LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Broadcasting Services (HDTV Demonstration Programs) Determination 2005
On 4 August 2005, the Australian Communications and Media Authority (ACMA) made the Broadcasting Services (HDTV Demonstration Programs) Determination 2005 (the instrument) under clause 37EA of Schedule 4 to the Broadcasting Services Act 1992 (the BSA).
Clause 37EA Determinations
Commercial television broadcasting licensees are subject to requirements in relation to the broadcast of digital television services. Those holding licences that were not
allocated under section 38B of the BSA[1] must simulcast the same television service
in analog, standard definition digital format mode (SDTV mode) and high definition digital format (HDTV mode).
Clause 37EA(2) of Schedule 4 of the BSA provides for ACMA to make a determination with the effect that HDTV demonstration programs will be ignored for the purpose of determining if the HDTV simulcast requirement is met.
HDTV demonstration programs are defined in clause 37EA(10) as being programs:
- broadcast on an HDTV version of a television service
- that are no longer than 60 minutes long; and
- that are produced for the sole purpose of demonstrating the benefits of transmission in HDTV mode to potential purchasers of equipment capable of receiving those transmissions.
A determination under clause 37EA must specify:
- the licensee to whom the determination will apply: and
- a period during which the determination is to apply.
Intended effect and impact
The instrument specifies that:
- the determination will apply to all commercial television broadcasting licensees, except those for services available in remote areas; and
- the determination will have effect from 7 August 2005 for twelve months.
An instrument with similar effect made by the Australian Broadcasting Authority (the ABA) ceases to have effect on 6 August 2004.[2]
ACMA intends the effect of the instrument to be to continue to allow the broadcast of HDTV demonstration programs for another 12 month period, as a way of demonstrating the benefits to consumers of receiving television services in HDTV mode.
The intended impact is to promote the use of digital television broadcasting services.
Consultation
Free TV Australia is the peak industry body for commercial television broadcasters. Free TV wrote to the ABA on 29 June 2005:
- noting the earlier determination in similar terms, referred to above,
- asking the ABA to make a new determination in similar terms.
ACMA has not undertaken any further consultation given that the instrument provides for existing rights of commercial television broadcasting licensees to continue, rather than creating completely new rights or obligations or limiting rights or obligations in any way.
Description of the provisions of the instrument
Clause (1) of the instrument names the instrument the Broadcasting Services (HDTV Demonstration Programs) Determination 2005.
Clause (2) of the instrument provides for it to commence on 7 August 2005 which is one day after the instrument in similar terms, referred to above, ceases to have effect.
Clause (3) of the instrument provides:
- a definition of specified commercial television broadcasting licensees that includes all commercial television broadcasting licensees, except those holding licences for services available in remote areas; and
- a definition of specified period as being from 7 August 2005 and ending twelve months from that date.
Clause 4 of the instrument determines that clause 37EA(1)(a) of Schedule 4 to the BSA will apply to demonstration programs broadcast by the specified commercial television broadcasting licensees during the specified period. Clause 37EA(1)(a) provides that demonstration programs must be ignored when determining whether the HDTV simulcast requirement has been met if there is a determination in force under clause 37EA(2).
[1] Section 38B permits ACMA to issue an additional licence in a two station market when specified conditions are met.
[2] In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority.