FOXTEL Response to the Australian Communications and Media

Total Page:16

File Type:pdf, Size:1020Kb

FOXTEL Response to the Australian Communications and Media FOXTEL response to The Australian Communications and Media Authority’s Discussion paper, ‘Spectrum reallocation in the 700 MHz Digital Dividend band’ Monday, December 6, 2010 1 This document is Foxtel Management Pty Ltd’s (FOXTEL) response to the Australian Communication and Media Authority’s (ACMA) discussion paper, ‘Spectrum reallocation in the 700 MHz Digital Dividend band’. FOXTEL Contact Details: Peter Smart Chief Technology Officer FOXTEL Email: [email protected] Ph: 02 9813 6666 Adam Suckling Director Policy & Corporate Affairs Email: [email protected] Ph: 02 9813 7593 2 EXECUTIVE SUMMARY FOXTEL welcomes the opportunity to respond to the ACMA’s discussion paper ‘Spectrum allocation in the 700 MHz Digital Dividend band’ (the Paper) and commends the ACMA on its consultative approach. As a finite public asset, spectrum allocated for commercial purposes should be managed in a way that enhances Australia’s prosperity through supporting new industries, products and jobs of the future. To this end, FOXTEL supports the Government on its decisions to: . Release 126 MHz of Broadcast Spectrum as the Digital Dividend . Auction off the Digital Dividend spectrum prior to analogue switch-off in the second half of 2012 . Auction the spectrum via a priced based allocation of spectrum licenses to the highest bidder. In relation to the configuration of the Digital Dividend spectrum FOXTEL supports: . The 700 MHz Digital Dividend band being reallocated for Long Term Evoluation (LTE) mobile telecommunications services . International harmonisation of Australia’s Digital Dividend spectrum on the basis Australia is a ‘technology taker’ . Harmonisation of Australia’s LTE spectrum within the ITU Regional 3 band (Asia Pacific and part of the Middle East). However, FOXTEL has concerns about possible interference with its Hybrid Fibre-Coaxial (HFC) network with the proposed ‘Site Sense’ of the FDD band configuration. FOXTEL is conducting technical assessments on the likelihood and impact of this interference and will share the findings of this trial with the ACMA once complete. In light of these concerns, FOXTEL wishes to participate in the Technical Liaison Group (TLG) to work with the ACMA to develop the technical framework. Finally, while FOXTEL is not opposed to auctioning the 2.5 GHz band together with the 700 MHz Digital Dividend band, it should not unduly affect the timetable for the incumbent users to vacate the 2.5GHz band. ABOUT FOXTEL FOXTEL is Australia's leading subscription television provider and is connected to over 1.63 million subscribing households on cable and satellite through retail and wholesale distribution. FOXTEL strives to ensure our six million viewers find TV they want to watch every time they switch on their television through delivery of more than 200 channels covering news, sport, general entertainment, movies, documentaries, music and children’s programming. 3 FOXTEL commenced distributing its services on cable with 20 channels in 1995, expanding to 31 channels and satellite distribution in 1999 and increased its offering to 45 channels in 2002 following the completion of the FOXTEL-Optus Content Supply Agreement. The FOXTEL Digital service was launched in 2004, and FOXTEL is now giving Australian viewers the choice of more than 200 Digital channels. Since its launch, FOXTEL has extended its Digital innovations by adding a raft of new channels and interactive features including additional news, sports and weather applications, as well as FOXTEL iQ, a fully integrated Personal Digital Recorder, launched in 2005. FOXTEL launched its mobile service – Telstra Mobile FOXTEL in 2006 which now carries 33 channels and is one of the world’s most substantial mobile offerings. The live broadcast service FOXTEL Live2Air on Virgin Blue was launched in August 2006 and is now available across Australia on the Virgin Blue jet fleet providing 24 channels of live FOXTEL. FOXTEL launched its High Definition service in June 2008 with five dedicated 24-hour HD channels- BBC HD, Discovery HD, National Geographic Channel HD, FOX SPORTS HD and ESPN HD plus Australian television premiere blockbuster movies available immediately when you want them through the FOXTEL Box Office HD On Demand service. The new generation FOXTEL iQ2 combines HD programming with a huge disk drive and intuitive and easy to use electronic programming guide making it even easier for subscribers to watch what they want and when they want. FOXTEL launched FOXTEL Next Generation in November 2009 which provides customers with: the increased choice of 30 new channels; new navigation features such as iSuggest – which enhances navigation with 200 fresh movie and program suggestions for iQ recording every week – and Record Me – which allows you to record shows directly from an on-air program promotion; the most comprehensive HD offering in Australia with 15 HD channels; and Sky News Local which provides a dedicated local news service for each major Australian capital city. In late 2010 FOXTEL launched 30 FOXTEL channels over the internet direct to our customers’ television sets via Microsoft’s Xbox 360 product. FOXTEL offers FOXTEL by Xbox 360with various packaging and prices and under flexible agreements. FOXTEL also launched in late 2010 FOXTEL services over the internet direct to FOXTEL customers’ television sets via around 8--0,000 deployed internet enabled iQ boxes.. The service offers customers even more choice and control over their television viewing, liberating a video store of choice with hundreds of On Demand movies and television programs. FOXTEL