Broadcasting Services (Simulcast Period for Southern New South Wales TV1 and Griffith and MIA TV1) Determination (No. 1) 2011

Explanatory Statement

Broadcasting Services Act 1992

Broadcasting Services (Simulcast Period for Southern New South Wales TV1 and Griffith and MIA TV1) Determination (No. 1) 2011

Issued by the authority of the Minister for Broadband, Communications

and the Digital Economy

Purpose

The Broadcasting Services (Simulcast Period for Southern New South Wales TV1 and Griffith and MIA TV1) Determination (No. 1) 2011 (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 this Determination is to set the end of the simulcast period for the regional licence areas of Southern New South Wales TV1 and Griffith and MIA TV1 at 5 June 2012. The simulcast period for the corresponding regional coverage areas will end on the same date.

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 will cease. Only digital television transmissions are permitted after that time.

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), is that there should be a transitional period known as the simulcast period for metropolitan and regional licence areas. The commercial television licence areas of Southern New South Wales TV1 and Griffith and MIA TV1 are regional licence areas (with corresponding 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) of Schedule 4 to the BSA 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 of Schedule 4 to the BSA (see subclause 6A(2)). Subclause 6A(4) provides that a period determined by the Minister under subclause 6A(2) must end before the end of 31 December 2013.

The Determination sets the date for the end of the simulcast period in the commercial television licence areas of Southern New South Wales TV1 and Griffith and MIA TV1 as 5 June 2012.

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).

As a result, the end of the simulcast period in the regional coverage areas that correspond to the regional licence areas of Southern New South Wales TV1 and Griffith and MIA TV1 will be 5 June 2012.

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 Southern New South Wales TV1 and Griffith and MIA TV1 licence areas

The switchover timetable released by the Minister on 19 October 2008 provides for the licence areas of Southern New South Wales TV1 and Griffith and MIA TV1 to switch to digital-only television between 1 January and 30 June 2012. The Southern New South Wales TV1 licence area includes the towns of Canberra, Cooma, Dubbo, Eden, Gundagai, Mudgee, Orange, Thredbo, Ulladulla, Wagga Wagga and Wollongong. The Griffith and MIA TV1 licence area includes the towns of Griffith and Hay.

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 2011, 95% of households in southern New South Wales were aware of switchover and 84% had already converted at least their main television set. 

The Minister has decided to determine 5 June 2012 as the switchover date for the Southern NSW TV1 and Griffith and MIA TV1 licence areas.

Notes on Clauses

Clause 1 provides that the name of the Determination is the Broadcasting Services (Simulcast Period for Southern New South Wales TV1 and Griffith and MIA TV1) Determination (No. 1) 2011 (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.

Clause 4 provides that the simulcast period for the Southern New South Wales TV1 and Griffith and MIA TV1 commercial television licence areas will run until and including 5 June 2012. Consequently, the simulcast period ends on the same date for the corresponding regional coverage areas for national broadcasters in southern New South Wales.

Consultation

As required by subclause 6A(13) of Schedule 4 to the BSA, the Minister has consulted with the ACMA about the timing of the end of the simulcast period in Southern New South Wales TV1 and Griffith and MIA TV1.

The ACMA has indicated that it is unaware of any significant difficulties that might affect the decision to determine 5 June 2012 as the switchover date in these areas. The Minister has also consulted with broadcasters on the proposed switchover date in these areas.  The affected 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.