There are many important components outlined under the Act that affect a diverse cross-section of society. This proposal will outline five sub-sections of the legislation relating to Digital TV that will either benefit or detriment different publics.
===The Datacasting Charge (Imposition) Act 1998.=== <p> The Datacasting Charge (Imposition) Act, 1998 is an act to impose an order in relation to the provision of datacasting services by the ABC, SBS and commercial television licensees.<p> Datacasters can be licensed to provide services that are different from traditional television broadcasting services. Spectrum in the broadcasting services band is made available to new datacasting services. Commercial television broadcasters will be required to pay a charge for datacasting on their digital spectrum. Free-to-air broadcasters cannot purchase this spectrum. However, can use their digital TV spectrum to provide datacasting services.<p> A transmitter licence must be provided by datacasting service providers, including commercial and national broadcasters. Datacasting is subject to rules which restrict the provision of the transmitter licence.<p> The Datacasting Charge (Imposition) Act 1998 imposes an outline of the rules and regulations datacasting service providers must abide by. It also outlines the amount of the charge and who that amount is payable to. The Act is important legislation and is relevant to existing commercial and non-commercial television licensees, however the Act is relevant to a wider spectrum of society because it allows the communication and broadcasting industry to introduce new business. Thus providing wider competition and opportunities for emerging market structures in the sector.<p> There has been no precedent set for datacasting legislation. Because datacasting is a new communication service the new laws governing will need constant review to adapt to how datacasters will provide the service and to tackle any unforeseen problems. For example the content of datacasting and the provisions of certain kinds of programs.
===Review of Restrictions on Multi-channelling and Other Services.=== <p>Review of Restrictions on Multi-channelling and Other Services<p> The former Minister for Communications, Information Technology and the Arts, Hon Daryl Williams, organised a review of digital television broadcasting simulcast restrictions (encompassing multi-channelling) and restrictions on the provision of services in digital spectrum and sought submissions from the public by 30 July 2004.<p> Multi-channelling is a method that broadcasts multiple digital TV program streams within one allocation of terrestrial broadcast spectrum. The review was released to raise the issues of the regulatory prohibitions on the provision of multi-channelling by commercial and national broadcasters. An objective of the restrictions was to balance the interests of the commercial and national TV, Pay TV and other communication sectors.<p> When legislation passed free-to-air (FTA) multi-channelling disadvantaged competition for the developing pay sector. However the Department of Communications, Information Technology and the Arts will reexamine the existing restructure and provide amendments.<p> The central issues raised in the review include considering the implications of heightened competition, especially between FTA broadcasters and pay TV broadcasters. This is an important issue in that it has a wide social impact and business competition is an important component of the legal institution. It also holds relevance with the Datacasting Charge (Imposition) Act 1998 as both are concerned with providing fair legislation to monitor the introduction of digital TV and thus the increased competition in the broadcasting sector.
===The Broadcasting Services (Digital Television Standards) Regulations 2000.=== <p> The Broadcasting Services (Digital Television Standards) Regulations 2000 is provided under the Broadcasting Services Act 1992 and establishes a set of regulations to provide a standard regime to broadcast digital TV in Australia. The regulation establishes the standards for the High Definition Television (HDTV) quota for non-remote areas for commercial television broadcasting licensees and national broadcasters. There are standards initiated for captioning and the standards by which national and commercial broadcasters report and record their HDTV quotas to government bodies, like the Australian Broadcasting Authority (ABA).<p> The most important issue prevalent in the process of broadcasting services is to initiate an equitable regulatory standard that is inclusive of Australian citizens and that provides fair and equal service opportunities amongst the broadcast viewers and the broadcast providers. For example the regulation to provide captioning is inclusive of members of society that are hearing and deaf impaired.<p> The broadcasting service regulations hold no precedent. Digital TV is a new communication service and therefore it is important that the regulations must carefully consider the implications of the set standards in order to be proactive and prevent possible inequity in society in regards to the provision of digital TV. They will also be subject to constant change when digital TV is made available.
===Broadcasting Services (Transmitter Access) Regulations 2001.=== <p> A digital television transmitter is a form of television transmitter that channels a digitally encode television signal.<p> The Broadcasting Services (Transmitter Access) Regulations 2001 is provided under the Broadcasting Services Act 1992. The regulations provide a standard by which transmitters access designated facilities and it regulates the method of arbitration by the Australian Consumer Competition Commission (ACCC). That relates to the terms and conditions of access to a broadcasting transmission tower, a site of a broadcasting transmission tower, or a designated associated facility.<p> The main issue in transmitter access is to regulate the digital broadcasting channel to ensure that equity between transmitter access receivers is instigated and that in the event of arbitration it is resolved objectively. Without strict regulations some services may find loopholes and be able to take advantage of the system.<p> The transmitter access regulations is related to the broadcasting standards as both set the Australian standards for transmission and for receivers.
===The Television Broadcasting Services (Digital Conversion) Act 1998.=== <p> The Television Broadcasting Services (Digital Conversion) Act 1998 relates to digital television broadcasting. This Act is an important component to digital television legislation. The main issues prevalent in the Act is the importance of governing the transition or conversion from analog to digital TV to avoid potential issues arising with either broadcast viewers or broadcast providers.<p> The legislation sets standards to be efficient and responsive to the needs of the Australian community. For example encouraging potential business activity in the broadcasting industry, by providing support for Australian exporters of broadcasting to access international markets. There are other issues including the legislation's objective to provide connections between educational institutions and the broadcasting industry.<p> This legislation provides a standard by which issues and practices involved in the implementation of Digital TV will be executed in an efficient, impartial and responsive manner. That also encourages the concept of free competition in the broadcasting industry.
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