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2004-2005-2006
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
BROADCASTING LEGISLATION AMENDMENT
(DIGITAL TELEVISION) BILL 2006
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator the Hon. Helen Coonan,
Minister for Communications, Information Technology and the Arts)
BROADCASTING LEGISLATION AMENDMENT
(DIGITAL TELEVISION) BILL 2006
OUTLINE
The main purpose of the Broadcasting Legislation Amendment (Digital Television)
Bill 2006 (the Bill) is to implement the Government's decision to reform several
aspects of the digital television and commercial television broadcasting regime.
A series of statutory reviews of aspects of the digital television regulatory framework
was conducted in 2004-05. These reviews examined issues including:
� the restrictions on multi-channelling and terrestrial subscription services;
� matters relating to the end of the moratorium on the issuing of new commercial
television licences, which concludes on 31 December 2006;
� the operation of legislation related to markets with only one or two commercial
television broadcasters; and
� high definition digital television (HDTV) requirements.
In commencing these reviews, the Government indicated that it intended to amend the
current legislative arrangements which give the Australian Communications and
Media Authority (the ACMA) the power to allocate new commercial television
licences, so that the power is vested in the Government of the day. This was
subsequently confirmed in an election commitment.
Following these reviews and in consideration of broader changes in the media sector,
the Government issued a discussion paper on a range of media policy reform options
in March 2006.
The Bill is intended to implement the Government's policies in response to the digital
television reviews, and to submissions to the discussion paper, and will make a
number of amendments designed to provide additional digital services to consumers
and help digital take-up. The Bill will amend the Broadcasting Services Act 1992
(BSA) and the Radiocommunications Act 1992 (RA) to:
� remove the current genre restrictions on multi-channelling by national
broadcasters to permit national broadcasters to provide a broader range of digital
services;
� remove, from 1 January 2007, the requirement that the high definition television
(HDTV) version of the digital television service must be a simulcast of their
standard definition television (SDTV) and/or analogue service (in effect allowing
one HDTV multi-channel);
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� allow, from 1 January 2009, commercial free-to-air (FTA) television broadcasters
to provide a single multi-channel in SDTV digital mode in addition to their SDTV
simulcast of the analogue service;
� remove the regulatory restrictions on the number of multi-channels that may be
provided by FTA commercial television broadcasting services at the end of the
simulcast period;
� remove the existing HDTV quota at the end of the simulcast period;
� ensure that events or parts of events on the anti-siphoning list cannot be shown on
a SDTV or HDTV multi-channel without first being shown, or being shown
simultaneously, on the main (or simulcast) service;
� ensure that the acquisition of rights to an event on the anti-siphoning list by a
commercial television service operating outside the broadcasting services bands
of spectrum (BSB) does not satisfy the requirements for a commercial or national
broadcaster acquiring the rights for the purposes of the anti-siphoning scheme;
� provide for a review of the anti-siphoning scheme prior to 31 December 2009;
� provide that minimal requirements will apply in relation to the regulation of
content on multi-channels (to maintain protections for viewers but not impose
overly onerous obligations in the initial operations of multi-channels), and for a
review of the regulation of multi-channels before the end of the simulcast period;
� modify the power to allocate new commercial television licences in the BSB such
that the ACMA cannot exercise this power unless a decision has been taken by the
Minister for Communications, Information Technology and the Arts (the
Minister) that such a licence should be allocated, with the Minister's decision
being informed by a review;
� provide a power to the Minister to veto an application made to the ACMA for a
new commercial television broadcasting licence outside the BSB (under section
40 of the BSA) on the basis that the allocation of the licence would be likely to be
contrary to the public interest; and
� provide that certain standard licence conditions and program standards for
commercial television broadcasting licences do not apply to commercial
television services operating outside the BSB, and that certain tailored conditions
and standards apply to these licences.
There are a range of other components to the Government's media reform package
including the allocation of two unassigned television channels for new digital services
and the introduction of a `use it or lose it' scheme in relation to anti-siphoning. The
`use it or lose it' scheme does not require legislation and the legislative amendments
related to the allocation of the unassigned channels will be progressed separately, but
as part of the overall media reform package.
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FINANCIAL IMPACT STATEMENT
The Bill will not have a significant financial impact.
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REGULATION IMPACT STATEMENT
PROBLEM AND ISSUE IDENTIFICATION
Background
The Television Broadcasting Services (Digital Conversion) Act 1998 and
Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000
amended the Broadcasting Services Act 1992 (BSA) to introduce a managed process
for the introduction of digital television services in Australia.
These settings were envisaged as transitional arrangements to provide industry with a
period of regulatory certainty in order to make the significant investments required in
digital infrastructure and to encourage consumers to switch over to digital and
minimise risks of disruption to the services that consumers are familiar with and
enjoy.
Regulatory requirements such as the simulcast requirement, the restriction on
multichannelling and the high definition television (HDTV) quota were intrinsic to
this approach. They ensure that during the transition from analogue to digital, viewers
of analogue and digital free-to-air (FTA) television have access to substantially the
same television programming.
However, since the transitional arrangements for digital broadcasting were
introduced, digital television infrastructure has been widely deployed, and the
subscription television sector has developed significantly and is now substantially
converted to digital. In addition, overseas developments indicate that a greater
number of channels has been a driver of digital take-up. This has particularly been the
case in the United Kingdom (UK) where there is now strong competition between
channel providers for access to the FTA digital terrestrial platform.
In light of these developments, there is a need to consider the appropriateness of
existing restrictions on multichannelling and the further introduction of
multichannelling as part of the transitional arrangements for complete digital
television broadcasting.
There is also a need to consider whether the requirements relating to the provision of
HDTV should be retained because the broadcasting spectrum that is available for
digital television limits the extent to which multichannel and HDTV services can be
provided simultaneously.
Multichannelling
Commercial television broadcasters
Commercial FTA broadcasters are not permitted to provide digital multichannels. The
prohibition on multichannelling was intended to provide the developing subscription
TV sector with some protection from a potential source of competition in its early
years. At the time the digital television regime was implemented in Australia, it was
considered that HDTV would be a key part of the future of digital television in
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Australia and that regulation of HDTV was important to provide certainty for
consumers and industry.
National Broadcasters
The national broadcasters (the Australian Broadcasting Corporation (ABC) and the
Special Broadcasting Service (SBS)) are permitted to provide multichannels, but are
subject to legislative restrictions which limit the genres of programming they are
permitted to broadcast. For example, national broadcasters are allowed to provide
educational, science, religious, health programs and children's programs on new
digital channels, but not programs such as national news broadcasts, drama, movies
and most sport broadcasts. Both the national broadcasters currently provide
multichannels subject to these restrictions.
Evidence from overseas markets suggests that public broadcasters can play a
significant role in driving digital television take-up by providing attractive new digital
content. For example, the BBC has played a significant role in the UK as a driving
force in the establishment of the Freeview platform and by adopting and
demonstrating the innovative programming enabled by digital television such as
interactive programming.
Regulation of content on multichannels
The consideration of new multichannels necessarily involves considering the
regulation of the services that could be provided on these channels.
The current simulcast rules, together with the restrictions on multichannelling, have
meant that the content-related rules applying to the analogue channel automatically
carry across to the digital channel. This includes requirements relating to the
classification of programs, protection of consumers, captioning requirements and
children's and Australian content requirements.
It is apposite to consider whether the content rules that apply to analogue channels are
appropriate for new multichannels, which are likely to initially service a smaller
audience. While the potential influence of multichannels may be small, some
regulation of content will still be necessary, particularly to protect consumers and
maintain the objectives of the anti-siphoning regime.
While digital take-up is still relatively low, the migration of events on the anti-
siphoning list to multichannels would be inconsistent with the objective of the anti-
siphoning scheme, which is to provide the widest access for viewers to listed events.
It would also have an adverse impact on the subscription television industry's
capacity to provide sports programming.
HDTV requirements
The further introduction of multichannelling also raises the issue of the HDTV quota
because the broadcasting spectrum that is available for digital television limits the
extent to which multichannel and HDTV services can be provided simultaneously.
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Commercial and national FTA broadcasters in non-remote areas must provide an
HDTV version and a standard definition television (SDTV) version of their analogue
television service and transmit at least 1040 hours of HDTV programming each year.
The HDTV programs must be a simulcast of the SDTV version. These requirements
were introduced as a means of ensuring that a minimum level of HDTV programming
would be available during the early years of digital television.
However, an indefinite need for HDTV quotas is not envisaged. Quotas were
envisaged as a transitional arrangement to provide market certainty. However, in the
longer term the market will decide whether HDTV is a dominant digital service, in
which case quotas will be unnecessary to ensure its provision, or a limited niche
service.
Consistent with the objective of progressing the implementation of multichannelling,
the requirement to provide an HDTV version of an SDTV service could be relaxed to
enable broadcasters to provide different programming on each service.
The content issues mentioned above are also relevant to any HDTV multichannel.
New commercial television licences
The current legislated moratorium on the allocation of new FTA commercial
television licences expires on 31 December 2006.
In its 2004 Election campaign1, the Government committed to legislating so that the
Government has a decision-making role in the allocation of these licences, rather than
the Australian Communications and Media Authority (ACMA). There is therefore a
need to ensure this change is implemented prior to the end of the moratorium.
New commercial television licences - section 40 licences
The moratorium on new commercial television licences includes new commercial
FTA television services delivered over platforms other than the broadcasting services
bands (BSB), such as broadband platforms. Licences for these services are currently
provided for under section 40 of the BSA. The end of the legislated moratorium on
new commercial television licences means that section 40 licences may be issued for
these services from 1 January 2007.
There is therefore a need to implement the Government's commitment regarding its
role in the allocation of commercial FTA licences in relation to section 40 licences to
ensure a consistent, technologically neutral approach to the allocation of licences for
services in the BSB, and to define in broad terms the circumstances in which the
Government may prevent the allocation of such licences.
1
Liberal Party of Australia, 21st Century Broadcasting, 2004
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LEGISLATIVE BACKGROUND
Multichannelling
The BSA limits the uses to which FTA television broadcasters can put the spectrum
allocated to them for digital transmissions.
Specifically, during the simulcast period commercial television broadcasters must not
broadcast a SDTV digital program for an area unless the program is simultaneously
broadcast in analogue mode in that area (paragraph 7(1)(m) of Schedule 2 to the
BSA). The effect of this is that broadcasters are not permitted to provide additional
digital channels (multichannels) over and above the digital version of their analogue
channel, or other non-simulcast programming.
National broadcasters can provide `multichannelled national television broadcasting
services', which are defined in clause 5A of Schedule 4 to the BSA and are restricted
to a specified range of programs such as educational programs, regional news and
current affairs, science and arts programs, children's programs and occasional dramas.
There are some exceptions to the above provisions (subclauses 6(8) and 19(7B) of
Schedule 4):
� minor differences in programming and differences in advertising on the SDTV
and analogue version are permitted where approved by ACMA.
� broadcasters are permitted to provide electronic program guides, which are not
part of analogue services.
� digital program enhancements are permitted if they are closely and directly linked
to the program.
� broadcasters can use multichannels to transmit a live event designated by ACMA
which has run over schedule and would otherwise clash with a scheduled news
program.
Commercial television broadcasting licensees and national broadcasters are not
permitted to use their digital spectrum for the provision of commercial radio,
subscription broadcasting or subscription or open narrowcasting services (paragraph
7(1)(p) of Schedule 2 and clause 36 of Schedule 4).
From 1 July 2003 or, if later, two years after digital broadcasts were required to
commence in their areas, broadcasters are required to transmit a quota of HDTV
programming which must also be a simulcast of their analogue/SDTV service.
Exemptions are allowed for demonstration programs and certain advertising material.
Broadcasters are permitted to provide licensed datacasting services, and the national
broadcasters are permitted to provide national radio broadcasting services, on their
digital spectrum.
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In some under-served markets - those with fewer than three commercial services -
broadcasters are permitted in certain circumstances to provide a third, digital-only
service, which may be multichannelled with an existing service.
The above regulatory requirements relate to non-remote broadcasting areas and this
review focused on requirements for non-remote areas. The arrangements for remote
area broadcasters are yet to be finalised.
HDTV requirements
Clause 37E of Schedule 4 of the BSA provides that regulations must determine
standards which require that an HDTV version of a non-remote commercial television
service must be the same as both the analogue and SDTV version of the service, and
require transmission of 1040 hours of HDTV programming per year. Clause 37F
provides identical provisions for national broadcasters in non-remote areas.
Under section 38A of the BSA, a commercial television broadcasting licensee in a
licence area in which they are the sole licensee, can apply to ACMA for an additional
licence. Where such a licence is issued, the licensee can elect that the parent and
additional licence be transmitted in digital mode using one 7Mhz channel (clause
6(5A), 6(5AA) and 6(5B) of Schedule 4 of the BSA). In such a case, the licensee is
not required to comply with HDTV obligations that may otherwise apply in that
licence area (clause 37E(4) of Schedule 4).
Under section 38B of the BSA, in regional areas where there are only two commercial
television broadcasting licences, the existing (parent) licensees can opt to provide an
additional service either individually or jointly. Where the third service is provided by
one parent licensee, that parent licensee can elect to provide the parent service and the
third service on one 7MHz channel, with exemption from HDTV obligations. In
regional licence areas, where the third service is provided jointly by both parent
licensees, separate 7MHz channels are allocated for each service and HDTV
obligations apply. In remote areas, this joint licence can be provided along with both
parent licences on a single multiplex with exemption from HDTV quota
arrangements.
Anti-siphoning list events
Section 115 of the BSA provides that the Minister may protect the free availability of
certain types of programs by specifying an event, or events of a kind, which should be
televised free to the general public in a notice in the Gazette. This notice is the anti-
siphoning list.
The aim of the anti-siphoning list is to prevent the events on the list from being
siphoned off by subscription television providers to the detriment of FTA viewers.
Accordingly, subscription television broadcasters are prohibited from acquiring the
rights to broadcast an event on the anti-siphoning list until those rights have been
acquired by a FTA broadcaster or the event is delisted.
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New commercial television licences
The BSA provides for a process by which new commercial television broadcasting
licences can be allocated. ACMA is charged with the responsibility of planning for,
and allocating, broadcasting licences. This process involves ACMA conducting its
statutory planning processes and designating a licence area (or areas) before
allocating a new commercial television broadcasting licence in the broadcasting
services bands of spectrum.
Section 28 of the BSA prohibits ACMA from allocating any new commercial
television broadcasting licences in any licence area before 31 December 2006.
Section 28A provides for exemptions for licences issued under provisions (sections
38A and 38B) designed to allow additional services to be provided by existing
licensees in underserved markets, which are markets with 1 or 2 licensees.
Subsection 40(1) of the BSA enables ACMA, following the end of the moratorium on
31 December 2006, to allocate a commercial television broadcasting licence that is
not a BSB licence, upon application in writing and subject to an application fee. In
contrast to licences allocated in the BSB, section 40 licences confer no rights of
carriage. Licence holders must make their own arrangements about obtaining a means
of delivering the service and must commence the service within 12 months of being
allocated the licence. ACMA is responsible for determining a licence area for such a
licence.
Content codes and standards
Program content
Section 123 of the BSA requires codes of practice to be developed by industry groups
representing commercial broadcasters in consultation with ACMA. The Commercial
Television Industry Code of Practice was registered by ACMA in 2004 and covers
program, commercials, and program promotion classification, advertising time on
television, accuracy, fairness and privacy in news and current affairs, disclosure of
commercial arrangements in factual programming, loudness of advertisements, and
complaints handling procedures.
The Commercial Television Code operates alongside ACMA standards which
regulate programs for children and the Australian content of programs and
advertisements. The ABC and SBS develop codes of practice under their own
legislation but must notify ACMA of these codes.
