National Television Conversion Scheme 1999

as amended

made under subclause 19 (1) of Schedule 4 to the

Broadcasting Services Act 1992

This compilation was prepared on 13 March 2012
taking into account amendments up to National Television Conversion Scheme Variation 2011 (No. 2)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1 Name of Scheme [see Note 1]

2 Commencement [see Note 1]

3 Definitions — the dictionary etc

3A Application

4 Publication

5 Notes

Part A Coverage areas that are not remote coverage areas

Division 1 Technical documents

6 Documents about technical matters

Division 2 Digital channel plan

7 Digital channel plan

8 Content of digital channel plan

9 Preparing draft digital channel plan

10 Notice inviting comments on draft digital channel plan

11 Revising draft digital channel plan

12 Making digital channel plan

13 Adoption of digital channel plan made for commercial television broadcasting service

14 Varying digital channel plan

15 Varying plans and characteristics

Division 3 Implementation plans

Subdivision A Approval of documents

17 Form of implementation plan

18 Application form for approval of implementation plan

19 Application form — essential content

20 Application form — optional content

Subdivision C Approval of implementation plans

25 Application for approval of implementation plan

26 Minister to tell the ACMA when application received

27 Matters for the ACMA to take into account if preparing a report

28 Reduction in coverage and quality of digital transmission

29 Location of transmitters

30 Further information about application — the ACMA report

31 Further information about application — Minister’s request

32 New implementation plan

33 Minister must tell the ACMA about decision

34 Register of approved implementation plans

Subdivision D Transmitter licences

35 Transmitter licence

Division 4 Variation of approved implementation plan

36 Application form for approval of variation

37 Application for approval of variation

37AA National broadcaster must apply for variation in certain circumstances

37AB Reduction in coverage and quality of analog transmission

37A Variation of plan in a series

37B Varying approved implementation plan — request by Minister

38 Minister may consult about variation

39 Minister must tell the ACMA about decision

40 Register of approved implementation plans

41 Transmitter licence

Division 5 Datacasting services

42 Use of transmission capacity for datacasting services

Division 6 Starting digital transmission

43 Starting digital transmissions

44 Simulcast period

Division 7 Problems with starting or maintaining digital transmission

45 Surrender of transmitter licence (failure to commence SDTV digital transmission)

46 Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

47 Surrender of transmitter licence (SDTV or HDTV requirements contravened)

48 Replacement transmitter licence after HDTV requirements contravened

49 the ACMA to issue transmitter licence

Division 7A Requirements for local market areas and digital‑only local market areas

49C End of analog transmission in digital‑only local market area and surrender of licences

Division 8 End of simulcast period

53 End of analog transmission and surrender of licences

Division 9 Test transmissions

Subdivision A Test transmissions

55 Test transmissions

Subdivision B Approval of application form

56 Application form for approval of testing

57 Application form — essential content

58 Application form — optional content

Subdivision C Approval to transmit on a test basis

59 Application for approval to transmit on test basis

60 Considering decision

61 Further information about application

62 Decision on application

Subdivision D Test transmissions if there is no digital channel plan

63 Application of Subdivision D

64 Allocation of spectrum

65 the ACMA to issue transmitter licence

Subdivision E Test transmissions if there is a digital channel plan (tests using allotted channel)

66 Application of Subdivision E

67 the ACMA to issue transmitter licence

Subdivision F Test transmissions if there is a digital channel plan (tests not using allotted channel)

68 Application of Subdivision F

69 Allocation of spectrum

70 the ACMA to issue transmitter licence

Subdivision G Test data

71 Test data

Division 10 Transmission in regional coverage area before start of simulcast period

72 Division 10 does not apply to testing

73 Application form for approval to transmit before start of simulcast period

74 Application form — content

75 Application for approval to transmit before start of simulcast period

76 Considering decision on application

77 Further information about application

78 Decision on application

79 Transmitter licence — general

80 Transmitter licence — no application, or unapproved application, for approval of implementation plan by start of simulcast period

81 Transmitter licence — starting before start date

Division 11 Other consultation

82 Consultation with national broadcasters

83 Consultation with tower owners and tower operators

Part B Remote coverage areas

Division 1 Policy objectives

84 Policy objectives for Part B

Division 2 Technical documents

85 Documents about technical matters

Division 3 Digital channel plan

86 Digital channel plan

87 Content of digital channel plan

88 Preparing draft digital channel plan

89 Notice inviting comments on draft digital channel plan

90 Revising draft digital channel plan

91 Making digital channel plan

92 Varying digital channel plan

93 Varying plans and characteristics

94 First digital channel plan

Division 4 Implementation plans

Subdivision A Approval of documents

95 Form of implementation plan

96 Application form for approval of implementation plan

97 Application form — essential content

98 Application form — optional content

Subdivision B Approval of implementation plans

99 Application for approval of implementation plan

100 Minister to tell the ACMA when application received

101 Matters for the ACMA to take into account if preparing a report

102 Reduction in coverage and quality of digital transmission

103 Location of transmitters

104 Further information about application — the ACMA report

105 Further information about application — Minister’s request

106 New implementation plan

107 Minister must tell the ACMA about decision

108 Register of approved implementation plans

Subdivision C Transmitter licences

109 Transmitter licence

Subdivision D Variation of approved implementation plan

110 Application form for approval of variation

111 Application for approval of variation

111A National broadcaster must apply for variation in certain circumstances

111B Reduction in coverage and quality of analog transmission

112 Variation of plan in a series

113 Varying approved implementation plan — request by Minister

114 Minister may consult about variation

115 Minister must tell the ACMA about decision

116 Register of approved implementation plans

117 Transmitter licence

Division 5 Datacasting services

118 Use of transmission capacity for datacasting services

Division 6 Starting digital transmission

123 Starting digital transmissions

124 Simulcast period

Division 7 Problems with starting or maintaining digital transmission

125 Surrender of transmitter licence (failure to commence SDTV digital transmission)

126 Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

127 Surrender of transmitter licence (SDTV or HDTV requirements contravened)

128 Replacement transmitter licence after HDTV requirements contravened

129 the ACMA to issue transmitter licence

Division 7A Requirements for local market areas and digital‑only local market areas

130C End of analog transmission in digital‑only local market area and surrender of licences

Division 8 End of simulcast period

133A End of analog transmission and surrender of licences

Division 9 Test transmissions

Subdivision A Test transmissions

134 Test transmissions

Subdivision B Approval of application form

135 Application form for approval of testing

136 Application form — essential content

137 Application form — optional content

Subdivision C Approval to transmit on a test basis

138 Application for approval to transmit on test basis

139 Considering decision

140 Further information about application

141 Decision on application

Subdivision D Test transmissions if there is no digital channel plan

142 Application of Subdivision D

143 Allocation of spectrum

144 the ACMA to issue transmitter licence

Subdivision E Test transmissions if there is a digital channel plan (tests using allotted channel)

145 Application of Subdivision E

146 the ACMA to issue transmitter licence

Subdivision F Test transmissions if there is a digital channel plan (tests not using allotted channel)

147 Application of Subdivision F

148 Allocation of spectrum

149 the ACMA to issue transmitter licence

Subdivision G Test data

150 Test data

Division 10 Transmission in remote coverage area before start of simulcast period

151 Division 10 does not apply to testing

152 Application form for approval to transmit before start of simulcast period

153 Application form — content

154 Application for approval to transmit before start of simulcast period

155 Considering decision on application

156 Further information about application

157 Decision on application

158 Transmitter licence — general

158A Transmitter licence — no application, or unapproved application, for approval of implementation plan by the start of the simulcast period

158B Transmitter licence — starting before start date

Division 11 Other consultation

159 Consultation with national broadcasters

160 Consultation with tower owners and tower operators

161 Consultation with owners and operators of satellite transmission facilities

Dictionary

Notes

1 Name of Scheme [see Note 1]

This Scheme is the National Television Conversion Scheme 1999.

2 Commencement [see Note 1]

This Scheme commences when it is approved, in writing, by the Minister.

Note 1 See Act, Sch 4, cl 32.

Note 2 the ACMA must consult with national broadcasters about the implementation of the Scheme. See Act, Sch 4, subcl 19 (3A).

3 Definitions — the dictionary etc

(1) The dictionary at the end of this Scheme defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in this Scheme or the Act (signpost definitions).

Example

The signpost definition ‘remote licence area see cl 5 of Sch 4 to the Act.’ means that the expression remote licence area is defined in cl 5 of Sch 4 to the Act.

Note The dictionary only includes a signpost definition for a word or expression if the word or expression is used in more than 1 section.

(2) The dictionary is part of this Scheme.

(3) A definition in this Scheme applies to each use of the word or expression in the Scheme, unless the contrary intention appears.

3A Application

This Scheme applies to national television broadcasting services, but does not apply to:

(a) SDTV multi-channelled national television broadcasting services, other than a primary national television broadcasting service;

(b) HDTV multi‑channelled national television broadcasting services.

4 Publication

(1) If this Scheme requires the ACMA to publish a notice, the ACMA must publish it in at least 1 of the following ways:

(a) publishing it in a national newspaper;

(b) publishing it in each State and Territory in a daily newspaper circulating generally in the State or Territory;

(d) publishing it on the ACMA’s Internet site.

(2) However, if the ACMA decides that the notice is of significance only to 1 or more States or Territories, the ACMA is only required to publish it in each relevant State or Territory in a daily newspaper circulating generally in the State or Territory.

(3) As well as complying with subsection (1) or (2), the ACMA may publish the notice, statement or document in other ways.

Examples of other publication

Publication on the Internet, or in an industry or consumer publication.

5 Notes

A note in this Scheme is an explanatory note, and does not form part of this Scheme.

Note: simplified outline of the conversion Scheme

Schedule 4 to the Broadcasting Services Act 1992 sets out arrangements for the conversion, over time, of the transmission of television broadcasting services from analog mode to digital mode.

A program or service is broadcast or transmitted in analog mode if the program or service is broadcast or transmitted using an analog modulation technique.

A program or service is broadcast or transmitted in digital mode if the program or service is broadcast or transmitted using a digital modulation technique.

Under the arrangements:

the ACMA is to formulate 2 schemes for conversion: a commercial television conversion scheme and a national television conversion scheme.
There is to be a simulcast period throughout which national broadcasters are to transmit their television programs in analog and SDTV digital modes.
At the end of the simulcast period, analog transmissions are to cease.
National broadcasters will be allowed to use spare transmission capacity on digital transmission channels to provide datacasting services.
Owners and operators of broadcasting transmission towers must give digital national broadcasters and datacasters access to the towers for the purposes of installing or maintaining digital transmitters.
There are to be reviews before 1 January 2002, 1 January 2004, 1 January 2005 and 1 January 2006 of certain elements of the digital television regulatory regime.
The national television conversion scheme may confer on the ACMA a power to make a decision of an administrative character.

The national television conversion scheme is to be divided into 2 Parts:

Part A is to deal with coverage areas that are not remote coverage areas.
Part B is to deal with remote coverage areas.

Part A is itself divided into Divisions:

Divisions 1 to 8 set out a core implementation process that will be followed by national broadcasters. The core process requires preparatory documents, the approval of plans by the Minister, the issuing of transmitter licences, the formal start of the simulcast period and the winding‑up of existing analog broadcasting arrangements.
Division 9 sets out special circumstances in which a broadcaster may obtain the ACMA’s approval to transmit in digital mode, before the core process is completed, to test the broadcaster’s ability to broadcast.
Division 10 sets out other circumstances in which a broadcaster may obtain the ACMA’s approval to transmit in digital mode before the core process is completed.
Division 11 sets out administrative arrangements related to the conversion process.

Part A Coverage areas that are not remote coverage areas

Division 1 Technical documents

6 Documents about technical matters

(1) the ACMA must prepare a document explaining the technical assumptions to which it will have regard when considering whether the transmission of a national television broadcasting service in SDTV digital mode will achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.

