act 1992
Broadcasting Services (Extension of Simulcast Period) Regulations 2007
Section 217 of the Broadcasting Services Act 1992 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Schedule 4 to the Act provides for digital television broadcasting.
Part 2 of Schedule 4 to the Act establishes the Commercial Television Conversion Scheme. One of the scheme’s objectives is that there be a simulcast period in which standard digital television (SDTV) will be transmitted alongside the existing analogue television broadcasting service.
Subparagraph 6(3)(c)(ii) of Schedule 4 to the Act provides that the simulcast period for a commercial television metropolitan licence area runs for 8 years (commencing on 1 January 2001), or such longer period as is prescribed in relation to that area.
The purpose of the Regulations is to prescribe a simulcast period of 9 years for commercial television broadcasting licensees in metropolitan licence areas.
Consequentially, the simulcast period applicable to metropolitan coverage areas for national broadcasters would automatically be adjusted in a corresponding way in accordance with paragraph 19(3)(c) of Schedule 4 to the Act.
The potential change of the switchover period to commence in 2010-2012 was extensively canvassed in 2005-2006, in the context of consultation about media reform. This included the release of two discussion papers for public comment (Driving Digital: A review of the duration of the analogue/digital television simulcast period (September 2005) and Meeting the Digital Challenge: Reforming Australia’s Media In The Digital Age – Discussion Paper On Media Reform Options (March 2006)).
Details of the proposed Regulations are set out in the Attachment.
The proposed Regulations would commence on the day after they are registered on the Federal Register of Legislative Instruments.
ATTACHMENT
Details of the Broadcasting Services (Extension of Simulcast Period) Regulations 2007
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Broadcasting Services (Extension of Simulcast Period) Regulations 2007.
Regulation 2 – Commencement
This regulation sets out the date on which the Regulations commence.
The Regulations would commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 – Definitions
This regulation sets out defined terms used in the Regulations. In particular, the Act means the Broadcasting Services Act 1992, and metropolitan licence area means (by reference to clause 2 in Schedule 4 to the Act) a licence area in which is situated the General Post Office of the capital city of:
(a) New South Wales;
(b) Victoria;
(c) Queensland;
(d) Western Australia; or
(e) South Australia.
Regulation 4 – Prescribed simulcast period (Act Sch 4, para 6(3)(c))
This Regulation prescribes a simulcast period of 9 years for commercial television broadcasting licensees in metropolitan licence areas.
Consequentially, the simulcast period applicable to metropolitan coverage areas for national broadcasters is automatically adjusted in a corresponding way (refer paragraph 19(3)(c) of Schedule 4 to the Act).
Overview
The Broadcasting Services (Extension of Simulcast Period) Regulations 2007 were issued under the authority of the Minister for Broadband, Communications and the Digital Economy and are a legislative instrument made pursuant to the Broadcasting Services Act 1992 (the Act). The primary objective of these regulations is to extend the simulcast period during which standard digital television (SDTV) is transmitted alongside the existing analogue television broadcasting service in metropolitan licence areas. This extension addresses the gap identified in the initial eight-year simulcast period prescribed in the Act, thereby allowing broadcasters additional time to transition to digital broadcasting. The regulations were developed following extensive consultation and the release of discussion papers in 2005 and 2006, aiming to ensure a smoother and more effective switchover from analogue to digital broadcasting services. These regulations, once registered, would come into effect on the subsequent day, thereby updating the simulcast period to nine years for commercial television broadcasting licensees in metropolitan areas.
Scope and Application
The Broadcasting Services (Extension of Simulcast Period) Regulations 2007 applies to commercial television broadcasting licensees in metropolitan licence areas, as defined under the Broadcasting Services Act 1992. These metropolitan areas are situated in the capital cities of New South Wales, Victoria, Queensland, Western Australia, and South Australia. The Act extends its reach to digital television broadcasting, specifically within the framework of the Commercial Television Conversion Scheme outlined in Schedule 4, Part 2 of the Act. The Regulations aim to extend the simulcast period, during which standard digital television (SDTV) transmissions occur alongside existing analogue television services, from the originally stipulated 8 years to a new period of 9 years. This extension is effective for metropolitan licence areas and automatically adjusts the simulcast period for national broadcasters in metropolitan coverage areas as per paragraph 19(3)(c) of Schedule 4 to the Act. The Regulations come into effect on the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Broadcasting Services (Extension of Simulcast Period) Regulations 2007, under Section 217 of the Broadcasting Services Act 1992, establish a framework for extending the simulcast period for digital television broadcasting. Regulation 4 of these Regulations specifically prescribes a simulcast period of 9 years for commercial television broadcasting licensees in metropolitan licence areas. This extension is crucial for ensuring a smooth transition from analogue to digital television broadcasting. Regulation 2 stipulates that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments, ensuring a timely implementation of the extended simulcast period. Regulation 3 provides definitions, clarifying terms such as 'Act' and 'metropolitan licence area,' which refers to areas where the General Post Office of the capital city is located in New South Wales, Victoria, Queensland, Western Australia, or South Australia.
These Regulations impose obligations on commercial television broadcasting licensees in metropolitan licence areas to adhere to the prescribed 9-year simulcast period. This requirement is vital for maintaining continuity in television services during the technological transition from analogue to digital broadcasting. National broadcasters in metropolitan areas are also affected, as the simulcast period for their coverage areas is automatically adjusted in accordance with the provisions of the Act. This adjustment ensures uniformity in the simulcast period across different broadcasters, facilitating a coordinated switchover to digital broadcasting.
Breach of the provisions set out in these Regulations could lead to civil or administrative consequences, although the specific penalties are not detailed in the explanatory statement. Under the Broadcasting Services Act 1992, non-compliance with regulations made under the Act could potentially result in penalties as stipulated in the primary legislation. While the exact penalties are not specified in these Regulations, they could include fines or other corrective measures aimed at ensuring adherence to the prescribed simulcast period. The overarching goal is to maintain the integrity of the broadcasting services during the critical transition phase.