2004-2005 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 (Communications, Information Technology and the Arts) A Bill for an Act to amend the law relating to broadcasting, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 1 Schedule 1--Commercial television in remote licence areas 3 Broadcasting Services Act 1992 3 Radiocommunications Act 1992 6 i Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 [Page Break] 1 broadcasting, and for related purposes 2 The Parliament of Australia enacts: 3 1 Short title 4 This Act may be cited as the Broadcasting Legislation Amendment 5 Act (No. 1) 2005. 6 2 Commencement 7 This Act commences on the day after it receives the Royal Assent. 8 3 Schedule(s) 9 Each Act that is specified in a Schedule to this Act is amended or 10 repealed as set out in the applicable items in the Schedule 11 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 1 [Page Break] 1 according to its terms. 2 2 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 [Page Break] 1 Schedule 1--Commercial television in remote 2 licence areas 3 4 Broadcasting Services Act 1992 5 1 After subsection 38B(14) 6 Insert: 7 (14A) If a determination is made under subsection (14) for 2 licence areas 8 that are remote licence areas (within the meaning of Schedule 4) 9 because of paragraph (14)(b), this section applies as if the single 10 licence area referred to in subsection (14) were the licence area that 11 is entirely within the other licence area. 12 2 After subsection 38B(21) 13 Insert: 14 (21A) The condition specified in subsection (21B) applies if: 15 (a) a commercial television broadcasting licence is allocated to a 16 joint-venture company under subsection (5); and 17 (b) the licence is transferred to another company (the transferee 18 company); and 19 (c) an election is in force under subclause (7B) of Schedule 4 in 20 relation to one or both of the commercial television 21 broadcasting services provided under the licences referred to 22 in subsection (1) as the parent licences. 23 (21B) The licence held by the transferee company is subject to the 24 condition that the transferee company will continue to transmit a 25 commercial television broadcasting service provided under a 26 parent licence in relation to which that election is in force. 27 3 At the end of section 38B 28 Add: 29 (29) For the licence areas in Western Australia that are remote licence 30 areas (within the meaning of Schedule 4), the time determined 31 under subsection (27) must be no later than 1 January 2006. 32 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 3 [Page Break] 4 Clause 2 of Schedule 4 1 Insert: 2 exempt licence means a commercial television broadcasting 3 licence allocated under section 38B for a remote licence area. 4 5 Clause 2 of Schedule 4 5 Insert: 6 exempt remote area service has the meaning given by subclause 7 6(7F). 8 6 Clause 2 of Schedule 4 9 Insert: 10 parent licence means a commercial television broadcasting licence 11 referred to in subsection 38B(1) as a parent licence. 12 7 After subclause 6(7A) of Schedule 4 13 Insert: 14 Special rules for section 38B licences in remote licence areas 15 (7B) Special rules apply to an exempt remote area service for a remote 16 licence area for which an exempt licence has been allocated if 17 written notice is given to the ACMA electing that this subclause 18 applies by: 19 (a) the 2 existing licensees for that licence area (where the 20 exempt licence is allocated to a joint-venture company under 21 subsection 38B(5)); or 22 (b) the licensee to whom the exempt licence is allocated (where 23 the exempt licence is allocated under subsection 38B(6), (7), 24 (8) or (9)). 25 The notice must be given at or about the time when the exempt 26 licence was allocated. 27 (7C) The election remains in force for a company until: 28 (a) it is revoked, by written notice given to the ACMA, by: 29 (i) a company that made the election; or 30 (ii) if the election was made in relation to an exempt licence 31 allocated under subsection 38B(5) and a parent licence 32 4 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 [Page Break] has been transferred--by the licensee of the parent 1 licence; or 2 (iii) if the election was made in relation to an exempt licence 3 allocated under subsection 38B(6), (7), (8) or (9) and the 4 exempt licence has been transferred--by the licensee of 5 the exempt licence; and 6 (b) the ACMA approves the revocation in writing. 7 (7D) If the ACMA is satisfied that there is sufficient radiofrequency 8 spectrum available, the ACMA must, by notice in writing: 9 (a) approve the revocation; and 10 (b) specify a day from which the revocation takes effect; and 11 (c) vary the relevant digital channel plan under the commercial 12 television conversion scheme to allot a channel to the 13 licensee applying for the revocation. 14 (7E) The ACMA may, before the day specified under 15 paragraph (7D)(b), by notice in writing, vary the day from which 16 the revocation takes effect. 