Note Establishing the same level of coverage and potential reception quality for transmissions is one of the objectives of this Scheme: see Act, para 19 (3) (f) of Sch 4.

(2) the ACMA may also prepare a document explaining other general technical assumptions to which it will have regard when preparing or making a digital channel plan under Division 2.

(3) If the ACMA prepares a document, it must publish a notice explaining where copies of the document may be obtained.

Note the ACMA’s options for publishing notices are in s 4.

(4) the ACMA may publish a notice stating that a document prepared by the ACMA under subsection 6 (1) of the Commercial Television Conversion Scheme 1999 is adopted as, and taken to be, a document prepared for this section.

Note A document prepared under subs 6 (1) explains technical assumptions to which the ACMA will have regard when considering whether the transmission of a commercial television broadcasting service in SDTV digital mode will achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.

(5) the ACMA may publish a notice stating that a document prepared by the ACMA under subsection 6 (2) of the Commercial Television Conversion Scheme 1999 is adopted as, and taken to be, a document prepared for this section.

Note A document prepared under subs 6 (2) explains general technical assumptions to which the ACMA will have regard when preparing or making a digital channel plan.

Division 2 Digital channel plan

7 Digital channel plan

(1) The allotment of additional channels to national broadcasters, allowing the national broadcasters to transmit programs in analog and digital modes during a simulcast period, will be done in a digital channel plan made by the ACMA under section 12 or taken to be made by the ACMA under section 13.

(1A) Subject to subsection (1B), a digital channel plan may allot channels to national broadcasters in a coverage area, allowing the holders to transmit in digital mode after a simulcast period for the coverage area.

(1B) A digital channel plan must not allot channels to national broadcasters in a coverage area if a television licence area plan for the licence area that corresponds to the coverage area has come into force.

Note Clause 22AA of Schedule 4 to the Act provides that this Scheme, and a digital channel plan, to the extent to which they allot channels for a particular coverage area, cease to have effect when the television licence area plan for the licence area that corresponds to the coverage area comes into force.

(2) A digital channel plan may deal with:

(a) all coverage areas (other than coverage areas dealt with in Part B of this Scheme); or

(b) 1 or more specified coverage areas (other than coverage areas dealt with in Part B of this Scheme).

Note As a result of subs (2), there may be more than 1 document available at any time with the title digital channel plan.

(3) A digital channel plan may also deal with a specified part of a coverage area.

8 Content of digital channel plan

(1) A digital channel plan must allot channels to national broadcasters.

(2) A digital channel plan must also explain any technical limitations on the use of a particular channel that the ACMA believes should be shown.

(3) A digital channel plan must also explain whether the use of a channel depends on any event or circumstances described in the plan.

Example

If a channel is currently being used by another service, the use of the channel for digital transmission may depend on the other service vacating the channel, possibly by a particular date.

(4) A digital channel plan may include other matters.

Example

Whether there is any channel capacity available for uses other than the conversion of existing broadcasting services.

9 Preparing draft digital channel plan

(1) If the ACMA wishes to make a digital channel plan, it must prepare a draft version of the plan, having regard to the matters in this section.

(2) the ACMA must have regard to:

(a) the need to plan the most efficient use of the spectrum; and

(b) the relevant policy objectives in clause 19 of Schedule 4 to the Act.

(3) the ACMA may also have regard to the cost to national broadcasters, tower owners, tower operators and site operators of:

(a) allotting particular channels; and

(b) digital transmission using the channels.

(4) the ACMA may also have regard to the likely cost and disruption to consumers caused by having to receive national television broadcasting services in digital mode using allotted channels.

(5) the ACMA may also have regard to any interference that digital transmission using a particular channel is likely to cause to analog transmission.

(6) If a regional equalisation plan is in force for a particular area, the ACMA may also have regard to the plan.

(7) the ACMA may also have regard to other matters it considers relevant.

10 Notice inviting comments on draft digital channel plan

If the ACMA prepares a draft digital channel plan, it must publish a notice:

(a) stating where copies of the draft plan may be obtained; and

(b) inviting comments on the draft plan in the period specified in the notice.

Note the ACMA’s options for publishing the notice are in s 4.

11 Revising draft digital channel plan

If the ACMA revises a draft digital channel plan, it must decide whether it is appropriate to invite comments under section 10 on the revised version.

12 Making digital channel plan

(1) the ACMA may make a digital channel plan at any time after completing its consultation.

(2) When considering the form of a plan, the ACMA must have regard to any comments it receives.

(3) If the ACMA makes a digital channel plan, it must publish a notice stating where copies of the plan may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

13 Adoption of digital channel plan made for commercial television broadcasting service

the ACMA may publish a notice stating that a digital channel plan made by the ACMA under subsection 12 (1) of the Commercial Television Conversion Scheme 1999, and as in force when this Scheme commences, is adopted as, and taken to be, a digital channel plan made under this section.

Note For more information about the digital channel plan made for the Commercial Television Conversion Scheme 1999, see Div 1 and 2 of Pt A of that Scheme.

14 Varying digital channel plan

(1) This section applies if the ACMA wishes to vary a digital channel plan made, or taken to be made, for this Scheme.

(2) the ACMA must decide:

(a) whether it is appropriate to invite comments on the variation; and

(b) whether it is appropriate for it to use the consultation procedure in section 10.

Note In some circumstances, it may be more efficient for the ACMA to use a different form of public consultation.

(3) If the ACMA invites comments, it must have regard to any comments it receives when considering the form of a variation.

(4) the ACMA must have regard to the matters mentioned in subsection 9 (2).

(5) the ACMA may have regard to any of the matters mentioned in subsection 9 (4), (5), (6) or (7).

(6) If the variation is likely to have an effect on an approved implementation plan, or on an implementation plan that has been submitted to the Minister, the ACMA must have regard to the effect of the variation on the approved implementation plan.

(7) the ACMA may vary the digital channel plan:

(a) at any time after completing its consultation; or

(b) if there is no consultation — at any time.

(8) If the ACMA varies the digital channel plan, it must publish a notice stating where copies of the variation may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

15 Varying plans and characteristics

(1) the ACMA may vary the characteristics, including technical specifications, of:

(a) a broadcasting service available in a coverage area or part of a coverage area; and

(b) capacity in a broadcasting services band that is reserved for a national broadcasting service under section 31 of the Act.

Note Under subcl 24 (1) of Sch 4 to the Act, if there is a frequency allotment plan or a licence area plan in force for the area, the ACMA may amend the plan through the national television conversion scheme.

(2) If the ACMA wishes to vary a characteristic, it must carry out the same consultations as are required under clause 33 of Schedule 4 to the Act for the variation of this Scheme.

(3) If the ACMA varies a technical characteristic (including a technical specification) of a national broadcasting service, the ACMA must vary the transmitter licence issued under section 100B of the Radiocommunications Act 1992.

(4) the ACMA must issue or vary transmitter licences in a way that makes them consistent with the characteristics.

Note 1 See subsection 111 (5) of the Radiocommunications Act 1992.

Note 2 Schedule 4 to the Act imposes a timetable for conversion of commercial television broadcasting services to digital transmission, with simulcasts starting at different times in different licence areas. The Schedule also makes arrangements for conversion of national television broadcasting services to digital transmission, and sets deadlines by which this should happen. To support these arrangements, the ACMA may have to set priorities for carrying out its responsibilities.

Division 3 Implementation plans

Note about implementation plans

Under clause 20 of Schedule 4 to the Act, a national broadcaster must prepare, and give to the Minister, 1 or more implementation plans relating to digital transmission.

The implementation plan is a key step in the digital conversion process.

It is a national broadcaster’s binding commitment, approved by the Minister:

to provide transmission of a national television broadcasting service in digital mode from specified sites; and
to cover specified areas by specified dates;

to achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.

Each national broadcaster that broadcasts in a coverage area will be required to submit to the Minister at least 1 implementation plan, dealing with important technical and administrative aspects of conversion to digital transmission in the area.

The national broadcaster may submit a single, comprehensive, plan for the area or a series of plans that develop the national broadcaster’s digital transmission arrangements for the area in stages.

The Minister will assess the draft plan (or a plan that is part of a series), and approve or
reject it.

An approved implementation plan becomes the basis on which the national broadcaster will convert to digital transmission. However, as conversion proceeds, the national broadcaster may ask for the approved implementation plan to be varied.

Under subclause 20 (6), an implementation plan comes into force when it is approved by the Minister.

Clause 21 provides that a national broadcaster must comply with an implementation plan it gave to the Minister, and that is in force.

Subdivision A Approval of documents

17 Form of implementation plan

(1) The Minister must approve, in writing, the form of an implementation plan.

(2) The plan must identify 1 or more sites that a national broadcaster proposes to use for digital transmission.

(3) The plan must identify 1 or more transmitter coverage areas to be served by transmitters that the national broadcaster proposes to use for digital transmission.

(4) For each transmitter, the plan must identify the date by which the transmitter will be used for digital transmission.

(5) The form must also require the national broadcaster to identify, in the plan:

(a) the date on which the national broadcaster proposes to start digital transmission in the area; or

(b) the dates on which the national broadcaster proposes to start digital transmission in specified parts of the area.

(5A) The plan must state whether:

(a) the plan constitutes the implementation plan for the coverage area; or

(b) the plan is in a series of implementation plans that the national broadcaster intends to submit for the coverage area.

(5B) If the plan is the first in a series of plans, the plan must also state:

(a) that it is the first plan in a series of sequentially numbered implementation plans that the national broadcaster intends to submit for the coverage area; and

(b) the total number of plans that the national broadcaster intends to submit for the coverage area; and

(d) the geographic area to which an implementation plan in the series will apply; and

(e) the reason why it is not practicable to submit a single plan for the coverage area.

(5C) A plan that is subsequent to the first in a series of plans must also state:

(a) the number of the implementation plan in the series of plans for the coverage area; and

(b) the geographic area to which the implementation plan applies; and

(c) the date by which the national broadcaster expects to submit each remaining implementation plan (if any) in the series; and

(d) if any previous implementation plan that is part of the series has been approved by the Minister (an earlier approved plan), the details of the earlier approved plan, including:

(i) its number in the series; and

(ii) the date when it was approved; and

(e) if the plan expressly or impliedly varies an earlier approved plan, the change being made and the reason for the change.

Note Paragraphs 17 (5B) (c) and (5C) (c) are not intended to hold the national broadcaster to the dates offered. In both cases, the dates are important indicative information for the Minister’s benefit, but they are not intended to hold the broadcaster to the timetable, or to punish the broadcaster for not meeting the timetable.

(6) The plan may also deal with other matters.

(7) the ACMA must publish a notice stating where copies of the form of implementation plan may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

18 Application form for approval of implementation plan

(1) The Minister must approve, in writing, an application form for approval of an implementation plan.

Note See Subdiv C.

(2) the ACMA must publish a notice stating where copies of the application form may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

19 Application form — essential content

The form must require a national broadcaster to prepare the implementation plan using the approved form of the plan, and submit it with the application form.

Note See s 18.

20 Application form — optional content

(1) The form may also require a national broadcaster to give information about the site of each transmitter, including:

(a) the name of the site; and

(b) the Australian map grid reference.

(2) The form may also require a national broadcaster to give information about the proposed emission characteristics of each transmitter, including:

(a) the frequency band; and

(b) the channel; and

(d) the effective radiated power.

(3) The form may also require a national broadcaster to state that the national broadcaster has access to each site and broadcasting transmission tower it is proposing to use.

(4) The form may also require a national broadcaster to state that the national broadcaster has used its best endeavours to obtain any approvals required from third parties, and conducted necessary consultations.

Examples

1 Local government approval for use of a site.

2 Consultation with other national broadcasters, and with holders.

(5) The form may also require a national broadcaster to carry out a test or other analysis described in the form.