Children's content
Subsection 122(1) of the BSA requires ACMA to determine children's television
standards. Broadcasters must provide a minimum of 390 hours of C classified
material and P material in each year. A certain amount of this programming must be
broadcast in certain timeslots each day. Broadcasters must also provide a certain
amount of Australian children's drama programming under this standard, and such
programming must also meet the Australian content standard, which includes sub
quotas for children's content.
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Australian content
Subsection 122(1) of the BSA also requires ACMA to determine standards for the
provision of Australian content on commercial television broadcasting services. The
Australian Content Standard 2005 requires all commercial FTA television licensees to
broadcast an annual minimum transmission quota of 55 per cent Australian
programming between 6am and midnight. In addition there are specific minimum
annual sub-quotas for Australian (adult) drama, documentary and children's
programs.
The standard for Australian Content in Advertising requires at least 80 per cent of
advertising time broadcast each year by commercial FTA television licensees,
between the hours of 6 am and midnight, to be used for Australian produced
advertisements.
The Australian United States Free Trade Agreement (AUSFTA) places significant
restrictions on the application of Australian content rules to new services and
channels. In relation to multichannels, the AUSFTA states that the 55% Australian
content quota may be imposed on no more than two channels, or 20% of the total
number of channels (whichever is greater, including the main channel), made
available by an individual broadcaster. Sub-quotas may be applied within the 55%
quota in a manner consistent with existing standards.
There are also AUSFTA restrictions relating to Australian advertising quotas (they
can only be applied to three channels including the main channel per broadcaster).
Captions
The Broadcasting Services (Digital Television Standards) Regulations 2000 (the
Regulations) require that broadcasters caption all prime time and news and current
affairs programming. The Regulations are made pursuant to clause 38 of Schedule 4
of the BSA.
OBJECTIVES
Two key objectives have been identified to address the issues stated above.
The first objective is to facilitate the transition, over time, from a single analogue
television broadcasting service to arrangements for broadcasting in digital mode
where broadcasters have a flexible range of options in terms of providing new
channels and other services, while at the same time ensuring the continued provision
of high quality broadcasting services. This is consistent with the regulatory objective
set out in paragraph 3(1)(n) of the BSA, which provides that the BSA is intended to
ensure the maintenance and, where possible, the development of diversity, including
public, community and indigenous broadcasting, in the Australian broadcasting
system in the transition to digital broadcasting.
The second objective is to implement the Government's election commitment to take
a decision-making role in commercial television licensing.
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OPTIONS
Multichannelling
M1. No change:
- remove the current restrictions on full multichannelling by FTA commercial
television broadcasting services at the end of the simulcast period;
- remove the current restrictions on multichannelling by national broadcasters at
the end of the simulcast period.
M2. Total change:
- remove all restrictions on multichannelling immediately.
M3. Progressive change:
- remove the current restrictions on full multichannelling by FTA commercial
television broadcasting services at the end of the simulcast period;
- allow, from 1 January 2009, commercial FTA television broadcasters to
provide a single multichannel in SDTV digital mode;
- remove the current restrictions on multichannelling by national broadcasters.
HDTV requirements
H1. No change:
- maintain all HDTV requirements including after the end of the simulcast
period.
H2. Total change:
- remove all HDTV quota requirements immediately.
H3. Progressive change:
- remove, from 1 January 2007, the requirement that the HDTV version of the
digital television service must be a simulcast;
- remove the existing HDTV quota at the end of the simulcast period.
Anti-siphoning list events on multichannels
A1. No change:
- allow an event on the anti-siphoning list to be shown on potential new
multichannels without first being shown, or simultaneously shown, on the
simulcast service;
- allow the acquisition of rights to an event on the anti-siphoning list by a
commercial television service operating outside the BSB (s40 broadcasters) to
satisfy the requirements for a commercial or national broadcaster acquiring the
rights for the purposes of the anti-siphoning scheme
A2. Total change:
- remove the anti-siphoning regime immediately.
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A3. Progressive change:
- ensure that events on the anti-siphoning list cannot be shown on a SDTV or
HDTV multichannel without first being shown, or simultaneously shown, on
the simulcast service;
- ensure that the acquisition of rights to an event on the anti-siphoning list by a
commercial television service operating outside the BSB does not satisfy the
requirements for a commercial or national broadcaster acquiring the rights for
the purposes of the anti-siphoning scheme;
- provide for a review of the anti-siphoning scheme prior to 31 December 2009.
New commercial television licences
L1. Do not implement Government commitment:
- ACMA will be able, from 31 December 2006, to allocate commercial
television broadcasting licences for services provided via the BSB, having
completed its statutory planning processes and designated licence areas;
- ACMA will be able, from 31 December 2006, to allocate commercial
television broadcasting licences for services that are not provided via the BSB
upon receiving a written application and an application fee.
L2. Implement Government commitment:
- modify the power to allocate new commercial television licences in the BSB
such that the ACMA cannot exercise this power unless a decision has been
taken by the Minister that such a licence should be allocated;
- provide a power to the Minister to veto an application made to ACMA for a
new commercial television broadcasting licence allocated under section 40 of
the BSA for services provided outside of the BSB on the basis that the
allocation of the licence would be contrary to the public interest.
Content conditions and standards
C1. No change:
- the codes and standards regulating content on analogue FTA television
services will apply to new multichannels and services provided under section
40 licences.
C2. Total change:
- provide that the codes and standards regulating content on analogue FTA
television services will not apply to new multichannels and services provided
under section 40 licences.
C3. Moderate change:
- provide that certain standard licence conditions and program standards for
commercial television broadcasting licences do not apply to commercial
television services operating outside the BSB, and that certain tailored
conditions and standards apply to these licences.
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Impact analysis
Multichannelling
M1 M2 M3
Stakeholders
FTA Broadcasters No ability to Ability to provide Ability to gradually
provide new new services. introduce new
services until full There are differing services, moving
switchover to views amongst ultimately to full
digital. industry players on multichannelling,
Broadcasters the impact of this but in a way which
limited to simulcast on their viability. minimises the
of analogue impact.
services.
National Continue to have Ability to provide Ability to provide
broadcasters ability to provide increased range of increased range of
limited services. services.
multichannels, but
restrictions on
programs will
remain.
Fewer
opportunities to
provide new
innovative
programs.
Subscription No change to Potential for Ability to gradually
television operators current impacts. greater competition adjust to
for content and competition over
viewers from FTA time.
services.
Consumers No new content Depending on FTA Gradual
until switchover. reaction, significant introduction of new
Fewer incentives to new content. content, subject to
convert to digital. Greater incentive to decisions by FTA
purchase digital broadcasters to
receivers. provide
multichannels.
Suppliers Little incentive for Depending on FTA Gradual increase in
new content or reaction, greater opportunities to
equipment supply. opportunity for supply, depending
supply of content on FTA reaction.
and equipment.
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Advertisers No change to Depending on FTA Gradual increase in
current impacts. reaction, increased opportunities to
Current trends of opportunities for supply advertising.
growth in other advertisers due to
markets eg Internet more services,
relative to possible reduced
television could cost due to greater
continue. availability of
advertising slots.
Options M1 - Retaining the current restrictions on full multichannelling by
commercial FTA television broadcasters and the genre restrictions on multichannels
provided by national broadcasters until the end of the simulcast period would not
enable them to provide any new content for several years. At the end of the simulcast
period, commercial broadcasters could use their commercial broadcasting licences
and radiocommunications transmitter licences to provide the same range of service
types as national broadcasters. Consumers would not benefit from significant new
content. The relative paucity of slots for advertising would retain prices for
advertising space at current levels, with no opportunity for advertisers to benefit from
increased capacity for advertising.
Option M2 - This option will allow broadcasters to immediately supply new
multichannels if they considered it commercially viable. The impact on various
groups would depend on what each broadcaster did in response to the relaxation of
the rules. It would also depend on what other restrictions applied at the time eg. if
HDTV quota obligations remained, broadcasters' ability to multichannel would be
constrained and influenced by their choices about how they used their 7MHz of
spectrum. There is contention about whether this would lead to reduced quality of
service, by impacting on the ability of broadcasters to fund the purchase of quality
programming for all channels.
Options M3 - Allowing, from 1 January 2009, commercial FTA television
broadcasters to provide a single multichannel in SDTV digital mode, in addition to
the SDTV simulcast of the analogue service, will add to the diversity of services in
digital format, thereby adding to the attractiveness of digital television and
contributing to digital take-up. This coupled with immediate removal of restrictions
on national broadcasters' multichannelling would increase content for consumers and
allow a gradual adjustment by industry to the new environment.
Economic impact of multichannelling
In 2004 the Department of Communications, Information Technology and the Arts
commissioned a study into the economic impacts of multichannelling. The full study
can be found at www.dcita.gov.au > broadcasting > policy reviews > digital
broadcasting policy reviews > review of restrictions on multichannelling and other
services . Broadly, the study concluded that if broadcasters were to be free to choose
to offer multichannels and/or subscription and radio services:
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� Average revenue per channel would be reduced but this will not necessarily
reduce industry profitability and the industry would be likely to take steps to
manage any profit risks.
� Even if industry profitability is reduced it is unlikely that the industry's viability
will be threatened.
� Claims about reduced quality in a multichannel environment are largely
unfounded.
� Subscription broadcasters would face increased competition for program content
and subscribers, more so if terrestrial broadcasters were allowed to offer
subscription multichannels. This competition would be reduced by other elements
of the regulatory regime.
� Commercial radio broadcasters may face increased competition for some
advertisers and some listeners.
On the relationship between multichannelling and the uptake of digital television the
report concluded that:
� The uptake of digital television is shaped by a range of influences.
� Digital uptake has been modest but is in line with most other new technologies.
� Earlier forecasts for digital television uptake were overly optimistic.
� Multichannelling would be likely to stimulate demand for digital television but
alone will not be a sufficient incentive for many households.
� The nature and quality of any free multichannelling content would be a critical
factor in consumer demand for digital television. This would be separately
determined by each broadcaster in response to consumer preferences.
� Overseas experience suggests that subscription channels can stimulate digital
uptake, particularly where it stimulates inter-platform competition.
� Other approaches such as a clear commitment to switching off analogue
broadcasting may have a significant influence on the uptake of digital television.
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HDTV requirements
H1 H2 H3
Stakeholders
FTA Broadcasters Limited capacity Increased Ability to gradually
for new services. flexibility to introduce new
Would require choose whether to services.
continuing HDTV supply HDTV -
after simulcast and impact would
therefore limit depend on whether
ability to choose to multichannelling is
multichannel. permitted.
Subscription No change to Little direct impact Ability to gradually
television operators current impacts. unless combined adjust to
Subscription with allowing full competition from
television operators multichannelling HDTV
likely at some stage (which would have multichannel.
to provide HDTV potential for Restricting
channels. significant multichannel to
competition for HDTV will
content and minimise initial
viewers, depending impact on
on broadcaster subscription
choices). television (as
HDTV audience
relatively small).
Consumers No new content Depending on FTA Gradual
until switchover. reaction, could introduction of new
But certainty about leave HDTV HDTV content.
availability of receiver owners May also have a
HDTV until without HDTV greater incentive to
switchover. content. purchase HDTV
receivers.
Suppliers Little incentive for Depending on FTA Gradual increase in
new content or reaction, greater opportunities to
equipment supply, opportunity for supply
but certainty about supply of content
HDTV. and equipment.
Uncertainty about
whether to import
HDTV programs
and equipment.
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Advertisers No change to No significant Gradual increase in
current impacts. change to current opportunities to
Current trends of impacts. supply advertising.
growth in other
markets eg Internet
relative to
television could
continue.
Option H1 - This option would retain the HDTV obligations to simulcast the SDTV
service until the end of simulcast, and retain the obligation to supply a certain amount
of HDTV thereafter. This would have the effect of limiting any choice by
broadcasters about introducing multichannelling after the end of the simulcast period
because with only 7 MHz of spectrum there is insufficient capacity for HDTV and a
significant number of multichannels.
Option H2 - This option would immediately remove the obligation to supply HDTV
and may mean that some or all broadcasters cease to supply HDTV, leaving the
increasing number of consumers purchasing HDTV equipment without the benefits of
HDTV.
Option H3 - The removal of the HDTV quota from switchover will ensure that prior
to switchover, industry and consumers continue to have certainty about the
availability of HDTV. However, it will also ensure that after switchover, broadcasters
will have greater choice in the types of services they can provide, particularly
combined with the end of restrictions on multichannelling following switchover.
Removing, from 1 January 2007, the requirement that the HDTV version of the digital
television service must be a simulcast of the SDTV service will effectively enable
commercial broadcasters to provide a single HDTV multichannel, with opportunities
for new and different content of benefit to viewers with HDTV receivers.
Anti-siphoning list events on multichannels
The analysis below assumes some multichannelling is allowed.
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A1 A2 A3
Stakeholders
FTA Broadcasters Could allow Would create Would retain the
broadcasters to greater competition current balance of
provide sports on for sporting rights the anti-siphoning
the anti-siphoning and reduce arrangements,
list on new attractiveness of pending review.
channels, as well as broadcasters'
analogue simulcast. services.
May increase the
attractiveness of
digital generally
and services of the
broadcasters
concerned.
Subscription Would Would Would retain the
television operators significantly reduce significantly current balance of
subscription enhance the anti-siphoning
television's ability subscription arrangements,
to negotiate for television's ability pending review.
sports rights. to negotiate for .
premium sports
rights.
Consumers Could reduce Could reduce Would retain
access to sporting access to sporting current situation
events to majority events to majority pending review.
of viewers (until of viewers (not
digital take-up subscribing to
increased). subscription
television services).
Suppliers May increase May decrease Would retain
sporting program demand for some current situation
demand and reduce programs and pending review.
other program increase demand
demands. for others.
Depending on
broadcaster options
adopted, could
drive take up of
digital.
.
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Advertisers Increased May reduce Would retain
opportunities if demand if current situation
popular sports significant shift of pending review.
events shifted to sporting events to
multichannels. subscription
television.
Option A1 would allow FTA broadcasters to show a greater range of sports content
on their multichannels if they had the rights to this content and strengthen their
position in rights negotiations. For example, a broadcaster could use secondary
channels to provide multiple events of the same tournament. Broadcasters could use
sport as an attractor for viewers to multichannels and away from competitors'
services. On the other hand, allowing subscription television providers to acquire
rights where only section 40 broadcasters had acquired the rights would not ensure a
wide audience had access to this content. Section 40 broadcasters are unlikely to have
a wide audience, at least initially, as new types of equipment are likely to be needed
to receive their services.
Option A2 would enhance the access to sports programs of subscription television
operators, but would not guarantee access to important content to a wide audience
through FTA broadcasters operating in the BSB.
Option A3 would prevent the screening of any part (or parts) of an event on the anti-
siphoning list on the multichannel services provided by commercial or national
broadcasters unless that part (or parts) of the event has previously been shown or is
simultaneously shown on the simulcast service. This would retain the status quo,
pending a review of the scheme in 2009. It would mean that broadcasters may not be
able to take advantage of rights they hold or negotiate to increase sports coverage, and
it would also not provide a competitive advantage to FTA broadcasters over
subscription television operators in relation to acquisition of sports content.
Option A3 would also ensure that the acquisition of rights to an event on the anti-
siphoning list by a commercial television broadcaster licensed to operate outside the
BSB under section 40 of the BSA cannot satisfy the requirement that before a
subscription television licensee can acquire broadcast rights to the event, a national or
commercial FTA broadcaster must have acquired the rights. This will continue to
ensure that sporting events on the anti-siphoning list are available to the widest
audience.
