Chapter 3 - Multichannelling and enhancements
3.1
The Broadcasting Services Amendment (Digital
Television and Datacasting) Bill 2000 maintains the prohibition in the
Broadcasting Services Act on the use of digital spectrum for multichannelling
services, except in limited circumstances, by both commercial and national
free-to-air broadcasters.
3.2
Multichannelling was a major issue raised in
submissions and by witnesses to the inquiry. The main areas of concern were
that:
- national broadcasters should be allowed to use multichannel
transmission capacity to broadcast television programs in digital mode; and
- digital program-enhancement content as permitted in the Bill is
simply multichannelling under a different name.
3.3
As discussed in Chapter 1, witnesses to the
Committee repeatedly stated that it would be necessary to fully exploit the new
digital technology through offering multichannelling, enhancements and
datacasting services to consumers in order to encourage them to switch to
digital television.
3.4
According to Ms Christine Sharp, Policy Manager
for the Special Broadcasting Service Corporation, SBS believes that the ability
to multichannel is critical to its future. Multichannelling would give SBS the
opportunity to provide more programming in pursuance of its Charter:
... we have a huge set of obligations and we fulfil those
obligations with a very crowded television schedule. I do not know if you have
noticed but, for instance, our foreign movies have moved now to 10 o’clock at
night in order that we can fit in more of the programming that we think is
important in pursuance of our charter. What multichannelling would allow us to
do, in the first instance very cheaply, is simply to showcase more of our
programming at times that better suit our audiences. The most noticeable demand
on SBS television in terms of our logging of overnight audience calls, in terms
of requests that come in to our SBS web site, is for programming repeats. We do
not schedule like other networks. We do not have much series programming, and
people will notice that there has been a documentary, for instance, of
particular note and we get constant requests for repeats.[1]
3.5
The ABC was surprised that the Bill did not
allow for the national broadcasters to provide multichannel services under the
digital regime. It had understood that the underlying assumption for the review
into multichannelling by national broadcasters in 1999 was that ABC
multichannelling should be facilitated.[2]
The outcomes from this review provide the reasons for the Government
maintaining its prohibition on multichannelling for the national broadcasters.
Reasons behind decision
3.6
The outcome of the national broadcasters
multichannelling review was that the Government did not propose to amend the
Broadcasting Services Act to lift the current statutory prohibition on
multichannelling by the ABC and SBS. The reasons for this stance were:
- all free-to-air broadcasters would be treated consistently in
relation to multichannelling;
- unfettered ABC/SBS multichannelling would unfairly compete with
the pay TV sector; and
- it would be difficult to identify specific genres of ABC/SBS
programming that would not compete with the wide variety of specialised
programming available on pay TV.[3]
3.7
In addition, according to the review, the ABC
and SBS will be able to use digital technology to enhance their Charter
functions by providing video and text enhancements that are linked to their
digital programs. They will also have considerable flexibility to provide
innovative video and text material as part of their datacasting services.
3.8
Further, the issue of whether the commercial and
national free-to-air broadcasters should be permitted to multichannel will be
addressed as part of the statutory review into multichannelling that is to be
conducted before the end of 2005 (Broadcasting Services Act, Schedule 4,
paragraph 60(1)(b)).
National broadcasters position
3.9
SBS argued in its submission that additional
channels offered by the national broadcasters, as dictated by their Charters,
would be distinct from the services offered on commercial free-to-air and pay
television. SBS too, can offer multichannel program streams that are
complementary to the ABC’s programming. It would have no more adverse impact on
other television sectors than the programming which it currently generates.[4]
3.10
In relation to the innovative datacasting
services referred to in the outcome to the review, the Bill contains
restrictions on their use (see Chapter 2) which, according to the ABC, make
multichannelling a more attractive proposition. Mr Jonathan Shier, Managing
Director of the ABC, informed the Committee that if the ABC were allowed to
multichannel it would not have to be concerned with the difficulties inherent
in the datacasting definitions in relation to children’s programming and the
difficulty of distinguishing between education and entertainment. Additionally,
multichannelling would enable the ABC to sidestep the involvement of the
Australian Broadcasting Authority (ABA) in its datacasting programming
decisions[5]
– provisions of the Bill which are fervently opposed by the national
broadcasters and their supporters.
