{"id":"F2010L01990","name":"Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010","slug":"australian-communications-and-media-authority-realising-the-digital-dividend-direction-2010","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":124451,"registerId":"commonwealth-F2010L01990-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"part","heading":"Name of Direction","content":"## 1 Name of Direction\n\nThis Direction is the Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010.","sortOrder":0},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"## 2 Commencement\n\nThis Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.","sortOrder":1},{"sectionNumber":"3","sectionType":"part","heading":"Definitions","content":"## 3 Definitions\n\nIn this Direction:\n\nACMA means the Australian Communications and Media Authority.\n\nACMA Act means the Australian Communications and Media Authority Act 2005.\n\nbroadcasting services bands has the same meaning as in section 6 of the BSA.\n\nBSA means the Broadcasting Services Act 1992.\n\ncommercial television conversion scheme means a scheme under clause 6 of Schedule 4 to the BSA.\n\nDCP means a digital channel plan made under a commercial television conversion scheme or a national television conversion scheme in accordance with the applicable clause 7A or clause 22A of Schedule 4 to the BSA.\n\ndigital dividend policy objectives has the meaning given by clause 4.\n\ndigital mode has the same meaning as in clause 4 of Schedule 4 to the BSA.\n\ndigital radio broadcasting service means a broadcasting service that delivers radio programs, and is transmitted using a digital modulation technique.\n\nFAP means a frequency allotment plan made under subsection 25(1) of the BSA.\n\nfinal digital television switch-over day has the same meaning as in section 8AE of the BSA.\n\nLAP means a licence area plan made under subsection 26(1) of the BSA.\n\nmetropolitan licence area has the same meaning as in clause 2 of Schedule 4 to the BSA.\n\nnational television conversion scheme means a scheme under clause 19 of Schedule 4 to the BSA.\n\nRadiocommunications Act means the Radiocommunications Act 1992.\n\nregional licence area has the same meaning as in clause 2 of Schedule 4 to the BSA.\n\nremote licence area has the same meaning as in clause 5 of Schedule 4 to the BSA.\n\ntelevision broadcasting service means a broadcasting service that transmits television programs in analog or digital mode using the broadcasting services bands that are able to be received by domestic reception equipment that is neither hand‑held nor battery operated.","sortOrder":2},{"sectionNumber":"4","sectionType":"part","heading":"Direction — ACMA to manage radiofrequency spectrum in accordance with Commonwealth communications policy objectives","content":"## 4 Direction – ACMA to manage radiofrequency spectrum in accordance with Commonwealth communications policy objectives","sortOrder":3},{"sectionNumber":"(1) I direct the ACMA under section 14 o","sectionType":"part","heading":"(1) I direct the ACMA under section 14 of the ACMA Act when performing its spectrum management functions to act in accordance with the following Commonwealth communications policy objectives (the digital dividend policy objectives):","content":"Commonwealth of Australia\n\nAustralian Communications and Media Authority Act 2005\n\nBroadcasting Services Act 1992\n\nAUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY (REALISING THE DIGITAL DIVIDEND) DIRECTION 2010\n\nI, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications, and the Digital Economy make the following Directions under section 14 of the Australian Communications and Media Authority Act 2005, subsection 25(3) and clauses 15 and 29 of Schedule 4 to the Broadcasting Services Act 1992.\n\nDated 9 July 2010.\n\nSTEPHEN MICHAEL CONROY\n\nMinister for Broadband, Communications, and the Digital Economy \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n## \n\n## 1 Name of Direction\n\nThis Direction is the Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010.\n\n## 2 Commencement\n\nThis Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\n## 3 Definitions\n\nIn this Direction:\n\nACMA means the Australian Communications and Media Authority.\n\nACMA Act means the Australian Communications and Media Authority Act 2005.\n\nbroadcasting services bands has the same meaning as in section 6 of the BSA.\n\nBSA means the Broadcasting Services Act 1992.\n\ncommercial television conversion scheme means a scheme under clause 6 of Schedule 4 to the BSA.\n\nDCP means a digital channel plan made under a commercial television conversion scheme or a national television conversion scheme in accordance with the applicable clause 7A or clause 22A of Schedule 4 to the BSA.