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1998-1999-2000
THE PARLIAMENT OF THE
COMMONWEALTH OF
AUSTRALIA
SENATE
BROADCASTING
SERVICES AMENDMENT (DIGITAL TELEVISION AND DATACASTING) BILL
2000
SUPPLEMENTARY EXPLANATORY
MEMORANDUM
Amendments on Sheet ER232 to be moved on behalf
of the
Government
(Circulated by
authority of the Minister for Communications, Information Technology and the
Arts, Senator the Hon Richard Alston)
ISBN: 0642 439273
BROADCASTING SERVICES AMENDMENT (DIGITAL TELEVISION AND
DATACASTING) BILL 2000
Amendments on Sheet ER232 to be moved on
behalf of the Government
The amendments on Sheet ER232 amend the Broadcasting Services Amendment
(Digital Television and Datacasting) Bill 2000 to:
• give the ABA a
clearer objective about planning the most efficient use of the spectrum, in
allotting channels under a television conversion scheme or a digital channel
plan (Amendments (2) to (5));
• require transmission standards that
deal with application program interfaces to be directed towards the objective
that those interfaces should be open to all providers of eligible datacasting
services (Amendments (6), (7), (9) and (10));
• require the
Minister, before 31 October 2000, to cause a review to be conducted
of:
- whether the ABA has sufficient powers to allow the most efficient
use of the broadcasting services bands spectrum; and
- if those powers
are insufficient, what additional powers should be provided for in the laws of
the Commonwealth (Amendments (1) and (8));
• prevent the ABA
notifying a longer period within which a datacasting service can commence,
unless satisfied that there are exceptional circumstances that warrant the
longer period (Amendment (12)); and
• require a datacasting
transmitter licensee, once it has commenced to transmit a datacasting service,
to continue to transmit such a service until 1 January 2007 (with any
interruptions to transmission to total no more than 180 days, unless the ABA is
satisfied that there are exceptional circumstances that warrant a greater number
of days) (Amendments (11) and (13) to (16)).
It is expected that the proposed amendments will not have a significant
impact on Commonwealth expenditure or revenue.
Amendment (1)
This amendment includes references to proposed new item 137A in the
commencement provision of the Bill to ensure that the amendment which requires
the Minister, before 31 October 2000, to cause a review to be conducted of
whether the ABA has sufficient powers to allow the most efficient use of the
broadcasting services bands spectrum will commence on Royal Assent.
This amendment inserts a new item 85A in the Bill to add a further policy
objective of Part A of the commercial television conversion scheme. The new
item adds the objective that in allotting channels under the scheme or a digital
channel plan, the ABA must have regard to the need to plan the most efficient
use of the spectrum and the other relevant policy objectives of the scheme (for
example, the objectives relating to level of coverage and potential reception
quality in paragraph 6(3)(f)).
This amendment inserts a new item 86A in the Bill which will insert a new
subclause 6(5D) in Schedule 4 of the BSA. The new subclause makes it clear that
in determining the most efficient use of the spectrum for the purpose of various
provisions, the ABA is to have regard to the need for spectrum to be made
available for allocation for the purposes of the transmission of datacasting
services under, and in accordance with the conditions of, datacasting licences
and such other matters as the ABA considers relevant.
This amendment inserts a new item 107A in the Bill to add a further
policy objective of Part A of the national television conversion scheme. The
new item adds the objective that in allotting channels under the scheme or a
digital channel plan, the ABA must have regard to the need to plan the most
efficient use of the spectrum and the other relevant policy objectives of the
scheme (for example, the objectives relating to level of coverage and potential
reception quality in paragraph 19(3)(f)).
This amendment inserts a new item 107B in the Bill which will insert a
new subclause 19(5A) in Schedule 4 of the BSA. The new subclause makes it clear
that in determining the most efficient use of the spectrum for the purpose of
various provisions, the ABA is to have regard to the need for spectrum to be
made available for allocation for the purposes of the transmission of
datacasting services under, and in accordance with the conditions of,
datacasting licences and such other matters as the ABA considers
relevant.
Subclause 39(1) of Schedule 4 of the BSA enables the regulations to
determine technical standards relating to the transmission of commercial
television broadcasting services and national broadcasting services in digital
mode and are to be followed by the ABA in formulating or varying the television
conversion schemes.
This amendment modifies item 130 of the Bill to
insert a new subclause 39(2AA) in Schedule 4. The new subclause provides that
standards under subclause 39(1) to the extent they deal with application program
interfaces, must be directed towards the objective that those interfaces should
be open to all providers of eligible datacasting services.
This amendment inserts a new item 131A in the Bill which will insert a
new definition of “application program interface” in subclause 39(5)
of Schedule 4 of the BSA. The term is defined to have the meaning generally
accepted within the broadcasting industry.
This amendment inserts a new item 137A in the Bill. That item inserts a
new clause 59A in Schedule 4 of the Bill. The new clause will require the
Minister, before 31 October 2000, to cause a review to be conducted
of:
• whether the ABA has sufficient powers to allow the most
efficient use of the broadcasting services bands spectrum; and
• if
those powers are insufficient, what additional powers should be provided for in
the laws of the Commonwealth.
New clause 59A(2) requires the Minister to
ensure that in the conduct of the review there is public consultation and
consultation with national broadcasters and commercial television broadcasting
licensees.
The report of the review is required to be tabled in each
House of the Parliament.
Subclause 60(1) of proposed Schedule 6 of the BSA would enable the
regulations to determine technical standards relating to the transmission of
datacasting services. This amendment modifies clause 60 to insert a new
subclause 60(2A).
The new subclause provides that standards under
subclause 60(1), to the extent they deal with application program interfaces,
must be directed towards the objective that those interfaces should be open to
all providers of eligible datacasting services.
This amendment will insert a new definition of “application program
interface” in subclause 60(5) of proposed Schedule 6 of the BSA. The term
is defined to have the meaning generally accepted within the broadcasting
industry.
Item 25 of the Bill includes a proposed section 109A of the
Radiocommunications Act 1992, which sets out the conditions to which a
datacasting transmitter licence is subject.
This amendment inserts a
proposed new paragraph 109A(1)(ga) to require a datacasting transmitter
licensee, once it has commenced to transmit a datacasting service, to continue
to transmit such a service until 1 January 2007 (with any interruptions to
transmission to total no more than 180 days, unless the ABA notifies a greater
number of days).
Amendment (13) inserts a new subsection 109A(1B) which
would prevent the ABA notifying a greater number of days unless it is satisfied
that there are exceptional circumstances that warrant the greater number of
days.
Proposed paragraph 109A(1)(g) makes it a condition of a datacasting
transmitter licence that the licensee, or a person authorised to operate the
transmitter, will commence to transmit a datacasting service within one year
after the allocation of the licence or within such longer period as is notified
by the ABA.
This amendment inserts a new subsection 109A(1A) which would
prevent the ABA notifying a longer period within which a datacasting service can
commence, unless satisfied that there are exceptional circumstances that warrant
the longer period.
This amendment inserts a new subsection 109A(1B) which would prevent the
ABA notifying a greater number of days of allowed interruptions to transmission
unless it is satisfied that there are exceptional circumstances that warrant the
greater number of days.
These amendments make minor changes consequential upon amendment
(11).