3.11
Even the commercial FTA television sector
supported the national broadcasters’ position in relation to multichannelling.
When asked by Senator Bishop if there was any reason why FACTS would oppose
permitting the two national broadcasters the ability to multichannel in
fulfilling their respective charters, Mr Tony Branigan, Chief Executive,
Federation of Australian Commercial Television Stations (FACTS) replied:
I think the key words are ‘in fulfilling their respective
charters’. I think we are on record in the course of the reviews last year as
expressing a view that we did not oppose multichannelling by the ABC and SBS
provided that it was very definitely within their charters and provided that
the focus was very much on complementary programming, rather than quasi
commercial programming or programming that is likely to compete in a serious
sense with commercial television. We recognise that the ABC and SBS do not have
the capacity on a single channel to provide a lot of the complementary
programming that they already have access to. The SBS foreign language news
material is an excellent case in point. Perhaps the ABC’s educational
programming and some of its children’s programming and more localised
programming is another series of good examples where we would have no serious
problems with that at all, even recognising that it may, at the margin, nibble
at our viewing share.[6]
3.12
Multichannelling too, would be preferable to
datacasting in order to encourage consumer take-up of digital technology. Mr
Colin Knowles, Head, Technology Strategy and Development, ABC, told the
Committee:
... some of the datacasting delivery of things that look like
multichannel do depend on caching in the [set-top] box. In other words, you
have to have a more expensive box that can store your program. Those boxes are
only just starting to appear and currently add $500 to $600 to the price of the
box. Multichannelling requires no additions to the box. It can deliver programs
like the existing television system and therefore is more a continuous flow of
programs ... So, from the public benefit point of view, in getting programs out
to consumers to make it attractive for them to switch to digital television,
multichannelling offers at the moment far more advantage than what is a bit
like your PC-Internet service.
3.13
The ABC informed the Committee in its
submission, that, based on the expectation that the 1999 review would recommend
national broadcaster multichannelling, it had been planning its multichannel
content for the last two years.[7]
Its plans included:
- lifelong learning and informative material to educate and
invigorate Australians dealing with a rapidly changing world;
- stimulating children’s programs at times to suit children and
parents; and
- special interest material to link communities of interest and
local communities across the nation.
3.14
The channels proposed by the ABC were being
designed to meet the interests of audiences that are not adequately catered for
at present, in particular, audiences in rural and regional areas. In carrying
out SBS’ public service Charter responsibilities, SBS Television too shows an
enormous range of programs that are not carried by other broadcasters in the
genres of sport, news, movies, world news and current affairs, and
documentaries.[8]
3.15
The public benefits of allowing national
broadcasters to multichannel would be considerable. With multichannelling the
ABC would be able to:
- better fulfil its Charter responsibilities to
meet the needs of all Australians by overcoming the television bottleneck and
having the scope to deliver additional programs of wide appeal and specialised
material in alternative modes;
- play an innovative role in exploring and
piloting new content options for audiences and to stimulate the broadcasting
industry as a whole;
- test the multichannelling market for later
development by the broadcasting industry in general;
- obtain more effective use of its resources by
re-versioning content for different delivery modes and platforms and thereby
provide new services to audiences;
- initiate and provide opportunities for regional
television input to bring benefits to rural and remote communities;
- offer specialised material for local communities
and communities of interest;
- provide additional low-cost incentives to the
community to take up digital television;
- provide important skills development
opportunities for program-makers and producers to explore new technical,
operational and creative possibilities of the new media; and
- provide additional outlets for original, new,
Australian content including educational, children’s and information content.[9]
3.16
Mr Shier from the ABC told the Committee that:
... we would like to be able to show children’s programming when
perhaps the main channel is showing a completely different genre of program ... a
large percentage of the Australian people do not see our programming the first
time it is shown. We certainly think there is an opportunity to show more of
that on the second channel.