\n\ndigital dividend policy objectives has the meaning given by clause 4.\n\ndigital mode has the same meaning as in clause 4 of Schedule 4 to the BSA.\n\ndigital radio broadcasting service means a broadcasting service that delivers radio programs, and is transmitted using a digital modulation technique.\n\nFAP means a frequency allotment plan made under subsection 25(1) of the BSA.\n\nfinal digital television switch-over day has the same meaning as in section 8AE of the BSA.\n\nLAP means a licence area plan made under subsection 26(1) of the BSA.\n\nmetropolitan licence area has the same meaning as in clause 2 of Schedule 4 to the BSA.\n\nnational television conversion scheme means a scheme under clause 19 of Schedule 4 to the BSA.\n\nRadiocommunications Act means the Radiocommunications Act 1992.\n\nregional licence area has the same meaning as in clause 2 of Schedule 4 to the BSA.\n\nremote licence area has the same meaning as in clause 5 of Schedule 4 to the BSA.\n\ntelevision broadcasting service means a broadcasting service that transmits television programs in analog or digital mode using the broadcasting services bands that are able to be received by domestic reception equipment that is neither hand‑held nor battery operated.\n\n## 4 Direction – ACMA to manage radiofrequency spectrum in accordance with Commonwealth communications policy objectives\n\n## (1) I direct the ACMA under section 14 of the ACMA Act when performing its spectrum management functions to act in accordance with the following Commonwealth communications policy objectives (the digital dividend policy objectives):\n\n## (a) that the part of the broadcasting services bands comprising the frequencies 694 to 820 megahertz inclusive (the digital dividend spectrum) is to be cleared, over time, of broadcasting services and datacasting services;\n\n## (b) that the clearance of the digital dividend spectrum be completed as soon as possible after the final digital television switch-over day.\n\n## 5 Direction – ACMA to consider whether to vary a FAP\n\nI direct ACMA under subsection 25(3), and clauses 15 and 29 of Schedule 4 to the BSA to consider, in relation to the digital dividend policy objectives, whether to exercise its powers to vary:\n\n(a) a FAP under subsection 25(2) of the BSA; or\n\n(b) the commercial television conversion scheme or the national television conversion scheme in a manner that varies a FAP under subclauses 16(1) and 30(1) of Schedule 4 to the BSA;\n\nso that, over time:\n\n(c) in each metropolitan licence area, the number of channels to be made available for the provision of television broadcasting services in digital mode not exceed six at a particular area (located between 174 megahertz and 230 megahertz inclusive);\n\n(d) in each metropolitan licence area, 14 megahertz (located between 174 megahertz and 230 megahertz inclusive) should not be made available for television broadcasting services, to allow for the provision of digital radio broadcasting services.\n\n## 6 Direction – ACMA to consider whether to vary a LAP\n\n(1) I direct the ACMA under section 14 of the ACMA Act to consider whether to exercise its powers under subsection 26(2) of the BSA to vary each LAP to the extent that it deals with:\n\n(a) commercial television broadcasting services;\n\n(b) national television broadcasting services;\n\n(c) digital radio broadcasting services (as the case requires);\n\n(d) other television broadcasting services (as the case requires).\n\n(2) Pursuant to subclause (1), I direct the ACMA to have regard to the digital dividend policy objectives when considering whether (and, if so, how) to vary each LAP.\n\nLicence area planning for metropolitan licence areas\n\n(3) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a metropolitan licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that, where practicable, it is desirable for all television broadcasting services transmitted in digital mode and digital radio broadcasting services to be located in the same frequency band.\n\nLicence area planning for regional licence areas and remote licence areas\n\n(4) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a regional licence area or a remote licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that licence area planning that is not necessary for, or directly consequential to, achieving the digital dividend policy objectives should, wherever possible:\n\n(a) minimise disruption for the affected television audience including, but not limited to, disruption caused by the need to re‑orientate, upgrade or replace antennas;\n\n(b) minimise the financial impact on affected commercial television broadcasting services and national television broadcasting services.