DIGITAL TV REGULATORY REVIEWS TO COMMENCE

10 May 2004
61/04

The Australian Government will conduct a number of reviews to help evaluate progress in implementing digital television and the effectiveness of the current regulatory framework.

Several reviews of digital broadcasting policy are required to be conducted by 1 January 2005 under the Broadcasting Services Act (1992) (BSA).

The specific statutory reviews will be grouped into four broad thematic reviews, with these reviews to be rolled out over the remainder of 2004.

The first thematic review will examine additional programming provided by free-to-air broadcasters, including multichannelling. It will examine whether the prohibition on free-to-air broadcasters offering other types of services, such as pay TV channels, should be modified.

The second review will cover matters relating to the end of the moratorium on the issue of new commercial television broadcasting licences, which concludes on 31 December 2006.

The issuing of commercial television licences has historically been a matter for Government. Given that this is an important question of public policy, the Government intends to amend the current legislative arrangements which give the Australian Broadcasting Authority (ABA) the power to allocate new commercial television broadcasting licences so that the power is vested in the Government. This review will provide an opportunity to consider how the change should be implemented.

While current arrangements for the three existing commercial licences appear to be working well in providing free-to-air television, the question of issuing any further licences after 2006 will be a question for the government of the day.

The second review will also focus on arrangements for conversion of any datacasting licences to other broadcasting types and consideration of the licence conditions that should apply to any new commercial television licences.

A third review will examine the efficient allocation of spectrum for digital television.

And the fourth thematic review will examine parts of the legislation related to under-served markets. At present, special provisions and exemptions in relation matters such as commercial television broadcasting licences and HDTV requirements apply to markets with only one or two commercial television broadcasters.

In addition, reviews of high definition digital TV requirements and a review of the duration of the digital simulcast period will be conducted by mid-2005 and the beginning of 2006 respectively.

A stand-alone review into the viability of creating an indigenous broadcasting service is also required and will commence today.

All of these reviews will be conducted by the Department of Communications, Information Technology and the Arts (DCITA) and discussion papers will be released for comment for each thematic review.

I encourage all stakeholders and interested members of the community to participate in these reviews to ensure that their views and interests are taken into account.

Discussion papers for the review of multichannelling and other additional programming and for the review into the viability of an indigenous broadcasting service are available from the Consultation link on the Broadcasting home page at www.dcita.gov.au.

Discussion papers for the other thematic reviews will be made available over the coming months. A full list of the reviews required under the BSA is attached.

Media Contact: Carina Tan-Van Baren (02) 6277 7480 or 0439 425 373

REVIEWS REQUIRED UNDER THE BROADCASTING SERVICES ACT 1992

Reviews (under cl 60 of Schedule 4 of the BSA) to be conducted by 1 January 2005

First review

• Whether the requirement that a commercial broadcaster must broadcast the same program in both analog and digital mode during the simulcast period should be amended or repealed. ( Para 60(1)(b))
• Whether the prohibition on the provision of subscription television services by commercial or national broadcasters, and of other kinds of broadcasting services currently not permitted, should be amended or repealed. ( Para 60(1)(c))

Second review

• The competitive and regulatory arrangements that should apply to a datacasting transmitter (under a datacasting transmitter licence) to transmit licensed broadcasting services on or after 1 January 2007. ( Para 60(1)(h))

• The revenues to be raised by the Commonwealth in connection with the operation of a datacasting transmitter licences to transmit licensed broadcasting services on or after 1 January 2007. ( Para 60(1)(i))

• The conditions that should apply to commercial television broadcasting licences on or after 1 January 2007 for the provision of commercial television broadcasting services. ( Para 60(1)(j))

Third review

• Whether all parts of the broadcasting services bands available for allocation for broadcasting or datacasting services have been identified. ( Para 60(1)(e))

• Whether all parts of the broadcasting services bands have been efficiently structured. ( Para 60(1)(f))

Fourth review

• Whether provisions of the BSA relating to additional commercial television broadcasting licences in underserved areas, including the exemptions from HDTV requirements for multichannelled services, should be amended or repealed. ( Para 60(1)(g))

Indigenous Broadcasting Review

• The viability of creating an indigenous television broadcasting service and the regulatory arrangements that should apply to the digital transmission of such a service using spectrum in the broadcasting services bands. ( Para 60(1)(k))

Reviews (under cl 60A of Schedule 4 to the BSA) be conducted by 1 July 2005

• Whether Division 2 of Part 4 of Schedule 4 to the BSA (dealing with HDTV quotas) should be amended or repealed, including.

• The regulatory arrangements that should apply to commercial and national broadcasters in respect of HDTV transmissions in remote areas.

Review by 1 January 2006 (cl 60B of Schedule 4 to the BSA)

• Review of the duration of the simulcast period.