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BROADCASTING SERVICES (DIGITAL TELEVISION STANDARDS) REGULATIONS 2000 2000 NO. 313

BROADCASTING SERVICES (DIGITAL TELEVISION STANDARDS) REGULATIONS 2000 2000 NO. 313

EXPLANATORY STATEMENT

Statutory Rules 2000 No. 313

Issued with the Authority of the Minister for the Arts and the Centenary of Federation

Broadcasting Services Act 1992

Broadcasting Services (Digital Television Standards) Regulations 2000

The Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 (the Digital Television Act) amends the Broadcasting Services Act 1992 (the Act) and the Radiocommunications Act 1992 to, among other things, make changes to the arrangements for the implementation of digital television in Australia.

Section 217 of 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 or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the regulations is to make standards for:

*       HDTV (high-definition digital television) transmission quotas for commercial television broadcasters and national broadcasters in non-remote areas (item 126 of Schedule 1 to the Digital Television Act refers); and

*       the captioning of television programs for the deaf and hearing impaired (clause 38 of Schedule 4 to the Act, and items 127 and 128 of Schedule 1 to the Digital Television Act, refer).

In relation to HDTV quotas, the regulations require each commercial and national broadcaster, except in specified, very limited circumstances, to:

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

*       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. and

(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.

In relation to captioning, the regulations require each commercial and national broadcaster to provide a captioning service for:

(a)       television programs transmitted during prime viewing hours; and

(b)       television news programs and television current affairs programs transmitted at any time.

The regulations provide exceptions to these captioning requirements for:

*       certain digital program enhancements;

*       programs or parts of programs in a language other than English, programs or parts of programs providing music without English words, and incidental or background music within a program; and

*       certain unscripted parts of news programs transmitted in regional licence areas.

Item 126 of Schedule 1 to the Digital Television Act (item 126) inserts clauses 37E and 37F into Schedule 4 to the Act. Item 126 will commence operation on a day to be fixed by Proclamation, subject to automatic commencement six months after Royal Assent (subsections 2(2) and (3) of the Digital Television Act). The Digital Television Act received Royal Assent on 3 August 2000.

When item 126 commences, subclause 37E(1) of Schedule 4 will require that regulations be made determining an HDTV transmission quota for commercial broadcasters in non-remote areas. Subclause 37F(1) of Schedule 4 will make corresponding provision for national broadcasters.

Clause 38 of Schedule 4 to the Act requires that regulations be made determining standards for commercial broadcasters and national broadcasters in relation to captioning of television programs for the deaf and hearing impaired. Items 127 and 128 of Schedule 1 to the Digital Television Act amend clause 38 to provide limited exemptions to the requirements. Items 127 and 128 will commence operation at the same time as item 126.

Section 4 of the Acts Interpretation Act 1901 provides for the exercise of statutory powers between passing and commencement of an Act.

Details of the regulations appear in the attachment.

Part 1 of the regulations commences on gazettal, and Part 2 commences on the commencement of item 126 of Schedule 1 to the Digital Television Act.

ATTACHMENT

DETAILS OF THE REGULATIONS

Part 1 - Preliminary

Regulation 1.01 - Name of Regulations

Regulation 1.01 provides that the name of the regulations is the Broadcasting Services (Digital Television Standards) Regulations 2000.

Regulation 1.02 - Commencement

Regulation 1.02 provides that Part 1 of the regulations commences on gazettal, and Part 2 and Part 3 commences on the commencement of item 126 of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000.

Regulation 1.03 - Definitions

Regulation 1.03 provides that for the purposes of the regulations:

-       the "Act" means the Broadcasting Services Act 1992.

-       "commercial television broadcasting licensee" and "licensee" mean the holder of a commercial television broadcasting licence.

Part 2 - HDTV quota standards

Regulation 2.01 - Non-remote areas - HDTV quotas for commercial television broadcasting licensees

Regulation 2.01 provides that the standards set out in Schedule 1 are made for the purposes of subclause 37E(1) of Schedule 4 to the Act.

Regulation 2.02 - Non-remote areas - HDTV quotas for national broadcasters

Regulation 2.02 provides that the standards set out in Schedule 2 are made for the purposes of subclause 37F(1) of Schedule 4 to the Act.