One opportunity is also to produce programming which has appeal
in a particular region, which will be a possibility with rural or regional
programming.[10]
3.17
Ms Sharp from SBS, told the Committee:
... the reason we look at [multichannelling] in the first instance
from SBS’s point of view is that it is very cost effective, and we have to be
mindful of that. We would like, as it goes on, to develop a much more complex
channel that takes in much more Australian content. We would like to provide a
multicultural programming stream specifically for the second channel that would
have a regional focus in terms of Australian multicultural arts and events
around the country.[11]
3.18
Clearly the opportunities provided by the new
technologies have great potential to benefit the Australian people. Arguing in
its submission for the Bill to be amended to allow the ABC and SBS to
multichannel, the Government of Western Australia stressed the benefits to
regional areas:
Digital broadcasting signals can be split into many different
bands to offer viewers a choice of programs. Regional areas, even very small
ones, can therefore be effectively served with programs such as local sporting
events, including race meetings. Better service to regional audiences results
which will counteract some of the losses to local content which have occurred
previously.[12]
3.19
The Committee’s view is that in the interest of
fairness, the national broadcasters should not be permitted to multichannel
since they compete with the pay TV and commercial free-to-air broadcasters for
audiences and the commercial FTAs are prohibited from multichannelling under
the Bill.
Pay TV’s view of multichannelling
3.20
The pay TV sector is of the view that any
multichannelling is in competition with it whether it be by the commercial or
by national broadcasters. Ms Debra Richards, Executive Director, ASTRA,
informed the Committee:
... the national broadcasters are competitors and as such they are
ours. So we have not changed from the view that we put through all that public
process. But if the committee is of the view that ABC and SBS should be treated
differently in some way, then we would seek that whatever the national
broadcasters could multichannel should be limited and in no way should it be
seen as a precedent for the commercial networks to also multichannel, and that
is the reason we have put forward. It would be the thin end of the wedge. They
are in competition in terms of what they want to provide.[13]
3.21
The ABC refutes these concerns. It believes that
the pay TV sector can no longer be regarded as a fledgling in the media
landscape. Also:
[t]he addition of the very limited ABC multichannel capacity
available in the 7 Megahertz of spectrum (allowing for the simulcast) can
have little impact on the many channels comprised in pay television’s suite of
offerings.[14]
3.22
As Ms Sharp from SBS pointed out to the
Committee in relation to the fact that the national broadcasters competed with
commercial broadcasters for audiences:
[but] competition for audiences does not translate into
competition for revenue. More than $2 billion—well over $2 billion this year—is
spent each year on TV advertising. Around one per cent of that goes to SBS; and
it does not matter how big the ABC audience gets, none of course goes to the
ABC. The point I am trying to make is that, in our view, multichannelling will
not change the size of that advertising pie for television. It will not bring
more advertising revenue.[15]
3.23
According to the ABC, there will be no impact on
commercial televisions’ advertising revenue. The ABC does not compete for
advertising or sponsorship revenue and has no interest in drawing a mass
audience away from commercial free-to-air or pay television broadcasters
through multichannelling.[16]
Digital Program-enhancement
content
3.24
The Bill permits FTA broadcasters to provide
enhancements if these are directly linked to the main (simulcast) digital
program. According to the Explanatory Memorandum to the Bill:
A key part of ‘directly linked’ will be ensuring the enhancement
is provided within the same time period as the main program. Therefore, enhancements
should be contemporaneous to the programs to which they are linked. In
addition, enhancements should be extended to allow a limited form of
overlapping of programs, where events extend into other scheduled programs
because of circumstances outside the broadcaster’s control.[17]
3.25
Items 91 and 112 in the Bill provide exceptions
to the analog/digital simulcast requirements for commercial and national FTA
broadcasters respectively. These exceptions are defined in items 94 and 115 of
the Bill. The effect of these amendments to Schedule 4 of the Broadcasting
Services Act is to use any spectrum not required for simulcasting in digital
and analog mode to provide limited opportunities for broadcasters to provide
digital program-enhancement content, multichannelling transmission capacity and
electronic program guides.