(6) The form may also require a national broadcaster to give other information to the Minister or the ACMA.

Subdivision C Approval of implementation plans

Note: outline of decision making process

Subclause 20 (1) of Schedule 4 to the Act provides that, as soon as practicable after the formulation of this Scheme, a national broadcaster must give the Minister 1 or more implementation plans relating to the conversion of transmission to digital mode.

Subclause 20 (2) mentions matters to which a national broadcaster must have regard in preparing an implementation plan.

Under subclause 20 (3), the Minister must approve or refuse to approve an implementation plan. Subclause 20 (4) mentions matters to which the Minister must have regard in deciding whether to approve an implementation plan. Paragraph 20 (4) (d) provides that the Minister must have regard to such other matters as the Minister considers relevant.

25 Application for approval of implementation plan

(1) A national broadcaster must apply to the Minister for approval of an implementation plan relating to the conversion of a national television broadcasting service.

(2) The national broadcaster must apply using the approved application form, and prepare the implementation plan in the approved form.

Note See s 18.

(3) To avoid doubt:

(a) strict compliance with the approved application form, and the approved form of the implementation plan, is required; and

(b) section 25C of the Acts Interpretation Act 1901 does not apply to the approved application form and the approved form of the implementation plan.

Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.

26 Minister to tell the ACMA when application received

As soon as practicable after receiving an application for approval of an implementation plan, the Minister must tell the ACMA about it.

27 Matters for the ACMA to take into account if preparing a report

(1) If the Minister directs the ACMA to give a report for subclause 20 (5) of Schedule 4 to the Act, the Minister may specify matters that the ACMA must take into account in preparing its report.

(2) The following are examples of matters that the ACMA may take into account in preparing a report for subclause 20 (5) of Schedule 4 to the Act:

(a) whether the application is in strict compliance with the approved application form;

(b) whether the application deals adequately with the matters that the national broadcaster was required to deal with by the application form;

(d) whether the proposed emission characteristics of the service are consistent with the technical characteristics set out in the digital channel plan for the relevant coverage area or part of the coverage area;

(e) whether the proposed emission characteristics of the service are satisfactory to ensure that the median field strength of transmission beyond the coverage area does not exceed the ACMA’s requirements;

(f) whether the service is likely to interfere with other services;

(g) whether the service will start on or before the start of the simulcast period;

(h) whether the policy objectives in subclause 19 (3) of Schedule 4 to the Act will be met as soon as practicable after the start of the simulcast period;

(i) whether the national broadcaster proposes to transmit national television broadcasting services in analog and SDTV digital modes for the entire simulcast period;

(j) whether the national broadcaster has consulted other broadcasters about the location of the national broadcaster’s transmitters;

(k) whether the national broadcaster proposes to co‑locate its own transmitters for transmitting national television broadcasting services in analog and digital modes;

(l) whether the national broadcaster has access to each site and broadcasting transmission tower it is proposing to use;

(m) whether the national television broadcaster’s transmission of services in digital mode will have the same level of coverage and potential reception quality throughout the simulcast period as is achieved by transmission of those services in analog mode.

28 Reduction in coverage and quality of digital transmission

(1) This section applies if:

(a) a national broadcaster applies for approval of an implementation plan; and

(b) the national broadcaster has reduced the level of coverage and potential reception quality achieved by the transmission of the service in analog mode in the area from the level achieved before Schedule 4 to the Act commenced; and

(2) the ACMA may ask the national broadcaster, in writing, to explain how the national broadcaster will ensure that digital transmission of the service will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the service in analog mode before the reduction.

(3) If the ACMA acts under subsection (2), the ACMA must send a copy of the request to the Minister.

(4) If the ACMA acts under subsection (2), the national broadcaster’s implementation plan must ensure that digital transmission of the service will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the service in analog mode before the reduction.

(5) If the ACMA acts under subsection (2), the ACMA is not required to prepare its report while it is waiting for the national broadcaster to respond to the request.

(6) The Minister is not required to consider the application while the Minister is waiting for the report.

29 Location of transmitters

(1) This section applies if:

(a) a national broadcaster applies for approval of an implementation plan; and

(b) it is not practicable for the national broadcaster to co‑locate, during the simulcast period for the coverage area:

(i) a transmitter used by the national broadcaster to transmit the national television broadcasting service concerned in digital mode in that area; and

(ii) transmitters used by the national broadcaster to transmit that service in analog mode in that area; and

Note See Act, Sch 4, para 19 (3) (g).

(d) the Minister has directed the ACMA to give a report for subclause 20 (5) of Schedule 4 to the Act.

(2) the ACMA’s report must state the ACMA’s view about the matter mentioned in subclause 19 (6) of Schedule 4 to the Act.

Note Subclause 19 (6) of Sch 4 to the Act provides that this Scheme may allow for alternative location of digital transmitters if the ACMA is satisfied that alternative location is appropriate, having regard to matters specified in that subclause.

(3) For subsection (2), the ACMA must form its view by taking into account:

(a) the policy objectives of this Scheme (other than the objective in paragraph 19 (3) (g) of Schedule 4 to the Act); and

(b) the costs that the national broadcaster is likely to incur by choosing particular locations; and

30 Further information about application — the ACMA report

(1) This section applies if the Minister has directed the ACMA to give a report for subclause 20 (5) of Schedule 4 to the Act.

(2) the ACMA may, in writing, ask a national broadcaster to do 1 or more of the following things to help the ACMA to prepare its report:

(a) to give the ACMA the information mentioned in the request;

(b) to carry out a test or other analysis described in the request;

(3) The request may be to do, or repeat, something that was required in the application form.

(4) If the ACMA acts under subsection (2), the ACMA must send a copy of the request to the Minister.

(5) the ACMA is not required to prepare its report while it is waiting for the national broadcaster to respond to the request.

(6) The Minister is not required to consider the application while the Minister is waiting for the report.

31 Further information about application — Minister’s request

(1) The Minister may, in writing, ask a national broadcaster to do 1 or more of the following things to help the Minister make a decision:

(a) to give the Minister, or the ACMA, the information mentioned in the request;

(b) to carry out a test or other analysis described in the request;

(2) The request may be to do, or repeat, something that was required in the application form.

(3) If the Minister acts under subsection (1), the Minister must send a copy of the request to the ACMA.

(4) The Minister is not required to consider the application while the Minister, or the ACMA, is waiting for the national broadcaster to respond to the request.

32 New implementation plan

(1) If the Minister refuses to approve a national broadcaster’s implementation plan, the national broadcaster may submit another plan.

Note If the Minister refuses to approve an implementation plan, the Minister may give the national broadcaster a written notice under subcl 20 (7) of Sch 4 to the Act. A notice under subcl 20 (7) may require the national broadcaster to give a fresh implementation plan. It may also advise that, if specified changes were incorporated in the fresh plan, the Minister would be disposed to approve the fresh plan. The notice must set out the reasons for refusal to approve an implementation plan.

(2) The national broadcaster must give the Minister another application form with the implementation plan if the Minister asks the national broadcaster for it.

(3) The national broadcaster must complete the application form (if required), and prepare the plan, in the way described in section 25.

(4) The Minister must deal with the application in the way described in sections 27 to 31 (inclusive).

33 Minister must tell the ACMA about decision

If the Minister approves a national broadcaster’s implementation plan, the Minister must tell the ACMA about the decision.

34 Register of approved implementation plans

(1) the ACMA is to maintain a register of approved implementation plans.

(2) The register is to be open for public inspection, and a person is entitled to be given a copy of, or an extract from, any entry in the register.

(3) the ACMA may supply copies of, or extracts from, the register certified by a member, and a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.

Subdivision D Transmitter licences

35 Transmitter licence

(1) If a national broadcaster’s implementation plan is approved, the ACMA must issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode.

Note See Radiocommunications Act 1992, s 100B.

(2) However, if the national broadcaster already holds a suitable transmitter licence for the coverage area concerned, because of the approval of a previous implementation plan in a series, the ACMA may vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note In the course of approving a series of implementation plans, transmitter licences may be issued that will support later plans in the series. In those circumstances, it may not be necessary for a new transmitter licence to be issued after the approval of each plan in the series.

(3) Also, if the national broadcaster already holds a suitable transmitter licence for the coverage area concerned, for test transmissions or for transmission in a regional area before the start of the simulcast period, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note Division 9 of this Part deals with transmitter licences issued to support test transmissions. Division 10 of this Part deals with transmitter licences issued to support transmission in a regional area before the start of the simulcast period.

(4) the ACMA must also:

(a) identify conditions to which the licence should be subject, including (if appropriate) the date of effect of the licence; and

(b) issue or vary the licence including the conditions.

Note Schedule 4 to the Act imposes a timetable for conversion of commercial television broadcasting services to digital transmission, with simulcasts starting at different times in different licence areas. The Schedule also makes arrangements for conversion of national television broadcasting services to digital transmission, and sets deadlines by which this should happen. To support these arrangements, the ACMA may have to set priorities for carrying out its responsibilities.

Division 4 Variation of approved implementation plan

Note: outline of variation of approved implementation plan

Under subclause 20 (9) of Schedule 4 to the Act, a national broadcaster may give the Minister a variation of an approved implementation plan that relates to the national broadcaster. Subclauses 20 (2) to (8) (inclusive) apply to the variation of an implementation plan in a corresponding way to the way in which they apply to an implementation plan.

36 Application form for approval of variation

(1) The Minister must approve, in writing, an application form for approval of a variation of an implementation plan.

(2) The form may require a national broadcaster to give the Minister information.

(3) the ACMA must publish a notice stating where copies of the form may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

37 Application for approval of variation

(1) If, for subclause 20 (9) of Schedule 4 to the Act, a national broadcaster gives the Minister a variation of an approved implementation plan, the national broadcaster must use the approved application form.

(2) To avoid doubt:

(a) strict compliance with the approved application form is required; and

(b) section 25C of the Acts Interpretation Act 1901 does not apply to the approved application form.

Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.

(3) The national broadcaster’s application must deal with 1 approved implementation plan only.

37AA National broadcaster must apply for variation in certain circumstances

(1) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s approved implementation plan if:

(a) the Minister has determined that a specified area within the coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and

(b) the national broadcaster:

(i) has increased the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area since the commencement of Schedule 4 to the Act and before the day the Minister makes the determination; or

(ii) increases the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area on or after the day the Minister makes the determination.

(2) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s approved implementation plan if:

(a) the Minister has determined that a specified area within the coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and

(b) the determination results in, or is likely to result in, the national broadcaster not being able to comply with the national broadcaster’s approved implementation plan.

(3) The national broadcaster must apply to the Minister using the approved application form and must apply:

(a) if subparagraph (1) (b) (i) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister; or

(b) if subparagraph (1) (b) (ii) applies — within 30 days of the national broadcaster increasing the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area or within such longer period as is notified in writing by the Minister; or

(c) if subsection (2) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister.

(4) Subsections 37 (2) and (3) apply to an application under this section.

(5) To avoid doubt, a reference in this section to a national broadcaster’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.

37AB Reduction in coverage and quality of analog transmission

(1) This section applies if:

(a) the Minister determines that a specified area included in a coverage area is a local market area that will become a digital‑only local market area (the specified area); and

(b) on or after the day the Minister makes the determination:

(i) a national broadcaster applies for approval of a variation of the national broadcaster’s approved implementation plan for the licence area; and

(ii) the national broadcaster reduces, or proposes to reduce, the level of coverage and potential reception quality achieved by the transmission of the national television broadcasting service in analog mode in the specified area from the level achieved immediately before the Minister determined that area to be a local market area; and

(2) For the purpose of providing a report to the Minister, the ACMA may request the national broadcaster to explain:

(a) if the level of coverage and potential reception quality has been reduced — how the national broadcaster will ensure that the transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality in the specified area as was achieved by the transmission of the service in analog mode immediately before the reduction; or

(b) if the level of coverage and potential reception quality is proposed to be reduced — how the national broadcaster will maintain transmission in SDTV digital mode at the same level of coverage and potential reception quality that was in effect in the specified area immediately before the Minister determined that area to be a local market area.