was the first Australian broadcaster to broadcast in 3D in conjunction with FOX SPORTS when the Socceroos played New Zealand on 24 May, 2010. In addition, FOXTEL now offers the first dedicated 3D channel – FOXTEL 3D.. Also from November, FOXTEL’s comprehensive HD offering expanded to 20 HD channels, including FOXTEL 3D. FOXTEL directly employs around 2100 people and a further 1700 workers are indirectly engaged by FOXTEL in sales and installation services nationally. The FOXTEL Television Centre at North Ryde in Sydney is the headquarters of FOXTEL's national subscription television operations and houses FOXTEL’s television studios, broadcast operations and cable and satellite transmission facilities. FOXTEL also operates a national Customer Solutions Centre based at Moonee Ponds in Melbourne, a purpose built state of the art call centre. FOXTEL is owned by Telstra Corporation Ltd (50%), The News Corporation Ltd (25%), and Consolidated Media Holdings Limited (25%). 4 SPECTRUM EFFICIENCY Policy Context As a finite public asset, spectrum allocated for commercial purposes should be managed in a way that enhances Australia’s prosperity through supporting new industries, products and jobs of the future. Regrettably successive governments have not managed spectrum optimally and in the case of Broadcast Spectrum, the principle beneficiaries have been commercial broadcasters and their commercial interests, not the Australian public. For this reason FOXTEL supports the broad approach to reallocation of the Digital Dividend spectrum proposed in the Paper because it aims to better manage Australia’s spectrum. In particular FOXTEL supports the Government’s decision to: . Release 126 MHz of Broadcast Spectrum as the Digital Dividend . Auction off the Digital Dividend spectrum prior to the analogue switch-off in the second half of 2012 . Auction the spectrum via a priced based allocation of spectrum licences to the highest bidder. However FOXTEL believes there is more to be done to manage Australia’s scarce spectrum asset more efficiently and to optimise Australia’s prosperity in the digital economy. Optimising the Digital Dividend Digital Dividend spectrum in the 700 MHz band holds substantial value for Australia. A compelling economic case has been made for redeploying the Digital Dividend spectrum for LTE mobile telecommunications services. FOXTEL supports this proposal on the basis it will optimise Australia’s economic benefit. It has been argued by commercial broadcasters that part of the Digital Dividend should be set aside for transitioning to new technology and formats such as MPEG 4, DVB-T2 and 3DTV. FOXTEL strongly opposes provision of any Digital Dividend spectrum free or on a subsidised basis for this purpose. If these commercial operators wish to secure additional spectrum to transition to new technology, access should purchased on an open market. Moreover, the new approach to spectrum leaves the broadcasters with 224 MHz of spectrum. This is more spectrum than they would need if they ran an efficient system. If Australian broadcasters adopted the efficient broadcasting approach being implemented in the UK they would be able to increase the capacity of their remaining spectrum substantially providing room to transition to new technologies. Because FOXTEL pays a market rate for spectrum it is motivated to optimise its bandwidth to support new channels, products and HD services that are launching every year. Through digital multiplexes and advanced compression technologies such as MPEG 4/DVB-S2 up to six HD services are supported on each of FOXTEL’s satellite transponders. 5 DIGITAL DIVIDEND CONFIGURATION International Harmonisation On the basis Australia is a ‘technology taker’ FOXTEL supports international harmonisation of Australia’s Digital Dividend spectrum. Given the compelling economic case for redeploying the spectrum for LTE mobile telecommunications services, FOXTEL agrees with harmonisation
Recommended publications
  • The Donald Trump-Rupert Murdoch Relationship in the United States
    The Donald Trump-Rupert Murdoch relationship in the United States When Donald Trump ran as a candidate for the Republican presidential nomination, Rupert Murdoch was reported to be initially opposed to him, so the Wall Street Journal and the New York Post were too.1 However, Roger Ailes and Murdoch fell out because Ailes wanted to give more positive coverage to Trump on Fox News.2 Soon afterwards, however, Fox News turned more negative towards Trump.3 As Trump emerged as the inevitable winner of the race for the nomination, Murdoch’s attitude towards Trump appeared to shift, as did his US news outlets.4 Once Trump became the nominee, he and Rupert Murdoch effectively concluded an alliance of mutual benefit: Murdoch’s news outlets would help get Trump elected, and then Trump would use his powers as president in ways that supported Rupert Murdoch’s interests. An early signal of this coming together was Trump’s public attacks on the AT&T-Time Warner merger, 21st Century Fox having tried but failed to acquire Time Warner previously in 2014. Over the last year and a half, Fox News has been the major TV news supporter of Donald Trump. Its coverage has displayed extreme bias in his favour, offering fawning coverage of his actions and downplaying or rubbishing news stories damaging to him, while also leading attacks against Donald Trump’s opponent in the 2016 presidential election, Hillary Clinton. Ofcom itself ruled that several Sean Hannity programmes in August 2016 were so biased in favour of Donald Trump and against Hillary Clinton that they breached UK impartiality rules.5 During this period, Rupert Murdoch has been CEO of Fox News, in which position he is also 1 See e.g.