Digital program-enhancement content
3.26
The Bill provides for there to be two categories
of digital program-enhancement content – Category A and Category B.
Category A digital
program-enhancement content
3.27
A Category A digital program-enhancement may be
content in any form (eg text, data, sound, still or moving images) which is
closely and directly linked to the subject matter of the primary television
program, is for the sole purpose of enhancing the primary program, and is
transmitted simultaneously with the primary program.[18] A note to new subclauses 6(14)
and 19(14) provides examples of this type of content:
Note: For example,
if the primary program is live coverage of a tennis match, the category A digital
program-enhancement content could consist of any or all of the following:
- the match from different camera angles;
- each player’s results in past matches;
- video highlights from those past matches;
- each player’s ranking and career highlights.[19]
Category B digital
program-enhancement content
3.28
A Category B digital program-enhancement is a
program that provides simultaneous live transmission of two overlapping
sporting events in the same sport at a particular venue. This category would
allow simultaneous live transmission of, for example, two tennis matches in a
tournament on different courts in the same centre or complex. However, it would
not allow simultaneous live transmission of:
- two rugby league matches at different grounds; this would not
satisfy the ‘same venue’ requirement; or
- swimming and gymnastics at the Olympic Games, even if both occur
in adjacent buildings in the same complex; this would not satisfy the ‘same
sport’ requirement.
3.29
The transmission of the second sporting event
must be live, and simultaneous with the live transmission of the first sporting
event.
3.30
New subclauses 6(16)-(19) and 19(16)-(19) (items
94 and 115 respectively) provide for the Australian Broadcasting Authority to
make determinations, which are disallowable instruments, clarifying whether or
not two or more specified sporting events involve the same sport. According to
the Explanatory Memorandum, use of this mechanism will give broadcasters
greater certainty in ambiguous cases.[20]
Program overlaps
3.31
The Bill allows for multichannelling in limited
circumstances specified in new paragraphs 6(8)(d) and 19(8)d (items 91 and 112
respectively). Where a designated event, which is broadcast live, extends
beyond the scheduled finishing time into another scheduled program, the
broadcaster may multichannel the live broadcast and the other program, provided
that the delayed finish is beyond either the broadcaster’s control, or the
control of any person who directly or indirectly supplied the program to the
broadcaster; and the other program was scheduled by the broadcaster at least
one week before the start of the designated event.[21]
3.32
A designated event is either a sporting event or
an event determined in writing by the Australian Broadcasting Authority. These
determinations by the ABA are disallowable instruments. The Explanatory
Memorandum states that it is “intended that this power would be available to be
used for important public events, such as live coverage of Centenary of
Federation celebrations”.[22]
This power would also cover the situation where extra time is added to a day’s
play in a test cricket match to make up for rain delays.[23]
Response of the pay TV sector
3.33
Evidence received by the Committee from the pay
TV sector was particularly vociferous in its concerns about the digital
program-enhancement and multichannelling provisions of the Bill.