(3) the ACMA must send a copy of its request to the Minister.

(4) the ACMA is not required to prepare its report to the Minister while it is waiting for the explanation to be provided by the national broadcaster.

(5) If the ACMA acts under subsection (2), the national broadcaster’s implementation plan, as varied, must include provisions to ensure that transmission of the service in digital mode in the digital‑only local market area will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the analog service:

(a) if paragraph (2) (a) applies — immediately before the national broadcaster reduced the coverage and potential reception quality; or

(b) if paragraph (2) (b) applies — immediately before the Minister determined that area to be a local market area.

(6) The Minister is not required to consider the national broadcaster’s application while the Minister is waiting for the ACMA’s report.

(7) To avoid doubt, a reference in this section to a national broadcaster’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.

37A Variation of plan in a series

An application for approval of an implementation plan in a series, being a plan that expressly or impliedly varies an earlier approved plan in the series in accordance with paragraph 17 (5C) (e), is taken to include an application for approval of the variation of the earlier approved plan.

37B Varying approved implementation plan — request by Minister

(1) If the Minister believes that an approved implementation plan should be varied as a consequence of a variation under section 14 or 15, the Minister may request the national broadcaster to vary the implementation plan concerned.

(2) If the national broadcaster gives the Minister a varied implementation plan in accordance with the request, the ACMA must:

(a) include the plan, as varied, in the register of approved implementation plans; and

(b) if it is necessary to support the variation of the plan:

(i) vary the transmitter licence issued under section 100B of the Radiocommunications Act 1992; and

(ii) identify conditions to which the licence should be subject; and

(iii) issue or vary the licence including the conditions.

38 Minister may consult about variation

If the Minister receives an application for a variation of an approved implementation plan, the Minister may do 1 or both of the following:

(a) invite comments on the proposed variation;

(b) publish a notice:

(i) stating where copies of the draft plan may be obtained; and

(ii) inviting comments on the draft plan in the period specified in the notice.

Note the ACMA’s options for publishing the notice are in s 4.

39 Minister must tell the ACMA about decision

(1) If the Minister approves the variation of an approved implementation plan, the Minister must tell the ACMA about the variation as soon as practicable.

(2) If the Minister considers that an application under subsection 37AA (1) or (2) is not suitable for approval:

(a) the Minister must, in writing:

(i) refuse to approve the application; and

(ii) tell the national broadcaster of the decision as soon as practicable after refusing to approve the application; and

(b) the national broadcaster must make a new application under the relevant subsection within 30 days of being told of the refusal or within such longer period as is notified in writing by the Minister.

40 Register of approved implementation plans

If the Minister approves the variation of an approved implementation plan, the ACMA must include the plan, as varied, in the register of approved implementation plans.

41 Transmitter licence

(1) If the Minister approves the variation of an approved implementation plan, the ACMA must also vary the transmitter licence issued under section 100B of the Radiocommunications Act 1992, if it is necessary to support the variation of the plan.

(2) the ACMA must also:

(a) identify conditions to which the licence should be subject; and

(b) vary the licence including the conditions.

Division 5 Datacasting services

42 Use of transmission capacity for datacasting services

(1) A national broadcaster that holds a datacasting licence issued in accordance with Schedule 6 of the Act is permitted to use any spare transmission capacity that is available on the national broadcaster’s digital transmission channels for the purpose of the transmission of datacasting services.

Note See paragraph 19 (3) (k) of Schedule 4 to the Act.

(2) However, the national broadcaster must use the capacity in a way that is consistent with the national broadcaster’s transmitter licence issued under section 100B of the Radiocommunications Act 1992.

Note A charge is imposed for the use of transmission capacity for datacasting: see the Datacasting Charge (Imposition) Act 1998.

Division 6 Starting digital transmission

Note: outline of starting digital transmission

An objective of this Scheme is that each national broadcaster will start transmitting in SDTV digital mode by a date that is ascertained in accordance with the implementation plan that the national broadcaster gives to the Minister (see Act, Schedule 4, paragraphs 19 (3) (a) and (b)).

In preparing an implementation plan for a metropolitan coverage area, a national broadcaster should have regard to the policy that transmission in digital mode should commence on 1 January 2001 (see Act, Schedule 4, subparagraph 20 (2) (a) (i)).

In preparing an implementation plan for a regional coverage area, a national broadcaster should have regard to the policy that transmission in digital mode should commence on or after 1 January 2001 so that all regional coverage areas have digital transmission of the service by 1 January 2004 (see Act, Schedule 4, subparagraph 20 (2) (a) (ii)).

43 Starting digital transmissions

Each national broadcaster must commence transmitting the national television broadcasting service concerned in SDTV digital mode on the date (or dates) identified by the national broadcaster, in an implementation plan approved by the Minister, as:

(a) the date on which the national broadcaster proposes to start SDTV digital transmission in the area to which the implementation plan relates; or

(b) the dates on which the national broadcaster proposes to start SDTV digital transmission in specified parts of the area.

Note Subsection 17 (5) requires that an application form for an implementation plan must require a national broadcaster to identify:

(a) the date on which the national broadcaster proposes to start digital transmission in the area to which the implementation plan relates; or

(b) the dates on which the national broadcaster proposes to start digital transmission in specified parts of the area.

44 Simulcast period

(1) There is a transitional period for a coverage area, to be known as the simulcast period.

Note See Act, Sch 4, para 19 (3) (c).

(2) A national broadcaster transmitting in a coverage area must, throughout the simulcast period:

(a) transmit simultaneously the national television broadcasting service concerned in both analog mode and SDTV digital mode in so much of that area as is not a digital‑only local market area; and

(b) ensure that no transmissions of the national television broadcasting service concerned in analog mode are made in so much of that area as is a digital‑only local market area.

(3) The simulcast period begins on the date that the national broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode as ascertained in relation to that area in accordance with an implementation plan that was given by the broadcaster, and is in force, under clause 20 of Schedule 4 to the Act.

Note See s 43. For the length of the simulcast period for national broadcasters, see Act, Sch 4, para 19 (3) (c).

(4) A national broadcaster transmitting in a coverage area must also transmit the national television broadcasting service concerned in HDTV digital mode in the area during such part of the simulcast period as is required by regulations made under the Act.

Division 7 Problems with starting or maintaining digital transmission

45 Surrender of transmitter licence (failure to commence SDTV digital transmission)

(1) This section applies if a national broadcaster:

(a) does not commence SDTV digital transmission for a coverage area as mentioned in paragraph 19 (3) (a) or (b) of Schedule 4 to the Act; and

(b) does not satisfy the ACMA that there are exceptional circumstances.

Note 1 See Act, Sch 4, subcl 23 (2).

Note 2 Paragraphs 19 (3) (a) and (b) of Sch 4 to the Act set out policy objectives about when SDTV digital transmission is to start. The policy objectives are supported by s 43.

Note 3 If the ACMA decides that exceptional circumstances do not exist, it must notify the national broadcaster and give the national broadcaster the statements mentioned in clause 63 of Schedule 4 to the Act.

(2) The national broadcaster must surrender to the ACMA each transmitter licence authorising SDTV digital transmission in the area.

(3) The national broadcaster must comply with any requirements of the ACMA for surrendering a transmitter licence.

46 Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)

(1) This section applies if a national broadcaster:

(a) commences SDTV digital transmission as mentioned in paragraph 19 (3) (a) or (b) of Schedule 4 to the Act; and

(b) ceases SDTV digital transmission during the simulcast period for the coverage area concerned.

Note 1 See Act, Sch 4, subcl 23 (3).

Note 2 Paragraphs 19 (3) (a) and (b) of Sch 4 to the Act are about when SDTV digital transmission is to start.

(1A) This section does not apply to so much of the coverage area that is a digital‑only local market area.

(2) the ACMA may give the national broadcaster a written direction to:

(a) resume SDTV digital transmission in the area within the period specified in the direction; and

(b) continue SDTV digital transmission throughout the simulcast period for the area.

(3) The direction must include:

(a) a statement specifying the period (not longer than 1 month) within which the national broadcaster must comply with it; and

(b) a statement that the national broadcaster may give the ACMA written reasons identifying exceptional circumstances that prevent the national broadcaster from complying with the direction; and

(c) a statement that the national broadcaster must surrender each transmitter licence authorising transmission of a service in digital mode in the area if:

(i) the national broadcaster does not comply with the direction within the time mentioned in the direction; and

(ii) the national broadcaster does not satisfy the ACMA that exceptional circumstances exist.

(4) The national broadcaster must surrender to the ACMA each transmitter licence authorising digital transmission in the area if the national broadcaster:

(a) does not comply with a direction; and

(b) does not satisfy the ACMA that there are exceptional circumstances.

Note 1 If the ACMA decides that exceptional circumstances do not exist, it must notify the national broadcaster and give the national broadcaster the statements mentioned in cl 63 of Sch 4 to the Act.

Note 2 A decision by the ACMA that exceptional circumstances do not exist is reviewable by the AAT: see Act, Sch 4, cl 62.

(5) The national broadcaster must comply with any requirements of the ACMA for surrendering a transmitter licence.

47 Surrender of transmitter licence (SDTV or HDTV requirements contravened)

(1) This section applies if a national broadcaster transmitting in a coverage area contravenes:

(a) subclause 35AA (1) of Schedule 4 to the Act; or

(b) an SDTV national television format standard; or

(d) subclause 37F (1) of Schedule 4 to the Act; or

(e) a standard under subclause 37F (3) of Schedule 4 to the Act.

Note See subclause 23 (7) of Schedule 4 to the Act.

(2) the ACMA may give the national broadcaster a written direction:

(a) identifying the contravention; and

(b) directing the national broadcaster to comply with the provision or standard.

(3) The direction must include:

(a) a statement specifying the period (not longer than 1 month) within which the national broadcaster must comply with it; and

(b) a statement that the national broadcaster may give the ACMA written reasons identifying exceptional circumstances that prevent the national broadcaster from complying with the direction; and

(c) a statement that the national broadcaster must surrender each transmitter licence authorising transmission of a service in digital mode in the area if:

(i) the national broadcaster does not comply with the direction within the time mentioned in the direction; and

(ii) the national broadcaster does not satisfy the ACMA that exceptional circumstances exist; and

(d) a statement that the national broadcaster may apply for a transmitter licence to replace a transmitter licence surrendered under this section.

Note A transmitter licence issued to replace a surrendered transmitter licence will have less transmission capacity than that which was mentioned in the surrendered licence: see subs 49 (2).

(4) The national broadcaster must surrender to the ACMA each transmitter licence authorising digital transmission in the area if the national broadcaster:

(a) does not comply with a direction; and

(b) does not satisfy the ACMA that there are exceptional circumstances.

Note 2 A decision by the ACMA that exceptional circumstances do not exist is reviewable by the AAT: see Act, Sch 4, cl 62.

(5) The national broadcaster must comply with any requirements of the ACMA for surrendering a transmitter licence.

48 Replacement transmitter licence after HDTV requirements contravened

(1) This section applies if a holder has surrendered a transmitter licence on the grounds of a contravention of a provision or standard mentioned in paragraph 47 (1) (a), (c), (d) or (e).

Note See Act, Schedule 4, subclause 23 (8). The subclauses that are listed deal with HDTV standards.

(2) The national broadcaster may, in writing:

(a) ask the ACMA to arrange for the issue of a transmitter licence to replace the surrendered licence; and

(b) explain why the replacement licence should be issued.

(3) the ACMA:

(a) may ask the national broadcaster for more information about the request; and

(b) is not required to consider the request while it is waiting for more information.