\n\n## 7 Direction – ACMA to consider whether to vary a conversion scheme\n\n(1) I direct the ACMA under clauses 15 and 29 of Schedule 4 to the BSA to have regard to the digital dividend policy objectives and to consider whether to exercise its powers under clauses 16 or 30 of Schedule 4 to the BSA to vary the commercial television conversion scheme or the national television conversion scheme (the conversion schemes) so as to make or vary, over time, a DCP, or to allot channels for transmission in digital mode.\n\n(2) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power to vary the conversion schemes, I direct ACMA under section 14 of the ACMA Act to take into account the following Commonwealth policy objectives:\n\n(a) the desirability that, where practicable, commercial television broadcasting services and national television broadcasting services in a metropolitan licence area be located in the same frequency band;\n\n(b) the desirability that where DCPs are made or varied, or channels for digital transmission allotted, in regional licence areas or remote licence areas and the particular DCP activity or channel allotment is not necessary for, or directly consequential to, clearing the digital dividend spectrum, such planning or allotment is to:\n\n(i) minimise the financial impact on affected commercial television broadcasting services and national television broadcasting services;\n\n(ii) minimise disruption for the affected television audience including, but not limited to, disruption caused by the need to re‑orientate, upgrade, or replace antennas.\n\n## 8 Direction – ACMA to provide quarterly reports to the Minister about progress with re-organising broadcasting spectrum\n\n## (1) I direct the ACMA under section 14 of the ACMA Act to report to and advise the Minister about progress in each licence area towards achieving the Commonwealth communications policy objectives set out in these Directions, on a quarterly basis.\n\n## (2) This Direction does not prevent the ACMA from providing reports or advice to the Minister about any matter at any time.\n\n## 9 Direction – ACMA to review the desirability of frequencies 519-526 for broadcasting purposes\n\n## (1) I direct the ACMA under section 14 of the ACMA Act to periodically monitor and review the feasibility and desirability of using the frequencies 519-526 megahertz (inclusive) for future broadcasting purposes.\n\n## (2) I direct the ACMA under section 14 of the ACMA Act to provide advice, in a written report, to the Minister if the ACMA forms the opinion that the frequencies 519-526 megahertz (inclusive) are desirable for future broadcasting purposes.","sortOrder":4},{"sectionNumber":"(a) that the part of the broadcasting se","sectionType":"part","heading":"(a) that the part of the broadcasting services bands comprising the frequencies 694 to 820 megahertz inclusive (the digital dividend spectrum) is to be cleared, over time, of broadcasting services and datacasting services;","content":"Commonwealth of Australia\n\nAustralian Communications and Media Authority Act 2005\n\nBroadcasting Services Act 1992\n\nAUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY (REALISING THE DIGITAL DIVIDEND) DIRECTION 2010\n\nI, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications, and the Digital Economy make the following Directions under section 14 of the Australian Communications and Media Authority Act 2005, subsection 25(3) and clauses 15 and 29 of Schedule 4 to the Broadcasting Services Act 1992.\n\nDated 9 July 2010.\n\nSTEPHEN MICHAEL CONROY\n\nMinister for Broadband, Communications, and the Digital Economy \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n## \n\n## 1 Name of Direction\n\nThis Direction is the Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010.\n\n## 2 Commencement\n\nThis Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\n## 3 Definitions\n\nIn this Direction:\n\nACMA means the Australian Communications and Media Authority.\n\nACMA Act means the Australian Communications and Media Authority Act 2005.\n\nbroadcasting services bands has the same meaning as in section 6 of the BSA.\n\nBSA means the Broadcasting Services Act 1992.\n\ncommercial television conversion scheme means a scheme under clause 6 of Schedule 4 to the BSA.\n\nDCP means a digital channel plan made under a commercial television conversion scheme or a national television conversion scheme in accordance with the applicable clause 7A or clause 22A of Schedule 4 to the BSA.\n\ndigital dividend policy objectives has the meaning given by clause 4.