Multichannelling is the core distinction between pay TV and FTA
television services in the television market. It was on the basis of the
legislative prohibition on multichannelling and assurances from Government that
the commercial networks would be prevented from multichannelling for at least a
four year period that the pay TV industry has continued to make heavy financial
investments in rolling out pay TV and other services, and associated employment
and training, in both regional and metropolitan Australia.[24]
3.34
The pay TV industry is incensed at the loan of
digital spectrum to the FTA broadcasters. It believes that this, combined with
what it sees as inequitable anti-siphoning regulations and prohibitions on new
FTA broadcasters till 2007, forms an anti-competitive bias favouring the FTA
broadcasters at the expense of pay TV providers. The enhanced programming
provisions of the Bill add insult to injury to the pay TV sector and, according
to Cable & Wireless Optus, “will have a significantly negative impact on
the Pay TV industry as they will allow the FTAs to use their free spectrum to
unfairly compete with the multichannelling services offered by the Pay TV
sector”.[25]
3.35
The Committee notes that Open TV – a provider of
set-top box software – put forward the view that the legislation favours the
pay TV industry. Open TV argues that the triplecasting model, by forcing
broadcasters to offer analog, SDTV and HDTV, will have the effect of squeezing
the bandwidth to the limit. Consequently, the level of interactive services
which free-to-air broadcasters can offer to consumers will be severely limited
and consumers will turn to Pay TV:
Interactive services will be limited and will force consumers to
subscribe to Pay TV or datacasting to obtain those services. This policy is
very much biased in favour of Pay TV.[26]
3.36
Although the Category B digital
program-enhancement content provisions attracted the most criticism from the
pay TV sector – with all pay TV submissions to this Inquiry calling for their
abolishment – the Category A digital program enhancement content provisions too
were censured.
3.37
Telstra believes that the linking of the
enhancements to the subject matter of the primary broadcast rather than
the linking of them to the primary broadcast as was the original concept
in the Digital TV Review - Datacasting and Enhanced Programming, has
the effect of significantly broadening the scope of the provisions. According
to Cable & Wireless Optus, Category A is defined extremely broadly with no
limit on the amount of video that can be broadcast as the secondary program and
“in many cases will result in defacto multichannelling”.[27]
3.38
ASTRA’s submission states:
In addition, the generous provisions for ‘Category A enhanced
programming’ which allows unlimited video linked to the primary program appears
to allow multichannelling and of all program genres, for example past episodes
of Seinfeld directly linked to the primary program of Seinfeld.[28]
When this example was put before officers from the
Australian Broadcasting Authority for comment however, whilst acknowledging
that the example would need to be looked at, Professor David Flint, Chairman of
the Australian Broadcasting Authority, replied “It is not my understanding of
the intention of the enhanced services provision [that this would be allowed].”
Nevertheless, ASTRA recommends that Category A be limited to exclude separate
video streams.
3.39
The Category B digital enhancement content
provisions are particularly objectionable to the pay TV industry. According to
Cable & Wireless Optus, the restrictions imposed by the anti-siphoning
regime have led the pay TV sector to develop schedules of sporting programs
based on events which have traditionally not been broadcast by the FTAs due to
either a lack of interest or a lack of space in program schedules.
The proposed amendments will enable the FTA broadcasters to use
Category B digital enhancements to offer these ‘second tier’ sporting events,
such as the lead up matches to Wimbledon, with the benefit of the
anti-siphoning regime and using spectrum that has been obtained at no cost.
This is clearly anti-competitive and inequitable.[29]
3.40
The submissions received by the Committee from
the pay TV industry are unanimous in predicting that the effect of these two
categories of enhancements will be less, rather than more, sport being
available to viewers. They reason that this is because FTA broadcasters will be
able to acquire the rights to sporting events but without any obligation to
show more sport.[30]
Also, pay TV subscribers will start to have their viewing choices diminished
because of the reducing opportunities for pay TV to acquire sports rights and,
in turn, afford to buy them.[31]
Additionally, the ability of sports fans to see FTA multichannel sport will be
constrained by the pace of consumer investment in digital TV receiving
equipment.[32]
And finally, sports fans in rural, regional and remote areas will suffer the
most because digital services will not be available until several years after
capital city services commence.
