Explanatory Statement
RADIOCOMMUNICATIONS (DURATION OF CTV TRANSMITTER LICENCES) DETERMINATION (NO. 1) 2006
Issued by the authority of the Minister for Communications,
Information Technology and the Arts
Purpose
The effect of this Determination is that a transmitter licence issued under section 102 of the Radiocommunications Act 1992 (the Act) which is related to a CTV licence within the meaning of the Broadcasting Services Act 1992 (the BSA) continues in force until 31 December 2008.
Background
In 2002 the Parliament amended the BSA so as to establish a new regulatory regime for community television (CTV) broadcasters. Concurrent amendments were made to the Act in relation to the transmitter licences associated with the CTV licences. In particular, new subsection 103(4A) was inserted. Paragraph 103(4A)(a) provides that, subject to paragraphs 103(4A)(b) and (c), the transmitter licence issued under section 102 of the Act continues in force while the related licence referred to in that section remains in force. Paragraph 103(4A)(c) provides that if the related licence is a CTV licence within the meaning of the BSA, the transmitter licence issued under section 102 of the Act does not have effect after the later of 31 December 2006 or the date specified in a written determination by the Minister.
Paragraph 103(4A)(c) was inserted to ensure that the spectrum used for CTV broadcasting would be able to continue to be used for analogue CTV transmission until at least 31 December 2006, which was the end date of the moratorium for the allocation of new commercial licences specified in section 28 of the BSA. Subparagraph 103(4A)(c)(ii) empowers the Minister to extend that date by written determination. The Explanatory Memorandum to the Broadcasting Legislation Amendment Bill (No. 2) 2002 notes that the proposed amendments to the Act give the Government the ability to extend this date in case it should decide, closer to the time, that analogue CTV should continue.
The Broadcasting Legislation Amendment (Digital Television) Act 2006 provided the Minister for Communications, Information Technology and the Arts with a decision-making role in the allocation of new commercial TV licences from 1 January 2007. The Government has indicated that it does not see the need for any additional commercial TV licences at this time. The issue of further commercial TV licences will be considered in a statutory review to be conducted before switchover.
The Government has also indicated that, prior to digital switchover, it will consider allocating the analogue channels within which existing, permanent CTV licensees operate, for digital services. If that arrangement went ahead, analogue CTV would then cease and community television broadcasters would operate in digital mode on that channel. An extension of analogue CTV transmitter licences to 31 December 2008 will provide time for the Government to consider the reallocation of these channels and the digitisation of CTV while ensuring that CTV licensees are authorised to operate in analogue mode but not beyond the current legislated switchover date for commercial and national broadcasters in metropolitan markets.
Notes on Clauses
Clause 1 provides the citation of the Determination.
Clause 2 provides that the Determination will commence on the day after it is registered on the Federal Register of Legislative Instruments (FRLI).
Clause 3 defines a term used in the Determination.
Clause 4 specifies the date of 31 December 2008 for the purposes of subparagraph 103(4A)(c)(ii), being the date after which the transmitter licence issued under section 102 and related to a CTV licence ceases to have effect.
Consultation
The Australian Communications and Media Authority and the community broadcasting sector have been consulted in relation to the making of the Determination.