Commonwealth of Australia Explanatory Memoranda

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BROADCASTING SERVICES AMENDMENT (DIGITAL TELEVISION AND DATACASTING) BILL 2000


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


OUTLINE

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)).

FINANCIAL IMPACT


It is expected that the proposed amendments will not have a significant impact on Commonwealth expenditure or revenue.

NOTES ON AMENDMENTS


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.

Amendment (2)


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)).

Amendment (3)


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.

Amendment (4)


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)).

Amendment (5)


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.

Amendment (6)


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.

Amendment (7)


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.

Amendment (8)


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.

Amendment (9)


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.

Amendment (10)


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.

Amendment (11)


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.

Amendment (12)


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.

Amendment (13)


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.

Amendments (14) to (16)


These amendments make minor changes consequential upon amendment (11).

 


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