\n\ndigital mode has the same meaning as in clause 4 of Schedule 4 to the BSA.\n\ndigital radio broadcasting service means a broadcasting service that delivers radio programs, and is transmitted using a digital modulation technique.\n\nFAP means a frequency allotment plan made under subsection 25(1) of the BSA.\n\nfinal digital television switch-over day has the same meaning as in section 8AE of the BSA.\n\nLAP means a licence area plan made under subsection 26(1) of the BSA.\n\nmetropolitan licence area has the same meaning as in clause 2 of Schedule 4 to the BSA.\n\nnational television conversion scheme means a scheme under clause 19 of Schedule 4 to the BSA.\n\nRadiocommunications Act means the Radiocommunications Act 1992.\n\nregional licence area has the same meaning as in clause 2 of Schedule 4 to the BSA.\n\nremote licence area has the same meaning as in clause 5 of Schedule 4 to the BSA.\n\ntelevision broadcasting service means a broadcasting service that transmits television programs in analog or digital mode using the broadcasting services bands that are able to be received by domestic reception equipment that is neither hand‑held nor battery operated.\n\n## 4 Direction – ACMA to manage radiofrequency spectrum in accordance with Commonwealth communications policy objectives\n\n## (1) I direct the ACMA under section 14 of the ACMA Act when performing its spectrum management functions to act in accordance with the following Commonwealth communications policy objectives (the digital dividend policy objectives):\n\n## (a) that the part of the broadcasting services bands comprising the frequencies 694 to 820 megahertz inclusive (the digital dividend spectrum) is to be cleared, over time, of broadcasting services and datacasting services;\n\n## (b) that the clearance of the digital dividend spectrum be completed as soon as possible after the final digital television switch-over day.\n\n## 5 Direction – ACMA to consider whether to vary a FAP\n\nI direct ACMA under subsection 25(3), and clauses 15 and 29 of Schedule 4 to the BSA to consider, in relation to the digital dividend policy objectives, whether to exercise its powers to vary:\n\n(a) a FAP under subsection 25(2) of the BSA; or\n\n(b) the commercial television conversion scheme or the national television conversion scheme in a manner that varies a FAP under subclauses 16(1) and 30(1) of Schedule 4 to the BSA;\n\nso that, over time:\n\n(c) in each metropolitan licence area, the number of channels to be made available for the provision of television broadcasting services in digital mode not exceed six at a particular area (located between 174 megahertz and 230 megahertz inclusive);\n\n(d) in each metropolitan licence area, 14 megahertz (located between 174 megahertz and 230 megahertz inclusive) should not be made available for television broadcasting services, to allow for the provision of digital radio broadcasting services.\n\n## 6 Direction – ACMA to consider whether to vary a LAP\n\n(1) I direct the ACMA under section 14 of the ACMA Act to consider whether to exercise its powers under subsection 26(2) of the BSA to vary each LAP to the extent that it deals with:\n\n(a) commercial television broadcasting services;\n\n(b) national television broadcasting services;\n\n(c) digital radio broadcasting services (as the case requires);\n\n(d) other television broadcasting services (as the case requires).\n\n(2) Pursuant to subclause (1), I direct the ACMA to have regard to the digital dividend policy objectives when considering whether (and, if so, how) to vary each LAP.\n\nLicence area planning for metropolitan licence areas\n\n(3) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a metropolitan licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that, where practicable, it is desirable for all television broadcasting services transmitted in digital mode and digital radio broadcasting services to be located in the same frequency band.\n\nLicence area planning for regional licence areas and remote licence areas\n\n(4) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a regional licence area or a remote licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that licence area planning that is not necessary for, or directly consequential to, achieving the digital dividend policy objectives should, wherever possible:\n\n(a) minimise disruption for the affected television audience including, but not limited to, disruption caused by the need to re‑orientate, upgrade or replace antennas;\n\n(b) minimise the financial impact on affected commercial television broadcasting services and national television broadcasting services.