New commercial television licences
L1 L2
Stakeholders
FTA Broadcasters Potential new competitors Longer term potential for
affecting viability/profits. new entrants in BSB and
earlier introduction of
services outside the BSB.
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Subscription May allow subscription May allow subscription
television operators television operators to television operators to
provide commercial provide commercial services,
services through section but only outside the BSB,
40 licences. provided not assessed as not
being in the pubic interest.
Consumers Potential new content, but Potential new content under
may impact negatively on section 40 licences but may
quality of programs require purchase of different
provided by existing receivers.
players due to revenue No new commercial
impact. networks using broadcasting
spectrum unless the
Government chooses to
allocate licences
Suppliers Potential new market for Potential new market for
content. content.
Potential growth in take up New services outside
of receivers. broadcasting spectrum would
provide new opportunities
for infrastructure providers
(eg satellite operators or
telecommunications
companies).
Advertisers Potential new market for Potential new smaller market
advertisers, with for advertisers through
significantly increased section 40 licences.
advertising slots. May
impact on existing
broadcasters by pushing
down prices paid by
advertisers.
Option L1 would not implement the Government's election commitment. It would
enable ACMA to allocate new commercial television broadcasting licences within the
BSB if they considered the legislative criteria were fulfilled and they had undertaken
their statutory process to vary licence area plans. ACMA could issues commercial
television broadcasting licences for operations outside the BSB over the counter from
2007, and the Government would have no say in their allocation. Consumers and
advertisers would benefit from new services. Existing players would suffer
significant disruption from a major new source of competition for programs, viewers
and advertising revenue.
Option L2 would fulfil the Government's election commitment to amend the current
legislative arrangements so that the power to allocate new commercial television
licences is vested in the Government of the day.
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Option L2 could provide the Government with a direct role in addressing the policy
questions associated with the allocation of a commercial television licence, while
ACMA would undertake the technical investigations and planning exercises as well
as allocating the licence subject to finalisation of the review report by the Minister.
Option L2 would also provide a power to the Minister to veto an application made to
ACMA for a section 40 licence for new commercial television broadcasting services
provided outside the BSB on the basis that the allocation of the licence would be
contrary to the public interest. This would retain the simplified allocation process for
section 40 licences, with an application for a non-BSB commercial television
broadcasting licence initially made to ACMA. However, if ACMA proposes to
allocate a licence in accordance with the application, ACMA would be required to
refer the application to the Minister. The Minister would then have the opportunity to
consider the impact of the proposed service in terms of the public interest.
Compared to Option L1, Option L2 would provide fewer new services for consumers,
who would also have to purchase new equipment to receive the services. For
example, a new commercial broadcasting service delivered via satellite and licensed
under section 40 would require a viewer to purchase appropriate satellite reception
equipment.
Content codes and standards
These options assume immediate or gradual introduction of multichannels, and
provision of new section 40 services.
C1 C2 C3
Stakeholders
FTA Broadcasters Would increase Broadcasters would Would provide
content only implement certainty about
requirements and factors such as regulation of
costs of providing adult content or multichannels.
multichannels. Australian content Would have some
rules if they costs, depending on
considered it the nature of the
commercially content
desirable. requirements
imposed.
.
Section 40 Would impose Would enable Would restrict
broadcasters significant costs on greater freedom in freedom to some
broadcasters with a content provision. degree and impose
small audience and Broadcasters would gradual
some regulation only implement requirements.
would be rules if
inappropriate (eg. commercially
digital conversion sensible.
requirements).
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Consumers Would increase Reduced access to Maintained access
access to local and other to content on main
Australian and regulated content. channels, retain
children's content, Broadcasting protections for
and retain content standards consumers.
protections against would be set by
undesirable matter. broadcasters
themselves.
Suppliers Increase market for Reduced market for Maintained market
Australian content. Australian content. for Australian
. content.
Option C1 requires commercial television broadcasters within the BSB to not only
comply with standards aimed at protecting viewers but also provide the full level of
Australian and children's content quota on each of their multichannels. Option C1
would also require commercial broadcasters operating outside the BSB, with initially
very low audiences, to comply with standards aimed at protecting viewers and with
the full immediate application of content quotas and to comply with some irrelevant
obligations, such as those relating to digital conversion and simulcasting. Imposing
the maximum possible obligations now may make new multichannels so uneconomic
that broadcasters may not provide them. This would be of no benefit to either viewers
or the Australian content industry. Given this uncertainty, it is desirable at present to
impose minimal requirements on new channels so as to increase the likelihood that
these channels will be established.
Option C2 would totally remove not only content obligations but viewer protection
requirements from multichannels and from new section 40 broadcasting services.
Leaving multichannels free of Australian content obligations could mean that new
channels may not contain any Australian content. In addition, there would be no
specific rules applying to new channels relating to, for example, provision of adult
content.
Option C3 would see viewer protections maintained on all commercial broadcasting
channels, but reduced or delayed content obligations on multichannels and on new
commercial television broadcasting licensees.
CONSULTATION
Statutory reviews
A number of provisions in the BSA require the Minister to cause to be conducted a
series of reviews by 1 January 2005, 1 July 2005 and 1 January 2006. These reviews
were grouped into thematic reviews and conducted during 2004 and 2005 by the
Department of Communications, Information Technology and the Arts (the
Department). An issues paper seeking public comment was released for each
thematic review. The issues dealt with in these reviews are summarised in the table
below.
Reports of these reviews were tabled in the Parliament in March 2006.
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Table 1 - Thematic reviews of digital broadcasting policy and legislation
Review Issues dealt with
� Restrictions on programming provided by FTA broadcasters,
1
including multichannelling;
� Whether the prohibition on FTA broadcasters offering other types
of services, such as pay TV channels, should be modified.
� The end of the moratorium on the allocation of new commercial TV
2
broadcasting licences on 31 December 2006;
� The Government's intention to give the government of the day
responsibility for making decisions about allocating these licences;
� Arrangements for the use of DTLs after 2007.
� The efficient allocation of spectrum for digital TV
3
� Under-served markets (1-2 commercial TV broadcasters)
4
� High definition digital TV requirements
5
� Duration of the digital simulcast period
6
House of Representatives Committee Inquiry
In addition, some of these issues were commented on in the context of the House Of
Representatives Standing Committee on Communications Information Technology
and the Arts' (the House of Representatives Committee) inquiry into the uptake of
digital television in Australia, reported on in February 2006.
Media reform discussion paper
In March 2006, the Government released a discussion paper proposing a framework
to address issues raised in these reviews, and setting out proposals for reforms in
areas such as media ownership (Meeting the Digital Challenge: Reforming
Australia's media in the digital age). Over 200 submissions to the consultation
process related to this discussion paper were received. A summary of the views
expressed in the 200 submissions is provided in below.
Summary of stakeholder views
The following views were expressed in the context of the reviews which lead to the
development of the media reform package. Details of views in the submissions can
be found on the Department's website, www.dcita.gov.au.
Multichannelling
There was some support for allowing the HDTV programming stream to be different
to the analogue/SDTV simulcast in order to allow HDTV to develop into a niche
market. However, some respondents argued that this would constitute another form of
multichannelling and should be considered in that context.
There was no clear consensus amongst respondents on whether FTA multichannelling
should be allowed.
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Arguments in favour of multichannelling fell into three categories:
� Multichannelling will increase digital uptake, as the digital-only content available
on the multichannels will act as an extra incentive for viewers to convert. There is
evidence of strong consumer interest in additional content as a factor in taking up
digital television.
� Multichannelling will increase competition between FTA broadcasters for
programming and viewers. This will enhance viewer options and increase the
diversity of programming as broadcasters are able to provide more niche
programming and services targeted at particular interest groups. Multichannelling
will also provide networks with greater scheduling flexibility and will provide
opportunities to attract new advertising streams targeted at niche audiences. It will
also help broadcasters counter the fragmentation of audiences and the advertising
market which is already occurring, being driven by other consumer markets such
as subscription television, DVDs and the Internet.
� Multichannelling will increase competition between the FTA broadcasters and
other media sectors including subscription television, DVDs and the Internet for
programming and viewers. This will further help foster innovation in digital
broadcasting and the development of digital content.
Some support for multichannelling was conditional, for example, upon full
application of the Australian and children's content obligations, or captioning
requirements.
Arguments against multichannelling fell into two categories:
� Allowing multichannelling is too risky. Its benefits are unclear and indeterminate.
Multichannels will not attract mass audiences and so will generate little additional
revenue while at the same time requiring networks to produce and acquire a
greater volume of programming. Cost pressures will force broadcasters to air
cheap content such as repeats and `B-grade' shows, thus also threatening the
quality and diversity of programming. Furthermore, multichannelling will
exacerbate audience fragmentation across a greater number of channels and may
dilute the emphasis on HDTV in the digital television regulatory regime.
� There is the potential for FTA multichannelling to adversely affect subscription
television and other communications sectors, such as broadband services,
particularly if counter-balancing changes are not made to the regulatory regime,
and given the recent investment in digitisation by the subscription television
sector. The FTA sector is well established and very profitable and is protected
from increased competition by regulatory measures such as the moratorium on
new commercial television licences and the anti-siphoning scheme. In contrast,
subscription television penetration remains relatively low and the sector claims
that it has only recently become profitable. There is also no limit, other than
market forces, on the number of competitors in the subscription television
industry.
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While there was some general opposition from a number of parties to FTA
multichannelling, very few concerns were raised specifically about national
broadcaster multichannelling. In addition to the general support given to
multichannelling by all FTA broadcasters, there was some specific support for
relaxing the genre restrictions on national broadcasters.
Several respondents made comments about the importance of adequate funding for
the ABC and SBS, as well as the important role national broadcasters have in
technological and content innovation.
The national broadcasters argued that at least some relaxation of the genre rules
would be beneficial enhancing their ability to provide additional content of interest to
their audience in a cost-effective manner.
The House of Representatives Committee recommended that program restrictions on
multichannelling for national FTA networks be removed as soon as possible but no
later than 1 January 2007. The Committee also recommended removal of all
restrictions on multichannelling for commercial FTA networks from 1 January 2008.
HDTV quotas
There was no clear consensus amongst submitters on whether HDTV quotas should
be retained.
A number of respondents supported maintaining the quota, although views differed on
the place of HDTV in the broadcasting environment, with some seeing it as a key
driver of digital and others seeing it as a niche service.
Supporters of maintaining the quota argued:
� The quota is necessary to ensure that HDTV continues to be available to those
who have already invested in the technology (including consumers, producers,
broadcasters and equipment suppliers). The quota ensures that viewers who
choose to buy HDTV equipment have high amounts of HDTV programming
available to them. Without the quota, some FTA broadcasters may not provide
HDTV programming.
� Interest in HDTV and availability of HDTV content is increasing, but in the
absence of certainty about future developments, the quota should continue.
� Provision of HDTV is an important obligation that is a quid pro quo for use of
valuable spectrum.
� The existing quota is not onerous, representing only around 12 per cent of total
annual broadcast time, which provides broadcasters with plenty of scope for
scheduling HDTV programs.
� HDTV has a role in promoting the uptake of digital television, but HDTV is not
yet a mature market. Lifting the quota could cause the uptake of digital television
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receivers to slow down, and may result in the full potential of digital
television not being reached.
� Some respondents considered that the quota would not be needed in the long-term
and it was suggested that the quota could be phased out in about 3-5 years or,
perhaps, once the analogue network is closed.
Arguments against retaining the HDTV quota included:
� Broadcasters should be allowed to use the spectrum as they see fit, for instance,
to multichannel, and decisions about HD should be made on the basis of
commercial realities, not regulation.
� The quota distorts the market. The effectiveness, efficiency and cost-benefits of
the quota are not clear. Without the quota, some broadcasters would reduce their
HD whereas others would maintain or increase the amount of high definition
programming.
� The HDTV quota acts as a barrier to community television getting access to
digital spectrum because HDTV consumes bandwidth that could otherwise be
used for multichannelling.
� It is not clear that HDTV has been or will be a driver of digital uptake.
� SDTV quality is sufficient for home purposes - television does not need to be
cinema quality.
The House of Representatives Committee recommended that the current minimum
HDTV quotas for FTA networks be retained until 1 January 2011, but that a review
be held before that time to determine if HDTV quotas should be removed, increased
or decreased.
Application of the anti-siphoning regime
Some respondents favoured allowing anti-siphoning list sports content on
multichannels. This would allow Australians greater access to sport free of charge.
However, some of these submitters also considered that this extra capacity should
give rise to `use it or lose it' provisions to prevent hoarding of rights.
Respondents in favour of applying content obligations to multichannels argued that it
is important to maintain the integrity of the anti-siphoning scheme. Therefore anti-
siphoning list content should only be shown on the main simulcast channel and
should have anti-hoarding provisions.
New commercial television licences - Government decision making
A range of stakeholders and interested parties provided comment on this aspect of the
review, however, the comments generally did not extend to a desired means of giving
effect to the proposed changes. Rather, most respondents expressed their views in
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terms of support for or concerns about transferring the licence allocation
decision making powers to the government.
Respondents put forward a range of reasons in support of the Government's proposal.
Some submitters suggested that the government should adopt a process other than
price based allocation so that the service provided by any new entrant embodies the
values desired (such as quality, diversity, innovation), including with special
consideration given to levels of Australian programming and content sourced from
independent production companies. Another suggestion was that the legislation
should limit the number of commercial television broadcasting licences in each area
to three, so that changes would not be made unless the Parliament was convinced that
the potential costs were outweighed by the benefits of a new licence.
Of the respondents who expressed concerns about transferring the decision making
powers to the government of the day, some considered that the government role
should be one of setting the parameters and goals of regulation, rather than becoming
involved in regulatory process or determining outcomes which should be left to
market forces. Respondents noted the importance of retaining transparent
administrative or judicial processes in administration of licences.
A number of submitters considered that ACMA has the technical and planning
expertise to make decisions in relation to the allocation of new licences and that its
independence was a key component of the licence allocation process. Some
considered that if the government was to have a decision making role, ACMA or
some other independent body should have a key role in providing input to the
government. Some comment was made that there would need to be clear demarcation
and complementarity between the Minister's role and the role of ACMA to avoid
duplication of investigative and consultative processes, and that planning processes
may need to be revised to accommodate a government decision making role. It was
also noted that it may be possible to use existing processes under the BSA if ACMA
was to have an advisory role.
Section 40 licences
Few respondents addressed the issue of section 40 commercial television services.
One respondent suggested that the current licensing arrangements for section 40
services should continue as they are effective in allowing for delivery of television
through alternative means.
Australian content obligations
Some respondents argued that multichannels should only be subject to content
restrictions which protect consumers, such as those relating to adult and illegal
material. This would increase the ability of broadcasters to provide channels which
appeal to consumers and will improve the viability of multichannels, which may be
too marginal a proposition to succeed were Australian content or other obligations
imposed, due to the higher cost of Australian content, in particular. These respondents
contend that requiring 55 per cent Australian content, or even imposing any
Australian content obligation, may make any multichannel financially unviable in the
short to medium term.
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Respondents in favour of applying content obligations to multichannelling made the
following arguments:
� local content should be required on all channels as they will not `resonate' with
Australian audiences unless this happens;
� the government needs to set the ground rules for digital broadcasting; and
� it is appropriate to impose content obligations when valuable spectrum has been
granted to broadcasters for free.
Captioning requirements
Some submitters called for captioning on all multichannels, including incorporating
Human Rights and Equal Opportunity Commission-arbitrated arrangements, arguing
that alleged practical problems of meeting this requirement were not significant.
Others suggested captioning requirements be phased in or delayed on multichannels
until overall digital uptake reached 25 per cent due to the large cost and small benefit
of providing this service given the expected small audience of these channels.
