Commercial Television Conversion Scheme 1999
Div 11Transmission in regional licence area before start of simulcast period
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Division 11 Transmission in regional licence area before start of simulcast period
Note about ‘early’ transmissions
Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with the conversion process starting at different times in different licence areas.
The timetable, and other arrangements in this scheme, assume that a holder will make arrangements with the intention of broadcasting in digital mode from the start of the simulcast period applicable to the holder. However, the timetable does not prevent a holder for a regional licence area from starting transmissions before the start of the simulcast period.
It is important to note that some holders may be broadcasting before the start of simulcast periods to test their digital equipment, and their capacity to provide transmissions of adequate coverage and quality. Other holders will be broadcasting their regular digital services under an approved implementation plan.
Although there may appear to be no visual difference between a test transmission and ‘regular’ transmission, the Act treats them differently and allows this scheme to impose different requirements for the kinds of transmission.
Under this Division, the holder will need to apply to the ACMA for approval to transmit a regular digital service before the start of the simulcast period. the ACMA will approve an application if certain requirements are met.
The holder may, or may not, have an approved implementation plan in force at the start of this period of early transmission. If the holder has an approved implementation plan, the holder is likely to be seeking to start transmission earlier than the date of effect stated in the holder’s licence.
If the holder does not have an approved implementation plan, the ACMA expects the holder to prepare and submit a plan in accordance with Division 3 of this Part. If the holder does not have an approved plan by the deadline for submitting a plan, or by the start of the simulcast period, the ACMA will decide whether it is appropriate to allow the holder to continue to transmit without an approved plan.