17 (7F) An exempt remote area service for a remote licence area is: 18 (a) each of these: 19 (i) a commercial television broadcasting service provided 20 by a joint-venture company under an exempt licence 21 that was allocated to the company under subsection 22 38B(5) for that licence area; and 23 (ii) the commercial television broadcasting services 24 provided under the parent licences for that licence area; 25 or 26 (b) each of these: 27 (i) a commercial television broadcasting service provided 28 by a licensee under an exempt licence that was allocated 29 to the licensee under subsection 38B(6), (7), (8) or (9) 30 for that licence area; and 31 (ii) the other commercial television broadcasting service 32 provided by that licensee for that licence area; or 33 (c) a commercial television broadcasting service provided by a 34 licensee under an exempt licence for that licence area that is 35 transferred to the licensee; or 36 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 5 [Page Break] (d) a commercial television broadcasting service provided under 1 a parent licence for that licence area that is transferred to the 2 licensee. 3 (7G) Subclauses (7) and (7A) do not apply to an exempt remote area 4 service provided under an exempt licence while an election under 5 subclause (7B) is in force for the service. 6 (7H) Part B of the commercial television conversion scheme must be 7 directed towards ensuring the achievement of the policy objective 8 that each exempt remote area service for a remote licence area 9 should be authorised to be transmitted in SDTV digital mode using 10 multi-channelling transmission capacity while an election under 11 subclause (7B) is in force for the service. 12 8 At the end of clause 37G of Schedule 4 13 Add: 14 (4) Standards about HDTV digital mode of the kind referred to in 15 subclause (1) or (2), whether determined under this clause or under 16 another provision of this Act, do not apply to an exempt remote 17 area service if an election under subclause 6(7B) is in force for the 18 service. 19 Radiocommunications Act 1992 20 9 After subsection 102(2A) 21 Insert: 22 (2B) Despite subsection (1), the ACMA is not required to issue a new 23 transmitter licence for a commercial television broadcasting 24 service if: 25 (a) the service is provided under a licence that was allocated 26 under subsection 38B(6), (7), (8) or (9) of the Broadcasting 27 Services Act 1992; and 28 (b) a multi-channelling election is in force for the relevant 29 remote area service. 30 (2C) The operation of a transmitter or transmitters for transmitting the 31 commercial television broadcasting service under that commercial 32 television broadcasting licence is, if a multi-channelling election is 33 in force for the relevant remote area service, taken to be authorised 34 6 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 [Page Break] by the transmitter licence held by the company that made the 1 election for the relevant licence area. 2 (2D) If the ACMA approves the revocation of the multi-channelling 3 election, the ACMA must issue a new transmitter licence to the 4 licensee that revoked the election authorising the operation of a 5 transmitter or transmitters for transmitting the commercial 6 television broadcasting service provided under the licence for 7 which that election was made. 8 (2E) The new licence comes into force on the day from which the 9 revocation takes effect. 10 (2F) A transmitter licence issued under subsection (1) to a joint-venture 11 company that is allocated a commercial television broadcasting 12 licence under subsection 38B(5) of the Broadcasting Services Act 13 1992 is, if a multi-channelling election is in force for the relevant 14 remote area service, taken to authorise the operation of the 15 transmitter or transmitters concerned for transmitting: 16 (a) the commercial television broadcasting service provided 17 under that commercial television broadcasting licence; and 18 (b) the commercial television broadcasting services provided by 19 either or both of the 2 existing licensees referred to in 20 subsection 38B(1) of that Act for the relevant licence area. 21 10 At the end of section 102 22 Add: 23 (6) In this section and section 102A: 24 exempt remote area service has the same meaning as in Schedule 4 25 to the Broadcasting Services Act 1992. 26 multi-channelling election means an election under subclause 27 6(7B) of Schedule 4 to the Broadcasting Services Act 1992. 28 11 After subsection 102A(2A) 29 Insert: 30 (2B) The operation of a transmitter or transmitters for transmitting a 31 commercial television broadcasting service in digital mode under a 32 licence allocated under subsection 38B(6), (7), (8) or (9) of the 33 Broadcasting Services Act 1992 to an existing licensee is, if a 34 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005 7 [Page Break] multi-channelling election is in force for the relevant exempt 1 remote area service, taken to be authorised by the transmitter 2 licence held by the licensee for the relevant licence area. 3 (2C) The holder of a transmitter licence issued under this section must 4 surrender the licence if: 5 (a) a commercial television broadcasting licence is allocated 6 under subsection 38B(5) of the Broadcasting Services Act 7 1992; and 8 (b) the holder is one of the 2 existing licensees referred to in 9 subsection 38B(1) of that Act; and 10 (c) a multi-channelling election is made for the relevant exempt 11 remote area service. 12 (2D) If the ACMA approves the revocation of a multi-channelling 13 election for a licensee, the ACMA must issue a new transmitter 14 licence to the licensee that revoked the election authorising the 15 operation of a transmitter or transmitters for transmitting the 16 commercial television broadcasting service provided by the 17 licensee in digital mode. 18 (2E) The new licence comes into force on the day from which the 19 revocation takes effect. 20 8 Broadcasting Legislation Amendment Bill (No. 1) 2005 No. , 2005