Explanatory Statement

Issued by the authority of the Australian Communications and Media Authority

DIGITAL TELEVISION COMMENCEMENT DATE (SOUTH WEST AND GREAT SOUTHERN TV1 LICENCE AREA) DETERMINATION 2009

Commercial Television Conversion Scheme 1999

Background, purpose and legislative basis

This document provides an explanation of the Digital Television Commencement Date (South West and Great Southern TV1 Licence Area) Determination 2009 (the Determination), which has been made under subsection 138(1) of the Commercial Television Conversion Scheme 1999 (the Scheme).

The Scheme is made under subclause 6(1) of Schedule 4 to the Act which requires the Australian Communications and Media Authority (ACMA) to formulate a scheme for the gradual conversion of the transmission of commercial television broadcasting services from analog mode to digital mode.

The Scheme is divided into two Parts (Part A and Part B).  Part A applies to commercial television broadcasting services in non-remote (i.e. regional and metropolitan) licence areas, and Part B applies to remote licence areas.  Each Part contains rules for:

·        the creation of digital channel plans by ACMA, which allot digital channels to holders of existing commercial television broadcasting licences for the transmission of their services in digital mode;

·        the preparation  of implementation plans by holders of a commercial television broadcasting licence which outlines the introduction of commercial television broadcasting services in digital mode;

·        test transmissions of digital services; and

·        other matters necessary for the conversion of the transmission of commercial television broadcasting services from analog to digital mode.

Subsection 138(1) of the Scheme requires ACMA to determine a date for each remote licence area by which each holder of a commercial television broadcasting licence for that area is required to commence transmitting the relevant commercial television broadcasting service in SDTV digital mode. Under subsection 138(2), ACMA must consult with all holders of a commercial television broadcasting licence in the relevant remote licence area before determining a date for the area, and must have regard to any comments it receives during the consultation.

Subsection 138(3) of the Scheme specifies that the date determined by ACMA under subsection 138(1) must be later than the day when ACMA makes the determination, and subsection 138(4) specifies that ACMA must publish the determination as soon as practicable after making it.

There are five remote commercial television licence areas in Western Australia:

●        Remote and Regional Western Australia TV1;

●        Geraldton TV1;

●        Kalgoorlie TV1;

●        South West and Great Southern TV1 (SWGS); and

●        Western Zone TV1.

Each is a remote licence area in accordance with the Determination of Remote Licence areas made under subclause 5(1) of Schedule 4 to the Act by the Australian Broadcasting Authority on 14 December 2000.

The Determination under subsection 138(1) of the Scheme sets 30 June 2009 as the date by which the holder of the incumbent commercial television broadcasting licence for the SWGS licence area is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area.

Note that on 11 June 2009 ACMA allocated an additional commercial television broadcasting licence for the SWGS licence area, under subsection 38B(5) of the Act. However, the holder of this licence has special rules about the commencement of transmission of a service in digital mode under the licence.

Consultation

ACMA consulted with representatives from the holder of the commercial television broadcasting service licence for the relevant licence area, Golden West Network Pty Ltd (GWN).

Comments made during this consultation process have been considered prior to the Determination being made. GWN indicated during the consultation process that the date determined was appropriate.

Regulatory Impact

ACMA has undertaken a regulatory impact analysis process and considers that the Determination is likely to have no or low impact on business or the economy and is not anti-competitive. Consequently, neither a Regulation Impact Statement, nor a Business Cost Calculator Report, is considered necessary in relation to the regulatory proposal.  The reference number for the regulatory impact analysis process is ACMA 097.

Commencement

In accordance with section 2, the Determination will commence the day after it is registered on the Federal Register of Legislative Instruments.

Notes on the Determination

Section 1 – Name of Determination

This section sets out the title of the Determination.

Section 2 – Commencement

This section provides that the Determination commences the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Definitions

This section sets out definitions of terms used in the Determination.

Section 4 – Determination – subsection 138 (1) of the Scheme

This section determines that, under subsection 138(1) of the Scheme, the date by which each commercial television broadcasting licence holder for the SWGS licence area is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode is 30 June 2009. This is also the start of the simulcast period for the SWGS licence area (see section 139 of the Scheme).