Program standards
In the context of the possible allocation of an additional commercial television
broadcasting licence, there was general support for applying the conditions currently
faced by incumbents relating to content standards to any new entrant. Of particular
concern to a number of the respondents was that the Australian Content Standard
should be equitably applied to both existing broadcasters and new entrants.
One respondent suggested that the current content standards could be adjusted in
relation to multichannelling but that consumer protection measures, anti-siphoning
arrangements and prohibitions on subscription services should apply equally to new
players as they do to incumbents. In relation to captioning, some respondents argued
that there are no technical or logistical reasons that captioning requirements could not
be met by a new entrant from the commencement of the service.
Respondents acknowledged the limited audience and therefore advertising revenue
that would be available to a new digital only television service at start-up. It was
suggested that some content standards such as the HDTV quota, Australian and
children's content requirements could be relaxed to account for this inequity, but
should be based on an assessment of the cost of complying with the full conditions.
All respondents who addressed this issue agreed that ultimately the same conditions
should apply to all commercial television broadcasters.
CONCLUSION AND RECOMMENDED OPTION
Multichannelling
There are differing views amongst stakeholders on the likely impact of
multichannelling by commercial broadcasters and the ways in which it should be
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implemented. Concerns have been raised by some broadcasters about the
commercial impact on both commercial FTA and subscription television broadcasters
if the prohibition on multichannelling were to be removed now. In addition, some in
the industry have raised concerns about the technical capacity of broadcasters to
provide both multichannels and the highest quality HDTV (1080i) on their available
spectrum using existing MPEG-2 compression standards.
In recognition of the need for a balanced approach to reform and to ensure industry
stability, it is proposed to gradually implement changes to the current arrangements
for multichannelling by commercial broadcasters until analogue switchover, at which
time it is proposed to allow full multichannelling. (Option M3)
This approach recognises that while multichannelling restrictions have provided a
period of stability during the transition period to digital, analogue switchover provides
a natural end point for these restrictions - a position which is already reflected in
legislation. In the interim, from 1 January 2007 it is proposed to remove the
requirement that the HDTV version of a broadcaster's digital service be a simulcast of
its SDTV service. This would in effect permit an HDTV multichannel. It is also
proposed to allow an SDTV multichannel from 2009.
Evidence from overseas markets such as the UK suggests that public broadcasters can
play a significant role in driving digital television take-up by providing attractive new
digital content.2 It is appropriate for the national broadcasters to be innovators with
the use of new technologies. An expanded ability to provide multichannelling has the
potential to provide the ABC and SBS with substantial new opportunities to
experiment with digital program production and new digital services such as
interactivity. It would also be consistent with their public service role, for example,
by enabling them to make further use of their valuable archival material.
Anti-siphoning
The anti-siphoning rules were introduced to ensure that important sporting events
which have traditionally been available on FTA television would continue to be
available to FTA broadcasters, despite the introduction of subscription television.
The Government considers that this rationale remains, and Australian FTA
broadcasters continue to provide high quality coverage of a large variety of sports
valued by Australian audiences.
Nevertheless, there is scope for further scrutiny of the anti-siphoning list and the
number of events on it. The Government proposes to introduce a `use it or lose it'
scheme to encourage broadcasters to ensure viewers benefit for their acquisition of
this content. The Government also proposes a review of the scheme in 2009.
2
For example, the BBC has played a significant role in the UK as a driving force in the establishment
of the Freeview platform and by adopting and demonstrating the innovative programming enabled by
digital television such as interactive programming. Whilst there are differences between the UK and
Australia, including the significant source of funding for the BBC provided through licence fees, there
are lessons for Australia from the UK's apparent success in implementing digital television with strong
leadership from the public broadcaster.
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0
Pending this review it is appropriate to ensure the spirit of the scheme is
complied with. Therefore, Option A3 is favoured.
Under this option, the acquisition of rights to an event on the anti-siphoning list by a
commercial FTA broadcaster operating outside the BSB would not satisfy the
requirement that before a subscription TV licensee could acquire rights, a national or
commercial FTA broadcaster must have acquired the rights or the event has been
delisted. In addition, it is proposed that FTA broadcasters would be prohibited from
broadcasting sports events on the anti-siphoning list on any digital multichannels
unless the content has already been shown (or is shown simultaneously) on their main
channel3. While digital take-up is still relatively low, the migration of events on the
anti-siphoning list to multichannels would be inconsistent with the objective of the
anti-siphoning scheme, which is to provide the widest access for viewers to listed
events.
New commercial television licences - section 40 licences
Option L2, which implements the Government's election commitment is proposed, as
it is considered that the decision on whether a new commercial television
broadcasting licence should be allocated is an important one which should be made
by Government.
Content codes and standards
Services operating under section 40 licences will have lesser influence (initially at
least) than other commercial television services as they will operate on a separate
platform, are likely to attract a small audience and will not be readily receivable by
standard televisions. As such, it is in keeping with the policy objectives of the BSA
that these services should be regulated to a less onerous extent.
Section 40 licences should, however be subject to conditions relating to program
classification and conditions about broadcasting certain types of material which apply
to all types of broadcasters.
Children's and Australian content standards are initially likely to impose significant
cost burdens on new broadcasters. However, it is desirable that in the longer term all
commercial broadcasters meet the same level of Australian and children's content
obligations. Compliance with captioning standards will also apply over time.
Multichannels will also initially reach a much smaller audience than the main
analogue/SDTV channel. Therefore it is appropriate that a lighter regulatory burden
be placed on multichannels. Standards common to all broadcasters should be applied,
but it is proposed not to require multichannels to provide a specified amount of
Australian or children's' content pending a review of regulation of the regulatory
obligations to be placed on multichannels in the future. It is likely that broadcasters
may choose to provide children's and Australian content on these channels as it is
3
In this context, the main channel is the digital channel which is the simulcast of the analogue channel.
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attractive to audiences and, children's content in particular has provide popular
for multichannels overseas.
IMPLEMENTATION
The proposed arrangements will be implemented by changes to the BSA and related
legislation and legislative instruments.
Later in 2006, the Government will also release a Digital Action Plan to expedite
conversion to full digital television and achieve switchover. The Plan would be
released in 2006 and aim for a switchover period commencing in 2010-2012.
Reviews are also planned before analogue switchover in relation to the anti-siphoning
scheme, the regulation of multichannels, and whether new commercial television
broadcasting licences should be allocated.
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NOTES ON CLAUSES
Clause 1 - Short title
Clause 1 provides for the citation of the Broadcasting Legislation Amendment
(Digital Television) Act 2006 (the Act).
Clause 2 - Commencement
Clause 2 provides that the amendments made in Schedule 1 to the Bill commence on
the day after the day on which the Act receives the Royal Assent. Schedule 2 is to
commence on 1 January 2007, and Schedule 3 is to commence on 1 January 2009.
The remainder of the Bill is to commence on the day of Royal Assent.
Clause 3 - Schedule(s)
By virtue of this clause, provisions of the Broadcasting Services Act 1992 (BSA) and
the Radiocommunications Act 1992 (RA) are amended as set out in the Schedules to
the Bill.
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SCHEDULE 1 - AMENDMENTS COMMENCING ON THE DAY
AFTER ROYAL ASSENT
Schedule 1 makes a series of amendments to the BSA and the RA in order to permit
national broadcasters to freely multi-channel their national television broadcasting
services. The current genre restrictions on multi-channelled national television
broadcasting services are to be repealed.
National broadcasters are currently permitted to provide multi-channels, subject to
genre rules which are defined in clause 5A of Schedule 4 to the BSA. They are
restricted to a specified range of programs such as educational programs, regional
news and current affairs, science and arts programs, children's programs and
occasional dramas. Both the Australian Broadcasting Corporation (ABC) and the
Special Broadcasting Service (SBS) are currently providing multi-channels.
The Bill will remove these current genre restrictions to allow national broadcasters to
provide a full range of broadcasting services on their multi-channels.
The only limitation on multi-channelling by the ABC and SBS would be that events
on the anti-siphoning list could not be premiered on multi-channels.
Schedule 1 also amends the licence condition for subscription television broadcasters
to ensure that subscription television broadcasters cannot acquire rights to events on
the anti-siphoning list unless:
� a national broadcaster has the right to televise the event; or
� a commercial television broadcasting licensee operating within the broadcasting
services bands (BSB) of spectrum and covering more than 50% of the population
has the right to televise the event.
Part 1 - Amendments
Broadcasting Services Act 1992
Item 1 - Subsection 6(1)
Item 1 of Schedule 1 inserts a new definition of "anti-siphoning event" in section 6 of
the BSA. An anti-siphoning event is an event specified in the anti-siphoning list.
Under subsection 115(1) of the BSA, the Minister for Communications, Information
Technology and the Arts (the Minister) specified a list of events that should be made
available free to the general public (the anti-siphoning list). The anti-siphoning rules
were introduced to ensure that important sporting events which have traditionally
been available on free-to-air (FTA) television would continue to be freely available to
audiences. The current anti-siphoning list commenced on 1 January 2006 and
continues until 31 December 2010.
Item 1 of Schedule 1 is related to Item 18 of Schedule 1, which inserts new Part 4A of
Schedule 4 to the BSA. New Part 4A provides that a national broadcaster must not
televise the whole or part of an anti-siphoning event on a standard definition
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television (SDTV) multi-channel unless the whole or part of the event has been
previously televised on the simulcast service, or the event is televised simultaneously
on the multi-channel and the simulcast service.
Item 2 - Subsection 18(2)
Item 2 of Schedule 1 is consequential to Item 10 of Schedule 1.
Item 3 - Section 146B (paragraph (b) of the definition of televise)
Item 3 of Schedule 1 is consequential to Item 10 of Schedule 1. As national
broadcasters may provide more than one stream of television programming (multiple
"channels"), the definition of "televise" in section 146B is to be amended to include
multiple services provided by a national broadcaster. The effect of this amendment is
that the anti-hoarding rules in Part 10A of the BSA would apply where the
broadcaster acquires the right to televise events on either the main channel (ie. the
channel simulcast in both analogue and digital mode in accordance with clause 19 of
Schedule 4) or on a multi-channel.
Item 4 - Paragraph 10(1)(e) of Schedule 2
Item 4 of Schedule 1 is consequential to Items 1 and 18 of Schedule 1.
Item 5 - Subparagraph 10(1)(e)(ii) of Schedule 2
Item 6 - Subclause 10(1A) and (1B) of Schedule 2
Items 5 and 6 of Schedule 1 amend the licence condition in paragraph 10(1)(e) of
Schedule 2 to the BSA to provide that subscription television broadcasting licensees
are subject to a licence condition that the licensee cannot acquire rights to events on
the anti-siphoning list unless:
� a national broadcaster has the right to televise the event; or
� a commercial television broadcasting licensee (other than a licensee operating
under a licence issued under subsection 40(1) of the BSA) covering more than
50% of the population has the right to televise the event.
These Items ensure that subscription television broadcasting licensees are not able to
rely on the acquisition of rights to sporting events on the anti-siphoning list by s.40
commercial television licensees in order to authorise the acquisition of rights to the
event by the subscription television broadcaster.
Section 40 of the BSA provides for the allocation of commercial television
broadcasting licences for use outside of the BSB. These licences do not include any
access to spectrum or other carriage rights. The licensee must arrange separately for
the carriage of the service on a platform outside of the BSB (eg. the licensee must
obtain an appropriate transmitter licence under the RA if the service is to be made
available using radiocommunications transmitters).
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Currently there are no television licences issued under section 40 due to the
moratorium on the issue of new commercial television broadcasting licences before
31 December 2006 (section 28 of the BSA). If section 40 television licences are
issued after the end of the moratorium, they are likely to be less accessible to
Australian audiences due to their carriage on platforms outside the BSB (ie. standard
television reception equipment would not receive section 40 services). Thus, it is not
consistent with the object of the anti-siphoning scheme to permit the acquisition of
rights by a commercial television broadcaster operating outside the BSB to satisfy the
pre-condition for the acquisition of rights by subscription television broadcasting
licensees.
Item 7 - Clause 2 of Schedule 4 (definition of multi-channelled national
television broadcasting service)
Item 7of Schedule 1 is consequential to Item 10 of Schedule 1.
Item 8 - Clause 2 of Schedule 4
Item 8 of Schedule 1 inserts a new definition of "news or current affairs program",
and is consequential to Item 18 of Schedule 1. This definition is consistent with the
current definition of this phrase in Schedule 6 to the BSA.
The definition includes news bulletins, sports news bulletins, and programs which
provide analysis, commentary or discussion designed to inform the community about
political, social or economic issues. For example, a program of this kind could
include a documentary regarding female athletes performing in the Olympic games,
with excerpts of particular events such as gymnastics. Such a program would be able
to be transmitted on the multi-channel, without necessarily being shown on the core
channel (for example, see Item 18 which inserts new clause 41H of Schedule 4).
Item 9 - Clause 2 of Schedule 4
Item 9 of Schedule 1 is consequential to Item 18 of Schedule 1.
Item 10 - Clause 5A of Schedule 4
Item 10 of Schedule 1 repeals the current definition of "multi-channelled national
television broadcasting service" in clause 5A of Schedule 4 to the BSA. This
definition includes the genre rules, which limited the types of programs that could be
broadcast by the ABC and SBS on their multi-channelled television services.
Item 10 inserts a new definition of "SDTV multi-channelled national television
broadcasting service". A television service provided by the ABC or SBS is a SDTV
multi-channelled national television broadcasting service if:
� the service is transmitted in SDTV digital mode using multi-channelling
transmission capacity;
� the service is promoted as distinct from other services provided by the ABC or
SBS respectively; and
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� the national broadcaster has given the Minister a written notice electing that the
service is a SDTV multi-channelled national television broadcasting service (new
subclause 5C(1) of Schedule 4).
In requiring that the service be promoted as distinct from another service provided by
the ABC or SBS, it is intended that the SDTV multi-channelled service be
distinguished from the television service provided by the national broadcaster
simultaneously in analogue and digital mode in accordance with clause 19 of
Schedule 4 to the BSA (the simulcast service) during the simulcast period. Each
service must be accessible as a separate programming stream to consumers using
digital television receivers.
A notice given by a broadcaster to the Minister in relation to a SDTV multi-
channelled national television broadcasting service will only have effect if the
broadcaster still provides a service simultaneously transmitted in analogue and digital
mode in accordance with clause 19 of Schedule 4 to the BSA (new subclause 5C(2) of
Schedule 4 to the BSA).
Item 11 - Subclause 19(7B) of Schedule 4
Item 12 - Subclause 20(1A) of Schedule 4
Item 13 - Paragraph 23(4)(b) of Schedule 4
Item 14 - Subclause 36(1) of Schedule 4
Item 15 - Subclause 36(1) of Schedule 4
Item 16 - Paragraph 37F(4)(c) of Schedule 4
Item 17 - Paragraph 37H(3)(c) of Schedule 4
Items 11-17 of Schedule 1 are consequential to Item 10 of Schedule 1.
Item 18 - After Part 4 of Schedule 4
Item 18 of Schedule 1 inserts a new Part 4A of Schedule 4 to the BSA. New Part 4A
relates to restrictions on televising anti-siphoning events on multi-channels.
New clause 41H applies to national broadcasters during the simulcast period (new
subclause 41H(1) of Schedule 4). A national broadcaster must not televise the whole
of an anti-siphoning event on a SDTV multi-channelled national television
broadcasting service unless:
� the national broadcaster has previously televised the whole anti-siphoning event
on the simulcast service; or
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� the national broadcaster will televise the whole anti-siphoning event
simultaneously on both the simulcast service and the SDTV multi-channelled
national television broadcasting service (new subclause 41H(2) of Schedule 4).