Part 3 - Captioning Standards

Regulation 3.01 - Captioning standards

Regulation 3.01 provides that for the purposes of subclause 38(1) of Schedule 4 to the Act, the standards set out in Schedule 3 are to be observed by commercial television broadcasting licensees and national broadcasters in relation to captioning of television programs for the deaf and hearing impaired.

Schedule 1 HDTV quota standards for commercial television broadcasting licensees -non-remote areas

Item 1 - Application of Standards

Item 1 of Schedule 1 mirrors subclause 37E(4) of Schedule 4 to the Act. The standards in Schedule 1 will apply in relation to transmission of a commercial television broadcasting service in a licence area that is not a remote licence area, if..

(a)       that service is transmitted in digital mode in that area; and

(b)       that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8) of Schedule 4 to the Act; and

(c)       the service is not the subject of an election under subclause 6(5A) of Schedule 4 to the Act.

Subclause 8(8) of Schedule 4 refers to a transmitter licence with reduced transmission capacity, which may be issued to replace a transmitter licence following a contravention by the licensee of certain standards (including the HDTV quota standard in this Schedule). Such a reduced capacity licence would not provide sufficient capacity for the transmission of an HDTV version of the broadcasting service.

Sections 38A and 38B of the Act provide mechanisms for a licensee who is the sole licensee in an area (section 38A), or one of two licensees in an area (section 38B) to be issued a second licence for that area. Where a second licence is issued, subclause 6(5A) of Schedule 4 allows the licensee to elect to transmit both services in SDTV (standard-definition digital television) mode as multichannel services on the same channel. Transmitting both services in SDTV digital mode on the same channel requires the use of transmission capacity which would otherwise be available for transmitting HDTV versions of the services.

Item 2 - Transmission of HDTV version

Item 2 mirrors paragraph 37E(1)(a), and provides that a licensee, in addition to transmitting a version of the commercial television broadcasting service concerned in SDTV digital mode in the licence area concerned, must also transmit an HDTV version of the service in digital mode in that licence area.

Item 3 - Commencement of transmission of HDTV version

Item 3 mirrors paragraph 37E(2)(a), and requires that a licensee commence transmitting the HDTV version of the service as soon as practicable after the licensee begins to transmit the service in SDTV digital mode in the licence area; and in any event, within 2 years from the time when the licensee was required to commence transmitting in SDTV digital mode in that licence area.

Item 4 - HDTV transmission quota

Item 4 mirrors paragraph 37E(2)(b), and requires that after 2 years from the time when the licensee was required to commence transmitting in SDTV digital mode in that licence area, the licensee must transmit at least 20 hours per week of HDTV programs in HDTV mode. HDTV programs for commercial television broadcasters are defined by subclause 37L(1) of Schedule 4 to the Act.

Item 5 - HDTV transmission during simulcast period

Subitem 5(1) mirrors paragraph 37E(1)(c), and provides that if a licensee's licence was not allocated under section 38B of the Act (which relates to two station markets), the programs transmitted on the HDTV version of the licensee's service must be the same as the programs transmitted simultaneously on the analog version of the licensee's service.

However, if a program is covered by a determination of the Australian Broadcasting Authority (ABA) under subclause 6(9) or 6(10) of Schedule 4 (which provides a mechanism for a program to be made exempt from the analog-SDTV simulcast requirement), the programs transmitted on the HDTV version of the service must be the same as the programs transmitted simultaneously on the SDTV version of the service.

Subitem 5(2) mirrors paragraph 37E(1)(d), and provides that in those two-station markets where a third licence is allocated under section 38B, the programs transmitted on the HDTV version must be a simulcast of the programs on the licensee's SDTV digital service (as there will be no analog version of the service).

Schedule 2 HDTV quota standards for national broadcasters - non-remote areas

Item 1 - Application of standards

Item 1 of Schedule 2 mirrors subclause 37F(4) of Schedule 4 to the Act, and provides that the Standards in Schedule 2 apply in relation to transmission of a national broadcasting service in a coverage area that is not a remote coverage area, if:

(a)       that service is transmitted in digital mode in that area; and

(b)       that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(8) of Schedule 4 of the Act; and

(c)       the service is not a multi-channelled national television broadcasting service.