(4) the ACMA must consider the request and:

(a) approve it; or

(b) reject it.

Note 1 If the ACMA decides not to arrange for the issue of the replacement licence, it must notify the national broadcaster and give the national broadcaster the statements mentioned in cl 63 of Sch 4 to the Act.

Note 2 A decision by the ACMA to reject a request for a replacement licence is reviewable by the AAT: see Act, Sch 4, cl 62.

49 the ACMA to issue transmitter licence

(1) If the ACMA approves a request made under section 48, it must issue a transmitter licence to replace the surrendered licence.

(2) However, the amount of transmission capacity covered by the replacement licence must be less than the amount of transmission capacity covered by the surrendered licence.

Note See subclause 23 (8) of Schedule 4 to the Act.

(3) the ACMA must also:

(a) identify conditions to which the licence should be subject; and

(b) issue the licence including the conditions.

Division 7A Requirements for local market areas and digital‑only local market areas

49C End of analog transmission in digital‑only local market area and surrender of licences

(1) At the time when a local market area becomes a digital‑only local market area, all transmissions of national television broadcasting services in analog mode made using a transmitter located in the area are to cease.

Note See Act, Schedule 4, paragraph 19 (3) (ga).

Division 8 End of simulcast period

53 End of analog transmission and surrender of licences

(1) At the end of the simulcast period for a coverage area, all transmissions of national television broadcasting services in analog mode in the area are to cease.

Note See Act, Sch 4, para 19 (3) (h).

Division 9 Test transmissions

Note about testing

An essential part of the conversion to digital transmission is the need for national broadcasters to test their digital equipment, and their capacity to provide transmissions of adequate coverage and quality.

Test transmissions are likely to take various forms, from full transmissions of broadcast material to short transmissions of test signals, and may happen at any time before or during a simulcast period. National broadcasters may need to use the channels allotted to them in the digital channel plan, or may want to use ‘spare’ channels for specific tests.

Although there may appear to be no visual difference between a test transmission and a ‘regular’ one, the Act treats them differently and allows this Scheme to impose different requirements for the kinds of transmission. This is particularly significant for a national broadcaster that wishes to transmit before the start of the simulcast period for the national broadcaster’s coverage area — the transmission may be a test or it may be an early start of full digital transmission.

Under this Division, the ACMA will be responsible for approving all test transmissions, either by approving specific tests or by approving a testing plan submitted by a national broadcaster.

the ACMA wishes to draw the reader’s attention to the provisions in this Division that state that permission to carry out tests in a particular way, or using a particular channel, is not a guarantee that a national broadcaster will have a permanent right, or obligation, to transmit in that way, or to use that channel.

Subdivision A Test transmissions

55 Test transmissions

(1) A national broadcaster may transmit, on a test basis, the national television broadcasting service concerned in digital mode in a coverage area before or after the start of the simulcast period for the area.

(2) The national broadcaster may transmit, on a test basis, material that is part of, or reasonably related to, the transmission of the national television broadcasting service concerned in digital mode in the area before or after the start of the simulcast period for the area.

(3) However, the national broadcaster may transmit on a test basis only if:

(a) the national broadcaster complies with the arrangements in this Division; and

(b) the ACMA has given written permission for the transmission.

Subdivision B Approval of application form

56 Application form for approval of testing

(1) the ACMA must approve, in writing, an application form for approval to transmit on a test basis.

(2) the ACMA must publish a notice stating where copies of the application form may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

57 Application form — essential content

(1) The application form must require a national broadcaster to tell the ACMA which of the following circumstances applies:

(a) no digital channel plan is in force for the coverage area in which the national broadcaster wishes to transmit on a test basis;

(b) a digital channel plan is in force for the coverage area, and the national broadcaster wishes to transmit on a test basis using a channel allotted to the national broadcaster under the digital channel plan for the area;

(c) a digital channel plan is in force for the coverage area, and the national broadcaster wishes to transmit on a test basis using a channel that was not allotted to the national broadcaster under the digital channel plan for the area.

(2) The form must also require the national broadcaster:

(a) to identify the date on which the national broadcaster proposes to start transmission on a test basis; or

(b) to explain why it is not practicable for the national broadcaster to identify a date.

(3) The form must also require the national broadcaster to tell the ACMA the period during which the national broadcaster expects to transmit on a test basis.

58 Application form — optional content

(1) The application form may require a national broadcaster to give information about the site of each transmitter to be used for transmission on a test basis, including:

(a) the name of the site; and

(b) the Australian map grid reference.

(2) The form may require a national broadcaster to give information about the proposed emission characteristics of each transmitter to be used for transmission on a test basis, including:

(a) the frequency band; and

(b) the channel; and

(d) the effective radiated power.

(3) The form may require a national broadcaster to state that the national broadcaster has access to each site and broadcasting transmission tower it is proposing to use for transmission on a test basis.

(4) The form may require a national broadcaster to state that the national broadcaster has used its best endeavours to obtain any approvals required from third parties, and conducted necessary consultations.

Examples

1 Local government approval for use of a site.

2 Consultation with national broadcasters, and with holders, about co‑location.

(5) The form may require a national broadcaster to carry out a test or other analysis described in the form.

(6) The form may require a national broadcaster to give the ACMA other information.

Subdivision C Approval to transmit on a test basis

59 Application for approval to transmit on test basis

(1) A national broadcaster may apply to the ACMA, at any time, for approval to transmit on a test basis.

Note There is no assumption that test transmissions will only be needed, or approved, before the start of the simulcast period for a coverage area. Testing may be needed at any time before or during the period.

(2) The national broadcaster must apply using the approved application form.

(3) To avoid doubt:

(a) strict compliance with the approved application form is required; and

(b) section 25C of the Acts Interpretation Act 1901 does not apply to the approved application form.

Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.

60 Considering decision

(1) the ACMA must consider whether the application is suitable for approval, having regard to:

(a) the criteria in this section; and

(b) other matters that it considers relevant to efficient digital transmission and the efficient use of spectrum.

(2) The application must be in strict compliance with the approved application form.

(3) The application must deal adequately with the matters with which the national broadcaster was required to deal by the application form.

(4) the ACMA must be satisfied that approving the transmissions on a test basis will:

(a) assist with developing a digital channel plan, or confirming that an existing digital channel plan is satisfactory; or

(b) assist with developing an implementation plan, or confirming that an existing approved implementation plan is satisfactory; or

61 Further information about application

(1) the ACMA may, in writing, ask a national broadcaster to do 1 or more of the following things to help the ACMA to consider its decision on an application:

(a) to give the ACMA the information mentioned in the request;

(b) to carry out a test or other analysis described in the request;

(2) The request may be to do, or repeat, something that was required in the application form.

Note See subs 58 (5) and (6).

(3) the ACMA is not required to consider the application while it is waiting for the national broadcaster to respond to the request.

62 Decision on application

(1) If the ACMA considers that the application is suitable for approval, the ACMA must, in writing:

(a) approve the application; and

(b) tell the national broadcaster of the decision as soon as practicable after approving the application.

(2) If section 64 or 69 applies, the ACMA must include in the approval the following statements:

(a) the approval does not, of itself, authorise transmission on a test basis;

(b) the ACMA must be able to allocate part of the radiofrequency spectrum under section 34 of the Act before the national broadcaster will be issued with a transmitter licence.

(3) the ACMA may include any of the following matters in the approval:

(a) 1 or more dates on which the national broadcaster is permitted to transmit on a test basis;

(b) a period in which the national broadcaster is permitted to transmit on a test basis;

(d) conditions to which the approval is subject, including
(if appropriate) a condition that transmissions on a test basis may only be carried out in accordance with a licence mentioned in this Division.

(4) If the ACMA considers that the application is not suitable for approval, the ACMA must, in writing:

(a) refuse to approve the application; and

(b) tell the national broadcaster of the decision as soon as practicable after refusing to approve the application.

(5) Application may be made to the AAT for review of a decision refusing to approve the application.

Subdivision D Test transmissions if there is no digital channel plan

63 Application of Subdivision D

This Subdivision applies if:

(a) the ACMA approves a national broadcaster’s application for approval to transmit on a test basis; and

(b) there is no digital channel plan in force for the coverage area, or part of a coverage area, where the national broadcaster wishes to transmit on a test basis.

64 Allocation of spectrum

(1) the ACMA must consider whether to allocate part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of the transmission.

(2) However, the ACMA does not guarantee that it will be able to allocate a part of the spectrum.

(3) The national broadcaster is not permitted to transmit if the ACMA has not allocated a part of the spectrum.

(4) If the ACMA makes a determination allocating part of the spectrum, it must publish a notice either:

(a) setting out the determination; or

(b) stating where copies of the determination may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

65 the ACMA to issue transmitter licence

(1) This section applies if the ACMA has made a determination under section 34 of the Act, allocating part of the radiofrequency spectrum to a national broadcaster, for the purpose of transmitting a national television broadcasting service in digital mode on a test basis.

(2) the ACMA must issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the national television broadcasting service concerned in digital mode on a test basis.

Note See section 100B of the Radiocommunications Act 1992.

(3) the ACMA must also:

(a) identify conditions to which the licence should be subject, including (if appropriate) the date of effect of the licence; and

(b) issue the licence including the conditions.

(4) the ACMA does not guarantee or imply that the channel it allots to the national broadcaster for transmission on a test basis will be allotted to the national broadcaster when the ACMA makes the digital channel plan.

(5) The period during which the national broadcaster may transmit on a test basis is the period for which the ACMA allocates part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of transmitting a national television broadcasting service in digital mode on a test basis.

Note See subclause 19 (5) of Schedule 4 to the Act.

Subdivision E Test transmissions if there is a digital channel plan (tests using allotted channel)

66 Application of Subdivision E

This Subdivision applies if:

(a) the ACMA approves a national broadcaster’s application for approval to transmit on a test basis; and

(b) there is a digital channel plan in force for the coverage area, or part of a coverage area, where the national broadcaster wishes to transmit on a test basis; and

(c) the national broadcaster wishes to transmit using a channel allotted to the national broadcaster by the digital channel plan.

67 the ACMA to issue transmitter licence

(1) the ACMA must issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode on a test basis.

Note See section 100B of the Radiocommunications Act 1992.

(2) the ACMA must also:

(a) identify conditions to which the licence should be subject, including (if appropriate) conditions about:

(i) the date of effect of the licence; and

(ii) the period during which the national broadcaster may transmit on a test basis; and

(b) issue the licence including the conditions.

(3) the ACMA does not guarantee or imply that the characteristics, including technical specifications, in the transmitter licence issued under section 100B of the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the national broadcaster after the national broadcaster ceases testing.

Note A licence for test transmissions may include characteristics that are appropriate for testing, but not for general broadcasting (for example, power restrictions or a requirement to use equipment in a particular way).

Subdivision F Test transmissions if there is a digital channel plan (tests not using allotted channel)

68 Application of Subdivision F

This Subdivision applies if:

(a) the ACMA approves a national broadcaster’s application for approval to transmit on a test basis; and

(b) there is a digital channel plan in force for the coverage area, or part of a coverage area, where the national broadcaster wishes to transmit on a test basis; and

(c) the national broadcaster wishes to transmit using a channel that has not been allotted to the national broadcaster by the digital channel plan.

69 Allocation of spectrum

(1) the ACMA must consider whether to allocate part of the radiofrequency spectrum to the national broadcaster under section 34 of the Act for the purpose of the transmission.

(2) However, the ACMA does not guarantee that it will be able to allocate a part of the spectrum.

(3) The national broadcaster is not permitted to transmit if the ACMA has not allocated a part of the spectrum.

(4) If the ACMA makes a determination allocating part of the spectrum, it must publish a notice either:

(a) setting out the determination; or

(b) stating where copies of the determination may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

70 the ACMA to issue transmitter licence

(2) the ACMA must issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode on a test basis.