    [Show full text]
  • What Killed Australian Cinema & Why Is the Bloody Corpse Still Moving?
    What Killed Australian Cinema & Why is the Bloody Corpse Still Moving? A Thesis Submitted By Jacob Zvi for the Degree of Doctor of Philosophy at the Faculty of Health, Arts & Design, Swinburne University of Technology, Melbourne © Jacob Zvi 2019 Swinburne University of Technology All rights reserved. This thesis may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. II Abstract In 2004, annual Australian viewership of Australian cinema, regularly averaging below 5%, reached an all-time low of 1.3%. Considering Australia ranks among the top nations in both screens and cinema attendance per capita, and that Australians’ biggest cultural consumption is screen products and multi-media equipment, suggests that Australians love cinema, but refrain from watching their own. Why? During its golden period, 1970-1988, Australian cinema was operating under combined private and government investment, and responsible for critical and commercial successes. However, over the past thirty years, 1988-2018, due to the detrimental role of government film agencies played in binding Australian cinema to government funding, Australian films are perceived as under-developed, low budget, and depressing. Out of hundreds of films produced, and investment of billions of dollars, only a dozen managed to recoup their budget. The thesis demonstrates how ‘Australian national cinema’ discourse helped funding bodies consolidate their power. Australian filmmaking is defined by three ongoing and unresolved frictions: one external and two internal. Friction I debates Australian cinema vs. Australian audience, rejecting Australian cinema’s output, resulting in Frictions II and III, which respectively debate two industry questions: what content is produced? arthouse vs.
    [Show full text]
  • Academic Standards for Marketing in the Australian Higher Education Context Page I
    ACADEMIC STANDARDS FOR MARKETING IN THE Released AUSTRALIAN HIGHER September 2012 EDUCATION CONTEXT Prepared by the Marketing Learning Outcomes Working Party, sponsored by the Australian Business Deans Council. More information on the project can be found at www.MarketingLearningOutcomes.com Table of Contents Background.................................................................................................................................................. 1 Discipline Threshold Standards ................................................................................................................. 2 Scope of the Project .................................................................................................................................... 2 External standards and provider diversity ............................................................................................. 2 Definitions of Bachelor and Masters Degree in marketing .................................................................. 3 Content within marketing degrees ......................................................................................................... 3 Marketing content ................................................................................................................................... 4 Masters versus Bachelor Degrees ......................................................................................................... 4 Guiding Principles.......................................................................................................................................
    [Show full text]
  • It Failure and the Collapse of One.Tel
    IT FAILURE AND THE COLLAPSE OF ONE.TEL David Avison and David Wilson ESSEC Business School, Cergy-Pontoise, France and University of Technology, Sydney, Australia Abstract: There are a number of cases about IS failure. However, few suggest that the IS failure led to the downfall of the business. This paper examines the information technology strategies employed by the high-profile Australian telecommunications company One. Tel Limited and assesses the extent to which a failure of those strategies may have contributed to, or precipitated, One.Tel's downfall. With increased reliance on technology in business and its sophistication, potentially catastrophic failures may be more common in the future One. Tel was founded in 1995 as an Australian telecommunication company and ceased trading in 2001. In the middle of 1999, the focus of the company changed towards the building of a global business, geared to the delivery of media content. We argue that the IT strategies operating within One. Tel were not adapted to meet the rapid growth that ensued. Further, we suggest that the information technology approaches that had served adequately in the early years were not appropriate for its later ambitions. Most importantly, we discuss the failure of its billing system in relation to published frameworks of IT failure as well as the importance of getting such basic systems right. We argue that these frameworks do not cover well the One. Tel case and we put forward a new category ofIT failure, that of 'business ethos' Key words: IS failure, One. Tel, IS strategy, Business ethos, Case study 1.