Similarly, a national broadcaster must not televise a part of an anti-siphoning event on
a SDTV multi-channelled national television broadcasting service unless:
� the national broadcaster has previously televised that part of the anti-siphoning
event on the simulcast service;
� the national broadcaster will televise that part of the anti-siphoning event
simultaneously on both the simulcast service and the SDTV multi-channel; or
� the national broadcaster televises the part of the anti-siphoning event in a news or
current affairs program (new subclause 41H(3) of Schedule 4).
o Note that the term "news or current affairs program" will be defined in
clause 2 of Schedule 4 to the BSA (see Item 8 of Schedule 1).
It is intended that the exception allowing the televising of parts of anti-siphoning
events in news or current affairs programs will permit national broadcasters to
transmit a news or current affairs program with a sports segment on the SDTV multi-
channel, and that the sports segment may include televised excerpts from anti-
siphoning events. However, this exception would not cover, for example, a sports
highlights program which televised significant excerpts from previously un-televised
anti-siphoning events, broken only by short commentary segments.
Item 19 - Paragraphs 45(2)(a), 45A(3)(a) and 46(2)(a) of Schedule 4
Item 19 of Schedule 1 makes technical amendments to clauses 45, 45A and 46 of
Schedule 4 to the BSA as a consequence of Item 10.
Item 20 - Clauses 60 and 60A of Schedule 4
Item 20 of Schedule 1 repeals clauses 60 and 60A of Schedule 4 to the BSA as these
provisions are spent. Clauses 60 and 60A required the Minister to cause to be
conducted a series of reviews in relation to digital television, and to cause copies of
reports documenting the findings of these reviews to be tabled in Parliament. These
reviews were required to be conducted by 1 January 2005 and 1 July 2005).
These reviews have now been conducted and reports from the reviews tabled in
Parliament, and accordingly these provisions can be repealed as spent provisions.
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Radiocommunications Act 1992
Item 21 - Paragraph 100A(1)(b)
Item 22 - Subsection 100B(1)
Item 23 - Paragraph 100D(1)(c)
Item 24 - Paragraph 100D(1)(d)
Item 25 - Subsection 100D(1)
Item 26 - Subsection 100D(2) (definition of multi-channelled national
television broadcasting service)
Item 27 - Subsection 100D(2)
Items 21-27 of Schedule 1 make technical amendments consequential to Item 10 of
Schedule 1.
Part 2 - Transitional provisions
Item 28 - Notices about SDTV multi-channelled national television
broadcasting service
Item 28 of Schedule 1 is a transitional provision related to Item 10 of Schedule 1.
The effect of Item 28 is that where the ABC or SBS has given a notice to the Minister
in relation to an existing multi-channelled national broadcasting television service
(under paragraph 5A(1)(g) of Schedule 4 to the BSA) and the notice is still in force
immediately before the commencement of Schedule 1, the notice still has effect
notwithstanding the repeal of clause 5A of Schedule 4 by Item 10. In such a case, the
national broadcaster would not be required to issue a new notice to the Minister in
relation to that service under new paragraph 5C(1)(d) of Schedule 4 (inserted by Item
5B) - the clause 5A notice would operate as a clause 5C notice.
However, if the national broadcaster was to commence a new SDTV multi-channelled
national broadcasting television service after the commencement of Schedule 1, the
national broadcaster would need to give a notice to the Minister under new paragraph
5C(1)(d) of Schedule 4.
Item 29 - NBS Transmitter licences issued under section 100B of the
Radiocommunications Act 1992
Item 29 of Schedule 1 is a transitional provision related to Item 22 of Schedule 1.
Item 29 clarifies that the amendments made by Item 22 of Schedule 1 to subsection
100B(1) of the RA do not affect the continuity of national broadcasting service (NBS)
transmitter licences issued under that provision before the day after Royal Assent
(when Schedule 1 commences).
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SCHEDULE 2 - AMENDMENTS COMMENCING ON 1 JANUARY
2007
Schedule 2 makes a series of amendments to the Broadcasting Services Act 1992
(BSA) and the Radiocommunications Act 1992 (RA) in order to:
� remove the requirement that broadcasters provide a high-definition television
(HDTV) simulcast version of their analogue and a standard definition television
(SDTV) service;
� remove the existing HDTV quota from the end of the simulcast period;
� modify the power of the Australian Communications and Media Authority (the
ACMA) to allocate commercial television broadcasting licences in the
broadcasting services bands (BSB) so that the ACMA cannot exercise this power
unless a decision has been taken by the Minister that such a licence should be
allocated; and
� provide a power to the Minister to veto an application made to the ACMA for a
new commercial television broadcasting licence in spectrum outside the BSB
(under subsection 40(1) of the BSA) on the basis that the allocation of the licence
would be likely to be contrary to the public interest.
High Definition Television (HDTV)
Clause 37E of Schedule 4 of the BSA provides that regulations must determine
standards which require that a HDTV version of a non-remote commercial television
service must be the same as both the analogue and SDTV version of the service, and
that commercial television broadcasters must transmit a quota of 1040 hours of
HDTV programming per year. Clause 37F provides identical provisions for national
broadcasters in non-remote areas.
The Bill will provide that the existing HDTV quota is lifted at the end of the simulcast
period. The removal of the HDTV quota from switchover will allow enough time for
HDTV to become sufficiently popular for there to be a strong market demand (in
which case the quota would become redundant) or for HDTV to remain a small, niche
service (in which case the quota may become counterproductive).
The Bill will also remove, from 1 January 2007, the requirement that the HDTV
version of the digital television service must be a simulcast of the SDTV service. In
effect, commercial television and national broadcasters will be able to provide one
HDTV multi-channel.
A HDTV multi-channel will be subject to specific provisions relating to anti-
siphoning, such that a commercial free-to-air (FTA) broadcaster could not use its
HDTV multi-channel to premiere events on the anti-siphoning list.
New commercial television broadcasting licences
The moratorium on new commercial television broadcasting licences imposed under
section 28 of the BSA expires on 31 December 2006. This Bill will not re-impose the
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moratorium but will modify the power to allocate the new commercial television
broadcasting licences within the BSB such that the ACMA cannot exercise this power
unless a decision has been taken by the Minister that such a licence should be
allocated. The Minister's decision would be informed by a review.
This will implement the Government's election commitment to take a decision-
making role in commercial television licensing.
Similarly, this Bill will provide a power to the Minister to veto an application made to
the ACMA for a new commercial television broadcasting licence outside the BSB
(under section 40 of the BSA) on the basis that the allocation of the licence would be
likely to be contrary to the public interest. This is also in keeping with the
Government's election commitment.
The Bill will also provide that certain standard licence conditions and program
standards for commercial television broadcasting licences do not apply to commercial
television services operating outside the BSB, and that certain tailored conditions and
standards apply to these types of licences. Services operating outside the BSB will
have lesser influence (particularly initially) than other commercial TV services as
they will operate on a separate platform, are likely to attract a small audience and will
not be readily receivable by standard television receivers. As such, it is in keeping
with the policy objectives for broadcasting that these services should be regulated to a
less onerous extent. An appropriate level of regulation will ensure that community
standards and safeguards are maintained.
Part 1 - Amendments
Broadcasting Services Act 1992
Item 1 - Subsection 6(1) (definition of commercial television
broadcasting licence)
Item 2 - Subsection 6(1)
Item 3 - Subsection 6(1)
Items 1-3 of Schedule 2 insert new definitions in subsection 6(1) of the BSA. These
Items are consequential to Item 16 of Schedule 2.
Item 4 - Subsection 6(1)
Item 4 of Schedule 2 is consequential to Items 8 and 88 of Schedule 2.
Item 5 - After subsection 18(1)
Item 5 of Schedule 2 inserts new subsections 18(1A) and 18(1B) of the BSA.
Subsection 18(1) defines "open narrowcasting services" for the purposes of the BSA.
Subsection 18(2) clarifies that a SDTV multi-channelled national television
broadcasting service is not an open narrowcasting service.
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New subsections 18(1A) and 18(1B) similarly clarify that HDTV multi-
channels provided by national and commercial television broadcasters are not open
narrowcasting services.
Item 6 - At the end of section 26
Item 6 of Schedule 2 inserts new subsections 26(3), (4), (5) and (6) of the BSA. This
amendment is related to Item 8 of Schedule 2.
Section 26 of the BSA requires the Australian Communications and Media Authority
(the ACMA) to prepare licence area plans (LAPs) that determine the number and
characteristics, including technical specifications, of broadcasting services that are to
be available in particular areas of Australia (subsection 26(1)). In determining LAPs,
the ACMA is required to have regard to a number of factors specified in section 23 of
the BSA, including:
� demand for, and efficient and effective use of, the radiofrequency spectrum;
� demographics, social and economic characteristics within the licence area;
� technological developments and technical barriers; and
� the number of existing services and the demand for new services.
In issuing or varying a LAP, the ACMA is also required to make provision for wide
public consultation (section 27).
New section 35A (inserted by Item 8 of Schedule 2) provides that, before the end of
the simulcast period, the Minister must cause to be conducted a review in relation to:
� whether new commercial television licences should be allocated; and
� if so, what variations should be made to LAPs (new section 35A(1)).
The Minister may also conduct reviews subsequent to the initial review (new section
35A(2)).
New subsection 26(3) provides that if a review is conducted under new section 35A,
and the Minister is satisfied that a LAP should be varied, the Minister may give the
ACMA a direction requiring the ACMA to vary the LAP in accordance with the
direction. New section 35A provides for equivalent public consultation and
consideration of planning issues in that review process (see subsections 35A(4) and
(5)). Accordingly, in complying with a direction under new subsection 26(3), the
ACMA would not be required to conduct a wide public consultation under section 27,
nor would the ACMA be required to consider the planning issues specified in section
23 (new subsection 26(6)).
Item 7 - Sections 28 and 28A
Item 7 of Schedule 2 repeals sections 28 and 28A of the BSA.
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Section 28 of the BSA provides that ACMA must not allocate any new commercial
television broadcasting licences in any licence area before 31 December 2006. This
amounts to a moratorium on new free-to-air commercial television broadcasting
licences until 2007. Section 28A provides for exemptions for licences issued under
sections 38A and 38B designed to allow additional services to be provided by existing
licences in underserved markets (ie. markets with 1 or 2 licences).
As the moratorium ends on 31 December 2006, these provisions will be spent on 1
January 2007.
Item 8 - Before section 36
Item 8 of Schedule 2 inserts new sections 35A and 35B of the BSA.
In allocating commercial television broadcasting licences, the ACMA is required to
determine a price-based allocation system (section 36 of the BSA). New sections
35A and 35B limit the ACMA's ability to allocate commercial television
broadcasting licences in accordance with a price-based allocation determined under
section 36. It is intended that the Government will have a decision-making role in
relation to allocation of commercial television broadcasting licences in the BSB. The
amendments will provide the Minister and thereby the Government with a role in
addressing the policy questions associated with allocation of a commercial television
licence, while the ACMA would continue to have a role in:
� undertaking the technical investigations and planning exercises required before a
new commercial television broadcasting licence could be allocated; and
� allocating the licence under a price-based allocated system after receiving a
direction from the Minister to allocate a licence.
New section 35A provides that, before the end of the simulcast period, the Minister
must cause to be conducted a review in relation to:
� whether new commercial television licences should be allocated; and
� if so, what variations should be made to LAPs (new subsection 35A(1)).
The Minister may also conduct reviews subsequent to the initial review (new
subsection 35A(2)). The power to conduct a review may be exercised from time to
time as the Minister considers appropriate (see subsection 33(1) of the Acts
Interpretation Act 1901 (AIA)).
A number of matters must be taken into account in the conduct of the review,
including:
� the objects of the BSA;
� the matters referred to in section 23 (where relevant);
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� the availability of radiofrequency spectrum; and
� any other relevant matters (new subsection 35A(3)).
The matters listed in section 23 of the BSA include:
� demand for, and efficient and effective use of, the radiofrequency spectrum;
� demographics, social and economic characteristics within the licence area;
� technological developments and technical barriers; and
� the number of existing services and the demand for new services.
The review must also be conducted in a manner that provides for wide public
consultation (new subsection 35A(5)).
Requiring wide public consultation and a consideration of the matters in section 23 of
the BSA during the review ensures that, if the review leads to a direction by the
Minister under new subsection 26(3) (see Item 6 of Schedule 2), it is appropriate for
the ACMA to simply comply with the direction without conducting its ordinary
processes as this would not adversely impact on the interests of industry and the
public more broadly.
The ACMA will also have provided information about the availability of spectrum
and other issues relevant to planning and allocation of new licences to the Minister.
The ACMA is obliged to make available any information that is reasonably necessary
for the conduct of the review (new subsection 35A(6)).
Once complete, the Minister must cause a report of the review to be prepared (new
subsection 35A(7)). The report must be tabled in Parliament within 15 sitting days
(new subsection 35A(8)).
If a review is conducted under section 35A and the Minister is satisfied that a
commercial television broadcasting licence should be allocated, the Minister may
direct the ACMA to allocate the licence under section 36 (new subsection 35B(1)).
The Minister may specify a period within which the allocation may take place. For
example, the Minister might consider that there is a case for allocating a new licence
in licence area A as soon as possible, but that no new licences should be allocated in
licence area B until a year later. The Minister may direct the ACMA to allocate the
licences in these licence areas accordingly.
Importantly, it is intended that the Minister may direct the ACMA to allocate licences
on several occasions (see section 33(1) of the AIA). After the completion of a review
under section 35A, the Minister may issue a direction to the ACMA at any time
within 3 years of the completion of the review report (new subsection 35B(1)). After
this initial 3 year period, the Minister would need to conduct a further review under
subsection 35A(2) before directing the ACMA to allocate new commercial television
licences.
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If the Minister issues a direction to the ACMA under subsection 35B(1), the
ACMA is required to comply with the direction (new subsection 35B(2)). Further,
the ACMA is prohibited from allocating any new commercial television broadcasting
licences under section 36 unless the ACMA has been directed to allocate a licence
(new subsection 35B(3)).
Any new commercial television broadcasting licence issued after a direction by the
Minister to the ACMA under subsection 35B(1) is authorised to provide services in
digital mode only (new subsection 35B(4)). Thus, no new analogue commercial
television broadcasting licences may be issued. This is consistent with the policy
objective that television broadcasting be converted to digital mode as soon as is
practicable.
Item 9 - Subsection 36(1)
Item 9 of Schedule 2 repeals subsection 36(1) of the BSA and substitutes a new
subsection 36(1). The substantive difference between the original provision and the
new provision is that the new provision does not include an out-of-date reference to
section 28, which will be a spent provision on 31 December 2006 and is being
repealed by Item 7 of Schedule 2.
Item 10 - Paragraph 38B(18)(a)
Item 11 - Paragraphs 38B(18)(b) and (c)
Item 12 - Subsections 38B(20) and (21)
Items 10, 11 and 12 of Schedule 2 are consequential to Item 16.
Item 13 - After subsection 40(1)
Item 13 of Schedule 2 inserts new subsection 40(1A) of the BSA.
Subsection 40(1) provides for the allocation by the ACMA of commercial
broadcasting licences operating in spectrum outside the broadcasting services bands.
New subsection 40(1A) provides that licences issued under subsection 40(1) are
allocated on the basis of one licence per service. Relevantly, this amendment clarifies
that broadcasters providing a commercial television broadcasting service under a
licence issued under section 40 are not authorised to multi-channel. A commercial
television broadcaster which is licensed under section 40 could operate on a range of
platforms which might have capacity to provide an unknown number of multi-
channels. The requirement to provide only one service per licence is equivalent to
that for subscription broadcasting, which may use similar platforms to section 40
broadcasters.
