Commonwealth Numbered Regulations - Explanatory Statements

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BROADCASTING SERVICES (DIGITAL TELEVISION STANDARDS) AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 335

Statutory Rules 2002 No. 335

Issued by the authority of the Minister for Communications, Information Technology and the Arts

Broadcasting Services Act 1992

Broadcasting Services (Digital Television Standards) Amendment Regulations 2002 (No. 1)

Section 217 of the Broadcasting Services Act 1992 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted to be prescribed by the Act, or necessary and convenient to be prescribed for carrying out or giving effect to the Act.

Clauses 37E and 37F in Schedule 4 of the Act require that regulations be made that determine standards which are directed towards ensuring that commercial television broadcasting licensees and national broadcasters, respectively, simulcast an amount of high definition television (HDTV) programming during the simulcast period.

The simulcast period is set for each licence area (in the case of commercial broadcasters) or coverage area (in the case of national broadcasters) by the Australian Broadcasting Authority (the ABA) under the authority of clauses 6 and 19 of Schedule 4 to the Act. During the simulcast period each broadcaster must simultaneously transmit analog and digital versions of their service.

Subclauses 37E(2A) and 37F(2A), recently inserted into Schedule 4 of the Act by the Broadcasting Legislation Amendment Act (No. 1) 2002, provide that the HDTV obligations now commence:

•       after the end of the 2-year period beginning when the licensee (or national broadcaster) in the area is required to commence transmitting the commercial television broadcasting service (or national television broadcasting service) concerned in SDTV mode in that area; or

•       from 1 July 2003;

whichever is the later.

Schedules 1 and 2 of the Broadcasting Services (Digital Television Standards) Regulations 2000 require each commercial and national broadcaster, except in specified, very limited circumstances, to:

(a)       transmit an HDTV version of the service, in addition to transmitting an SDTV (standard definition television) version of their service;

(b)       commence transmitting the HDTV version of their service as soon as practicable after they commence transmitting the SDTV version of their service, and in any event within 2 years of the commencement of the simulcast period;

(c)       from 2 years after the commencement of the simulcast period, transmit at least 20 hours of HDTV programs each week on the HDTV version of their service (the HDTV quotas).

The Broadcasting Services (Digital Television Standards) Amendment Regulations 2002 (No. ) amend the standards for HDTV quotas for commercial television broadcasters and national broadcasters in non-remote areas to give effect to the changes to the legislative requirements in relation to the commencement of the HDTV quotas reflected in the Broadcasting Legislation Amendment Act (No. 1) 2002.

These changes have the effect of delaying the commencement of the HDTV transmission and quota obligations on commercial television broadcasting licensees and national broadcasters in mainland State capitals from 1 January 2003 to 1 July 2003. The sixth-month delay will allow the Government to consider legislative amendments to annualise the HDTV quota obligations, and to consider broader changes to the digital television regulatory regime. The amendments do not change the commencement of the HDTV obligations in areas outside mainland State capitals.

Details of the regulations appear in the attachment.

The regulations commence on 1 January 2003.

ATTACHMENT

NOTES ON CLAUSES

1 - Name of Regulations

Clause 1 provides for the citation of the Broadcasting Services (Digital Television Standards) Amendment Regulations 2002 (No. 1) (the Regulations).

2 - Commencement

Clause 2 provides that the Regulations will commence on 1 January 2003.

3 - Amendment of Broadcasting Services (Digital Television Standards) Regulations 2000

By virtue of this clause, the provisions of the Broadcasting Services (Digital Television Standards) Regulations 2000 are amended as set out in the Schedule to the Regulations.

Schedule 1 - Amendments

[1] - Schedule 1, after clause 2

[2] - Schedule 1, paragraph 3 (b)

[3] - Schedule 1, clause 4

The effect of the amendments made by items 1, 2 and 3 is to delay the commencement of the HDTV transmission and quota obligations on commercial television broadcasting licensees in mainland State capitals from 1 January 2003 to 1 July 2003. The amendments do not change the commencement of the HDTV obligations in areas outside mainland State capitals, because the simulcast periods in these areas have not yet commenced.

Item 1 inserts new clause 2A, which defines the "phase-in day" as the later of 30 June 2003, and the day 2 years after the day on which the licensee is required to commence transmission in SDTV digital mode.

Item 2 amends paragraph 3(b) of Schedule 1. Clause 3 requires a commercial television licensee to commence transmitting the HDTV version of the service as soon as practicable after the licensee begins to transmit the SDTV version of the service (paragraph 3(a)), and, in any event, within 2 years following the start of the simulcast period (paragraph 3(b)).

Item 2 replaces the reference in paragraph 3(b) to the 2-year period with a reference to the "phase-in day", which is defined in new clause 2A.

Item 3 amends clause 4 of Schedule 1. Clause 4 requires commercial television licensees to begin transmitting at least 20 hours per week of HDTV programming 2 years after the start of the simulcast period.

Item 3 replaces the reference in clause 4 to the 2-year period with a reference to the "phase-in day", which is defined in new clause 2A.

[4] - Schedule 2, after clause 2

[5] - Schedule 2, paragraph 3 (b)

[6] - Schedule 2, clause 4

Items 4, 5 and 6 amend the HDTV regulations for national broadcasters in Schedule 2 in a corresponding way to the amendments made by items 1, 2 and 3 to the regulations for commercial television broadcasting licensees.