\n\n## 7 Direction – ACMA to consider whether to vary a conversion scheme\n\n(1) I direct the ACMA under clauses 15 and 29 of Schedule 4 to the BSA to have regard to the digital dividend policy objectives and to consider whether to exercise its powers under clauses 16 or 30 of Schedule 4 to the BSA to vary the commercial television conversion scheme or the national television conversion scheme (the conversion schemes) so as to make or vary, over time, a DCP, or to allot channels for transmission in digital mode.\n\n(2) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power to vary the conversion schemes, I direct ACMA under section 14 of the ACMA Act to take into account the following Commonwealth policy objectives:\n\n(a) the desirability that, where practicable, commercial television broadcasting services and national television broadcasting services in a metropolitan licence area be located in the same frequency band;\n\n(b) the desirability that where DCPs are made or varied, or channels for digital transmission allotted, in regional licence areas or remote licence areas and the particular DCP activity or channel allotment is not necessary for, or directly consequential to, clearing the digital dividend spectrum, such planning or allotment is to:\n\n(i) minimise the financial impact on affected commercial television broadcasting services and national television broadcasting services;\n\n(ii) minimise disruption for the affected television audience including, but not limited to, disruption caused by the need to re‑orientate, upgrade, or replace antennas.\n\n## 8 Direction – ACMA to provide quarterly reports to the Minister about progress with re-organising broadcasting spectrum\n\n## (1) I direct the ACMA under section 14 of the ACMA Act to report to and advise the Minister about progress in each licence area towards achieving the Commonwealth communications policy objectives set out in these Directions, on a quarterly basis.\n\n## (2) This Direction does not prevent the ACMA from providing reports or advice to the Minister about any matter at any time.\n\n## 9 Direction – ACMA to review the desirability of frequencies 519-526 for broadcasting purposes\n\n## (1) I direct the ACMA under section 14 of the ACMA Act to periodically monitor and review the feasibility and desirability of using the frequencies 519-526 megahertz (inclusive) for future broadcasting purposes.\n\n## (2) I direct the ACMA under section 14 of the ACMA Act to provide advice, in a written report, to the Minister if the ACMA forms the opinion that the frequencies 519-526 megahertz (inclusive) are desirable for future broadcasting purposes.","sortOrder":5},{"sectionNumber":"(b) that the clearance of the digital di","sectionType":"part","heading":"(b) that the clearance of the digital dividend spectrum be completed as soon as possible after the final digital television switch-over day.","content":"## (b) that the clearance of the digital dividend spectrum be completed as soon as possible after the final digital television switch-over day.","sortOrder":6},{"sectionNumber":"5","sectionType":"part","heading":"Direction — ACMA to consider whether to vary a FAP","content":"## 5 Direction – ACMA to consider whether to vary a FAP\n\nI direct ACMA under subsection 25(3), and clauses 15 and 29 of Schedule 4 to the BSA to consider, in relation to the digital dividend policy objectives, whether to exercise its powers to vary:\n\n(a) a FAP under subsection 25(2) of the BSA; or\n\n(b) the commercial television conversion scheme or the national television conversion scheme in a manner that varies a FAP under subclauses 16(1) and 30(1) of Schedule 4 to the BSA;\n\nso that, over time:\n\n(c) in each metropolitan licence area, the number of channels to be made available for the provision of television broadcasting services in digital mode not exceed six at a particular area (located between 174 megahertz and 230 megahertz inclusive);\n\n(d) in each metropolitan licence area, 14 megahertz (located between 174 megahertz and 230 megahertz inclusive) should not be made available for television broadcasting services, to allow for the provision of digital radio broadcasting services.","sortOrder":7},{"sectionNumber":"6","sectionType":"part","heading":"Direction — ACMA to consider whether to vary a LAP","content":"## 6 Direction – ACMA to consider whether to vary a LAP\n\n(1) I direct the ACMA under section 14 of the ACMA Act to consider whether to exercise its powers under subsection 26(2) of the BSA to vary each LAP to the extent that it deals with:\n\n(a) commercial television broadcasting services;\n\n(b) national television broadcasting services;\n\n(c) digital radio broadcasting services (as the case requires);\n\n(d) other television broadcasting services (as the case requires).