Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Simulcast Period for the Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf Licence Areas) 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 the Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf Licence Areas) 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 Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf licence areas at 15 December 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 Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf licence areas are regional licence 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 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 Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf Licence Areas 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 (that is, to 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 Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf Licence Areas
The above licence areas have been selected to switchover to digital-only television on 15 December 2010. 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 last quarter of 2009, of households in the Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf licence areas:
- 90 percent were aware of switchover;
- 64 percent had converted at least one television set;
- 80 percent of unconverted households intended to convert their main television set to digital; and
- 77 percent knew how to convert to digital.
With regard to the specific switchover date of 15 December 2010, the relevant broadcasters have raised no concerns when consulted, as the date provides them with an extended period of time within the 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 the Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf Licence Areas) 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.
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 (that is, to 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 Broken Hill, Mount Gambier/South East, Riverland and Spencer Gulf Licence Areas at 15 December 2010 - that is, the simulcast period will run until and including 15 December 2010.
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 raised no significant concerns about the proposed date in light of its consultations with affected broadcasters regarding whether they are experiencing any significant difficulties of a technical, engineering or other nature that would make the proposed date problematic.