EXPLANATORY STATEMENT
Radiocommunications Act 1992
Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Amendment No.1 of 2020)
Issued by the Authority of the Minister for Communications, Cyber Safety and the Arts
Authority
The duration of transmitter licences issued under the Radiocommunications Act 1992 (the Radiocommunications Act) is determined by section 103 of that Act. Specifically, for transmitter licences issued under subsection 102(1) of the Radiocommunications Act where the related broadcasting services licence is a ‘CTV licence’, subparagraph 103(4A)(c)(ii) of the Radiocommunications Act enables the Minister to, by written determination, specify a date after which the transmitter licence no longer has effect.
Subsection 103(4B) provides that such a written determination is a legislative instrument, for the purposes of subsection 8(2) of the Legislation Act 2003.
Purpose
The Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Amendment No.1 of 2020) (the Amendment Determination) will amend the Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Principal Determination) to extend the duration of two transmitter licences held by a community television broadcaster in Melbourne, for a period of 12 months until 30 June 2021.
The Amendment Determination is required in order to ensure that this Melbourne community broadcaster can continue to deliver terrestrial community television services in Melbourne until the planned transition to exclusively online delivery by 30 June 2021.
Background
The Broadcasting Services Act 1992 (the BSA) provides a regulatory regime for the licensing of community television broadcasters. A CTV Licence is a community broadcasting licence under Part 6 of the BSA to provide a service that provides television programs but is not targeted, to a significant extent, to one or more remote Indigenous communities.
Paragraph 103(4A)(a) of the Radiocommunications Act provides that, subject to paragraphs 103(4A)(b) and (c), a transmitter licence issued under subsection 102(1) continues in force while the related broadcasting licence referred to in that subsection remains in force. Paragraph 103(4A)(c) provides that if the related broadcasting licence is a CTV licence (within the meaning of section 6 of the BSA), the transmitter licence issued under subsection 102(1) of the Radiocommunications Act does not have effect after the later of 31 December 2006, or the date specified in a written determination by the Minister. As the Australian Government has been considering appropriate long term arrangements for CTV licences, the default statutory date of 31 December 2006 has been extended several times by ministerial determination.
There is currently one community television broadcaster licenced under Part 6 of the BSA, Melbourne Community Television Consortium Ltd. This licensee currently operates a terrestrial service in Melbourne using transmitter licences numbers 1922136 and 1922137.
By operation of this Determination, the related transmitter licences will continue to remain in force until 30 June 2021. This will provide the broadcaster with an additional twelve months of terrestrial broadcasting, subject to renewal of its associated CTV licence, which will provide sufficient additional time for the broadcaster to manage its transition to exclusively online delivery. Melbourne Community Television Consortium Ltd has committed to strategies such as reconfiguring its business model, programming methods and production practices to better suit the online environment. It will also need to take steps to ensure that it can maintain audience members and sponsors during the migration to a new transmission format.
Consultation
In accordance with section 17 of the Legislation Act 2003, the Department, on behalf of the Minister, consulted with the Australian Communications and Media Authority (ACMA) and Melbourne Community Television Consortium Ltd in relation to the Minister’s proposal to amend the Principal Determination and extend the duration of two transmitter licences for a period of 12 months and a draft of the Determination was also provided to ACMA for comment.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment B.
Attachment A
Notes on the Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Amendment No.1 of 2020)
Section 1 Name
Section 1 provides that the name of the instrument is the Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Amendment No.1 of 2020).
Section 2 Commencement
Section 2 provides that the Amendment Determination commences on the day it is registered on the Federal Register of Legislation.
Section 3 Authority
Section 3 provides that the source of authority for making of the Amendment Determination is subparagraph 103(4A)(c)(ii) of the Radiocommunications Act.
Section 4 Amendments
Section 4 provides that the Principal Determination is amended as set out in the Schedule to the Amending Determination.
Schedule
Item 1 of the Schedule to the Amending Determination repeals section 4 of the Principal Determination and substitutes it with a new section 4 that has the effect of specifying a new date for the purposes of subparagraph 103(4A)(c)(ii) of the Radiocommunications Act, being 30 June 2021 for the transmitter licences (number 1922136 and 1922137) related to the CTV licence in Melbourne. This amendment gives effect to the twelve month extension for those two transmitter licences.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Amendment No.1 of 2020)
The Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Amendment No.1 of 2020) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Amending Determination amends the Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (the Principal Determination) to extend the end date of specified transmitter licences issued under subsection 102(1) of the Radiocommunications Act 1992 by twelve months, from 30 June 2020 to 30 June 2021. This will allow the related community television broadcaster to continue to use spectrum until 30 June 2021, so that the broadcaster can fully complete the transition to exclusive online delivery of its services.
Human rights implications
Australia is a signatory to the International Covenant on Civil and Political Rights (the ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These two conventions are listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Article 19(2) of the ICCPR protects freedom of expression, including the right to seek, receive and impart information and ideas of all kinds, and the means of their dissemination. Article 15(1) of the ICESCR protects the right of everyone to take part in cultural life.
The Amending Determination extends the end date of two transmitter licences by twelve months. By continuing to provide access to spectrum so that the related community television broadcaster can broadcast community television to viewers in Melbourne, this advances its audiences’ freedom of expression. The United Nations Human Rights Committee has recognised the importance of ensuring a diversity of sources and views in the media to protect freedom of expression. This Amending Determination promotes the expression of Australian perspectives through community television broadcasting services and therefore promotes a diversity of views in the media. The community television broadcaster will transition to online delivery after 30 June 2021, with audiences continuing to have access to their services through a different platform (online).
Based on this, the Amending Determination promotes the right of Australians to freedom of expression, consistent with Article 19(2) of the ICCPR.
The United Nations Committee on Economic, Social and Cultural Rights has noted that the right to take part in cultural life includes the right of everyone to share cultural knowledge and expressions with others and to know and understand his or her own culture. By continuing to provide the community television broadcaster in Melbourne (Melbourne Community Television Consortium Ltd) with access to spectrum until 30 June 2021 in order to continue broadcasting, this promotes greater access by Australians to community television content that reflects a sense of Australian culture. After this time, viewers are expected to be able to continue to access this content through a different platform (online) and new viewers in other locations in Australia will have access to its services. Therefore, the Amending Determination promotes the right of Australians to take part in a distinctly Australian cultural life, consistent with Article 15(1)(a) of the ICESCR.
This Amending Determination positively engages the rights protected by Article 19(2) of the ICCPR and Article 15(1) of the ICESCR as it will enhance the viewing experience for Australian audiences.
Conclusion
This Amending Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.