3.41
Telstra recommends that if the Category B
digital program-enhancement provisions are not removed from the Bill, the only
way to address the anti-competitive impacts of the provisions is to include a
requirement that FTA broadcasters pay for their digital spectrum, over and
above what is required for SDTV simulcast, and also that the anti-siphoning
regime be overhauled.[33]
Fairfax too submitted that a spectrum use charge should apply to everything
other than traditional broadcasting (ie enhancements, multichannelling, and
Electronic Program Guides) as well as datacasting.[34]
3.42
Mr Branigan from FACTS told the Committee:
Certainly we are not looking at large numbers of hours of
[enhanced] programming each year—I would be surprised if it amounted to more
than a few score hours each year, which is not huge—and does not really seem to
justify the ‘we’ll all be rooned’ cries from pay TV.[35]
3.43
Some witnesses raised the issue of Electronic
Program Guides (EPG) within the context of “enhanced programming. EPGs are
discussed in Chapter 2 of this report.
3.44
The Committee concluded that the concerns of the
Pay TV industry with respect to possible adverse impacts on them arising from
the FTAs being able to offer program enhancements are unlikely to be realised in
practice. In any case, the BSA and the current Bill provide that all aspects of
the operation of the digital television regime are subject to review.
Underserved regional licence
areas
3.45
An underserved regional licence area or market
is one in which there are fewer than three commercial television services.
Markets with only one commercial service are referred to as solus markets.[36] Regional broadcasters are
allowed up to three years more than metropolitan broadcasters before they have
to transmit in digital mode.
3.46
As required by Schedule 4 of the Broadcasting
Services Act, a review was conducted into underserved regional licence areas as
to whether they should be provided with up to the same number of commercial
television broadcasting services as are provided in metropolitan areas. The new
digital technology provides relatively low-cost options, through
multichannelling, to expand the range of broadcasting services in underserved
markets.
Solus markets
3.47
There are currently four solus markets with a
total licence area population of 234,739. Under section 38A of the Broadcasting
Services Act an existing licensee in a solus market may apply to the ABA for an
additional commercial television broadcasting licence for the area and the ABA
is legislatively obliged to grant the licence, subject to the availability of
spectrum. [37] Section 38A
licence applications are exempt from the moratorium on new commercial licences.
The existing licensees have all applied for section 38A licences in all four
solus markets.
3.48
Both the existing service and additional service
are required to be simulcast in analog and digital formats after the
introduction of digital terrestrial television broadcasting. The new section
38A analog services will be required to commence from one year after the
relevant amendments to the Broadcasting Services Act. The digital services are
required to commence before 1 January 2004.
3.49
The Bill aims to encourage the early
introduction of these additional section 38A services by providing licensees
with options for lower rollout costs of their digital services through
permitting multichannelling of both digital services in the same channel, with
an exemption from HDTV requirements to be made available.[38] The appropriateness of this
exemption will be reviewed in 2005. New subclause 6(5A) (item 86) allows the
licensee to elect to multichannel the existing and new services in digital
mode. No additional 7 MHz spectrum is therefore required.
3.50
New subsection 38A(2) (item 22) adds a ‘use it
or lose it’ condition to an additional licence granted under section 38A.
Two service markets
3.51
There are ten markets across Australia with two
commercial services available with a total licence area population of
1,566,163. The section 38A option does not apply to two service markets. In order
to encourage the introduction of new services in these markets, the Bill
inserts a new section 38B in the Broadcasting Services Act (item 23).
3.52
New section 38B will allow one additional
licence to be allocated in each two-station market. However, an additional
licence cannot be allocated under new section 38B if one of the existing
licences was issued under section 38A. The additional licence allows only
digital transmission of the broadcasting service concerned. The licensee must
commence providing the additional service in SDTV digital mode by 1 January
2004, or an earlier date notified by the ABA.
