EXPLANATORY PAPER

Issued by the Australian Communications and Media Authority

Variations to digital channel plans for Regional Queensland

This explanatory paper accompanies the variations to the Digital Channel Plans for Queensland: Part 2 - Regional Queensland.

The ACMA varied the National and Commercial Digital Channel Plans for Queensland: Part 2 –Regional Queensland (the DCP variations) to allot channels and identify time frames for the clearance of the digital dividend spectrum within a digital-only local market area (DOLMA) determined for the Regional Queensland TV1 licence area.

Detailed technical information can be found in the accompanying DCP variations and engineering report.

Background

Schedule 4 to the Broadcasting Services Act 1992 (the BSA) sets out arrangements for the conversion, over time, of the transmission of commercial and national television broadcasting services from analog mode to digital mode. Under these arrangements, the ACMA is required to formulate and maintain two schemes for conversion – a commercial television conversion scheme and a national television conversion scheme.

The Commercial Television Conversion Scheme 1999 (the CTCS) was formulated in March 1999 and commenced on 9 June 1999. The National Television Conversion Scheme 1999 (the NTCS) was formulated in December 1999 and commenced on 2 February 2000. TheCTCS and the NTCS can be found on the Comlaw website.

Digital Channel Plans (DCPs) are digital television planning instruments created by the ACMA.Their primary purpose is to convert analog television services to digital television services. DCPs in regional licence areas are prepared under section 9 of the NTCS and section 9 of the CTCS, having regard to the policy objectives set out in subclauses 19(3) and 6(3), respectively, of Schedule 4 to the BSA.

Under both the NTCS and the CTCS, the ACMA has made DCPs that allot channels to broadcasters for the transmission of television broadcasting services in digital mode during the simulcast period for a licence area. DCPs set out which channels are to be allotted to each area, the allotment of channels to each broadcaster and the technical specifications of those channels.

National and Commercial DCPs were determined for the Regional Queensland TV1 licence area in October 2001 for the main station sites and can be found on the ACMA website.

Subsequent variations to the DCPs have been made since under the previous Australian Broadcasting Authority and the ACMA to add repeater sites.

In May 2011, the BSA was amended by the Broadcasting Legislation Amendment (Digital Dividend and Other Measures)Act 2011 (the Digital Dividend Act), which introduced new provisions for the ACMA’s planning powers for television broadcasting services. The changes were introduced ‘...to enable the ACMA to undertake efficient planning and restack of the radiofrequency spectrum used to deliver television services needed to achieve the digital dividend.’[1]

Television licence area plans (TLAPs) will come into force after the end of simulcast and will serve as the primary instrument for the planning and restack of digital television channels. Once they come into force, TLAPs will replace the existing licence area plans (LAPs) and DCPs.

The ACMA is empowered to make TLAPs under Part 3 of the BSA. TLAPs are prepared under subsection 26(1B) of the BSA, guided by restack planning principles decided by the ACMA in May 2011. When a TLAP comes into effect in any given area it will replace both the LAP and the DCPs for that area.

Discussion

Regional Queensland comprises the Regional Queensland TV1 licence area. The end of simulcast in this licence area has been determined as 28 May 2013.[2]

Digital switchover dates are set for each television licence area and signify the end of the simulcast period during which television services are broadcast in both analog and digital modes simultaneously. These are the dates by which all transmissions in analog must end and all television broadcasting must be in digital only. If a licence area is not going to switch over as a whole, the end of the simulcast period for that licence area must be set as the latest date on which the last part of the licence area will switch over.

The Regional Queensland TV1 licence has two switchover dates.

The Sunshine Coast portion of the Regional Queensland TV1 licence area, which extends from Caloundra to Gympie, will switchover at the same time as the Brisbane TV1 licence area as the end of simulcast for Regional Queensland is aligned with the end of the simulcast period for the Brisbane TV1 area.[3]

Asthe remainder of the Regional Queensland TV1 area outside the Sunshine Coast region was toswitch over earlier than 28 May 2013, the Minister determined the Regional Queensland TV1 licence area, with the exception of the Sunshine Coast region, to be a DOLMA.[4] The DOLMA came intoeffect from 6 December 2011.

