On this view, interests beyond the defence in light of the High Court’s 2 TCN Channel Nine Pty Ltd v Network Ten Pty broadcasting industry may be findings. Given that the substantial Ltd (2002) 118 FCR 417. 3 TCN Channel Nine Pty Ltd v Network Ten Pty concerned that the uncertainty part test is underdeveloped in the Ltd (2001) 108 FCR 235. produced by the High Court’s decision context of Part IV of the Act, there 4 See eg Nine Network Australia Pty Ltd v will exert an unfortunate stifling effect remains the distinct possibility that Australian Broadcasting Corporation (1999) 48 IPR 333 at 340, Time Warner Entertainment Co on the televised public domain, as there will be another series of appeals Ltd v Channel 4 Television Corporation PLC various forms of comment and before the matter is ultimately (1993) 28 IPR 459 at 468 and Ashdown v Telegraph Group Ltd [2001] EWCA Civ 1142 at criticism which make use of other resolved. par 61. broadcasters’ content may disappear 5 Above, n 1 at [75], from our TV screens.9 Brendan Plant is a Law Graduate in the Sydney office of Allens Arthur 6 Ibid. The Panel case currently awaits Robinson, and Niranjan Arasaratnam 7 Above, n 1 at [155], 8 See, for example, Michael Handler, The Panel reconsideration by the Full Federal is a partner in the firm's Hong Kong office. Case and Television Broadcast Copyright’ (2003) Court, which will determine the 25 SydLR 390. application of the substantial part test 1 Network Ten Pty Limited vTCN Channel Nine 9 See Melissa de Zwart, 'Seriously entertaining: Pty Limited [2004] HCA14. The Panel and the future of fair dealing’ (2003) 8 and the availability of the fair dealing Media & Arts LR1. Knowledge Cycles of Digital Television in Australia In this edited version of her paper presented at the Communications Research Forum 2003, Cate Dowd looks at the development of Australian digital television and some future directions.
nformation about Australia’s digital of developments led to a broken contract change, via text agents, could also be television infrastructure and a for transmission services, due to claims reviewed and include reflections on the limited knowledge of reception of unprofitable investments by the phenomena of technological Isystems may have impacted on the international company involved. The convergence. operational plans for Australia’s knowledge base for early-development The agents of change for digital transmission infrastructure also remain decisions. The timely reach of television include major technical entangled in access issues for detailed information for knowledge formation standards that have been designed as information. remains important to the progress of open and evolutionary standards. digital television. The shortfalls of Understanding the early communicative Australian broadcasters, content implementation suggest a need for a transactions for change is as important developers, consumers and model that represents digital television as the identification of financial manufacturers are all influenced by the as an evolving enterprise of diverse transactions. Important questions have cycles of knowledge in the development agents and complex transactions. been raised by the approaches so far. process. The Multimedia Home The base for a theoretical model might First, how can transmission Platform standard for the set-top box include ‘knowledge cycles and infrastructure be reinstated as a public (commonly referred to as the MHP) will communicative transactions’1 as a asset? Secondly, will the Australian ultimately involve transactions with means of understanding digital Government succumb to international other agents for functionality, such as television as a form of major corporate interests with the anticipated metadata standards. These entities need technological change. It might include sale of spectrum for broadcasting? to be represented in a model of transactions with other distribution ideas, motivation and agents for change The technical knowledge of digital as an extension of conventional television involves many entities that systems, such as mobile phones as a set information analysis and design. An stand against legislative requirements of digital systems. ‘eco-techno’ system model2 would for broadcasters, including a quota for THE EMERGENCE OF DIGITAL represent technological change as an HDTV content that occupies the whole TELEVISION IN AUSTRALIA ecology beyond static architectures, bandwidth of a digital channel. The entities and agents. Such a model might potential