\n\n(2) Pursuant to subclause (1), I direct the ACMA to have regard to the digital dividend policy objectives when considering whether (and, if so, how) to vary each LAP.\n\nLicence area planning for metropolitan licence areas\n\n(3) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a metropolitan licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that, where practicable, it is desirable for all television broadcasting services transmitted in digital mode and digital radio broadcasting services to be located in the same frequency band.\n\nLicence area planning for regional licence areas and remote licence areas\n\n(4) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power under subsection 26(2) of the BSA in relation to a LAP for a regional licence area or a remote licence area, I direct the ACMA under section 14 of the ACMA Act to take into account the policy objective that licence area planning that is not necessary for, or directly consequential to, achieving the digital dividend policy objectives should, wherever possible:\n\n(a) minimise disruption for the affected television audience including, but not limited to, disruption caused by the need to re‑orientate, upgrade or replace antennas;\n\n(b) minimise the financial impact on affected commercial television broadcasting services and national television broadcasting services.","sortOrder":8},{"sectionNumber":"7","sectionType":"part","heading":"Direction — ACMA to consider whether to vary a conversion scheme","content":"## 7 Direction – ACMA to consider whether to vary a conversion scheme\n\n(1) I direct the ACMA under clauses 15 and 29 of Schedule 4 to the BSA to have regard to the digital dividend policy objectives and to consider whether to exercise its powers under clauses 16 or 30 of Schedule 4 to the BSA to vary the commercial television conversion scheme or the national television conversion scheme (the conversion schemes) so as to make or vary, over time, a DCP, or to allot channels for transmission in digital mode.\n\n(2) Pursuant to subclause (1), in deciding whether (and, if so, how) to exercise its power to vary the conversion schemes, I direct ACMA under section 14 of the ACMA Act to take into account the following Commonwealth policy objectives:\n\n(a) the desirability that, where practicable, commercial television broadcasting services and national television broadcasting services in a metropolitan licence area be located in the same frequency band;\n\n(b) the desirability that where DCPs are made or varied, or channels for digital transmission allotted, in regional licence areas or remote licence areas and the particular DCP activity or channel allotment is not necessary for, or directly consequential to, clearing the digital dividend spectrum, such planning or allotment is to:\n\n(i) minimise the financial impact on affected commercial television broadcasting services and national television broadcasting services;\n\n(ii) minimise disruption for the affected television audience including, but not limited to, disruption caused by the need to re‑orientate, upgrade, or replace antennas.","sortOrder":9},{"sectionNumber":"8","sectionType":"part","heading":"Direction — ACMA to provide quarterly reports to the Minister about progress with re-organising broadcasting spectrum","content":"## 8 Direction – ACMA to provide quarterly reports to the Minister about progress with re-organising broadcasting spectrum","sortOrder":10},{"sectionNumber":"(2) This Direction does not prevent the ","sectionType":"part","heading":"(2) This Direction does not prevent the ACMA from providing reports or advice to the Minister about any matter at any time.","content":"## (2) This Direction does not prevent the ACMA from providing reports or advice to the Minister about any matter at any time.","sortOrder":12},{"sectionNumber":"9","sectionType":"part","heading":"Direction — ACMA to review the desirability of frequencies 519-526 for broadcasting purposes","content":"## 9 Direction – ACMA to review the desirability of frequencies 519-526 for broadcasting purposes","sortOrder":13},{"sectionNumber":"(2) I direct the ACMA under section 14 o","sectionType":"part","heading":"(2) I direct the ACMA under section 14 of the ACMA Act to provide advice, in a written report, to the Minister if the ACMA forms the opinion that the frequencies 519-526 megahertz (inclusive) are desirable for future broadcasting purposes.","content":"## (2) I direct the ACMA under section 14 of the ACMA Act to provide advice, in a written report, to the Minister if the ACMA forms the opinion that the frequencies 519-526 megahertz (inclusive) are desirable for future broadcasting purposes.