Item 14 - Subsection 40(2)
Item 14 of Schedule 2 makes a technical amendment consequential to Items 7 and 9
of Schedule 2.
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Item 15 - At the end of section 40
Item 15 inserts new subsections 40(5), (6), (7), (8), (9), (10), (11) and (12) of the
BSA. These provisions provide for the Minister to have a decision making role in
relation to licences issued under subsection 40(1).
The effect of the amendments is that an application for licence to provide a
commercial television broadcasting service outside the BSB must be initially made to
the ACMA, but if the ACMA proposes to allocate a licence in accordance with the
application, the ACMA must refer the application to the Minister (new subsection
40(5)). The Minister will then have the opportunity to consider the impact of the
proposed service in terms of the public interest. The ACMA must not make a
decision about the allocation until the Minister has informed the ACMA of his or her
views in relation to the application (new subsection 40(6)).
If the Minister is satisfied that the allocation of the licence would be likely to be
contrary to the public interest, the Minister must direct the ACMA not to allocate the
licence to the applicant (new subsection 40(7)). If the Minister is not of such an
opinion, the Minister must notify the ACMA accordingly (new subsection 40(8)).
In considering the public interest, the Minister will consider all matters relevant in the
particular circumstances. It is anticipated that these matters could include:
� the policy objects of the BSA;
� the number and characteristics of existing broadcasting services available in the
licence area;
� the demand for new broadcasting services in the proposed licence area; and
� the nature of the proposed service and the audience the licensee would target.
The test is broadly framed to ensure that all relevant matters will be considered by the
Minister before deciding whether or not a particular application should be granted.
The breadth of the test is also appropriate given that each application is likely to vary
significantly in its business model and operating platform. Importantly, Item 20 of
Schedule 2 provides that the applicant may seek merits review of a direction by the
Minister to the ACMA to not allocate a licence in a particular case.
The ACMA is required to comply with a direction by the Minister under new
subsection 40(7) (new subsection 40(8)).
The Minister may request further information from the applicant before making a
decision, provided the request is made within 30 days of referral of the application to
the Minister (new subsection 40(10)). If the Minister requests additional information,
the Minister must provide a copy of the request to the ACMA so that the ACMA is
kept informed (new subsection 40(11)).
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New subsection 40(12) provides that if the Minister does not make a decision
within 60 days of receiving the application, or within 60 days of receiving additional
information from the applicant (if this is requested), the Minister is deemed to have
decided that the application is not contrary to the public interest and that the ACMA
may proceed with the allocation of the licence. This provision for a deemed decision
is drafted in favour of the applicant for the licence, and it will ensure that applications
are processed in a prompt manner.
Item 16 - After section 41
Item 16 of Schedule 2 inserts new section 41A of the BSA.
New section 41A provides that a commercial television broadcasting licence
authorises the licensee to provide:
� the core service, which is either:
o simulcast in analogue and digital mode in accordance with Schedule 4 of the
BSA; or
o a single SDTV service (for new, digital only licences allocated after 1 January
2007); and
� a HDTV multi-channel.
Item 16 is related to the amendments made by Items 29 and 70. Item 29 amends the
standard licence conditions applicable to commercial television broadcasting licences
to require licensees to provide a HDTV multi-channel during the simulcast period.
However, Item 70 repeals existing subclause 37E(1) of Schedule 4, which required
commercial television broadcasting licensees in non-remote licence areas to provide a
HDTV version of their service, and that the HDTV version of the service was to be a
simulcast of the service provided in analogue and digital mode.
The effect of these amendments is that commercial television broadcasting licensees
are required to provide a HDTV multi-channel, but the programming provided on that
HDTV multi-channel may differ from that provided on the core service. Of course, if
the broadcaster chose, the licensee could continue to provide a HDTV simulcast.
New section 41A does not apply in relation to licences issued under subsection 40(1)
(new subsection 41A(3)). Licences issued under subsection 40(1) are allocated on the
basis of one service per licence (Item 4D of Schedule 2).
Item 17 - At the end of section 122
Item 17 of Schedule 2 inserts new subsections 122(7), (8), (9) and (10) of the BSA.
The effect of these amendments is that during the simulcast period, standards made by
the ACMA under subsection 122(1) (Australian content and children's television
standards) do not apply to a commercial television broadcasting service unless the
service is the core service (new subsections 122(7) and (8)). These provisions ensure
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that the Australian content and children's television quotas cannot be satisfied by
programming provided on multi-channels. By excluding multi-channels, the
standards will be required to be satisfied by programming provided on the simulcast
or main channel, thereby ensuring the free availability of this content to the widest
possible audiences during the simulcast period. This will also provide time for multi-
channels to be developed and become established before they are subject to the full
suite of regulatory obligations.
New subsection 122(9) provides that if a new commercial television broadcasting
licence is allocated under section 36 (BSB services) or subsection 40(1) (non-BSB
services), the Australian content and children's television program standards do not
apply to the licensee during the first five years of operation. This concession is
designed to ensure that new services are able to emerge and establish operations in the
market before the full suite of regulatory obligations is imposed on the licensee.
Item 18 - At the end of section 123
Item 18 inserts new subsection 123(5) of the BSA.
New subsection 123(5) clarifies that a reference to "broadcasting operations" in
section 123 includes all the services provided by commercial television broadcasting
licensees. This will ensure that the code of practice for the commercial television
industry is required to apply to multi-channels. If the code of practice made
inadequate provision in relation to multi-channels, the ACMA may impose a standard
under section 125 of the BSA.
Item 19 - Section 146B (paragraph (a) of the definition of televise)
Item 19 of Schedule 2 makes a technical amendment consequential to Item 16 of
Schedule 2.
Item 20 - Section 204 (after table item dealing with subsection 40(1))
Item 20 inserts a new table row in section 204 of the BSA (the Administrative
Appeals Tribunal review provision), as a consequence of the insertion of new
subsection 40(7) by Item 15 of Schedule 2. This ensures that if the Minister directs
the ACMA under subsection 40(7) not to allocate a new commercial television
licence to a particular applicant, the applicant may seek merits review of this decision
in the AAT.
Item 21 - Paragraph 205B(1)(a)
Item 22 - Subparagraph 205B(1)(c)(i)
Item 23 - Paragraph 205B(1)(d)
Item 24 - Paragraph 212(3)(a)
Items 21-24 of Schedule 2 make technical amendments consequential to Item 16 of
Schedule 2.
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Item 25 - Paragraph 7(1)(c)
Item 25 of Schedule 2 amends the standard licence condition in paragraph 7(1)(c) of
Schedule 2 to the BSA for commercial television broadcasting licensees in relation to
the requirement to include certain provisions in the articles of association of the
licensee. These required provisions relate to the current cross-media and foreign
ownership rules.
The effect of this amendment is to exclude licensees operating under licences issued
under subsection 40(1) from this requirement. This is appropriate because the
amendments made in the proposed Broadcasting Services Amendment (Media
Ownership) Bill 2006 exclude section 40 licensees from the operation of the media
diversity rules in Part 5 of the BSA (Item 3 of Schedule 1 of that Bill).
Item 26 - Paragraph 7(1)(f) of Schedule 2
Item 27 - Paragraph 7(1)(h) of Schedule 2
Item 28 - Paragraph 7(1)(i) of Schedule 2
Items 26-28 of Schedule 2 make technical amendments consequential to Item 16 of
Schedule 2.
Item 29 - After paragraph 7(1)(m) of Schedule 2
Item 29 inserts new paragraphs 7(1)(ma) and (mb), which consequentially amends the
standard licence conditions for commercial television broadcasting licensees as a
result of the amendments made by Item 25.
New paragraph 7(1)(ma) requires commercial television broadcasting licensees to
provide a HDTV multi-channel during the simulcast period for the licence area in
which they operate.
New paragraph 7(1)(mb) requires commercial television broadcasting licensees in a
licence area to provide a HDTV multi-channel during the `simulcast-equivalent
period' if:
� no simulcast period applies in relation to the licence area (eg. in remote areas
where the digital conversion scheme has not provided for a simulcast period); and
� there are regulations in place imposing HDTV requirements.
The simulcast equivalent period is defined under Items 47 and 48 of Schedule 2.
This Item is related to Item 40, which inserts qualifications on the operation of these
new licence conditions.
If a licensee breached a new licence condition, enforcement action could be taken in
relation to the breach (eg. in relation to an offence under section 139 of the BSA).
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The requirement to provide a HDTV version of the service does not require a licensee
to transmit continuously (ie. on a 24 hours a day, seven days a week basis). As with
SDTV multi-channels able to be provided from 1 January 2009 (in accordance with
the amendments made in Schedule 3), the broadcaster may choose to transmit the
HDTV multi-channel only part of the time. Provided the licensee complies with the
HDTV quota obligations in clause 37E of Schedule 4 (see Item 70 of Schedule 2), the
hours of transmission are at the discretion of the licensee.
Item 30 - Paragraph 7(1)(na) of Schedule 2
Item 31 - After paragraph 7(1)(na) of Schedule 2
Items 30 and 31 of Schedule 2 make technical amendments consequential to Item 70
of Schedule 2.
Item 32 - Paragraph 7(1)(o) of Schedule 2
Item 32 of Schedule 2 makes a technical amendment consequential to Item 85 of
Schedule 2.
Item 33 - After paragraph 7(1)(oa) of Schedule 2
Item 33 of Schedule 2 inserts new paragraph 7(1)(ob), which imposes a new licence
condition on commercial television broadcasting licensees. The licence condition in
new paragraph 7(1)(ob) requires licensees to comply with restrictions on the
televising of anti-siphoning events. Item 33 is related to Item 86 of Schedule 2.
Item 34 - Paragraph 7(2)(a) of Schedule 2
Item 34 of Schedule 2 amends the standard licence condition in paragraph 7(2)(a) for
commercial television broadcasting licensees in relation to the requirement to provide
a service that, when considered together with other broadcasting services provided in
the licence area, contributes to the provision of an adequate and comprehensive range
of broadcasting services in that licence area.
The effect of this amendment is to exclude licensees operating under licences issued
under subsection 40(1) from this requirement. This is appropriate because
commercial television broadcasting services provided under subsection 40(1) licences
will operate on a separate platform, potentially in a distinct licence area, and are likely
to require special reception equipment and so will have a less significant impact on
audiences than other commercial television broadcasting services.
Item 35 - Paragraph 7(2)(a) of Schedule 2
Item 35 of Schedule 2 makes a technical amendment consequential to Item 16 of
Schedule 2.
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Item 36 - Paragraph 7(2)(c) of Schedule 2
Item 36 of Schedule 2 amends the standard licence condition in paragraph 7(2)(c) for
commercial television broadcasting licensees in relation to the requirement for
licensees to broadcast matter of a religious nature.
The effect of this amendment is to exclude licensees operating under licences issued
under subsection 40(1) from this requirement. This is appropriate because
commercial television broadcasting services provided under subsection 40(1) licences
will operate on a separate platform and are likely to require special reception
equipment and so will have a less significant impact on audiences than other
commercial television broadcasting services.
Item 37 - Paragraph 7(2A)(d)(i) of Schedule
Item 37 of Schedule 2 makes a technical amendment consequential to Item 16 of
Schedule 2.
Item 38 - Paragraph 7(2B) and (2C) of Schedule 2
Item 38 of Schedule 2 amends the standard licence conditions in paragraphs 7(2B)
and (2C) for commercial television broadcasting licensees in relation to the provision
of information to other commercial and national broadcasters for inclusion in an
electronic program guide.
The effect of this amendment is to exclude licensees operating under licences issued
under subsection 40(1) from this requirement. This is appropriate because
commercial television broadcasting services provided under subsection 40(1) licences
will operate on a separate platform and are likely to require special reception
equipment and so will have a less significant impact on audiences than other
commercial television broadcasting services.
Item 39 - Subclause 7(3) of Schedule 2
Item 39 of Schedule 2 is consequential to Item 40.
Item 40 - After the end of clause 7 of Schedule 2
Item 40 of Schedule 2 inserts new subclauses 7(5), (6), (7) and (8) of Schedule 2.
These amendments are related to Item 29 as these paragraphs qualify the operation of
the new licence conditions in paragraphs 7(1)(ma) and (mb). These licence
conditions, which require the provision of a HDTV multi-channel during the
simulcast or simulcast equivalent period (as relevantly applies), do not apply where
the licensee is operating under a limited-capacity transmitter issued following the
contravention of HDTV standards (new subclause 7(5).
The licence conditions also do not apply where the licensee provides a service under a
licence issued under sections 38A or 38B (which relate to under-served markets) and
a multi-channelling election is in force under Schedule 4 (new subclauses 7(6) and
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(7)). The purpose of a multi-channelling election is to authorise the licensee or
licensees to transmit services provided under more than one licence using multi-
channelling transmission capacity with exemption from any HDTV obligations that
would otherwise apply to the licensee or licensees.
Item 41 - Paragraph 10(1)(e)(i) of Schedule 2
Item 41 of Schedule 2 makes a technical amendment consequential to Item 16 of
Schedule 2.
Item 42 - Paragraph 10(1A) of Schedule 2
Item 43 - Paragraphs 10(1B)(a) and (b) of Schedule 2
Items 42 and 43 of Schedule 2 make technical amendments consequential to Item 16.
Item 44 - Clause 2 of Schedule 4
Item 45 - Clause 2 of Schedule 4,
Item 46 - Clause 2 of Schedule 4
Item 47 - Clause 2 of Schedule 4
Items 44-47 of Schedule 2 insert new definitions into Schedule 4 of the BSA, and are
consequential to Items 48, 49 and 50 of Schedule 2.
Item 48 - After clause 4B of Schedule 4
Item 49 - Before clause 5C of Schedule 4
Item 50 - At the end of Part 1 of Schedule 4
Items 48-50 of Schedule 2 insert new clause 4C of Schedule 4 (definition of
"simulcast equivalent period"), new clause 5B (definition of "HDTV multi-
channelled commercial television broadcasting service"), new clause 5D (definition
of "HDTV multi-channelled national television broadcasting service") and new clause
5E (definition of "Designated HDTV multi-channelled national television
broadcasting service"). These new definitions are required as a consequence of Items
29 and 70 of Schedule 2.
In remote licence areas, the ACMA has discretion to provide for a simulcast period.
If the ACMA has not made such a provision, it is necessary to provide for the ACMA
to declare a "simulcast equivalent period" to give effect to HDTV, anti-siphoning and
other obligations until analogue switchover.
National broadcasters will, when Schedule 1 comes into effect, be able to provide as
many multi-channels as their spectrum capacity allows. Depending on standards and
compression technology chosen, it may be possible to provide more than one HDTV
multi-channel. If more than one HDTV multi-channel is provided, the national
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broadcaster is required to nominate which of these HDTV channels is to be
the "designated HDTV multi-channelled national television broadcasting service" to
which the HDTV quota obligations will then apply.
Item 51 - Before subclause 6(8) of Schedule 4
Item 51 of Schedule 2 makes technical amendments consequential to Items 8 and 70
of Schedule 2.
Item 52 - Paragraph 8(7)(a) of Schedule 4
Item 53 - Paragraph 8(7)(b) of Schedule 4
Item 54 - Subclause 8(8) of Schedule 4
Item 55 - Paragraph 8(10)(b) of Schedule 4
Item 56 - Subclause 8(10A) of Schedule 4
Items 52-56 are consequential to Item 70.
Item 58 - After subclause 9(1) of Schedule 4
Item 58 of Schedule 2 makes technical amendments consequential to Items 8 and 70
of Schedule 2, with the result that holders of commercial television broadcasting
licences are not required to submit implementation plans to the ACMA in relation to
their HDTV multi-channel.
Item 59 - After subclause 19(7B) of Schedule 4
Item 59 makes a technical amendment consequential to Item 70 of Schedule 2.