of a channel is actually more The digital transmission systems and assist understanding and direct policy sophisticated than this reduction, standards for reception devices in a time of review, which otherwise suggesting that policy needs to be developed by the DBV3 based in appears likely to be marked by a informed by deeper knowledge of the Geneva are major areas of development commodity approach. technologies, beyond market models for Australian digital television. These The sale of Australia’s national produced by a productivity agent of a entities involve complex and dynamic transmission network in the early stages government. The motivation behind transactions across organisations and
Page 16 Communications Law Bulletin, Vol 23 No 1 2004 agents that are still being understood by those who embrace theory and practice and ‘read everything and know all the institutions and practices’.4 Digital transmission infrastructure developments in Australia began with negotiations for new facilities that involved the ABC, the Australian Government and an international ICT company, Ntl. The Television Broadcasting Services (Digital Conversion) Act 1998 (Cth) marked the major turning point that synchronised with the pre-sale of national transmission services in 1999. The changes evolved behind a screen of commercial-in-confidence,5 which meant that ‘interaction-knowledge cycles’6 about the Commonwealth transmission towers were barely noticed, indeed were contained. However, the transactions for implementation of services did produce limited services in major metropolitan regions by 2002, but these were highly disproportionate to the costs. Plans for regional Australia are another stage of developments for 2004.7
By July 1999 the Australian are increasingly owned by private infrastructure been factored into a Broadcasting Authority (ABA) had operators whose primary interests are model as a communicative transaction, published technical plans for in making profits. not just a financial one, the reach of approaches to digital terrestrial knowledge may have been higher. television broadcasting, which included By mid 2001 an Australian newspaper digital channel plans (DCP) for the reported that “transmission specialist Digital technologies have already nation. From mid 2000 until January Ntl, is bedevilled with old technology... enabled multi-channels and a range of 2001 transmitters and digital signals for and crippling debts of almost $40 creative concepts in the broadcasting the ABC were tested in a period of billion”.9 By the end of 2001 Ntl domain and spectrum is emerging with consolidation. announced a series of ‘cost cutting a potential commercial value. For some initiatives’.10 In February 2002 Ntl years the Australian Government has Ntl, the international company that announced that it would sell its speculated on the returns from the sale entered into a contract for 15 years with Australian Broadcast Business for of spectrum, adopting a commodity the Australian Government and the $850 million dollars to Macquarie approach that is apparent in ABC was pleased with a long-term Bank and focus on its core business in Productivity Commission documents.13 contract to deliver digital broadcasting Europe.” Spectrum management plans as noted transmission services: via the Productivity Commission could Although the closed transactions for only ever be achieved once digital ‘Ntl’s services to the ABC covering a transmission services were limited to a infrastructure systems, ie transmission whole network of analogue TV and few agents of change due to facilities, were in place. radio and digital television commercial-in-confidence in transmission services, is probably the negotiations the flaws were soon THE COST OF SPECTRUM largest out-sourced transmission exposed. However Australian citizens contract in the world. ’ (Ntl, 2000)8 have been denied knowledge (and Australia’s broadcasting infrastructure The provision of transmission services services) about public assets valued problems combined with payments to via an international company has somewhere between $650 million (see the Government for particular usage of presented ongoing risks for ‘national- Government Assets Sales Register)12 digital technology for multiple streams public’ broadcasters as they have a high and $850 million dollars. Had or Datacasting as outlined by the dependency on large networks, which information about transmission productivity commission14 suggests
