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.
Overview
The Radiocommunications (Duration of CTV Transmitter Licences) Determination (No. 1) 2006 was introduced by the Minister for Communications, Information Technology and the Arts to address the need for an extension of the validity of transmitter licences associated with Community Television (CTV) licences. The determination was enacted to ensure that the spectrum used for analogue CTV broadcasting could continue until 31 December 2008, providing a transitional period before digital switchover. This was achieved by extending the date specified in a written determination by the Minister, as allowed under subparagraph 103(4A)(c)(ii) of the Radiocommunications Act 1992. The objective was to allow the Government sufficient time to consider reallocating analogue channels for digital services and the digitisation of CTV, while ensuring that CTV licensees could continue to operate in analogue mode until the legislated switchover date for commercial and national broadcasters in metropolitan markets. The determination was made in consultation with the Australian Communications and Media Authority and the community broadcasting sector.
Scope and Application
The Radiocommunications (Duration of CTV Transmitter Licences) Determination (No. 1) 2006 applies to transmitter licences issued under section 102 of the Radiocommunications Act 1992, specifically those that are related to a Community Television (CTV) licence within the meaning of the Broadcasting Services Act 1992. These licences will continue in force until 31 December 2008, extending the period established by the Broadcasting Legislation Amendment (Digital Television) Act 2006. The Determination is made under the authority of the Minister for Communications, Information Technology and the Arts, and it provides a clear timeframe for the duration of these licences, ensuring that CTV broadcasters have a defined period to continue their operations in analogue mode. The Determination extends across the Commonwealth of Australia and affects entities and individuals who hold or are involved with these specific types of transmitter licences.
The scope of the Determination is limited to the particular subset of transmitter licences associated with CTV licences and does not extend to other types of licences or broadcasting services. The geographic reach is national, applying uniformly across Australia, as the Determination is a Commonwealth instrument. There are no stated exclusions, exemptions, or thresholds within the Determination itself, although the underlying Acts and the specific terms of the licences themselves may contain additional conditions or requirements. The application of the Determination may be further refined or extended through subordinate instruments or regulations, although this is not indicated in the provided text. The Determination was made following consultation with the Australian Communications and Media Authority and the community broadcasting sector, ensuring that relevant stakeholders were considered in the decision-making process.
Key Provisions
The Radiocommunications (Duration of CTV Transmitter Licences) Determination (No. 1) 2006 establishes that a transmitter licence issued under section 102 of the Radiocommunications Act 1992 (the Act) which is associated with a community television (CTV) licence under the Broadcasting Services Act 1992 (the BSA) will remain in force until 31 December 2008. This means that the associated transmitter licence will continue to be valid for use by the CTV licensee until this date, as outlined in clause 4 of the Determination.
Under the Act, the primary obligation imposed by this Determination is to extend the duration of the transmitter licence linked to a CTV licence. According to section 103(4A) of the Act, the transmitter licence will continue in force as long as the related CTV licence remains valid. This extension is specifically tied to the conditions set out in subsection 103(4A)(c), which allows for the Minister to extend the effective date of the transmitter licence beyond 31 December 2006 through a written determination.
In the event of a breach of the provisions set out in this Determination, there are no explicit offences or penalties mentioned in the text. However, the Determination does outline the authority of the Minister to make such determinations, which inherently carries the obligation to comply with the terms set forth. Any failure to adhere to the extended date specified by the Determination might result in the transmitter licence becoming void, thereby affecting the CTV licensee’s ability to continue broadcasting.
This Determination aims to provide flexibility for the Government to manage the transition from analogue to digital broadcasting for CTV services. By extending the validity of the transmitter licence to 31 December 2008, it allows time for the Government to consider reallocating the analogue channels used by CTV licensees for digital services and to ensure that CTV broadcasters can continue to operate until the switchover date is firmly established. This approach balances the need to phase out analogue broadcasting with the requirement to support community television services during the transition period.