94First digital channel plan

94 First digital channel plan

(1) This section applies to the preparation and making of, and the consultation process for, the first digital channel plan.

(2) the ACMA may use material or a document prepared before the commencement of this section.

(3) The preparation of a draft digital channel plan by the ACMA before the commencement of this section is taken to comply with section 88.

(4) The publication of a notice about a draft digital channel plan and inviting comments on the draft digital channel plan by the ACMA before the commencement of this section is taken to comply with section 89.

(5) The revision of the draft digital channel plan by the ACMA before the commencement of this section, and the ACMA’s decision, before the commencement of this section, whether to invite comments on the revised draft digital channel plan, are taken to comply with section 90.

Division 4 Implementation plans

Note about implementation plans

Under clause 20 of Schedule 4 to the Act, a national broadcaster must prepare, and give to the Minister, 1 or more implementation plans relating to digital transmission.

The implementation plan is a key step in the digital conversion process.

It is a national broadcaster’s binding commitment, approved by the Minister:

(a) to provide transmission of a national television broadcasting service in digital mode from specified sites; and

(b) to cover specified areas by specified dates;

to achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.

Each national broadcaster that broadcasts in a coverage area will be required to submit to the Minister at least 1 implementation plan, dealing with important technical and administrative aspects of conversion to digital transmission in the area.

The national broadcaster may submit a single, comprehensive, plan for the area or a series of plans that develop the national broadcaster’s digital transmission arrangements for the area in stages.

The Minister will assess the draft plan (or a plan that is part of a series), and approve or
reject it.

An approved implementation plan becomes the basis on which the national broadcaster will convert to digital transmission. However, as conversion proceeds, the national broadcaster may ask for the approved implementation plan to be varied.

Under subclause 20 (6) of Schedule 4 to the Act, an implementation plan comes into force when it is approved by the Minister.

Clause 21 of Schedule 4 to the Act provides that a national broadcaster must comply with an implementation plan it gave to the Minister, and that is in force.