    [Show full text]
  • News Corporation 1 News Corporation
    News Corporation 1 News Corporation News Corporation Type Public [1] [2] [3] [4] Traded as ASX: NWS ASX: NWSLV NASDAQ: NWS NASDAQ: NWSA Industry Media conglomerate [5] [6] Founded Adelaide, Australia (1979) Founder(s) Rupert Murdoch Headquarters 1211 Avenue of the Americas New York City, New York 10036 U.S Area served Worldwide Key people Rupert Murdoch (Chairman & CEO) Chase Carey (President & COO) Products Films, Television, Cable Programming, Satellite Television, Magazines, Newspapers, Books, Sporting Events, Websites [7] Revenue US$ 32.778 billion (2010) [7] Operating income US$ 3.703 billion (2010) [7] Net income US$ 2.539 billion (2010) [7] Total assets US$ 54.384 billion (2010) [7] Total equity US$ 25.113 billion (2010) [8] Employees 51,000 (2010) Subsidiaries List of acquisitions [9] Website www.newscorp.com News Corporation 2 News Corporation (NASDAQ: NWS [3], NASDAQ: NWSA [4], ASX: NWS [1], ASX: NWSLV [2]), often abbreviated to News Corp., is the world's third-largest media conglomerate (behind The Walt Disney Company and Time Warner) as of 2008, and the world's third largest in entertainment as of 2009.[10] [11] [12] [13] The company's Chairman & Chief Executive Officer is Rupert Murdoch. News Corporation is a publicly traded company listed on the NASDAQ, with secondary listings on the Australian Securities Exchange. Formerly incorporated in South Australia, the company was re-incorporated under Delaware General Corporation Law after a majority of shareholders approved the move on November 12, 2004. At present, News Corporation is headquartered at 1211 Avenue of the Americas (Sixth Ave.), in New York City, in the newer 1960s-1970s corridor of the Rockefeller Center complex.
    [Show full text]
  • Media Stars and Neoliberal News Agendas in Indigenous Policymaking Kerry Mccallum and Lisa Waller
    13 Media stars and neoliberal news agendas in Indigenous policymaking Kerry McCallum and Lisa Waller Introduction Our essay uses a media studies lens to examine the ascendancy of neoliberal policy agendas in Indigenous affairs. The Media and Indigenous Policy project1 has been investigating the dynamic interplay between news media and the complex, politically sensitive and uneven bureaucratic field of Indigenous affairs. A particular focus has been to investigate the news media’s power to construct problems and suggest solutions in the Indigenous policy field. This essay draws on that research to argue that conservative news outlets have sponsored a narrow range of Indigenous voices to articulate and promote neoliberal policy agendas to government. We examine how The Australian newspaper, as the keystone media on Indigenous affairs, was integral to the rise of Noel Pearson as the singular influence on Indigenous affairs. In doing so, we acknowledge and pay tribute to the thinking of Jon Altman in the development of our ideas, and for his support throughout this project. Altman’s public discussion 1 Australian News Media and Indigenous Policymaking 1988–2008 (DP0987457). 171 ENGAGING INDIGENOUS ECONOMY of the 2007 Northern Territory Emergency Response made him one of the few Australian public intellectuals to think and act outside the dominant neoliberal discourse on Indigenous policy. Neoliberal agendas in Indigenous affairs policy The constructivist approach to policymaking (Colebatch 2002, Bacchi 2009) foregrounds the discursive battles that frame some issues as problems to be solved and enable some solutions to be heard more clearly than others. This approach problematises the dominant assumption that Indigenous affairs is ‘intractable’, ‘wicked’ or an area of ‘policy failure’, and helps explain sharp swings and occasional dramatic announcements such as the 2007 Northern Territory Emergency Response (NTER or Intervention).