Note See section 100B of the Radiocommunications Act 1992.

(3) the ACMA must also:

(a) identify conditions to which the licence should be subject, including (if appropriate) conditions about:

(i) the date of effect of the licence; and

(ii) the period during which the national broadcaster may transmit on a test basis; and

(b) issue the licence including the conditions.

(4) the ACMA does not guarantee or imply that:

(a) the channel used by the national broadcaster for transmission on a test basis will be made available to the national broadcaster for any other purpose; or

(b) the characteristics, including technical specifications, in the transmitter licence issued under section 100B of the Radiocommunications Act 1992 for transmission on a test basis will be included in any transmitter licence held by the national broadcaster after the national broadcaster ceases testing.

Note See subclause 19 (5) of Schedule 4 to the Act.

Subdivision G Test data

71 Test data

(1) the ACMA may, in writing, ask a national broadcaster to give the ACMA information about transmissions on a test basis, including:

(a) the national broadcaster’s test data; and

(b) the national broadcaster’s technical conclusions from the test data.

(2) the ACMA may also ask the national broadcaster, in writing, to give the information in a particular way.

(3) The national broadcaster must comply with a request as soon as practicable.

Division 10 Transmission in regional coverage area before start of simulcast period

Note about ‘early’ transmissions

This Scheme assumes that a national broadcaster will make arrangements with the intention of broadcasting in digital mode from the start of the simulcast period applicable to the national broadcaster. However, the timetable does not prevent a national broadcaster for a regional coverage area from starting transmissions before the start of the simulcast period.

It is important to note that a national broadcaster may be broadcasting before the start of simulcast periods to test its digital equipment, and its capacity to provide transmissions of adequate coverage and quality. A national broadcaster may be broadcasting its regular digital services under an approved implementation plan.

Although there may appear to be no visual difference between a test transmission and ‘regular’ transmission, the Act treats them differently and allows this Scheme to impose different requirements for the kinds of transmission.

Under this Division, the national broadcaster will need to apply to the ACMA for approval to transmit a regular digital service before the start of the simulcast period. the ACMA will approve an application if certain requirements are met.

The national broadcaster may, or may not, have an approved implementation plan in force at the start of this period of early transmission. If the national broadcaster has an approved implementation plan, the national broadcaster is likely to be seeking to start transmission earlier than the date of effect stated in the national broadcaster’s licence.

If the national broadcaster does not have an approved implementation plan, the ACMA expects the national broadcaster to prepare and submit a plan in accordance with Division 3 of this Part.

72 Division 10 does not apply to testing

This Division does not apply to a national broadcaster that proposes to transmit, on a test basis, a national television broadcasting service in digital mode.

Note See Div 9 of this Part.

73 Application form for approval to transmit before start of simulcast period

(1) the ACMA must approve, in writing, an application form for approval to transmit before the start of the simulcast period.

(2) the ACMA must publish a notice stating where copies of the form may be obtained.

Note the ACMA’s options for publishing the notice are in s 4.

74 Application form — content

The application form must require a national broadcaster to identify the date on which the national broadcaster proposes to start digital transmission in a coverage area.

75 Application for approval to transmit before start of simulcast period

A national broadcaster for a regional coverage area (other than a remote coverage area) may apply to the ACMA for approval to transmit a national television broadcasting service in digital mode in the area, or a part of the area:

(a) on or after 1 January 2001; and

(b) before the start of the simulcast period for that area.

Note See Act, Sch 4, subcl 19 (4).

76 Considering decision on application

(1) the ACMA must consider whether the application is suitable for approval, having regard to:

(a) the criteria in this section; and

(b) other matters that it considers relevant to efficient digital transmission and the efficient use of spectrum.

(2) The application must deal adequately with the matters with which the national broadcaster was required to deal by the application form.

(3) The digital channel plan for the area, or part of the area, must be in force.

(4) The application must be consistent with the policy objectives in subclause 19 (3) of Schedule 4 to the Act, and, in particular, the objectives in paragraphs 19 (3) (f), (g) and (j).

77 Further information about application

(1) the ACMA may, in writing, ask a national broadcaster to do 1 or more of the following things to help the ACMA to consider its decision on the application:

(a) to give the ACMA the information mentioned in the request;

(b) to carry out a test or other analysis described in the request;

(2) the ACMA is not required to consider the application while it is waiting for the national broadcaster to respond to the request.

78 Decision on application

(1) If the ACMA considers that the application is suitable for approval, the ACMA must, in writing:

(a) approve the application; and

(b) tell the national broadcaster of the decision as soon as practicable after approving the application.

(2) If the ACMA considers that the application is not suitable for approval, the ACMA must, in writing:

(a) refuse to approve the application; and

(b) tell the national broadcaster of the decision as soon as practicable after refusing to approve the application.

(3) Application may be made to the AAT for review of a decision refusing to approve the application.

79 Transmitter licence — general

(1) If the ACMA approves the application, the ACMA must issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode.

Note See section 100B of the Radiocommunications Act 1992.

(2) However, if the national broadcaster already holds a transmitter licence for the coverage area or part of the coverage area concerned, for test transmissions, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note 1 Division 9 of this Part deals with transmitter licences issued to support test transmissions.

Note 2 Schedule 4 to the Act imposes a timetable for conversion of commercial television broadcasting services to digital transmission, with simulcasts starting at different times in different coverage areas. The Schedule also makes arrangements for conversion of national television broadcasting services to digital transmission, and sets deadlines by which this should happen. To support these arrangements, the ACMA may have to set priorities for carrying out its responsibilities.

(3) the ACMA must also:

(a) identify conditions to which the licence should be subject, including (if appropriate):

(i) a condition about the date of effect of the licence; and

(ii) a condition that the licence is to be in force until the end of a day determined by the ACMA for this section; and

(b) issue or vary the licence including the conditions.

(4) the ACMA will ensure, as far as practicable, that the channel used by the national broadcaster for transmission will be made available to the national broadcaster during the simulcast period.

(5) However, the ACMA does not guarantee or imply that the channel will be made available.

Examples of problems with making channel available during simulcast period

1 The use of the channel is inconsistent with the digital channel plan for the area.

2 The national broadcaster is required under this Scheme to surrender a transmitter licence relating to the channel.

3 A transmitter licence relating to the channel is cancelled under the Act.

(6) Also, the ACMA does not guarantee or imply that the characteristics, including technical specifications, in the transmitter licence will be included in any transmitter licence subsequently issued to the national broadcaster for the area or part of the area.

80 Transmitter licence — no application, or unapproved application, for approval of implementation plan by start of simulcast period

(1) This section applies if:

(a) a national broadcaster holds a transmitter licence mentioned in section 79; and

(b) the national broadcaster intends to transmit before the national broadcaster has an approved implementation plan in force for the coverage area, or the relevant part of the coverage area; and

(c) the national broadcaster has not applied for approval of an approved implementation plan for the area, or part of the area, by the date determined by the ACMA for paragraph 79 (3) (b).

(2) This section also applies if:

(a) a national broadcaster holds a transmitter licence mentioned in section 79; and

(b) the national broadcaster intends to transmit before the national broadcaster has an approved implementation plan in force for the coverage area, or the relevant part of the coverage area; and

(d) the ACMA has not approved the application by the date determined by the ACMA for paragraph 79 (3) (b).

(3) the ACMA must decide, as soon as practicable:

(a) to vary or renew the transmitter licence so that the transmitter licence is in force for a period agreed to by the ACMA; or

(b) if the licence has ceased to be in force — to issue a new transmitter licence that is identical to the previous licence, except that the new transmitter licence will be in force for a period agreed to by the ACMA; or

(4) the ACMA must consider whether allowing the transmissions to continue under the varied, renewed or new transmitter licence will:

(a) assist with developing a digital channel plan, or confirming that an existing digital channel plan is satisfactory; or

(b) assist with developing an implementation plan, or confirming that an existing approved implementation plan is satisfactory; or

(5) the ACMA may, in writing, ask the national broadcaster to do 1 or more of the following things to help the ACMA to consider its decision:

(a) to give the ACMA the information mentioned in the request;

(b) to carry out a test or other analysis described in the request;

(6) As soon as practicable after making a decision under subsection (3), the ACMA must:

(a) vary or renew the transmitter licence; or

(b) issue a new transmitter licence; or

and tell the national broadcaster in writing of its decision.

(7) Application may be made to the AAT for review of a decision not to vary, renew or issue a transmitter licence.

81 Transmitter licence — starting before start date

(1) This section applies if:

(a) a national broadcaster has an approved implementation plan in force for the coverage area, or the relevant part of the coverage area; and

(b) the national broadcaster holds a transmitter licence relating to the approved implementation plan; and

(d) the national broadcaster wishes to start transmission in the area or part of the area before the date of effect.

Note the ACMA recognises the possibility that a national broadcaster with an approved implementation plan, and a specified start date, may subsequently be in a position to start transmission earlier than expected.

(2) the ACMA must decide, as soon as practicable:

(a) to vary the date of effect of the transmitter licence so that it takes effect from an earlier date nominated by the ACMA; or

(b) not to vary the date of effect of the transmitter licence.

(3) As soon as practicable after making a decision, the ACMA must:

(a) vary the date of effect of the transmitter licence; or

(b) take no action;

and tell the national broadcaster in writing of its decision.

(4) Application may be made to the AAT for review of a decision not to vary the date of effect of a transmitter licence.

Division 11 Other consultation

82 Consultation with national broadcasters

the ACMA must consult national broadcasters about the implementation of this Scheme.

Note See Act, Sch 4, para 19 (3) (l).

83 Consultation with tower owners and tower operators

If the implementation of this Scheme affects a particular broadcasting transmission tower, the ACMA must consult the tower owner and the tower operator.

Note See Act, Sch 4, para 19 (3) (m).

Part B Remote coverage areas

Division 1 Policy objectives

84 Policy objectives for Part B

Part B of this Scheme is directed towards ensuring the achievement of the following policy objectives:

(a) the policy objective mentioned in subclause 19 (6A) of Schedule 4 to the Act;

(b) the policy objective that, where and when practicable, the ACMA should establish a transitional period for a remote coverage area, known as a simulcast period, throughout which a national broadcaster would be required to transmit simultaneously the national television broadcasting service concerned in both analog mode and SDTV digital mode in so much of that area as is not a digital‑only local market area;

(c) the policy objective that a national broadcaster should be authorised, under 1 or more transmitter licences, to use 1 or more additional channels to transmit the national television broadcasting service concerned in digital mode in the holder’s remote coverage area;

(d) the policy objective that each additional channel should occupy 7 MHz of bandwidth;

(e) the policy objective that a national broadcaster may be allowed to transmit the national television broadcasting service concerned in digital mode in a remote coverage area during the whole or a part of the period before the start of the simulcast period, so long as that transmission complies with the requirements of Part B of this Scheme;

(f) the policy objective that a national broadcaster may be allowed to transmit, on a test basis, the national television broadcasting service concerned in digital mode in a remote coverage area before the start of the simulcast period for that area, so long as that transmission:

(i) complies with such requirements as are ascertained in accordance with Part B of this Scheme; and

(ii) occurs during a period ascertained in accordance with Part B of this Scheme;

(g) the policy objective that, as soon as practicable after the start of the simulcast period for a coverage area, and throughout the remainder of that period, the transmission of a national television broadcasting service in SDTV digital mode in so much of that area as is not a digital‑only local market area should achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode in so much of that area as is not a digital‑only local market area;

(h) the policy objective that, during the simulcast period for a remote coverage area, there should, as far as practicable, be co‑location of:

(i) transmitters used by a national broadcaster for that area to transmit the television broadcasting service concerned in digital mode in so much of that area as is not a digital‑only local market area; and

(ii) transmitters used by the national broadcaster to transmit that service in analog mode in so much of that area as is not a digital‑only local market area;

