Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Bill 2011


Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Bill 2011

Coalition Senators’ additional comments

Coalition Senators note the Government’s view that this parliament must make legislative provision for the continued implementation of the Government’s digital switch-over policy. 

In that context, Coalition Senators make the following observations, starting with the general, before moving to the specifics of the Bill.

General concerns with the switch to Digital Television in regional and remote Australia

Several key themes pervaded evidence given by witnesses to the inquiry.  These themes continue to be drawn to, and warrant, the attention of Parliament.  They are as follows.

Greater numbers of consumers are having to switch to Viewer Access Satellite Television (VAST), in place of accessing a digital television signal terrestrially.  This means more consumers are having to pay more, to view digital television from home.

Many consumer groups and Local Councils believe that either the Federal Government or broadcasters should upgrade existing analogue self-help facilities to digital terrestrial, for any community with a population of 500 or more.

Many local councils and remote Indigenous communities want the operation of the Satellite Subsidy Scheme changed.  They believe that the Satellite Subsidy Scheme should be broadened to apply to businesses as well as homes, to apply in respect of more than one appliance in a home; and so that it can be ‘pooled’ so as to be able to be used in a particular community as ‘seed-funding’ to convert that community’s analogue facilities, to digital terrestrial.

The ‘creep’ of VAST

At risk of stating the obvious, digital switchover is federal Government policy.  That said it is the federal Government’s responsibility to ensure that digital switchover is at every stage, time and place, implemented in a manner which serves the public interest.  This task should not fall on the shoulders of broadcasters, or anyone else.

Evidence provided to this inquiry made it clear that many think the Government believes that the spectre of VAST will encourage commercial TV broadcasters to ‘do the right thing’  rolling out selected self-help upgrades and gap fillers in regional Australia. Any such belief is flawed in at least two ways:

The flaws in this thinking mean that greater numbers of consumers are having to switch to VAST, in place of accessing a digital television signal terrestrially.  It means more consumers are having to pay more, to view digital television from home.

 

Assistance to upgrade analogue ‘self-help’ facilities to digital terrestrial

The Government has paid for and made certain the development of the comprehensive VAST service by committing via commercial contracts with broadcasters, and paving the legislative path for VAST.

The contrast with terrestrial preparation is stark.  Many consider that terrestrial digital services deliver consumers a better outcome, yet the Government has farmed out to broadcasters the ability to decide where, and in what timeframes, they will deliver digital terrestrial service. 

Despite its comparatively extensive focus on VAST, the Government hasn’t required VAST to  provide a broadcast retransmission ‘feed’ for terrestrial facilities.  A ‘feed’ of this sort could form the base of a cost-effective signal for digital self help retransmission services.

The 2010 Incoming Brief to Government, stated that “There are 680 self-help sites in Australia and broadcasters will convert a number of these to digital. However, about 570 sites will not be converted and will cease operation. This will affect around 127,000 households in over 700 communities. Households in those areas may need to install VAST in order to watch free-to-air television.”

That represents a significant number of VAST installations which will cost the individual taxpayer.

Many consumer groups and Local Councils believe that either the Federal Government or broadcasters should upgrade existing analogue self-help facilities to digital terrestrial, for any community with a population of 500 or more.

Broadening the Satellite Subsidy Scheme – to more than one appliance, and to allow pooling

Evidence given by the Local Government Association of Queensland included the following:

(foot note page 3 of submission including following table):

“The Government sought to get the commercial broadcasters to upgrade all current self-help communities (either by direct upgrade or through a new gap filler) with populations above 500. However, even after this action, there are still approximately 100 or so other self-help retransmission sites in QLD that remain in limbo and we believe that at least 24 of the following 27 communities with populations at or well above 500 will have to go to VAST.”

