Digital Television Commencement Date (Geraldton TV1, Kalgoorlie TV1 and Western Zone TV1 Licence Areas) Determination 2010

Administered by Department of Communications and the Arts

Legislation au F2010L01087 Not in force Legislative Instrument

Legislation content

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).

Overview

The Digital Television Commencement Date (Geraldton TV1, Kalgoorlie TV1 and Western Zone TV1 Licence Areas) Determination 2010 was enacted to specify the commencement date for digital television broadcasting in three Western Australian remote licence areas. Made under subsection 138(1) of the Commercial Television Conversion Scheme 1999, the determination was issued by the Australian Communications and Media Authority (ACMA) to facilitate the transition from analog to digital television broadcasting in accordance with the Broadcasting Services Act 1992. The ACMA was required to consult with the relevant licence holders and consider any comments received before setting the date, which was determined to be 10 June 2010. The policy objective of the Determination is to ensure a coordinated and timely conversion to digital broadcasting, enhancing service quality and future-proofing the industry. The commencement of the Determination is set for the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Digital Television Commencement Date (Geraldton TV1, Kalgoorlie TV1 and Western Zone TV1 Licence Areas) Determination 2010 applies to the holders of commercial television broadcasting licences in the Geraldton, Kalgoorlie and Western Zone licence areas in Western Australia. This legislation falls under the purview of the Australian Communications and Media Authority (ACMA) as per subsection 138(1) of the Commercial Television Conversion Scheme 1999, which was made under the Broadcasting Services Act 1992. The Determination is specifically designed to mandate the transition of commercial television broadcasting services from analog to digital mode (specifically SDTV digital mode) within the specified remote licence areas, and it applies on a national level. The ACMA must consult with all relevant licence holders before determining a commencement date, and any comments received during consultation are considered in making the final determination. The Determination excludes other remote licence areas in Western Australia and is subject to publication requirements under subsection 138(4) of the Scheme. The commencement of the Determination is scheduled for the day after its registration on the Federal Register of Legislative Instruments, as outlined in section 2 of the document.

Key Provisions

The main operative sections of the Digital Television Commencement Date (Geraldton TV1, Kalgoorlie TV1 and Western Zone TV1 Licence Areas) Determination 2010 are found in sections 2, 3, and 4. Section 2 outlines the commencement date of the Determination, which is the day after it is registered on the Federal Register of Legislative Instruments. Section 3 provides definitions for terms used in the Determination, ensuring clarity and consistency in its interpretation and application. Section 4, under subsection 138(1) of the Commercial Television Conversion Scheme 1999, determines the date by which the commercial television broadcasting licence holders for the Geraldton, Kalgoorlie and Western Zone licence areas must commence transmitting in SDTV digital mode, which is set as 10 June 2010. This date also marks the beginning of the simulcast period for these licence areas. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that the Australian Communications and Media Authority (ACMA) consult with all relevant licence holders before determining a commencement date for digital transmission in remote licence areas. This ensures that the views and concerns of all stakeholders are considered in the decision-making process. Secondly, the licence holders in the specified areas must adhere to the determined date for commencing digital transmission. This requirement is crucial for the orderly and coordinated transition from analog to digital broadcasting. Finally, the ACMA must publish the Determination as soon as practicable after making it, ensuring transparency and timely communication of the regulatory changes to all relevant parties. Any breach of the provisions outlined in the Determination may result in civil or criminal consequences. Although the Determination does not explicitly state the penalties for non-compliance, breaches of similar provisions in related legislation can result in significant fines. For instance, under the Broadcasting Services Act 1992, a person who contravenes a provision of the Act may be liable to a penalty not exceeding $110,000 for a corporation and $22,000 for an individual. In more serious cases, criminal penalties may apply, including imprisonment for up to two years. These penalties serve as a deterrent to non-compliance and ensure the effective enforcement of the regulatory requirements.

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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.