(ha) the policy objective that, during the simulcast period for a remote coverage area, no transmissions of national television broadcasting services in analog mode are to be made using a transmitter located in so much of that area as is a digital‑only local market area;

(i) the policy objective that, at the end of the simulcast period for a licence area, all transmissions of national television broadcasting services in analog mode in that area are to cease;

(ia) the policy objective that, if the television licence area plan for a licence area that corresponds to a coverage area comes into force immediately after the end of the simulcast period for that coverage area, each national broadcaster is to transmit the national television broadcasting service concerned in digital mode in that area after the end of the simulcast period using such channel or channels as are allotted under the television licence area plan for that area;

(ib) the policy objective that, if the television licence area plan for a licence area that corresponds to a coverage area does not come into force immediately after the end of the simulcast period for that coverage area, each national broadcaster is to transmit the national television broadcasting service concerned in digital mode in that area during the period:

(i) beginning at the end of the simulcast period; and

(ii) ending immediately before the television licence area plan comes into force;

using such channel or channels as the ACMA allots under the scheme or a digital channel plan, having regard to:

(iii) the need to plan the most efficient use of the spectrum; and

(iv) the other relevant policy objectives of the scheme;

(ic) the policy objective that, if the television licence area plan for a licence area that corresponds to a coverage area does not come into force immediately after the end of the simulcast period for that coverage area, each national broadcaster is to transmit the national television broadcasting service concerned in digital mode in that area after the television licence area plan comes into force using such channel or channels as are allotted under the television licence area plan for that area;

(j) the policy objective that, after the end of the simulcast period for a coverage area, the transmission of a national television broadcasting service in SDTV digital mode in so much of that area as is not a digital‑only local market area should achieve the same level of coverage and potential reception quality as was achieved by the transmission of that service in analog mode in so much of that area as is not a digital‑only local market area immediately before the end of that period;

(ja) the policy objective that, after a local market area becomes a digital‑only local market area, the transmission of a national television broadcasting service in SDTV digital mode in the digital‑only local market area should achieve the same level of coverage and potential reception quality as was achieved by the transmission of that service in analog mode in the local market area immediately before the local market area became a digital‑only local market area;

(k) the policy objective that national broadcasters should be permitted to use any spare transmission capacity that is available on the digital transmission channels for the purpose of the transmission of:

(i) datacasting services provided under, and in accordance with the conditions of, datacasting licences; or

(ii) national radio broadcasting services;

(l) the policy objective that the ACMA is to consult national broadcasters about the implementation of Part B of this Scheme;

(m) the policy objective that, if the implementation of Part B of this Scheme affects particular broadcasting transmission towers, the ACMA must consult the owners and operators of those towers;

(n) the policy objective that, if the implementation of Part B of this Scheme affects particular satellites, the ACMA may consult the owners and operators of those satellites;

(o) the policy objective that, in allotting channels under Part B of this Scheme or a digital channel plan, the ACMA must have regard to:

(i) the need to plan the most efficient use of the spectrum; and

(ii) the other relevant policy objectives of Part B of this Scheme;

(p) the policy objective that a process for conversion of transmissions of national television broadcasting services from analog mode to digital mode will occur as soon as practicable.

Note 1 The policy objective mentioned in subclause 19 (6A) of Schedule 4 to the Act is that each national broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode in a remote coverage area by such date as is ascertained in relation to that area in accordance with an implementation plan that was given by the broadcaster, and is in force, under clause 20 of that Schedule.

Note 2 The implementation of Part A of this Scheme will have priority over the implementation of Part B of this Scheme, but Part B of this Scheme will be implemented as soon as practicable.

Division 2 Technical documents

85 Documents about technical matters

(1) the ACMA may prepare a document explaining general technical assumptions to which it will have regard when preparing or making a digital channel plan under Division 3.

(2) If the ACMA prepares a document, it must publish a notice explaining where copies of the document may be obtained.

Note the ACMA’s options for publishing notices are in section 4.

(3) the ACMA may publish a notice stating that:

(a) a document prepared by the ACMA under subsection 6 (1) of the Commercial Television Conversion Scheme 1999 is adopted as, and taken to be, a document prepared for this section; or

(b) a document prepared by the ACMA under subsection 6 (1) of this Scheme is adopted as, and taken to be, a document prepared for this section

Note A document prepared under subsection 6 (1) of the Commercial Television Conversion Scheme 1999 or subsection 6 (1) of this Scheme explains technical assumptions to which the ACMA will have regard when considering whether the transmission of a commercial television broadcasting service in SDTV digital mode will achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.

(4) the ACMA may publish a notice stating that:

(a) a document prepared by the ACMA under subsection 6 (2) or 91 (1) of the Commercial Television Conversion Scheme 1999, and as in force when this Scheme commences, is adopted as, and taken to be, a document prepared for this section; or

(b) a document prepared by the ACMA under subsection 6 (2) of this Scheme, and as in force when this Scheme commences, is adopted as, and taken to be, a document prepared for this section

Note A document prepared under subsection 6 (2) or 91 (1) of the Commercial Television Conversion Scheme 1999 or subsection 6 (2) of this Scheme explains general technical assumptions to which the ACMA will have regard when preparing or making a digital channel plan.

(5) the ACMA may, at any time, vary a document it has prepared.

(6) If the ACMA varies the document, it must publish a notice explaining where copies of the variation (or the document as varied) may be obtained.

Note the ACMA’s options for publishing the document are in section 4.

Division 3 Digital channel plan

86 Digital channel plan

(2) Subject to subsection (2A), a digital channel plan may allot channels to national broadcasters in a remote coverage area, allowing the holders to transmit in digital mode after a simulcast period for the remote coverage area.

(2A) A digital channel plan must not allot channels to national broadcasters in a remote coverage area if a television licence area plan for the licence area that corresponds to the remote coverage area has come into force.

(3) A digital channel plan may deal with:

(a) all remote coverage areas (other than coverage areas dealt with in Part A of this Scheme); or

(b) 1 or more specified remote coverage areas (other than coverage areas dealt with in Part A of this Scheme).

Note As a result of subsection (3), there may be more than 1 document available at any time with the title digital channel plan.

(4) A digital channel plan may also deal with a specified part of a remote coverage area.

87 Content of digital channel plan

(1) A digital channel plan must allot channels to national broadcasters.

(2) A digital channel plan must also explain any technical limitations on the use of a particular channel that the ACMA believes should be shown.

(3) A digital channel plan must also explain whether the use of a channel depends on any event or circumstances described in the plan.

Example

If a channel is currently being used by another service, the use of the channel for digital transmission may depend on the other service vacating the channel, possibly by a particular date.

(4) A digital channel plan may include other matters.

Example

Whether there is any channel capacity available for uses other than the conversion of existing broadcasting services.

88 Preparing draft digital channel plan

(1) If the ACMA wishes to make a digital channel plan, it must prepare a draft version of the plan, having regard to the matters in this section.

(2) the ACMA must have regard to:

(a) the need to plan the most efficient use of the spectrum; and

(b) the policy objectives mentioned in section 84.

(3) the ACMA may also have regard to:

(a) the cost, to national broadcasters, tower owners, tower operators and site operators, of:

(i) allotting particular channels; and

(ii) digital transmission using the channels; and

(b) the likely cost, and disruption, to consumers caused by having to receive national television broadcasting services in digital mode using allotted channels; and

(d) if a regional equalisation plan is in force for a particular area — the plan; and

(e) other matters it considers relevant.

89 Notice inviting comments on draft digital channel plan

If the ACMA prepares a draft digital channel plan, it must publish a notice:

(a) stating where copies of the draft plan may be obtained; and

(b) inviting comments on the draft plan in the period specified in the notice.

Note the ACMA’s options for publishing the notice are in section 4.

90 Revising draft digital channel plan

If the ACMA revises a draft digital channel plan, it must decide whether it is appropriate to give notice of and invite comments on the revised draft digital channel plan under section 89.

91 Making digital channel plan

(1) the ACMA may make a digital channel plan at any time after complying with sections 89 and 90.

(2) When considering the form of a plan, the ACMA must have regard to any comments it receives.

(3) If the ACMA makes a digital channel plan, it must publish a notice stating where copies of the plan may be obtained.

Note the ACMA’s options for publishing the notice are in section 4.

92 Varying digital channel plan

(1) This section applies if the ACMA wishes to vary a digital channel plan made for this Scheme.

(2) the ACMA must decide:

(a) whether it is appropriate to invite comments on the variation; and

(b) if so — whether it is appropriate for it to use the process for inviting comments in section 89.

Note In some circumstances, it may be more efficient for the ACMA to use a different form of public consultation.

(3) If the ACMA invites comments, it must have regard to any comments it receives when considering the form of a variation.

(4) the ACMA must have regard to the matters mentioned in subsection 88 (2).

(5) the ACMA may have regard to any of the matters mentioned in subsection 88 (3).

(6) the ACMA may vary the digital channel plan:

(a) at any time after completing its consultation; or

(b) if there is no consultation — at any time.

(7) If the ACMA varies the digital channel plan, it must publish a notice stating where copies of the variation may be obtained.

Note the ACMA’s options for publishing the notice are in section 4.

93 Varying plans and characteristics

(1) the ACMA may vary the characteristics, including technical specifications, of:

(a) a broadcasting service available in a remote coverage area or part of a remote coverage area; and

(b) capacity in the broadcasting services bands that are reserved for a national broadcasting service under section 31 of the Act.

Note Under subclause 24 (1) of Schedule 4 to the Act, if there is a frequency allotment plan or a licence area plan in force for the area, the ACMA may amend the plan through the national television conversion scheme.

(2) If the ACMA wishes to vary a characteristic, it must carry out the same consultations as are required under clause 33 of Schedule 4 to the Act for the variation of this Scheme.

(4) the ACMA must issue or vary transmitter licences in a way that makes them consistent with the characteristics.

Note See subsection 111 (5) of the Radiocommunications Act 1992.

94 First digital channel plan

(1) This section applies to the preparation and making of, and the consultation process for, the first digital channel plan.

(2) the ACMA may use material or a document prepared before the commencement of this section.

(3) The preparation of a draft digital channel plan by the ACMA before the commencement of this section is taken to comply with section 88.

(4) The publication of a notice about a draft digital channel plan and inviting comments on the draft digital channel plan by the ACMA before the commencement of this section is taken to comply with section 89.

(5) The revision of the draft digital channel plan by the ACMA before the commencement of this section, and the ACMA’s decision, before the commencement of this section, whether to invite comments on the revised draft digital channel plan, are taken to comply with section 90.

Division 4 Implementation plans

Note about implementation plans

Under clause 20 of Schedule 4 to the Act, a national broadcaster must prepare, and give to the Minister, 1 or more implementation plans relating to digital transmission.

The implementation plan is a key step in the digital conversion process.

It is a national broadcaster’s binding commitment, approved by the Minister:

(a) to provide transmission of a national television broadcasting service in digital mode from specified sites; and

(b) to cover specified areas by specified dates;

to achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.

The national broadcaster may submit a single, comprehensive, plan for the area or a series of plans that develop the national broadcaster’s digital transmission arrangements for the area in stages.

The Minister will assess the draft plan (or a plan that is part of a series), and approve or
reject it.

Under subclause 20 (6) of Schedule 4 to the Act, an implementation plan comes into force when it is approved by the Minister.

Clause 21 of Schedule 4 to the Act provides that a national broadcaster must comply with an implementation plan it gave to the Minister, and that is in force.

Subdivision A Approval of documents

95 Form of implementation plan

(1) The Minister must approve, in writing, the form of an implementation plan.

(2) The plan must identify 1 or more sites that a national broadcaster proposes to use for digital transmission.

(3) The plan must identify 1 or more transmitter coverage areas to be served by transmitters that the national broadcaster proposes to use for digital transmission.

(4) For each transmitter, the plan must identify the date on or before which the transmitter will be used for digital transmission.