Alpha

Augathella

Dirranbandi

Injune

Meandarra

Miriam Vale/Bororen

Moonford

Quilpie

Richmond

Rosedale

Sapphire/Rubyvale

Surat

Taroom

Thangool

Wandoan

Woorabinda

Alligator Creek

Aurakun

Bamaga

Gununa

Hope Vale

Karumba

Kowanyama

Mossman South

Normanton

(refer example below)

Napranum

Tully Heads

 

 

 

If VAST alone is provided to households in any particular region, the accompanying cost for individual taxpayers is significant.  The Government continues to assert that a home eligible for the Satellite Subsidy Scheme will pay between $200-$350 (roughly the equivalent of converting to digital), yet conveniently ignores that the subsidy can only apply to one appliance per household, and that this cost relates to the conversion of only one household appliance.  The average Australian home has four devices (between televisions and recorders) needing to be converted.  A more accurate ‘average’ cost of  converting a household to digital is an additional $1000 to $1500 in household expenditure (principally additional set top boxes and sockets in various rooms).

As put to the inquiry:  

“It has been acknowledged by the department that it is technically possible to undertake the self-help terrestrial retransmission. In fact, the department has advised a cost of potentially between $110,000 and $270,000.”

(Mr Hoffman, General Manager- Advocate, LGAQ  page 11 Hansard Senate Inquiry 15 March 2011).

 

The Local Government Association of Queensland illustrated by example with the remote Queensland town of Normanton, where there are 552 households. If each household were to convert to VAST, attracting a subsidy of $700 (for one appliance) per household, it would cost the government approximately $386,400.  Alternatively, if the Normanton council converted its self-help transmission facility to digital, the estimated cost would be anything from $110,000 - $270,000.3

 

Therefore, if the government were to allow relevant councils sufficient time to perform a cost/benefit analysis on the merits of upgrading their self-help facilities, compared with utilising VAST, self-help conversion may well deliver a net-positive, both in terms of community benefit and overall cost. 

If this were the practical impact of the Normanton council (and perhaps others) choosing to upgrade its self-help facility, then it may be appropriate for the government to allow ‘pooling’ of the satellite subsidy to seed-fund self-help conversion, or at the very least provide some funding to allay some of the resultant costs.

As a witness said:

“We believe that, because it is both more costly and less convenient to receive digital TV

channels via satellite than via terrestrial reception means, public policy should be directed at achieving a more appropriate balance between terrestrial and satellite delivery of digital TV services.”2

 

2Mr Barclay, CEO, Broadcast Australia, Senate Inquiry 15 March 2011

Broadcasting Australia’s response to “Why do you think the government is pushing local councils and local regions to utilise VAST ? was ”:

“This is pure assumption on my behalf and therefore you should take it that way. It is hard for me to understand why, but I suspect it could be a combination, that the department did not fully understand the number of devices that are in people’s homes and need to be converted and, hence, the satellite subsidy scheme was only ever aimed at converting one device1

1Mr McGarrity, Technical Advisor, Broadcast Australia, Senate Inquiry 15 March 2011

This view was supported by Ms Nerida O’Loughlin, Deputy Secretary, Department of Broadband, Communications and the Digital Economy (DBCDE):

“The government’s commitment generally for digital is to look at supporting the conversion of the main television in a household. But then it will be a matter for people to choose what other televisions in their home they upgrade.”

We urge the government to further consider allowing flexible application of the SSS funds, by ‘pooling’ to allow local councils to fund digital upgrades to their existing self-help transmission (which are otherwise reducing government costs through the non–take up of VAST).

This practical solution would allow digital transmission and would alleviate, to a degree, the cost to be otherwise incurred by local government and residents.  Broadcasting Australia, RAPAD and the LGAQ consider that this would be a sound concept.


Satellite Subsidy Scheme – broaden it to cover small business

The Government should consider some subsidy for small businesses to transition to terrestrial Digital Television in remote Australia.

The VAST Satellite Subsidy Scheme only applies to private residential households, not to hospitals, nursing homes, hotels and caravan parks and other businesses which might provide television services to customers or guests.  The government does not seem to have considered the likely substantial if not prohibitive cost that may otherwise have to be incurred by small businesses to procure digital television transmission.

The cost to these small businesses to install multiple VAST service units is open-ended, and this is particularly relevant to towns and communities that rely heavily on tourism as a source of income and activity.

“We are trying to assess on behalf of individual tourism businesses the likely cost. Some of them who have looked into it are estimating it is a substantial cost - $10,000, or $20,000”

(Mr Arnold, Manager, RAPAD, Senate Inquiry 15 March 2011. These estimates were provided by the  Minister to the Chair of RAPAD (further submission by Broadcasting Australia on 16 March 2011).

