Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Simulcast Period for Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1) Determination (No. 1) 2010
Issued by the authority of the Minister for Broadband, Communications
and the Digital Economy
Purpose
The Broadcasting Services (Simulcast Period for Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1) Determination (No. 1) 2010 (the Determination) is made by the Minister for Broadband, Communications and the Digital Economy (the Minister) under subclause 6A(2) 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 set the end of the simulcast period for the regional licence areas and regional coverage areas of Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1 at 5 May 2011.
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 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. At the end of the simulcast period analog transmissions will cease.
Clauses 6 and 19 of Schedule 4 to the BSA set out the framework for the making by the Australian Communications and Media Authority (ACMA) of a scheme for the conversion of commercial television broadcasting services and national television broadcasting services, respectively, from analog to digital mode. The ACMA has made the Commercial Television Conversion Scheme 1999 and the National Television Conversion Scheme 1999.
Subclauses 6(3) and 19(3) of Schedule 4 to the BSA set out the policy objectives towards which the schemes must be directed. One objective, specified in paragraphs 6(3)(c) and 19(3)(c) of Schedule 4 to the BSA, is that there should be a transitional period known as the simulcast period for metropolitan and regional licence areas. The commercial television licence areas Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1 are regional licence areas (and regional coverage areas) for the purposes of the BSA.
In the case of a holder of a commercial television broadcasting licence in a regional licence area, subparagraph 6(3)(c)(iia) provides that the simulcast period should run until 31 December 2013 or for such other period as is determined by the Minister under subclause 6A(2) of Schedule 4 to the BSA. Subclause 6A(4) of Schedule 4 provides that a period determined by the Minister under subclause 6A(2) must end before the end of 31 December 2013.
The Determination will set a date for the end of the simulcast period in the commercial television licence areas Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1 as 5 May 2011.
In the case of national broadcasters, subparagraph 19(3)(c)(iii) of Schedule 4 to the BSA provides that the simulcast period for a coverage area will end at the end of the simulcast period for the corresponding commercial television licence area (determined in accordance with paragraph 6(3)(c) of Schedule 4 to the BSA).
A phased, region-by-region digital switchover timetable
On 19 October 2008, the Minister announced a phased, region-by-region timetable for the switchover to digital television. The timetable proposes to progress switchover through regional areas on a state basis, then metropolitan areas and remote Australia in 2013.
Criteria for prioritisation of particular switchover areas
The digital television switchover timetable was developed by identifying six key criteria for prioritisation and applying them to the identified switchover areas. The prioritisation operates such that the areas which require more time to prepare for switchover are later in the timetable. The key criteria are:
- Population: the number of households and other dwellings in a particular switchover area impacts on the level of resources required by industry and Government to facilitate switchover in that area.
- Number of multi dwelling units and communal aerial systems: the added complexity of converting multi dwelling units (MDUs) may impact on planning and preparation for digital switchover in a particular area. MDUs include apartment and townhouse complexes, boarding houses and hostels in both private and public ownership. A significant proportion of these MDUs have communal television aerial systems. Communal aerial systems are also used in public buildings such as hospitals and schools, as well as commercial properties such as hotels. A proportion of these aerial systems will require upgrading or reconfiguration to adequately receive digital free to air transmissions. MDUs are more common in urban and metropolitan areas.
- The number of sites of potential digital signal deficiency: the number of sites of potential digital signal deficiency in an area and the measures required to address signal deficiency may impact on planning and preparation for digital switchover.
- Ongoing cost of the analog-digital simulcast: the requirement to provide analog and digital transmissions until the end of the simulcast period represents an ongoing cost for commercial television broadcasters, and for the Government in relation to the transmission costs for national broadcasters. The cost impact is particularly significant for broadcasters operating in regional areas.
- Digital conversion: the consumer digital take-up rate in a particular area may reflect the preparedness of a particular area to switch to digital. The Government’s information campaign is designed to educate consumers, and increase community awareness, about the switch to digital television.
- Instances of VHF to UHF transition for digital transmitters: digital signals transmitted in the Ultra High Frequency (UHF) band of spectrum may have potentially less digital coverage than the existing analog service transmitted in the Very High Frequency (VHF) band. There may be some reception issues in some switchover areas where VHF analog signals are replaced by UHF digital signals.
Simulcast period in the Eastern Victoria, Regional Victoria and Western Victoria Licence Areas
The above licence areas have been selected to switchover to digital-only television on 5 May 2011. This date is consistent with the indicative timetable announced by the Minister on 19 October 2008, which was developed in conjunction with the broadcasters.
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 first quarter of 2010, of households in regional Victoria:
- 93 percent were aware of switchover, but only seven percent were aware of their switchover window;
- 72 percent had converted at least their main television set; and
- 85 percent knew how to convert to digital television.
With regard to the specific switchover date of 5 May 2011, the relevant broadcasters have raised no concerns when consulted, as the date provides them with an extended period of time within the announced switchover window to complete any outstanding work.
Notes on Clauses
Clause 1 provides that the name of the Determination is the Broadcasting Services (Simulcast Period for Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1) Determination (No. 1) 2010 (the Determination).
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. The defined terms refer to corresponding defined terms used in Schedule 4 to the BSA.
Clause 4 is the main operative clause.
Subclause 6A(2) of Schedule 4 to the BSA gives the Minister the power to make determinations for the length of the simulcast period in specific regional licence areas (that is, to determine a period for the purposes of the application of subparagraph 6(3)(c)(iia)).
Pursuant to subsection 26(1) of the BSA, the ACMA has prepared a licence area plan, the Licence Area Plan: Regional Victoria Television, which covers the licence areas of Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1.
The purpose of this Determination is to set the end of the simulcast period for the Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1 commercial television licence areas (and corresponding national television coverage areas) at 5 May 2011. As a result the simulcast period will run until and including 5 May 2011.
Consultation
In accordance with subclause 6A(13) of Schedule 4 to the BSA, the Minister consulted with the ACMA before making this Determination. The ACMA has advised the Minister that in light of the significant progress made in the rollout of digital television services to the Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1 licence areas (and coverage areas), and its discussions with relevant broadcasters throughout this process, the ACMA is unaware of any significant technical difficulties being experienced by broadcasters that might make 5 May 2011 an inappropriate date for ending the simulcast period in these licence areas and coverage areas.