Communications Law Bulletin, Vol 23 No 1 2004 Page 17 problems. The strategic approach for mobile devices are mostly used, in a SYSTEMS AND STANDARDS digital broadcasting leads to a plan for broadcasting context, only for FOR DIGITAL RECEPTION & spectrum. The return of one digital interactive feedback. However, mobile INTERACTION channel from each broadcaster by 2008, devices of the future are likely to be to the government, once the simulcast different and might involve television. Between 2001 and 2003 several DVB period is over, appears to be designed At present one-way interactivity, Multimedia Home Platform21 compliant so that the extra channels can be enabled with a set-top box, such as user set-top boxes were manufactured for the Australian market. However each box available as commodities to new choice for different camera angles on players, without acknowledgement that had different levels of functionality.22 sports programs is best achieved using in such a competitive market there will The open MHP standards for free to- a wide-screen television set. be finite advertising dollars. air broadcasting are a contrast to the The HDTV format uses an aspect ratio closed systems used for Pay TV and The' plans for spectrum do not appear of 16:9 compared to a standard include evolutionary stages of to offer any guarantees for public development for technological broadcasting, or even genuine television aspect ratio of 4:3, the latter convergence with the protocols of the alternative services beyond 2006, only commonly associated with ‘the box’. World Wide Web and other standards. more competition and more content. The core of content for television over Without critics of the ‘authoritative the years has been filmed in the The MHP system architecture and information that has formed from standard format and until substantially systems, which are akin to an operating knowledge and positions’,15 especially new content is shot in 16:9 the old system, use three core application areas for spectrum management, and with a standard dominates the broadcasting based on profiles, for either ‘enhanced lack of diverse viewpoints, the ‘reach screen. The variations in visual screen broadcasting, interactive broadcasting, ofideas’16 is stifled and cannot promote dimensions in the digital television or internet access’.23 Each profile innovation! environment were first noted by Hillery consists of two levels accommodating for evolutionary stages of development, The potential use of spectrum as a in a review of the first set-top box for some of which are clearly dependent on choice between alternative services or Australia in 2002.18 Broadcasters still other solutions, such as wide screen images via a single channel only produce and purchase a limited telecommunications entities. is bound in legislation that partly defines amount of content in wide-screen in how some broadcasters use their 2003. Digital interactive content has so far allocated 7MHz of spectrum. However, A contemporary set-top box can enable been developed for numerous broadcasts, including the BBC a quota for HDTV content for all free- one-way interactivity and multi-channel documentary ‘Walking with Beasts’, to air broadcasters involves high costs services that for a short time were for production and consumption and is which contained features such as offered by the ABC according to difficult to achieve, indeed ‘Australia resizable video windows and alternative legislation19. Between 2002 and 2003 has mandated a unique, high cost narrative streams. These levels of the ABC developed two multi-channels system’,17 which continues to thwart the functionality are possible due to the consisting of separate streams on a progress of digital television. communication channels and other limited basis for a children’s television protocols24 of an MHP system and the The risky cycle of developments channel called ABCKids™, and a networks that the system connects involves fragmented knowledge about youth stream called Fly™ TV20. The with,25 particularly for interactivity, and markets and investments for creative services were also retransmissions via Internet connectivity. content for more or less interactive Pay TV, including OPTUS channel 37 services, with more or less bandwidth. The broadcast channel protocols enable and AUSTAR Channel 14, however the There is also a gap in knowledge about the download and retrieval of programs ABC cut these services in June 2003 related ‘social values’ during this major via transmission streams in a specified due to funding problems. technological change that