The DCPs for Regional Queensland include all of the Regional Queensland TV1 licence area that was determined as a DOLMA.

A TLAP for the Regional Queensland TV1 licence area has been made to allot digital channels in preparation for the restacking of television services necessary to deliver the digital dividend. As the TLAP will not come into force until 29 May 2013, the DCPs and the LAP for Regional Queensland and Brisbane will remain in force until the end of simulcast.

To enable restacking of digital services in regional Queensland during 2012/13, prior to the TLAP coming into effect, the ACMA has made variations to the National and Commercial DCPs for Regional Queensland. The DCPs, as varied, are consistent with the TLAP. The date by which all services across Australia must be restacked has been set by the government as 31 December 2014 (the restack date).

An initial period of consultation for proposed variations to the Regional Queensland DCPsclosed on 21 December 2011. The papers regarding this consultation can be found on the ACMA website. Submissions regarding technical matterswere considered and, where appropriate, the ACMA made technical corrections and updates to the variations to the DCPs.

The broadcasting industry also expressed concerns regarding the timing of restack implementation windows. Two timing windows were initially proposed for Regional Queensland and were defined in the special conditions within the DCPs as 2 July 2012 to 28 March 2013 and 1 July 2013 to 31 March 2014.

When creating the draft TLAP for Regional Queensland, the ACMA used an indicative restack timetable developed during late 2011 with input from industry.

In the May 2012 budget, the Government committed $143.2 million for the timely restack and release of the digital dividend with minimal disruption for viewers.[5] In the same media release, the Government stated its expectation that restack will be completed by 31 December 2014. The Department of Broadband, Communications and the Digital Economy (DBCDE) subsequently engaged Broadcast Australia (BA) to assist with the development of an indicative nationwide restack implementation timetable in consultation with the broadcasting industry.[6] BA was also contracted to deliver a detailed site-by-site restack timetable in November 2012.

The BA/DBCDE report, available from the DBCDE website, includes an indicative timetable that is the best current estimate of when restack would occur in each licence area. To maximise flexibility for the development of the detailed timetable to be released in November, the ACMA has planned timing windows to conclude on 31 December 2014, which is consistent with the Government’s expectation for the completion of restack.

A single timing window for restack in Regional Queensland will start from the commencement of the variations to the DCPs and conclude on 31 December 2014. This timing window is reflected in the TLAP for Regional Queensland, which will come into force on 29 May 2013, replacing the DCPs as the primary instrument for broadcast planning and restack implementation at that time.

Submissions for a further period of consultation on revised draft variations to the Regional Queensland DCPs closed on 1 November 2012. Twosubmissions concerning technical matters were received and can be found on the ACMA website. These submissions have been considered and, where appropriate, the ACMA has made minor technical corrections and updates to the variations to the DCPs.

Detailed technical information and considerations are contained in the variations to the DCPs for Regional Queensland and the associated documents. These may be found on the ACMA website.

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[1]Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Bill 2011, Explanatory Memorandum.

[2]Broadcasting Services (Simulcast Period for Regional Queensland TV1) Determination (No. 1) 2011 (Amendment No. 1 of 2012).

[3]Broadcasting Services (Simulcast Period for Regional Queensland TV1) Determination (No.1) 201,Broadcasting Services (Simulcast Period for Metropolitan Licence Areas) Determination (No.1) 2009.

[4]Broadcasting Services (Digital-Only Local Market Areas for Regional Queensland TV1) Determination (No.1) 2011.

[5] Senator the Hon Stephen Conroy, Digital dividend auction timing released, Media Release, 19 June 2012.

[6] Broadcast Australia Group Entities: Broadcast Australia Pty Limited (ABN 99 086 048 562); Broadcasting Australia No. 1 Pty Limited (ABN 88 126 949 031); The Bridge Networks Pty Limited (ABN 18 108 646 340); Hostworks Pty Limited (ABN 88 087 307 695); and Airwave Solutions (Australia) Pty Limited (ACN 133 800129).