3.53
Under new subsection 38B(1), there are three
alternative mechanisms for the allocation of the additional licence:
- application by a joint-venture company jointly
owned by the existing licensees to provide a combined third 7 MHz digital-only
service to be provided in both SDTV and HDTV formats;
If the incumbents do not wish to provide a
combined service, a licensee will be permitted to multichannel a new digital
service using the 7 MHz allocation for the digital transmission of their
existing analog service. Only one of the two licensees in each two-service
market will be permitted to multichannel. In this instance, the new licence
will be allocated by:
- separate applications from both licensees, with
the licence to be allocated via a price-based allocation process, with bidding
limited to the two incumbent licensees; and
- application by one of the existing licensees.[39]
3.54
Where multichannelling takes place, the two services
are exempt from HDTV requirements. SDTV requirements will apply. The HDTV
exemption will be reviewed in 2005.[40]
3.55
For the additional licence to be allocated, the
two existing licensees may, within 90 days of commencement of the section
(which will be a day to be proclaimed), give the ABA a joint written notice
specifying one of the above alternatives and the additional licence may be
applied for within 12 months of the commencement of the section.
3.56
New subsections 38B(20) and (21) provide that
both the parent and additional licensees continue to provide services under the
licence for at least 2 years after the commencement of the provision of the
commercial television broadcasting service under the additional licence.
Reaction in submissions
3.57
WIN Corporation and Southern Cross Broadcasting
(Australia) Limited (current incumbents in solus or two service markets)
supported the provisions made in the Bill for solus and two service markets.
WIN states that the introduction of any further competition in those markets
would not be in the public interest as it might delay the early introduction of
digital services given cost considerations, market size and revenue
projections.[41]
3.58
Prime Television Limited has applied to the ABA
for a licence to enter two of the four solus markets (Riverland and Mount
Gambier) and has been considering the feasibility of seeking a licence in the
other two (Broken Hill and Spencer Gulf). Prime contends that the proposed
legislation should be amended and that new licences should be made available in
each of these markets on a price-based allocation system.[42]
Multichannelling by Commercial FTAs in Regional Areas
3.59
Prime argues that the relaxation of the
multichannelling requirements in the South Australian market should remain,
enabling the existing analog operators and the new licensees to share
facilities and costs for the transmission of the new digital services.
3.60
Prime contends that a precedent for removing the
automatic right of Solus Licensees to the allocation of a second licence has
been set by the NBN in Newcastle when the commercial TV equalisation
legislation was introduced in 1987.
3.61
Prime supports the amendments proposed for the
two service markets except for Tasmania because Tasmania has not yet undergone
the ABA’s licence area plan process to determine the sustainability of three
commercial TV providers. Prime recommends that the ABA undertake the licence
area plan process in Tasmania as a matter of urgency so that the feasibility of
an additional commercial station can be determined.
3.62
Southern Cross Broadcasting is concerned that
the introduction of a third commercial broadcaster in Tasmania could have
disastrous results for the two incumbent broadcasters given the stagnant
economy and declining population. It would lead to the cancellation of locally
produced programming and job losses.
3.63
Mr David Carr, Legal Adviser to Prime Television
Pty Ltd, suggested to the Committee that at least in the formative stages of
digital television, a limited form of multichannelling as a means of reducing
the costs of establishing digital television in smaller regional and remote
locations should be allowed. He informed the Committee that the principle of
shared facilities was one of the factors that enabled the rapid rollout of news
services to regional areas under the aggregation process in the late 1980s and
1990s. During that time the three broadcasters shared such common facilities as
transmission towers and antennas which significantly reduced their costs.
3.64
Mr Carr suggests that the advent of digital
television offers additional opportunities to share not only the hardware, but
also the transmission system and the spectrum used to deliver the service to
viewers.
An example of where this relaxation of the multichannelling
prohibition would benefit viewers is the city of Cobar in western New South
Wales. Cobar has a population of about 6,000 people. It is presently served by
three commercial television services, each with a separate transmitter but
combining through a common transmission tower and antenna. Replication of that
system in digital would be costly. However, if the three commercial
broadcasters and maybe even the ABC were permitted to multichannel on the same
digital channel, there is more likelihood of the people of Cobar receiving
digital television at an earlier date than otherwise would be the case.[43]
3.65
The Committee supports the provisions in the
Bill which encourage new broadcasting services through multichannelling in
underserved regional areas of Australia.
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