should way and apply across all three profiles involve cultural institutions and Multi-channels provide a means for of an MHP system. It is mandatory26 individuals in understanding change for specialised content for targeted for all digital receiver products, whether ‘citizens’ of the future, beyond being audiences, but also have a potential to basic or advanced, to use these protocols users or consumers. fragment markets. The sheer volume if they are to conform to the MHP standard. Such uniformity is critical for ' DIGITAL CONTENT of content required for multi-channels broadcast content to be retrieved. PRODUCTION AND MULTI can also be a burden that impacts on CHANNELS the potential explorations for The MHP system is hardware progressive content. Knowledge of new independent and involves ‘user agents’27 Broadcasters at the start of the 21st digital television directions can be that enable systems to function across a century remain focused on the core partly understood by understanding the variety of platforms. It is not developments of digital broadcasting for basic system architecture and inconceivable that the commonality fixed media in residential settings whilst functionality of a reception device. between ‘digital’ systems, including
Page 18 Communications Law Bulletin, Vol 23 No 1 2004 mobile devices as ‘pervasive’ Gillchrist, M. & Shanahan, D, (2000, October 11), sa.htm. technologies, might feed into the ‘TV’s not ready in time for digital’, The Australian, 13 Issues on the sale of spectrum as noted by 3. advances of the MHP or a related the Productivity Commission are contained in Nielson, J, (1997), 'TV meets the Web’, retrieved section IV of the Productivity Commission’s inquiry standard, producing new levels of from the web July 2002 www.useitcom/alertbox/ into Broadcasting Report on ‘Opening up the connectivity with mobile devices.28 9702b.html. Spectrum', located at http://www.pc.Qov.au/inquirv/ Shulze, J, (July 2001), ‘Aunty First off the Mark’, broadcst/fina I report/in dex.html. See also ABA time CONCLUSION The Australian IT. line at http://www.aba.gov.au/tv/diqitaItv/industry/ timeline.htm. Schulze, J, (23 January 2001), ‘Rental Set-top New ideas for digital broadcasting Boxes to give Digital TV a Boost’, The Age, 4. 14 Payment for spectrum is evident in the Productivity Commission’s Enquiry into Schulze, J, (June 2002), 'Year of living digitally’, developments, some suggested in this Broadcasting Report with reference to spectrum The Australian, 7. paper, could be included in a future on ‘loan’ to broadcasters. See p.199 ofhttp:// model for improved understanding. The 1 Kaufer, D.S., & Carley, KM, (1993), www.pc.qov.au/inauirv/broadcst/finalreport/ Communication at a Distance: The influence of chapter06.pdf. sale of transmission services in Print on Sociocultural Organization and Change, 15 Kaufer, D.S., & Carley, KM, above n 1,132-4. Australia, and forthcoming spectrum Hillside, NJ: Lawrence Erlbaum Associates, Publishers. 16 Ibid 134. still require solutions that might be 2 Dowd, C, (2003), Knowledge of Technologies 17 Productivity Commission (11 April 2000). better understood by knowledge of the’ for digital television in Australia, Conference ‘Productivity Commission’s Inquiry into distance between communication proceedings from the Communications Research Broadcasting', retrieved from the web in 2002 http:/ /www.Pc.qov.au/inQuirvIbroadcst/index.html. partners’29 especially as these entities Forum 2003, Canberra, http:// www.dis.unimelb.edu.au/staff/cated/pubcate.htm. executive summary, t5. involve major transactions. 3 The Digital Video Broadcasting Authority (DVB) 18 Hillery A (2001), The Box Seat Sound and Image, Ed Hillery A, Horwitz Publications, St Digital television is barely visible to the sets broadcasting standards that can be recognised by the acronyms of the committees Leonards NSW, 37-40. average consumer or citizen, yet the dealing with particular standards and are known 19 See the Television Broadcasting Services consumer continues to pay for within the broadcasting industry as DVB-C (cable), (Digital Conversion) Act 1998 (Cth). infrastructure and is reduced to a citizen DVB-S (satellite) and DVB-T (terrestrial). "The 20 See: http://abc.netau/t1vtv/. DVB (Digital Video Broadcasting Project) is an with limited access to knowledge about industry-led consortium of over 300 broadcasters, 21 The draft MHPI.0 was published in July 2000 by ETSIIO (European Telecommunications developments. manufacturers, network operators, software Standards Institute). Works in progress related to developers, regulatory bodies and others in over MHP can be located via http://pda.etsi.oro/pda/ The Australian public must have 35 countries committed to designing global quervform.asp. knowledge of the technologies and standards for the delivery of digital television and data services” (http://www.dvb.orQ/latesthtml. 