Remote commercial TV entities able to transmit (terrestrially) digital channels, solely in standard-definition

Items 6, 38, 39, 41 & 45 of the Bill

The Bill would authorise (but not require) remote commercial broadcasters,  before the end of relevant switchover,  to provide digital multi-channels, solely via standard-definition.  The Broadcasting Legislation Amendment (Digital Television) Act 2010 introduced similar authorisation for commercial broadcasting services operating in smaller regional markets, such as regional South Australia, Griffith and Broken Hill.

We note that the intention of these provisions is to provide multi-channel services in standard-definition, rather than high-definition.  We do understand that commercial broadcasters in smaller television markets (such as regional South Australia, Broken Hill and Griffith), may not be in a position to make the significant investment which high-definition services require, at least in the short term.   We recognise that the broadcasters could choose to roll out multi-channels in a two-stage process, providing all initial services in standard-definition (requiring two transmitters), and subsequently providing others in high-definition (requiring a third transmitter).

Coalition Senators understand that during this switch-over process, the commercial broadcasters are cognisant of the interests of all Australian viewers.  However, we are concerned that there is no provision (be it in this Bill or through an ACMA directive, or otherwise) which might ensure that commercial broadcasters  meet an ongoing high-definition television quota.

 

Schedule 1 of Bill

Schedule 1 of the Bill concerns re-alignment of the existing licence areas into new Television Licence Area Plans (TLAPs).

Coalition Senators are concerned at the extensive powers of the Minister to direct the Australian Communications and Media Authority (ACMA) about making or varying a TLAP for a particular area. We note that it is not intended that every TLAP reflect all the characteristics of each of the existing licence plans, and are concerned that there is scope for skewing of resources between respective broadcasters.

The Department testifies that there is ‘no express prohibition on ACMA allotting broadcasting spectrum in whatever way it sees fit”.  We note with concern that this means ACMA could have the discretionary power to allocate greater than two channels per TLAP to a more powerful broadcaster, to the detriment of the lesser players in the market.  We consider this possible, despite Departmental reassurances that the intention ‘is not to disadvantage any broadcaster’, and for ACMA to assign ‘...channels of equivalent utility...’ to “...all broadcasters in a particular area...”

(footnote QoN No. 3 in writing to DBCDE)

Schedule 2 of Bill

Areas exempt from digital transmission requirement – commercial television licensees and National broadcasters

Items 47 and 50 to 52 of the Bill

The Bill proposes to allow a commercial or national broadcaster to apply to the Minister for exemption from the digital conversion of a particular analogue transmission facility

Coalition Senators understand that under the current provisions of the Broadcasting Services Act 1992, broadcasters have no choice but to convert their analogue facilities in a way which provides for the same (terrestrial) signal coverage.

However, the Bill allows too much scope for a broadcaster to apply for an exemption from upgrading or installing digital terrestrial services, especially in remote areas.

The Bill effectively means that any broadcaster can request exemption from providing digital terrestrial transmission facilities within its allocated ACMA Conversion Scheme.  This allows exemption for a facility within an approved Implementation Plan, which serves any community (regardless of the community’s population) which is not serviced now by all relevant local free-to-air entities through analogue terrestrial transmission facilities each of those entities operate.  This is a rather complex way of saying that the existence of a community’s  analogue self-help facility won’t knock-out a broadcaster’s claim to be exempted from providing digital terrestrial transmission facilities to that community.  In other words, the existence of a community’s  analogue self-help facility simply doesn’t count. 

This scenario undermines the Government’s reassurances that the Minister of the day will only grant these exemptions in limited and specific circumstances.  If so, then why is the Government not proposing to legislate those limited and specific circumstances?

Conclusion

Noting that the passage of legislation is necessary to continue to implement the Government’s digital switch-over policy, Coalition Senators urge the Government to consider amending the Bill consistent with concerns we have expressed in these additional comments.

Senator Mary Jo Fisher
Deputy Chair

Senator the Hon Judith Troeth

Senator Simon Birmingham

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