Item 60 - After subclause 20(1A) of Schedule 4
Item 60 of Schedule 2 makes technical amendments consequential to Items 8 and 70
of Schedule 2, with the result that national broadcasters are not required to submit
implementation plans to the ACMA in relation to their HDTV multi-channel.
Item 61 - Paragraph 23(7)(a) of Schedule 4
Item 62 - Paragraph 23(7)(b) of Schedule 4
Item 63 - Subclause 23(8) of Schedule 4
Item 64 - Paragraph 23(10)(b) of Schedule 4
Item 65 - Subclause 23(10A) of Schedule 4
Items 61-65 of Schedule 2 are consequential to Items 66 and 74.
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Item 66 - After clause 35 of Schedule 4
Item 66 inserts new clause 35AA of Schedule 4. New subclause 35AA(1) requires
national broadcasters to provide at least one HDTV multi-channel during the
simulcast period.
New subclause 35AA(2) provides that where regulations require the transmission of a
HDTV multi-channel in a coverage area during a simulcast-equivalent period, the
national broadcaster must comply with that requirement.
The requirement to provide a HDTV version of the service does not require a national
broadcaster to transmit continuously (ie. on a 24 hours a day, seven days a week
basis). As with SDTV multi-channels provided by national broadcasters (in
accordance clause 5A of Schedule 4 and with the amendments made in Schedule 1),
the national broadcaster may choose to transmit the HDTV multi-channel only part of
the time. Provide the licensee complies with the HDTV quota obligations in clause
37F of Schedule 4 (see Item 29 below), the hours of transmission are at the discretion
of the licensee.
Item 67 - Part 4 of Schedule 4 (heading)
Item 68 - Division 2 of Part 4 of Schedule 4 (heading)
Items 67 and 68 of Schedule 2 are technical amendments consequential to Item 70.
Item 69 - Before clause 37E of Schedule 4
Item 69 of Schedule 2 inserts new clause 37DA of Schedule 4.
New clause 37DA of Schedule 4 provides that Division 2, which imposes HDTV
quotas and standards, does not apply in relation to licences allocated under subsection
40(1). This is appropriate because commercial television broadcasting services
provided under subsection 40(1) licences are likely to have a less significant impact
on audiences than other commercial television broadcasting services, due to their
transmission outside the BSB. They are also not subject to the digital conversion
scheme and are not permitted to multi-channel. Thus it is proposed that subsection
40(1) licensees should not be required to comply with HDTV quotas.
Item 70 - Subclauses 37E(1), (2), (2A) and (2B) of Schedule 4
Item 70 of Schedule 2 repeals existing subclauses 37E(1), (2), (2A) and (2B) of
Schedule 4, which required that regulations be made requiring commercial television
broadcasting licensees in non-remote licence areas to:
� provide a HDTV version of their service;
� transmit a quota of HDTV programs; and
� simulcast the HDTV version of the service with the service provided in analogue
and digital mode.
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The regulations made pursuant to clause 37E are in Schedule 1 of the Broadcasting
Services (Digital Television Standards) Regulations 2000 (the Regulations). The
repeal of the enabling provisions ensures that commercial television broadcasters do
not need to comply with Schedule 1 to the Regulations, and that the new HDTV rules
in clause 37E apply from 1 January 2007. However, the ongoing obligations in the
regulations to keep records in relation to HDTV transmissions and to regularly report
to the ACMA continue in force notwithstanding these amendments.
Item 70 inserts new subsections 37E(1), (2) and (2A) of Schedule 4 to remove the
requirement for the HDTV version of the service to be a simulcast of the SDTV and
analogue service. The requirement to transmit a quota of HDTV programs of 1040
hours per year continues.
For existing licensees, with the exception of the licensee operating in
Mildura/Sunraysia TV1, the HDTV quota must be met from 1 January 2007 until the
end of the simulcast period. If the simulcast period for a licence area does not end on
31 December of a year, the HDTV quota is reduced on a pro-rata basis for the final
calendar year of the simulcast period.
For the licensees operating in Mildura/Sunraysia, HDTV quota obligations commence
on 1 January 2008 and must be met for the duration of the simulcast period. HDTV
obligations start on 1 January 2008 for Mildura/Sunraysia, reflecting the later
commencement date of this service which is provided under section 38B of the BSA.
In the case of any new commercial television broadcasting licences issued after 1
January 2007, the HDTV quota will commence on the day two years following
commencement of a service provided under the licence.
Item 70 is related to Item 29, which imposes licence conditions on licensees requiring
compliance with the HDTV quotas.
The effect of these amendments is that commercial television broadcasting licensees
are required to provide a HDTV multi-channel, but the programming provided on that
HDTV multi-channel may differ from that provided on the core service. Of course, if
the broadcaster chose, the licensee could continue to provide a HDTV simulcast.
Item 71 - Subclause 37E(3) of Schedule 4
Item 71 of Schedule 2 makes a technical amendment consequential to Item 70.
Item 72 - Subclause 37E(4) of Schedule 4
Item 72 of Schedule 2 repeals subclause 37E(4) of Schedule 4, and inserts new
subclauses 37E(4) and (5). This amendment is consequential to Item 70.
Item 73 - Clause 37EA of Schedule 4
Item 73 of Schedule 2 repeals clause 37EA of Schedule 4. This amendment is
consequential to Item 70. Clause 37EA relates to the simulcast requirements for the
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HDTV version of the service. As Item 70 repeals the simulcast requirements,
clause 37EA is no longer required.
Item 74 - Subclauses 37F(1), (2), (2A) and (2B) of Schedule 4
Item 74 of Schedule 2 repeals existing subclauses 37F(1), (2), (2A) and (2B) of
Schedule 4, which required that regulations be made requiring national television
broadcasters in non-remote licence areas to:
� provide a HDTV version of their service;
� transmit a quota of HDTV programs; and
� simulcast the HDTV version of the service with the service provided in analogue
and digital mode.
The regulations made pursuant to clause 37F are in Schedule 2 of the Regulations (see
the notes on Item 70). The repeal of the enabling provisions ensures that national
television broadcasters do not need to comply with Schedule 2 to the Regulations, and
that the new HDTV rules in clause 37F apply from 1 January 2007. However, the
ongoing obligations in the regulations to keep records in relation to HDTV
transmissions and to regularly report to the ACMA continue in force notwithstanding
these amendments.
Item 74 inserts new subsections 37F(1), (2) and (2A) of Schedule 4 to remove the
requirement for the HDTV version of the service to be a simulcast of the SDTV and
analogue service. The requirement to transmit a quota of HDTV programs of 1040
hours per year continues for the duration of the simulcast period. The obligation will
apply to the designated HDTV multi-channelled national television broadcasting
service. If the simulcast period for a licence area does not end on 31 December of a
year, the HDTV quota is reduced on a pro-rata basis for the final calendar year of the
simulcast period.
Item 74 is related to Item 66, which requires national television broadcasters to
comply with the HDTV quotas.
The effect of these amendments is that national broadcasters are required to provide a
single HDTV multi-channel, but the programming provided on that HDTV multi-
channel may differ from that provided on the simulcast service. Of course, if the
broadcaster chose, the licensee could continue to provide a HDTV simulcast. Further,
the national broadcaster may choose to provide additional HDTV multi-channels.
Item 75 - Subclause 37F(3) of Schedule 4
Item 76 - Subclause 37F(4) of Schedule 4
Items 75 and 76 of Schedule 2 are consequential to Item 74 of Schedule 2.
Item 77 - Clause 37FA of Schedule 4
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Item 77 of Schedule 2 repeals clause 37FA of Schedule 4. This amendment is
consequential to Item 74. Clause 37FA relates to the simulcast requirements for the
HDTV version of the service. As Item 74 repeals the simulcast requirements, clause
37FA is no longer required.
Item 78 - Subclauses 37G(1), (1A), (1B) and (1C) of Schedule 4
Item 78 repeals subclauses 37G(1), (1A), (1B) and (1C) of Schedule 4, and inserts
new subclause 37G(1). Item 78 makes corresponding amendments in relation to
commercial television broadcasters operating in remote licence areas to those
amendments made for non-remote areas by Item 70.
As currently, while new clause 37E directly imposes obligations on commercial
television broadcasters in non-remote licence areas, clause 37G continues to provide
that regulations may be made to impose HDTV obligations on commercial television
broadcasters operating in remote areas. Thus, unless regulations are made,
commercial television broadcasters in remote licence areas are not subject to HDTV
quota obligations. However, if quotas are imposed by regulation, there is no
requirement on the broadcaster to provide simulcast programming on the HDTV
service.
Item 79 - Subclause 37G(2) of Schedule 4
Item 79 of Schedule 2 is consequential to Item 78 of Schedule 2.
Item 80 - Subclauses 37G(3) and (4) of Schedule 4
Item 80 of Schedule 2 repeals subclauses 37G(3) and (4) of Schedule 4, and
substitutes new subclauses 37G(3), (4), (5) and (6) of Schedule 4. These amendments
are consequential to Item 78, and they ensure that any obligations imposed under
regulations to comply with a HDTV quota cease at the end of the simulcast period (or
the simulcast-equivalent period if there is no simulcast period for the licence area).
Further, HDTV quota obligations cannot be imposed where there is a multi-
channelling election in force.
Item 81 - Subclauses 37H(1), (1A), (1B) and (1C) of Schedule 4
Item 81 of Schedule 2 amends clause 37H of Schedule 4 as it applies to national
broadcasters in a corresponding way to the amendments made by Item 78 in relation
to commercial television broadcasters.
Item 82 - Subclause 37H(2) of Schedule 4
Item 83 - Subclause 37H(3) of Schedule 4
Items 82 and 83 of Schedule 2 are consequential to Item 78, and they ensure that any
obligations imposed under regulations to comply with a HDTV quota cease at the end
of the simulcast period (or the simulcast equivalent period if there is no simulcast
period for the coverage area).
Item 84 - Clause 37J of Schedule 4
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Item 84 repeals clause 37J of Schedule 4 as a consequence of Items 70, 74, 78 and
80. Clause 37J is no longer required as it is not proposed that it be mandatory that
multi-channels be provided 24 hours per day, seven days per week.
Item 85 - Division 3 of Part 4 of Schedule 4
Item 85 repeals Division 3 of Part 4 of Schedule 4, and inserts a new Division 3.
Item 85 of Schedule 2 repeals existing clauses 38 of Schedule 4, which required that
regulations be made requiring commercial television broadcasting licensees and
national broadcasters to provide captioning services in certain circumstances
The regulations made pursuant to clause 38 are in Schedule 3 of the Regulations. The
repeal of the enabling provisions ensures that commercial television broadcasters do
not need to comply with Schedule 3 to the Regulations, and that the new captioning
rules in clause 38 apply from 1 January 2007.
New clause 38 requires commercial television broadcasting licensees and national
broadcasters to caption:
� all television programs transmitted during prime viewing hours; and
� news or current affairs programming transmitted outside prime viewing hours
(new subclause 38(1)).
o Note that "prime viewing hours" are the hours between 6pm and
10.30pm each day (new subclause 38(11)).
The requirement to provide captioning under subclause 38(1) is subject to some
qualifications. Broadcasters do not need to provide a captioning service where:
� the program concerned involves live sport coverage that is subject to unscheduled
extended coverage which displaces a news program (new subclauses 38(2) and
(3));
� the program is televised on a SDTV or HDTV multi-channel during the simulcast
period, unless the program has previously been transmitted on the core/simulcast
service (new subclauses 38(4) and (5));
� the program is wholly or partly in a language other than English (new paragraph
38(7)(a));
� the audio component of the program consists of music that has no human vocal
content recognisable as English (new paragraph 38(7)(b)); and
� the audio component of the program consists of incidental or background music
(new paragraph 38(7)(c)).
Commercial television broadcasting licensees operating under licences issued under
subsection 40(1) do not need to provide captioning services during the first twelve
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months of commencing the service, or such longer period as is agreed by the
ACMA (new subclause 38(6). This concession to subsection 40(1) licensees is seen
as appropriate given the more limited audience these services are likely to target and
to allow time to solve any technical issue which may arise from making captioning
available on a new platform..
Notwithstanding the obligation to provide captioning in accordance with subclause
38(1) and related exemptions, commercial television broadcasting licensees and
national broadcasters are required, during the simulcast period, to provide a
captioning service in relation to programs transmitted on SDTV and HDTV multi-
channels where the program has been previously transmitted by the broadcaster
concerned with captions (new subclauses 38(9) and (10)).
Item 86 - Before clause 41H of Schedule 4
Item 86 of Schedule 2 inserts new clause 41C of Schedule 4.
New clause 41C applies to commercial television broadcasters during the simulcast
period (new subclause 41C(1) of Schedule 4). A commercial television broadcaster
must not televise the whole of an anti-siphoning event on a HDTV multi-channelled
commercial television broadcasting service unless:
� the commercial television broadcaster has previously televised the whole anti-
siphoning event on the core service; or
� the commercial television broadcaster will televise the whole anti-siphoning
event simultaneously on both the core service and the HDTV multi-channel (new
subclause 41C(2) of Schedule 4).
Similarly, a commercial television broadcaster must not televise a part of an anti-
siphoning event on a HDTV multi-channelled commercial television broadcasting
service unless:
� the commercial television broadcaster has previously televised that part of the
anti-siphoning event on the core service;
� the commercial television broadcaster will televise that part of the anti-siphoning
event simultaneously on both the core service and the HDTV multi-channel; or
� the commercial television broadcaster televises the part of the anti-siphoning
event as part of a news or current affairs program (new subclause 41C(3) of
Schedule 4).
This is the same restriction that is introduced for national broadcasters by Item 18 of
Schedule 1.
It is intended that the exception in relation to televising parts of anti-siphoning events
in news or current affairs programs will permit commercial television broadcasters to
transmit a news or current affairs program with a sports segment on the HDTV multi-
channel, and that the sports segment may include televised excerpts from anti-
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siphoning events. However, this exception would not cover, for example,
a sports highlights program which televised significant excerpts from previously un-
televised anti-siphoning events, broken only by short commentary segments.
Item 87 - After clause 41H of Schedule 4
Item 87 of Schedule 2 inserts new clause 41J of Schedule 4. New clause 41J is the
equivalent restriction for national broadcasters televising anti-siphoning events on
HDTV multi-channels to new clause 41C for commercial television broadcasters
(Item 40). It effectively continues the rule introduced by Item 18 of Schedule 1.
Item 88 - At end of Part 8 of Schedule 4
Item 88 of Schedule 2 inserts new clause 60C of Schedule 4.
New clause 60C provides that, at least one year before the end of the simulcast period
(ie. the earliest end-date) the Minister must cause to be conducted a review of the
regulation of SDTV and HDTV multi-channels. More specifically, the review must
consider whether and how captioning, Australian content and children's television
standards and code of practice should apply to multi-channels (new subclause
60C(1)). The review is timed to allow for any necessary changes to the regulation of
multi-channels to be made prior to the end of the simulcast period, when commercial
television broadcasters will be authorised to provide unlimited multi-channels
(Schedule 3 to the Bill).
The Minister must cause a report to be prepared at the conclusion of the review (new
subclause 60C(2)). The report must be tabled in Parliament (new subclause 60C(3)).
Radiocommunications Act 1992
Item 89 - After section 100D
Item 89 inserts new section 100E of the RA.
The effect of new section 100E is that a transmitter licence authorising the
transmission of a national television broadcasting service in digital mode will also
authorise the transmission of the HDTV multi-channel provided by the national
broadcaster during the simulcast period.
Item 90 - Subsection 102(1)
Item 91 - Subsection 102A(1)
Items 90 and 91 of Schedule 2 are consequential to Item 16 of Schedule 2.