22 The DGTEC model from early 2002 included transactions of change in order to 2002). operability for HDTV, surround sound, multiple views, closed captions and other features. See remain vigilant about Australian 4 Foucault, M. (1970) The Order of Things. An http://www.da-tec.com.au/homepaoe.html for archaeology of the human sciences. Routledge. broadcasting as a cultural and financial specifications. Some services included multi London, 262. asset. The focus must be on present camera angles notably developed by channel 10 5 Commercial-in-Confidence has been described problems and the plans for the sale of Sports. The first Set-top box released in Australia as “ a confidentiality provision, which enables in 2001 did not enable reception of high definition spectrum. Models need to be developed companies to put details of research and signals (see Hillery, above n 18,37-40). and critiqued by a range of industry development, tenders or other deals off limits to both public and parliament It doesn’t have to be 23 DVB Digital Video Broadcasting, (2002), Digital Video Broadcasting (DVB) Multimedia Home experts who do not reach ‘quick-fix’ approved, but once it’s applied, any flow of conclusions for policy. The closed information abruptly ceases and appeals can result Platform (MHP) Specification 1.2.1, retrieved from the web 2002 http://pda.etsi.org/pda/ in long, drawn-out legal battles”: Pelly J. (1999). transactions of Australia’s transmission Quervform.asp. 55. Commercial in Confidence and the rise of Secret infrastructure suggest the need for a new Government, retrieved from the web http:// 24 The MPEG 2 Transport stream is the common approach to ‘knowledge management’ www.aidwatch.ora.au/news/18/l2.htm. This quote standard for all profiles of an MHP system, whether for Australia’s public broadcasting was published by Aid Watch, but was not available it is for enhanced, interactive or Internet profiles. via the web at the time of writing this paper. See the broadcast Channel Protocol stack on page future. 56 and the platform profile definitions on p.362 of 6 Kaufer, D.S., & Carley, KM, above n 1,144. the MHP 1.1 draft document or corresponding Cate Dowd is an academic at the 7 The ABA (Australian Broadcasting Authority) pages of the later MHP version 2 via http:// timeline for digital television is located at http:// pda.etsi.org/pdalaue rvform .asp. University of Melbourne in the www. a ba .go v. a u/tv/diaitaltv/i n d ustrv/timeli ne. htm. Department of Information Systems. 25 DVB Digital Video Broadcasting, above n 23, 8 Ntl Group, (2000), Broadcast, retrieved 16 55. Further references: October from the World Wide Web: www.ntl.com. 26 ibid 364. 9 Day M, (2001 July 5), ‘Ridgy-digital TV', The ABC, (2000), Going Digital, retrieved June 2000 Australian IT. 27 A user agent is a helper application involving from the World Wide Web: www. abc. net. au/d ia ita 1/ an ‘actor’ that communicates the ‘runtime’ of' 10 Ntl, (10 Dec 2001), NTL announces series of applications with an Application Program interface. cost cutting initiatives, retrieved from the web at Dalton, K, (5 June 2002), ‘AFC and ABC New See page 73 of the DVB-MHP 1.1 document, http://www. ntl. com/m e d lace ntre/p ress/. Media announce Broadband Production Initiatives above n 23. ', ABC press release retrieved from the web in July 11 Ntl, (21 February 2002), NTL to sell Australian 28 Dowd C, 2003, above n 2. 2002: http://www.abc.netau/corp/pubs/ Broadcast Business for A$850 million. Ref 8, 29 Kaufer, D.S., & Carley, KM, above n 1,100. s574441.htm. retrieved from the web at http://www.ntl.com/ mediacentre/press/. , DCITA Department of Communications, Information Technology and the Arts, (2000), Digital 12 The sale of Australia’s national transmission Broadcasting, retrieved August 2000 from the network took place in March 1999 and is listed in World Wide Web: http://www.dcita.qov.au. the government asset sales register located at http:/ /www.finance.qov.au/as seJsales/Website Elsom-Cook, M, (2001), Principles of Interactive Information - Assetsa/website information - asset Multimedia, McGraw-Hill, UK, 132-134.
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