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Direction narrows and redirects ACMA's spectrum‑management discretion by imposing specific \"digital dividend\" policy objectives (clause 4) and instructing ACMA to consider using its powers to vary frequency allotment plans, conversion schemes and licence area plans (clauses 5–7). It adds reporting obligations (clause 8) and a duty to review 519–526 MHz (clause 9). Mechanically, it prioritises clearing 694–820 MHz, reserving spectrum for digital radio and limiting TV channels in specified bands, thereby reshaping ACMA's decision priorities and processes."},"complexity_factors":["Cross-references to multiple Acts and many specific statutory powers (ACMA Act, Broadcasting Services Act, Radiocommunications Act)","Technical frequency-range specifications (694–820 MHz; 174–230 MHz; 519–526 MHz) requiring engineering assessment","Mixed instruction language: mandatory directions to act in accordance with objectives but repeated use of \"consider\" and discretionary powers (clauses 4, 5–7)","Different rules for metropolitan, regional and remote licence areas with distinct policy priorities (clause 6)","Interaction with existing conversion schemes, FAPs, LAPs and DCPs—implementation requires coordination across licensing, planning and technical processes (clauses 5–7)","Compliance and administrative burden: quarterly reporting to the Minister and periodic review obligations (clauses 8–9)","Potential financial and audience‑impact trade-offs flagged for minimisation but not quantified, leaving ACMA to balance competing costs and incentives"],"plain_english_summary":"This Direction requires the ACMA to manage radiofrequency spectrum to implement “digital dividend” objectives: clear 694–820 MHz of broadcasting and datacasting over time, complete clearance as soon as practicable after analog TV switch‑off, reserve capacity for digital radio, and limit TV channels in specified bands. It directs ACMA to consider varying frequency allotment plans, licence area plans and conversion schemes, report quarterly to the Minister, and review 519–526 MHz for possible future broadcasting use. Broadcasters, digital radio providers and ACMA’s planning choices are directly affected."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to be a complete ministerial direction consistent with its original purpose of managing the digital TV switchover and spectrum reallocation. No evidence of scope creep beyond the original digital dividend policy objectives."},"complexity_factors":["15 defined terms in section 3, many cross-referencing the Broadcasting Services Act 1992 and its Schedule 4","Multiple overlapping statutory powers invoked (ACMA Act s 14, BSA ss 25-26, BSA Schedule 4 clauses 15, 16, 29, 30)","Nested conditional logic: directions to 'consider whether to exercise powers' rather than direct commands to act","Geographic differentiation between metropolitan, regional and remote licence areas with different policy objectives for each","Technical frequency specifications (694-820 MHz, 174-230 MHz, 519-526 MHz) requiring domain knowledge to interpret","Distinction between FAPs (frequency allotment plans), LAPs (licence area plans) and DCPs (digital channel plans) — three different planning instruments under the BSA"],"plain_english_summary":"This ministerial direction instructed ACMA to free the 694–820 MHz \"digital dividend\" band after analog TV switch-off, reorganise metropolitan TV capacity and protect regional viewers from unnecessary retuning or antenna costs, with quarterly progress reports and consideration of 519–526 MHz for future use.  \n\nIt directly constrained ACMA and affected TV broadcasters and regional audiences, enabling the release of valuable spectrum that paved the way for mobile broadband reuse and government revenue from spectrum sales."}},"importantCases":[],"_links":{"self":"/api/acts/australian-communications-and-media-authority-realising-the-digital-dividend-direction-2010","history":"/api/acts/australian-communications-and-media-authority-realising-the-digital-dividend-direction-2010/history","analysis":"/api/acts/australian-communications-and-media-authority-realising-the-digital-dividend-direction-2010/analysis","conflicts":"/api/acts/australian-communications-and-media-authority-realising-the-digital-dividend-direction-2010/conflicts","importantCases":"/api/acts/australian-communications-and-media-authority-realising-the-digital-dividend-direction-2010/important-cases","documents":"/api/acts/australian-communications-and-media-authority-realising-the-digital-dividend-direction-2010/documents"}}