Item 92 - After section 102A
Item 92 inserts new section 102AA of the RA.
The effect of new 102AA of the RA is that a transmitter licence authorising the
transmission of a commercial television broadcasting service in digital mode will also
authorise the transmission of the HDTV multi-channel provided by the commercial
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television broadcaster during the simulcast period (or the simulcast-
equivalent period if there is no simulcast period for the licence area).
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Part 2 - Transitional provisions
Item 93 - Determinations under subsection 36(1) of the Broadcasting
Services Act 1992
Item 93 of Schedule 2 is a transitional provision that provides that any existing
determinations in force under subsection 36(1) of the BSA, which deals with the
price-based allocation of commercial television and commercial radio licences,
continue to have effect, notwithstanding the amendments made in Schedule 2 to
subsection 36(1) (Item 9 of Schedule 2).
Item 94 - Transmitter licences issued under section 102 of the
Radiocommunications Act 1992
Item 95 - Transmitter licences issued under section 102A of the
Radiocommunications Act 1992
Items 94 and 95 of Schedule 2 are transitional provisions that clarify that the
amendments made in Schedule 2 do not affect the continuity of transmitter licences
issued under sections 102 and 102A of the RA before 1 January 2007 (when Schedule
2 commences).
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SCHEDULE 3 - AMENDMENTS COMMENCING ON 1 JANUARY 2009
Schedule 3 to the Bill makes a series of amendments to the Broadcasting Services Act
1992 (BSA) and the Radiocommunications Act 1992 (RA) in order to:
� permit commercial television broadcasting licensees to provide a single standard
definition television (SDTV) multi-channel from 1 January 2009; and
� permit commercial television broadcasting licensees to multi-channel freely (in
SDTV digital mode, high-definition television (HDTV) digital mode, or a
combination of both) from the end of the simulcast period.
The current regulatory regime for digital television prevents commercial television
broadcasters from providing any digital services which are not a simulcast of their
analogue services. It does this by:
� establishing a simulcast period during which a commercial television licensee is
required to transmit the service concerned in both analogue mode and SDTV
digital mode (paragraph 6(3)(c) of Schedule 4 of the BSA);
� prohibiting the licensee from broadcasting a program in SDTV mode unless that
program is transmitted simultaneously on the analogue and SDTV version of the
service (paragraph 7(1)(m) of Schedule 2); and
� the conditions of the transmitter licence under the RA (subsections 102(1) and
102A(1)).
The end of the simulcast period for non-remote licence areas is provided for in
paragraph 6(1)(c) of Schedule 4 of the BSA. For metropolitan licence areas the
simulcast period will end on 31 December 2008, and for other licence areas the
simulcast periods vary (the current dates for regional areas are either 31 March 2011
or 31 December 2011, depending on the area). It is anticipated that regulations will
be made under subparagraph 6(1)(c)(ii) of Schedule 4 to extend the simulcast period.
For remote licence areas, a simulcast period may be determined by the Australian
Communications and Media Authority (the ACMA) under the commercial television
conversion scheme. The ACMA has not yet determined simulcast periods for remote
licence areas.
Schedule 3 to the Bill will ensure that the regulatory restrictions on the number of
multi-channels provided by commercial free-to-air (FTA) television broadcasters are
removed at the end of the simulcast period. That is, when the simulcast period ends,
commercial television broadcasters will be able to use their radiocommunications
transmitter licence under which their analogue service was provided to provide non-
simulcast digital services beyond the limited range currently permitted under the BSA
and the RA. This will allow commercial television broadcasters to use their
commercial broadcasting licences and radiocommunications transmitter licences to
provide the same range of service types as national broadcasters from digital
switchover. The current arrangements whereby the ACMA can determine which
spectrum the broadcaster can continue to use will be retained.
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To encourage the provision of additional television services that will assist in driving
digital take-up, Schedule 3 to the Bill will also allow, from 1 January 2009,
commercial FTA television broadcasters to provide a single multi-channel in SDTV
digital mode, in addition to the SDTV simulcast of the analogue service.
The SDTV multi-channel will be subject to the restriction that the whole or part of
anti-siphoning events cannot be premiered on the multi-channel. This requirement is
equivalent to the restriction under Schedule 2 to the bill against premiering anti-
siphoning events on HDTV multi-channels.
Schedule 3 also provides a statutory review of the anti-siphoning scheme prior to 31
December 2009. This review is timed to occur prior to the expiration of the current
anti-siphoning list on 31 December 2010 and in the context of digital switchover.
This review would include consideration of the restrictions on commercial and
national broadcasters televising events on the anti-siphoning list on new digital multi-
channels.
Broadcasting Services Act 1992
Item 1 - Subsection 6(1) (paragraph (b) of the definition of commercial
television broadcasting licence)
Item 1 of Schedule 3 makes a technical amendment consequential to Item 3 of
Schedule 3.
Item 2 - After subsection 18(1A)
Item 2 of Schedule 3 inserts new subsection 18(1AA), which clarifies that a SDTV
multi-channelled commercial television broadcasting service is not an open
narrowcasting service. This new provision is equivalent to existing subsection 18(2),
which relates to SDTV multi-channels provided by national broadcasters.
Item 3 - After section 41A
Item 3 of Schedule 3 inserts new sections 41B and 41C of the BSA.
New section 41B provides that, during the simulcast period, an existing commercial
television broadcasting licence will authorise the licensee to provide:
� the core service, which is either simulcast in analogue and digital mode in
accordance with Schedule 4 of the BSA or is the initial SDTV service provided
by a licensee allocated a licence after 1 January 2007;
� a HDTV multi-channel; and
� a SDTV multi-channel (new subsection 41B(1)).
In relation to new commercial television broadcasting licences issued after 1 January
2009, which will be digital-only licences, the licence authorises the transmission of:
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� two SDTV multi-channels; and
� a HDTV multi-channel (new subsection 41B(2)).
Any new commercial television broadcasting licences issued after 2009 required to be
digital only licences and therefore will not have simulcast obligations (and a `core'
channel) (see new subsection 35B(4) of the BSA, inserted by Item 8 of Schedule 2).
Allowing new licensees to provide two SDTV and one HDTV multi-channels will
equate to allowing a core SDTV channel, an SDTV multi-channel and a HDTV multi-
channel. One of the SDTV multi-channels will be designated as a `primary' multi-
channel, which will be permitted to premiere anti-siphoning content (like a core
channel).
New section 41C provides that, after the simulcast period, both existing and new
commercial television broadcasting licences will authorise the licensee to provide:
� one or more HDTV multi-channels; and
� one or more SDTV multi-channel (new subsections 41C(1) and (2)).
Thus, new section 41C ensures that the only limitation on the number of multi-
channels that may be provided from the end of the simulcast period is the capacity of
spectrum. The broadcaster will still only be authorised to use a single 7MHz of
spectrum to provide their services (the frequency channel specified in their transmitter
licence under the RA).
New sections 41B and 41C do not apply in relation to licences issued under
subsection 40(1) (new subsection 41B(3) and 41C(3)). Licences issued under
subsection 40(1) are allocated on the basis of one service per licence (Item 4D of
Schedule 2).
Item 4 - After section 115
Item 4 of Schedule 3 inserts new section 115A of the BSA.
New section 115A requires the Minister for Communications, Information
Technology and the Arts (the Minister) to cause a review of the ongoing rationale for
and operation of the anti-siphoning regime to be conducted before 31 December
2009. The review is timed to occur prior to the expiration of the current anti-
siphoning list on 31 December 2010 and in the context of digital switchover. The
review is required to include consideration of the restrictions on commercial and
national broadcasters televising events on the anti-siphoning list on new digital multi-
channels (New Part 4A of Schedule 4).
Once the review is complete, a report must be prepared and the Minister is required to
table the report in Parliament within 15 sitting days of completion of the report (new
subsections 115A(2) and (3)).
Item 5 - Paragraph 7(1)(m) of Schedule 2
Item 5 of Schedule 3 is consequential to Item 3 of Schedule 3.
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Item 6 - Paragraph 7(1)(ob) of Schedule 2
Item 6 makes a technical amendment consequential to Item 14 of Schedule 3.
Item 7 - Clause 2 of Schedule 4
Item 8 - Clause 2 of Schedule 4
Items 7 and 8 of Schedule 3 insert new definitions of "primary commercial television
broadcasting service" and "primary national television broadcasting service". These
Items are consequential to Items 14, 15 and 16 of Schedule 3.
Item 9 - Clause 2 of Schedule 4
Item 9 of Schedule 3 is consequential to Item 10 of Schedule 3.
Item 10 - After clause 5 of Schedule 4
Item 10 inserts new clause 5A of Schedule 4. New clause 5A defines the phrase
"SDTV multi-channelled commercial television broadcasting service". This
amendment is consequential to Item 3.
Item 11 - After subclause 6(7J) of Schedule 4
Item 11 of Schedule 3 makes a technical amendment consequential to Item 3.
Item 12 - After subclause 9(1A) of Schedule 4
Item 12 of Schedule 3 inserts new subclause 9(1AA) of Schedule 4, which provides
that holders of commercial television broadcasting licences are not required to submit
implementation plans to the ACMA in relation to a SDTV multi-channel.
Item 13 - After subclause 38(4)
Item 13 of Schedule 3 inserts new subclause 38(4A) of Schedule 4 to the BSA.
New subclause 38(4A) of Schedule 4 inserts an exemption from captioning
requirements for certain commercial television broadcasting licensees, ie those
operating under licences issued after 1 January 2009 and providing HDTV and SDTV
multi-channels during the simulcast period (unless the programming has previously
been transmitted on the licensee's primary commercial television broadcasting
service). This exemption is equivalent to the rule in subclause 38(4) for licensees
who provide a core service (see Item 85 of Schedule 2).
Item 14 - Before clause 41C of Schedule 4
Item 14 inserts new clauses 41A and 41B of Schedule 4 to the BSA.
New clause 41A applies to commercial television broadcasters during the simulcast
period where the broadcaster provides either a simulcast SDTV and analogue service
or a single SDTV multi-channel (the core service) (new subclause 41A(1) of Schedule
4). A commercial television broadcaster must not televise the whole of an anti-
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siphoning event on a SDTV multi- channelled commercial television
broadcasting service unless:
� the commercial television broadcaster has previously televised the whole anti-
siphoning event on the core service; or
� the commercial television broadcaster will televise the whole anti-siphoning event
simultaneously on both the core service and the SDTV multi-channel (new
subclause 41A(2) of Schedule 4).
Similarly, a commercial television broadcaster must not televise a part of an anti-
siphoning event on a SDTV multi-channelled commercial television broadcasting
service unless:
� the commercial television broadcaster has previously televised that part of the
anti-siphoning event on the core service;
� the commercial television broadcaster will televise that part of the anti-siphoning
event simultaneously on both the core service and the SDTV multi-channel; or
� the commercial television broadcaster televises the part of the anti-siphoning
event as part of a news or current affairs program (new subclause 41A(3) of
Schedule 4).
It is intended that the exception in relation to televising parts of anti-siphoning events
in news or current affairs programs will permit commercial television broadcasters to
transmit a news and current affairs program with a sports segment on the SDTV
multi-channel, and that the sports segment may include televised excerpts from anti-
siphoning events. However, this exception would not cover, for example, a sports
highlights program which televised significant excerpts from previously un-televised
anti-siphoning events, broken only by short commentary segments.
New clause 41B of Schedule 4 applies during the simulcast period where the
broadcaster does not provide a core service. For new licences allocated after 1
January 2009, the licensee may provide two SDTV multi-channels. As a
consequence, the broadcaster will not have a core service. Rather, the ACMA will
designate one of the SDTV multi-channels as the primary service provided by the
broadcaster (Item 15, new clause 41G of Schedule 4).
New clause 41B provides that a commercial television broadcaster must not televise
the whole of an anti-siphoning event on a secondary SDTV multi-channelled
commercial television broadcasting service unless:
� the commercial television broadcaster has previously televised the anti-siphoning
event on the primary service; or
� the commercial television broadcaster will televise the anti-siphoning event
simultaneously on both the primary service and the secondary SDTV multi-
channel (new subclause 41B(2) of Schedule 4).
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Similarly, a commercial television broadcaster must not televise a part of an
anti-siphoning event on a secondary SDTV multi-channelled commercial television
broadcasting service unless:
� the commercial television broadcaster has previously televised that part of the
anti-siphoning event on the primary service;
� the commercial television broadcaster will televise that part of the anti-siphoning
event simultaneously on both the primary service and the secondary SDTV multi-
channel; or
� the commercial television broadcaster televises the part of the anti-siphoning
event as part of a news or current affairs program (new subclause 41A(3) of
Schedule 4).
Item 15 - After clause 41C of Schedule 4
Item 15 of Schedule 3 inserts new clauses 41D, 41E, 41F, and 41G of Schedule 4.
New clause 41D imposes an equivalent rule in relation to the HDTV multi-channel
provided by a commercial television broadcasting licensee to the rule in new clause
41B (Item 14).
New clause 41E imposes an equivalent rule in relation to the provision of SDTV
multi-channels by commercial television broadcasting licensees after the end of the
simulcast period to the rule in new clauses 41B and 41D.
New clause 41F imposes an equivalent rule in relation to the provision of HDTV
multi-channels by commercial television broadcasting licensees after the end of the
simulcast period to the rule in new clause 41E.
New clause 41G provides that the ACMA may, by legislative instrument, determine
which SDTV multi-channel provided by a commercial television broadcasting
licensee is the primary service for the purposes of the anti-siphoning restrictions.
Item 16 - After clause 41J of Schedule 4
Item 16 of Schedule 3 inserts new clauses 41K, 41L, and 41M of Schedule 4 to the
BSA.
New clause 41K imposes an equivalent restriction on the televising by national
broadcasters of events on the anti-siphoning list on SDTV multi-channels after the
end of the simulcast to the restriction on commercial television broadcasters in new
clause 41E (Item 15 of Schedule 3). Anti-siphoning events must be broadcast first on
the "primary national television broadcasting service" (see new clause 41M).
New clause 41L imposes an equivalent restriction on the televising by national
broadcasters of events on the anti-siphoning list on HDTV multi-channels after the
end of the simulcast to the restriction on commercial television broadcasters in new
clause 41F (Item 15 of Schedule 3). Anti-siphoning events must be broadcast first on
the "primary national television broadcasting service" (see new clause 41M).
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New clause 41M provides that national broadcasters must give the Minister a
notice in writing declaring which SDTV multi-channel provided by the broadcaster is
the primary service for a coverage area (new clause 41M(1)). National broadcasters
are obliged to ensure that a notice is in force at all times after the end of the simulcast
period for a coverage area (new clause 41M(2)).
Radiocommunications Act 1992
Item 17 - After section 102AA
Item 17 inserts new sections 102AB and 102AC of the RA.
The effect of new 102AB of the RA is that a transmitter licence authorising the
transmission of a commercial television broadcasting service in digital mode will also
authorise the transmission of the single SDTV multi-channel provided by the
commercial television broadcaster during the simulcast period (or the simulcast-
equivalent period if there is no simulcast period for the licence area).
New 102AC of the RA provides that a transmitter licence issued to the a commercial
television broadcasting licensee under section 102 to authorise the transmission one
or more commercial television broadcasting services will also authorise the
transmission of SDTV multi-channels and HDTV multi-channels provided by the
commercial television broadcaster after the simulcast period for the licence area.
Similar provision is made for existing transmitter licences to authorise the
transmission of multi-channels (both SDTV and HDTV) by the national broadcasters
(see section 100D of the RA, as amended by Items 15-19 of Schedule 1, and new
section 100E of the RA, inserted by Item 89 of Schedule 2).
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