Subclause 23(8) of Schedule 4 refers to a transmitter licence with reduced transmission capacity, which may be issued to replace a transmitter licence following a contravention by the national broadcaster of certain standards (including the HDTV quota standard in this Schedule). Such a reduced capacity licence would not provide sufficient capacity for the transmission of an HDTV version of the broadcasting service.

A "multi-channelled national television broadcasting service" (as defined in clause 5A of Schedule 4 to the Act) is not subject to the analog-digital simulcast obligation in paragraph 19(3)(c) of Schedule 4 to the Act (see subclause 19(7B)). Such a service is therefore not subject to the HDTV quota standards.

Item 2 - Transmission of HDTV version

Item 2 mirrors paragraph 37F(1)(a), and provides that a national broadcaster, in addition to transmitting a version of the national television broadcasting service concerned in SDTV digital mode in the coverage area concerned, must also transmit an HDTV version of the service in digital mode in that coverage area.

Item 3 - Commencement of transmission of HDTV version

Item 3 mirrors paragraph 37F(2)(a), and requires that a national broadcaster commence transmitting the HDTV version of the service as soon as practicable after the national broadcaster begins to transmit the service in SDTV digital mode in the coverage area; and in any event, within 2 years from the time when the national broadcaster was required to commence transmitting in SDTV digital mode in that coverage area.

Item 4 - HDTV transmission quota

Item 4 mirrors paragraph 37F(2)(b), and requires that after 2 years from the time when the national broadcaster was required to commence transmitting in SDTV digital mode in that coverage area, the national broadcaster must transmit at least 20 hours per week of HDTV programs in HDTV mode. HDTV programs for national broadcasters are defined by subclause 37L(2) of Schedule 4 to the Act.

Item 5 - HDTV transmission during simulcast period

Item 5 mirrors paragraph 37F(1)(c), and provides that the programs transmitted on the HDTV version of the national broadcaster's service must be the same as the programs transmitted simultaneously on the analog version of the service.

However, if a program is covered by a determination of the Australian Broadcasting Authority (ABA) under subclause 19(9) or 19(10) of Schedule 4 (which provides a mechanism for a program to be made exempt from the analog-SDTV simulcast requirement), the programs transmitted on the HDTV version of the service must be the same as the programs transmitted simultaneously on the SDTV version of the service.

Schedule 3 Captioning- Standards

Item 1 - Provision of captioning service

Subitem 1 (1) provides that licensees and national broadcasters must provide a captioning service for:

(a)       television programs transmitted during prime viewing hours; and

(b)       television news programs and television current affairs programs transmitted at any time.

"Prime viewing hours" are defined in subclause 38(5) of Schedule 4 to the Act.

The standards will not apply to advertising or sponsorship material (subclause 38(8)).

Subitem 1(2) provides exceptions to the requirements of subitem 1 (1):

(a)       a television program mentioned in paragraph 6(8)(d) of Schedule 4 to the Act (certain program enhancements transmitted by commercial television licensees);

(b)       a television program mentioned in paragraph 19(8)(d) of Schedule 4 (certain program enhancements transmitted by national broadcasters);

(c)       a television program mentioned in subclause 38(4B) of Schedule 4 (programs or parts of programs in a language other than English, programs or parts of programs providing music without English words, and incidental or background music); and

(d)       for a television news program transmitted in a regional licence area:

(i)       unscripted speech delivered by a person who is not a newsreader or reporter, or who is not speaking in their capacity as a newsreader or reporter; or

(ii)       unscripted speech which is transmitted live, or is recorded less than 2 hours before the first transmission of the program.

Paragraph (d) is intended to cover those parts of news programs known in the television broadcasting industry as "interview grabs" and "live crosses", in news programs transmitted in regional licence areas. "Regional licence area" is defined in clause 2 of Schedule 4 to the Act.

An "interview grab" is part of a news story consisting of an excerpt from an interview with a person, other than a newsreader or reporter (e.g. a police officer at the scene of a crime). In some cases a news program may also include one or more "live crosses", in which the newsreader speaks to a reporter, e.g. a reporter who is "on the scene" of a news story. The interview may be transmitted live, or may have been recorded previously.

The Government has accepted the claims of regional broadcasters that, given the way in which regional news programs are produced, providing a captioning service for the parts of regional news programs covered by paragraph (d) is not practicable at this time. However, subitem 1(3) provides that the exemption ceases at the end of 31 December 2003.

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