EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Radiocommunications (Domestic Digital Television Receiver — Characteristic) Determination 2007
Section 5 of the Radiocommunications Act 1992
Purpose
The Radiocommunications (Domestic Digital Television Receiver — Characteristic) Determination 2007 (the Determination) is made by the Australian Communications and Media Authority (ACMA) under paragraph (c) of the definition of domestic digital television receiver (DDTR) in section 5 of the Radiocommunications Act 1992 (the Act).
The purpose of the Determination is to specify an additional characteristic to the definition of a DDTR in section 5 of the Act.
Background
On 18 October 2006, the Parliament passed the Broadcasting Legislation Amendment (Digital Television) Act 2006. That Act amended the Act and the Broadcasting Services Act 1992 to provide for the allocation of two new types of datacasting transmitter licences (DTLs), Channel A DTLs and Channel B DTLs.
Section 5 of the Act provides definitions including the definition of a DDTR. The Act defines a DDTR as being domestic reception equipment that:
- is not a hand-held device; and
- is capable of receiving television programs transmitted in SDTV digital mode or HDTV digital mode; and
- has such other characteristics (if any) as are specified in a legislative instrument made by ACMA.
Reason for making the instrument
The definition of a DDTR is of significance for this allocation because the nature of the services that can be provided on the Channel A and B DTLs, depend in part on the definition of a domestic digital television receiver. Specifically, the Act provides that:
- a person who operates a Channel A DTL to transmit a service must transmit a service that is capable of being received by a DDTR (paragraph 109A(1)(ia) of the Act); and
- if the person who operates a Channel B DTL to transmit a service:
- holds, or controls, a commercial television broadcasting licence; or
- is, or is controlled by, a national broadcaster;
the person cannot operate the Channel B DTL to transmit a service that is capable of being received by a DDTR (paragraphs 109A(1)(ic) and (id) of the Act and section 51A and clause 41(3) of Schedule 6 of the Broadcasting Services Act 1992); and
- a person who operates a Channel B DTL to transmit a subscription television broadcasting service must not transmit a subscription television broadcasting service that is capable of being received by a DDTR (paragraph 109A(1)(ib) of the Act).
ACMA wants to ensure that certain mobile reception equipment is not unintentionally caught within the definition of DDTR. In particular, ACMA wants to ensure that:
- reception equipment contained in laptop computers; and
- reception equipment contained in transportation, such as motor vehicles;
are not DDTRs.
After representations from industry, and because the definition of a DDTR is of significance to potential licensees, ACMA is clarifying the definition of a DDTR by exercising its power under the Act to add a characteristic to the definition of a DDTR.
Summary of the additional characteristic and its intended impact and effect
The Determination adds a characteristic to the definition of a DDTR. A DDTR, in addition to the other characteristics mentioned in the definition in section 5 of the Act, must work if connected to an electricity system of an electricity supply body (in common parlance: “mains power”). In addition, the equipment must not have a battery that allows it to operate when not connected to an electricity system.
The above additional characteristic:
- will not exclude reception equipment such as digital set top boxes from the definition of a DDTR; but
- will exclude reception equipment in laptop computers from the definition of a DDTR.
The characteristic also takes into account the fact that set top boxes might have a low power battery sufficient for keeping time or holding settings in memory but insufficient for operating the unit itself.
The addition of the characteristic will support the government’s objective of encouraging new and innovative services by increasing certainty amongst potential bidders for both the Channel A DTLs and the Channel B DTLs and the ultimate licensee or licensees as to how they can use their DTLs.
Regulation Impact
The Determination has no or low compliance costs and impact on competition. There is thus no additional compliance cost for business, and it would not alter the way business or individuals behave. It does not impose any greater restriction on competition than already exists.
For these reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA reference number is 005.
Consultation
The general public and stakeholders have been consulted on the making of this Determination. A draft determination, together with an introduction and background information, was published on ACMA’s website on 27 March 2007.
Stakeholders including all individuals and members of industry who had previously made submissions to ACMA related to Channel A DTLs and Channel B DTLs were also sent copies of the draft determination and background information and invited to make submissions. Also some relevant industry bodies were invited to make submissions.
ACMA received six written submissions on the draft determination.
ACMA also raised this issue at an earlier stage as part of the consultation following its December 2006 consultation paper on Channels A and B. Of the submissions received in response to that consultation three addressed the definition of a DDTR.
Notes on sections
Section 1
Section 1 of the Determination provides the title of the Determination.
Section 2
Section 2 of the Determination provides that the Determination will commence on the day after it is registered.
Section 3
Section 3 of the Determination provides interpretive provisions.
Section 4
Section 4 of the Determination provides the additional characteristic which augments the Act’s definition. To be a DDTR, the reception equipment must also have the following characteristic:
- as manufactured (that is, without modification of the equipment, whether authorised or not), the equipment must work when connected to the “mains power” (that is, when connected to an electricity socket); and
- as manufactured, the equipment must not have a battery that allows it to be operated otherwise than by connection to the “mains power”.
Reception equipment in a laptop computer will work when the computer is connected to the mains power, but the computer has a battery that allows stand-alone operation, and so the laptop computer is not a DDTR.
Reception equipment in a motor vehicle may be unable to be connected to the mains power, and so is not a DDTR.