(5) The form must also require the national broadcaster to identify, in the plan:

(a) the date on which the national broadcaster proposes to start digital transmission in the coverage area; or

(b) the dates on which the national broadcaster proposes to start digital transmission in specified parts of the coverage area.

(6) The plan must state whether:

(a) the plan constitutes the implementation plan for the coverage area; or

(b) the plan is in a series of implementation plans that the national broadcaster intends to submit for the coverage area.

(7) If the plan is the first in a series of plans, the plan must also state:

(a) that it is the first plan in a series of sequentially numbered implementation plans that the national broadcaster intends to submit for the coverage area; and

(b) the total number of plans that the national broadcaster intends to submit for the coverage area; and

(d) the geographic area to which an implementation plan in the series will apply; and

(e) the reason why it is not practicable to submit a single plan for the coverage area.

(8) A plan that is subsequent to the first in a series of plans must also state:

(a) the number of the implementation plan in the series of plans for the coverage area; and

(b) the geographic area to which the implementation plan applies; and

(c) the date by which the national broadcaster expects to submit each remaining implementation plan (if any) in the series; and

(d) if any previous implementation plan that is part of the series has been approved by the Minister (an earlier approved plan), the details of the earlier approved plan, including:

(i) its number in the series; and

(ii) the date when it was approved; and

(e) if the plan expressly or impliedly varies an earlier approved plan, the change being made and the reason for the change.

Note Paragraphs 95 (7) (c) and (8) (c) are not intended to hold the national broadcaster to the dates offered. In both cases, the dates are important indicative information for the Minister’s benefit, but they are not intended to hold the broadcaster to the timetable, or to punish the broadcaster for not meeting the timetable.

(9) The plan may also deal with other matters.

(10) the ACMA must publish a notice stating where copies of the form of implementation plan may be obtained.

Note the ACMA’s options for publishing the notice are in section 4.

96 Application form for approval of implementation plan

(1) The Minister must approve, in writing, an application form for approval of an implementation plan.

Note See Subdivision B.

(2) the ACMA must publish a notice stating where copies of the application form may be obtained.

Note the ACMA’s options for publishing the notice are in section 4.

97 Application form — essential content

The form must require a national broadcaster to prepare the implementation plan using the approved form of the plan, and submit it with the application form.

Note See section 96.

98 Application form — optional content

(1) The application form may also require a national broadcaster to give information about the site of each transmitter, including:

(a) the name of the site; and

(b) the Australian map grid reference.

(2) The application form may also require a national broadcaster to give information about the proposed emission characteristics of each transmitter, including:

(a) the frequency band; and

(b) the channel; and

(d) the effective radiated power.

(3) The application form may also require a national broadcaster to state that the national broadcaster:

(a) has access to each site and broadcasting transmission tower it is proposing to use; and

(b) has used its best endeavours to obtain any approvals required from third parties, and conducted necessary consultations.

Examples

1 Local government approval for use of a site.

2 Consultation with other national broadcasters, and with holders.

(4) The application form may also require a national broadcaster to carry out a test or other analysis described in the form.

(5) The application form may also require a national broadcaster to give other information to the Minister or the ACMA.

Subdivision B Approval of implementation plans

Note: outline of decision-making process

Subclause 20 (2) mentions matters to which a national broadcaster must have regard in preparing an implementation plan.

99 Application for approval of implementation plan

(1) A national broadcaster must apply to the Minister for approval of an implementation plan relating to the conversion of a national television broadcasting service (other than a multi‑channelled national television broadcasting service).

(2) The national broadcaster must apply using the approved application form, and prepare the implementation plan in the approved form.

Note See section 96 of this Scheme.

(3) To avoid doubt:

(a) strict compliance with the approved application form and the approved form of the implementation plan is required; and

(b) section 25C of the Acts Interpretation Act 1901 does not apply to
the approved application form and the approved form of the implementation plan.

Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that where a person must use a prescribed form it is sufficient to comply substantially with the prescribed form.

100 Minister to tell the ACMA when application received

As soon as practicable after receiving an application for approval of an implementation plan, the Minister must tell the ACMA about it.

101 Matters for the ACMA to take into account if preparing a report

(1) If the Minister directs the ACMA to give a report for subclause 20 (5) of Schedule 4 to the Act, the Minister may specify matters that the ACMA must take into account in preparing its report.

(2) The following are examples of matters that the ACMA may take into account in preparing the report:

(a) whether the application is in strict compliance with the approved application form;

(b) whether the application deals adequately with the matters that the national broadcaster was required to deal with by the application form;

(f) whether the service is likely to interfere with other services;

(g) whether the service will start on or before the start of the simulcast period;

(h) whether the policy objectives in section 84 of this Scheme will be met as soon as practicable after the start of the simulcast period;

(i) whether the national broadcaster proposes to transmit national television broadcasting services in analog and SDTV digital modes for the entire simulcast period;

(j) whether the national broadcaster has consulted other broadcasters about the location of the national broadcaster’s transmitters;

(k) whether the national broadcaster proposes to co‑locate its own transmitters for transmitting national television broadcasting services in analog and digital modes;

(l) whether the national broadcaster has access to each site and broadcasting transmission tower it is proposing to use;

102 Reduction in coverage and quality of digital transmission

(1) This section applies if:

(a) a national broadcaster applies for approval of an implementation plan; and

(b) the level of coverage and potential reception quality achieved by the service in analog mode in the area has reduced after Schedule 4 to the Act commenced; and

(3) If the ACMA acts under subsection (2), the ACMA must send a copy of the request to the Minister.

(5) If the ACMA acts under subsection (2), the ACMA is not required to prepare its report while it is waiting for the national broadcaster to respond to the request.

(6) The Minister is not required to consider the application while the Minister is waiting for the report.

103 Location of transmitters

(1) This section applies if:

(a) a national broadcaster applies for approval of an implementation plan; and

(b) it is not practicable for the national broadcaster to co‑locate, during the simulcast period for the coverage area:

(i) a transmitter used by the national broadcaster to transmit the national television broadcasting service concerned in digital mode in that area; and

(ii) transmitters used by the national broadcaster to transmit that service in analog mode in that area; and

Note See paragraph 84 (h) of this Scheme.

(d) the Minister has directed the ACMA to give a report in relation to the implementation plan for subclause 20 (5) of Schedule 4 to the Act.

(2) the ACMA’s report must state the ACMA’s view about whether the national broadcaster should be required to co‑locate its transmitters as mentioned in paragraph 84 (h) of this Scheme.

(3) For subsection (2), the ACMA must form its view by taking into account:

(a) the policy objectives in section 84 of this Scheme (other than the policy objective in paragraph 84 (h) of this Scheme); and

(b) the costs that the national broadcaster is likely to incur by choosing particular locations; and

104 Further information about application — the ACMA report

(1) This section applies if the Minister has directed the ACMA to give a report for subclause 20 (5) of Schedule 4 to the Act.

(2) the ACMA may, in writing, ask the national broadcaster to do 1 or more of the following things to help the ACMA to prepare its report:

(a) give the ACMA the information mentioned in the request;

(b) carry out a test or other analysis described in the request;

(3) The request may be to do, or repeat, something that was required in the application form.

(4) If the ACMA acts under subsection (2), the ACMA must send a copy of the request to the Minister.

(5) the ACMA is not required to prepare its report while it is waiting for the national broadcaster to respond to the request.

(6) The Minister is not required to consider the application while the Minister is waiting for the report.

105 Further information about application — Minister’s request

(1) The Minister may, in writing, ask the national broadcaster to do 1 or more of the following things to help the Minister make a decision:

(a) give the Minister, or the ACMA, the information mentioned in the request;

(b) carry out a test or other analysis described in the request;

(2) The request may be to do, or repeat, something that was required in the application form.

(3) If the Minister acts under subsection (1), the Minister must send a copy of the request to the ACMA.

(4) The Minister is not required to consider the application while the Minister or the ACMA is waiting for the national broadcaster to respond to the request.

106 New implementation plan

(1) If the Minister refuses to approve a national broadcaster’s implementation plan, the national broadcaster may submit another plan.

Note If the Minister refuses to approve an implementation plan, the Minister may give the national broadcaster a written notice under subclause 20 (7) of Schedule 4 to the Act. A notice under subclause 20 (7) may require the national broadcaster to give a fresh implementation plan. It may also advise that, if specified changes were incorporated in the fresh plan, the Minister would be disposed to approve the fresh plan. The notice must set out the reasons for refusal to approve an implementation plan.

(2) The national broadcaster must give the Minister another application form with the implementation plan if the Minister asks the national broadcaster for it.

(3) The national broadcaster must complete the application form (if required), and prepare the plan, in the way described in section 99 of this Scheme.

(4) The Minister must deal with the application in the way described in sections 101 to 105 (inclusive) of this Scheme.

107 Minister must tell the ACMA about decision

If the Minister approves a national broadcaster’s implementation plan, the Minister must tell the ACMA about the decision.

108 Register of approved implementation plans

(1) the ACMA is to maintain a register of approved implementation plans.

(2) The register is to be open for public inspection, and a person is entitled to be given a copy of, or an extract from, any entry in the register.

Subdivision C Transmitter licences

109 Transmitter licence

(1) If a national broadcaster’s implementation plan is approved, the ACMA must issue to the national broadcaster a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting national broadcasting services in digital mode for the simulcast period.

Note See section 100B of the Radiocommunications Act 1992.

(2) However, if the national broadcaster already holds a suitable transmitter licence for the remote coverage area concerned the ACMA may vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).

Note Division 9 of this Part deals with transmitter licences issued to support test transmissions. Division 10 of this Part deals with transmitter licences issued to support transmission in a remote coverage area before the start of the simulcast period.

(4) the ACMA must also:

(a) identify conditions to which the licence should be subject, including (if appropriate) the date of effect of the licence; and

(b) issue or vary the licence including the conditions.

Subdivision D Variation of approved implementation plan

Note: outline of variation of approved implementation plan

Under subclause 20 (9) of Schedule 4 to the Act, a national broadcaster may give the Minister a variation of an approved implementation plan that relates to the national broadcaster. Subclauses 20 (2) to (8) apply to the variation of an implementation plan in a corresponding way to the way in which they apply to an implementation plan.

110 Application form for approval of variation

(1) The Minister must approve, in writing, an application form for approval of a variation of an implementation plan.

(2) The form may require a national broadcaster to give information to the Minister.

(3) the ACMA must publish a notice stating where copies of the form may be obtained.

Note the ACMA’s options for publishing the notice are in section 4.

111 Application for approval of variation

(1) If a national broadcaster gives the Minister a variation of an approved implementation plan for subclause 20 (9) of Schedule 4 to the Act, the national broadcaster must use the approved application form.

(2) To avoid doubt:

(a) strict compliance with the approved application form is required; and

(b) section 25C of the Acts Interpretation Act 1901 does not apply to the approved application form.

Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that where a person must use a prescribed form it is sufficient to comply substantially with the prescribed form.

(3) The national broadcaster’s application must deal with 1 approved implementation plan only.

111A National broadcaster must apply for variation in certain circumstances

(1) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s approved implementation plan if:

(a) the Minister has determined that a specified area within the remote coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and

(b) the national broadcaster:

(2) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s implementation plan if:

(a) the Minister has determined that a specified area within the remote coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and

(b) the determination results in, or is likely to result in, the national broadcaster not being able to comply with the national broadcaster’s approved implementation plan.

(3) The national broadcaster must apply to the Minister using the approved application form and must apply:

(a) if subparagraph (1) (b) (i) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister; or

(c) if subsection (2) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister.

(4) Subsections 111 (2) and (3) apply to an application under this section.

111B Reduction in coverage and quality of analog transmission

(1) This section applies if:

(a) the Minister determines that a specified area included in a remote coverage area is a local market area that will become a digital‑only local market area; and