Explanatory Statement

Issued by the authority of the Australian Communications and Media Authority

DIGITAL TELEVISION COMMENCEMENT DATE (GERALDTON TV1, KALGOORLIE TV1 AND WESTERN ZONE TV1 LICENCE AREAS) DETERMINATION 2010

Commercial Television Conversion Scheme 1999

Background, purpose and legislative basis

This document provides an explanation of the Digital Television Commencement Date (Geraldton TV1, Kalgoorlie TV1 and Western Zone TV1 Licence Areas) Determination 2010 (the Determination), which has been made under subsection 138(1) of the Commercial Television Conversion Scheme 1999 (the Scheme).

The Scheme is made under subclause 6(1) of Schedule 4 to the Broadcasting Services Act 1992 (Act) which requires the Australian Communications and Media Authority (ACMA) to formulate a scheme for the gradual conversion of the transmission of commercial television broadcasting services from analog mode to digital mode.

The Scheme is divided into two Parts (Part A and Part B).  Part A applies to commercial television broadcasting services in non-remote (i.e. regional and metropolitan) licence areas, and Part B applies to remote licence areas.  Each Part contains rules for:

• the creation of digital channel plans by the ACMA, which allot digital channels to holders of existing commercial television broadcasting licences for the transmission of their services in digital mode;
• the preparation  of implementation plans by a holder of a commercial television broadcasting licence which outlines the introduction of commercial television broadcasting services in digital mode;
• test transmissions of digital services; and
• other matters necessary for the conversion of the transmission of commercial television broadcasting services from analog to digital mode.

Subsection 138(1) of the Scheme requires the ACMA to determine a date for each remote licence area by which each holder of a commercial television broadcasting licence for that area is required to commence transmitting the relevant commercial television broadcasting service in SDTV digital mode. Under subsection 138(2), the ACMA must consult with all holders of a commercial television broadcasting licence in the relevant remote licence area before determining a date for the area, and must have regard to any comments it receives during the consultation.

Subsection 138(3) of the Scheme specifies that the date determined by the ACMA under subsection 138(1) must be later than the day when the ACMA makes the determination, and subsection 138(4) specifies that the ACMA must publish the determination as soon as practicable after making it.

There are five remote commercial television licence areas in Western Australia:

●       Remote and Regional Western Australia TV1;

●       Geraldton TV1 (Geraldton);

●       Kalgoorlie TV1 (Kalgoorlie);

●       South West and Great Southern TV1; and

●       Western Zone TV1 (Western Zone).

Each is a remote licence area in accordance with the Determination of Remote Licence areas made under subclause 5(1) of Schedule 4 to the Act by the Australian Broadcasting Authority on 14 December 2000.

The Determination sets 10 June 2010 as the date by which the holders of the commercial television broadcasting licences for the Geraldton, Kalgoorlie and Western Zone licence areas are required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in each area.

On 11 June 2009, the ACMA allocated an additional commercial television broadcasting licence for each of the Geraldton, Kalgoorlie and Western Zone licence areas, under subsection 38B(5) of the Act. However, the holders of these licences have special rules about the commencement of transmission of a service in digital mode under the licence.

Consultation

The ACMA consulted with representatives from the holders of the commercial television broadcasting service licence for the relevant licence areas, Mid-Western Television Pty Ltd (MWT), Geraldton Telecasters Pty Ltd (GT) and Golden West Satellite Communications Pty Ltd (GWSC), as well as West Digital Television No.2 Pty Ltd, West Digital Television No.3 Pty Ltd and West Digital Television No. 4 Pty Ltd.

Comments made during this consultation process have been considered prior to the determination being made. Each of the licensees consulted indicated during the consultation process that the date determined was appropriate.

Regulatory Impact

The ACMA has formed the view that the recommendation in this submission would give rise to a regulatory obligation and has undertaken a regulatory impact analysis process. The ACMA has considered the matter and formed an opinion that:

•                      the proposed regulation is likely to have no or low impact on business or the economy; and

•                      neither a Regulation Impact Statement, nor a Business Cost Calculator Report, is necessary in relation to the regulatory proposal.

Commencement

In accordance with section 2, the Determination will commence the day after it is registered on the Federal Register of Legislative Instruments.

Notes on the Sections

Section 1 – Name of Determination

This section sets out the title of the Determination.

Section 2 – Commencement

This section provides that the Determination commences the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Definitions

This section sets out definitions of terms used in the Determination.

Section 4 – Determination – subsection 138 (1) of the Scheme

This section determines that, under subsection 138(1) of the Scheme, the date by which each commercial television broadcasting licence holder for the Geraldton, Kalgoorlie and Western Zone licence areas is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode is 10 June 2010. This is also the start of the simulcast period for these licence area (see section 139 of the Scheme).