Broadcasting Services (Simulcast Period for Mildura/Sunraysia Licence Area) Determination (No. 2) 2009

Administered by Department of Communications and the Arts

Legislation au F2009L04283 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

Broadcasting Services (Simulcast Period for Mildura/Sunraysia Licence Area) Determination (No. 2) 2009

 

Issued by the authority of the Minister for Broadband, Communications

and the Digital Economy

 

Purpose

 

The Broadcasting Services (Simulcast Period for Mildura/Sunraysia Licence Area) Determination (No. 2) 2009 (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 Mildura/Sunraysia licence area at 30 June 2010.

 

Background

 

Legislative background

 

The Broadcasting Legislation Amendment (Digital Television Switch-over) Act 2008 amended the BSA to enable the Government to implement a phased, region-by-region digital television switchover timetable.

 

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 and digital-only transmissions will commence.

 

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 schemes as required. These are 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 to which the schemes must be directed. One objective, specified in paragraphs 6(3)(c) and 19(3)(c), is that there should be a transitional period known as the simulcast period for metropolitan and regional licence areas.  Under subclauses 6(7A) and 19(7A) of Schedule 4 to the BSA, the ACMA is responsible for determining the simulcast period for the remote licence areas (Remote and Regional Western Australia and Remote Central and Eastern Australia).

 

The Mildura/Sunraysia licence area is a regional licence area 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 for eight years or for such longer period as is determined by the Minister under subclause 6A(2). Currently, the end of the simulcast period for the Mildura/Sunraysia licence area is 30 December 2011.

 

In the case of national broadcasters, subparagraph 19(3)(c)(iii) of Schedule 4 provides that the simulcast period for a coverage area will end at the end of the simulcast period (within the meaning of paragraph 6(3)(c) of Schedule 4) for the licence area that corresponds to that coverage area.

 

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 television licence areas (determine a period for the purposes of the application of subparagraph 6(3)(c)(iia)). Subclause 6A(4) of Schedule 4 provides that a period determined under subclause 6A(2) must end before the end of 31 December 2013.

 

Subclauses 6A(7)-(10) of Schedule 4 provide for the Minister to subsequently vary, by up to three months earlier or three months later, the determined date.

 

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 has been 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 Mildura/Sunraysia licence area

 

The Mildura/Sunraysia licence area has been selected as the first licence area in Australia to switchover to digital-only television because:

  • there are a relatively small number of MDUs in the licence area;
  • there are a comparatively small number of households in the licence area expected to experience digital television signal deficiency;
  • the area has the highest proportion of households that have converted to digital television in Australia.
    According to the Digital Tracker report released by the Digital Switchover Taskforce in the Department of Broadband, Communications and the Digital Economy on 28 August 2009, 75 per cent of households in the area have a main television set with either an integrated digital tuner or a set top box, up 5 per cent from the previous quarter. General consumer awareness of switchover is also high;
  • all broadcaster operated transmitters in the licence area are located at one site; and
  • VHF analog signals in the licence area are not being replaced by UHF digital signals.

 

 

Notes on Clauses

 

Clause 1 provides that the name of the Determination is the Broadcasting Services (Simulcast Period for Mildura/Sunraysia Licence Area) Determination (No. 2) 2009 (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.

 

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 television licence areas (determine a period for the purposes of the application of subparagraph 6(3)(c)(iia)). The purpose of this Determination is to set the end of the simulcast period for the Mildura/Sunraysia licence area at 30 June 2010.

 

Consultation

 

In accordance with subclause 6A(13) of Schedule 4 to the BSA, the Minister consulted with the ACMA before making this Determination.  

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.