Posted this on MediaSpy as well, this is my interpretation of the bill put forward. I am not a lawyer, but I think I've got it right:
The channels will be formed by new supplementary licences called 'Section 38C', which builds on 38A licences, which are the secondary analogue channels in solus markets, like Prime Griffith, WIN Ten and Southern Cross Ten in the GTS/BKN licence area, and 38B licences, which are the digital third channels in two channel markets, like TDT and MDT.
As such, they will be offered to either joint venture companies or individual companies, who have licences in eligible areas,
For South Eastern Australia TV3 and Northern Australia TV3,
The commercial television broadcasting licensees for the following licence areas:
(a) Remote Central and Eastern Australia TV1;
(B) Remote Central and Eastern Australia TV2;
© Mt Isa TV1.
And for Western Australia TV3,
(a) Remote and Regional WA TV1;
(B) Western Zone TV1;
© Kalgoorlie TV1;
(d) Geraldton TV1;
(e) South West and Great Southern TV1.
Basically, this means that it will be the existing operators, but there is a split of the Remote Central and Eastern Australia, licence area and technically they will get new licences.
In all likelyhood, this will result in Imparja/WIN having the Nine affiliate, Southern Cross/GWN having the Seven, and a joint venture for the Ten. But technically I believe they can both apply for the same licences individually, and they could end up owning two. This is only slightly likely if Southern Cross try to squeeze Imparja out.
In terms of services, it seems somewhat contradictory, but I will currently say that there seems to be an option to provide 2 SD multichannels, so it may be possible that HD channels are shown as SD ones. If this is just tacked on to Aurora without changing to a DVB-S2 platform (the legislation makes no mention of formats, so this is possible)
As for those wanting all the channels:
Quote
(3) The first objective is that:
(a) the scheme should specify the related terrestrial licence areas as areas that are taken to be areas ( category A reception areas ) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; and
(B) if a terrestrial licensee for a related terrestrial licence area is authorised, under paragraph 7(2A)(d) of Schedule 2, to provide a commercial television broadcasting service outside the related terrestrial licence area to one or more persons who are in the section 38C licence area—the scheme should provide that those persons are taken in to be in a category A reception area.
(4) The second objective is that the scheme should:
(a) specify one or more areas included in the section 38C licence area; or
(B) specify a method for ascertaining one or more areas included in the section 38C licence area;
that are taken to be areas ( category B reception areas ) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.
This means you are only eligible if you do not receive one of the channels in your licence area. For example if you get perfect digital of WIN, Prime, ABC and SBS, but no Southern Cross, you are eligible. But if you do get all of them,
you are not eligible for the satellite service.
It seems that a central authority rather than the individual broadcasters will act as a gatekeeper for this service, meaning you won't need to write to the commercial stations separately as currently happens.
You can only get access to this service 6 months prior to analogue switch off in your market area. So even if you currently only get analogue, it will not be until 6 months before the switchoff that you will actually get to access the service, even if you know you will never get digital.
Time zones will be based on 'a specified place' in the service area, so likely this will mean that the North Australia service will continue to be on Queensland and not NT time.
The good bits:
The licencees are required to provide a HD/SD Multichannel that 'has the same, or substantially the same, program content' as either their related terrestrial service, or if they don't provide the service terrestrially, they have to have 'the same, or substantially the same, program content' as the metro service.
So basically, if a metro broadcast station in 'the related licence area' provides a channel, it must be carried by the satellite service. However the big but is that after the start date of this service, this stops. As in, all new services started by broadcasters
after the commencement of the sattelite service can be not carried if 'the ACMA considers that it is not technically feasible for the licensee of the section 38C licence to provide the required service'. After digital switchoff, that restriction on non-carriage doesn't apply.
So in short:
If you currently get all the channels, you aren't eligible
If you currently are more than 6 months away from analogue switch off in your area and you don't get all the channels in digital, you aren't eligible.
If you are less than 6 months from analogue switch off and you don't get all channels in terrestrial digital, you are eligible.
They will be operated by the incumbent remote broadcasters and joint ventures of them, not the metro networks. However the non-WA remote area has been split.
They are required to provide any service currently provided by the metro networks in the licence areas covered, or from their terrestrial counterparts.
There is no requirement for digital terrestrial services to also carry metro networks, so it is inevitable that the satellite service will have more channels than terrestrial services in some areas. There is perhaps wiggle room on the definition of receiving 'all of the applicable terrestrial digital commercial television broadcasting services' and whether not receiving a multichannel offered in metro areas but not by your local regional affiliate makes you eligible, but I doubt that will work.
No mention is made of the formats used for broadcast.
Source, my interpretation of
http://parlinfo.aph....rec=0;resCount=
Edited by GoForMoe, 18 March 2010 - 05:31 PM.