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