    [Show full text]
  • Australia's System of Government
    61 Australia’s system of government Australia is a federation, a constitutional monarchy and a parliamentary democracy. This means that Australia: Has a Queen, who resides in the United Kingdom and is represented in Australia by a Governor-General. Is governed by a ministry headed by the Prime Minister. Has a two-chamber Commonwealth Parliament to make laws. A government, led by the Prime Minister, which must have a majority of seats in the House of Representatives. Has eight State and Territory Parliaments. This model of government is often referred to as the Westminster System, because it derives from the United Kingdom parliament at Westminster. A Federation of States Australia is a federation of six states, each of which was until 1901 a separate British colony. The states – New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania - each have their own governments, which in most respects are very similar to those of the federal government. Each state has a Governor, with a Premier as head of government. Each state also has a two-chambered Parliament, except Queensland which has had only one chamber since 1921. There are also two self-governing territories: the Australian Capital Territory and the Northern Territory. The federal government has no power to override the decisions of state governments except in accordance with the federal Constitution, but it can and does exercise that power over territories. A Constitutional Monarchy Australia is an independent nation, but it shares a monarchy with the United Kingdom and many other countries, including Canada and New Zealand. The Queen is the head of the Commonwealth of Australia, but with her powers delegated to the Governor-General by the Constitution.
    [Show full text]
  • How Rupert Murdoch's Empire of Influence Remade The
    HOW RUPERT MURDOCH’S EMPIRE OF INFLUENCE REMADE THE WORLD Part 1: Imperial Reach Murdoch And His Children Have Toppled Governments On Two Continents And Destabilized The Most Important Democracy On Earth. What Do They Want? By Jonathan Mahler And Jim Rutenberg 3rd April 2019 1. ‘I LOVE ALL OF MY CHILDREN’ Rupert Murdoch was lying on the floor of his cabin, unable to move. It was January 2018, and Murdoch and his fourth wife, Jerry Hall, were spending the holidays cruising the Caribbean on his elder son Lachlan’s yacht. Lachlan had personally overseen the design of the 140-foot sloop — named Sarissa after a long and especially dangerous spear used by the armies of ancient Macedonia — ensuring that it would be suitable for family vacations while also remaining competitive in superyacht regattas. The cockpit could be transformed into a swimming pool. The ceiling in the children’s cabin became an illuminated facsimile of the nighttime sky, with separate switches for the Northern and Southern Hemispheres. A detachable board for practicing rock climbing, a passion of Lachlan’s, could be set up on the deck. But it was not the easiest environment for an 86-year-old man to negotiate. Murdoch tripped on his way to the bathroom in the middle of the night. Murdoch had fallen a couple of other times in recent years, once on the stairs while exiting a stage, another time on a carpet in a San Francisco hotel. The family prevented word from getting out on both occasions, but the incidents were concerning. This one seemed far more serious.
    [Show full text]
  • Do Online Election Campaigns Win Votes? the 2007 Australian “Youtube” Election Rachel K
    This article was downloaded by: [Australian National University] On: 17 July 2011, At: 22:50 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Political Communication Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/upcp20 Do Online Election Campaigns Win Votes? The 2007 Australian “YouTube” Election Rachel K. Gibson a & Ian McAllister b a Institute for Social Change, University of Manchester b Research School of Social Sciences, Australian National University Available online: 29 Apr 2011 To cite this article: Rachel K. Gibson & Ian McAllister (2011): Do Online Election Campaigns Win Votes? The 2007 Australian “YouTube” Election, Political Communication, 28:2, 227-244 To link to this article: http://dx.doi.org/10.1080/10584609.2011.568042 PLEASE SCROLL DOWN FOR ARTICLE Full terms and conditions of use: http://www.tandfonline.com/page/terms-and-conditions This article may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan, sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material.
    [Show full text]
  • 'Smart Money' Investor?
    5 June 2020 – Market Update Coronavirus: Who is the ‘Smart Money’ Investor? SOLUTIONS & MULTI-ASSET | GLOBAL BALANCED RISK CONTROL TEAM | MARKET PULSE | Equity markets have recently risen in the face of significant scepticism AUTHORS ANDREW HARMSTONE 1 Managing Director, – the proverbial ‘wall of worry ’– but equity positioning data suggest Lead Global Portfolio Manager, that many institutional investors, notably asset managers and pension Global Balanced Risk Control Team funds, have above-average cash balances and are missing the ‘party’. In fact, despite risk assets and equities in particular appearing to have MANFRED HUI Managing Director, 2 an upward bias, we have actually seen flows out of equity funds . Co-Lead Global Portfolio Manager, Global Balanced Risk May was another positive month for global equities relative to bonds, Control Team although the price action was less exciting than in late March and April. CHRISTIAN GOLDSMITH Nevertheless, with institutional investors by and large sitting on the Executive Director, sidelines, it appears that individual investors are providing the bulk of Portfolio Specialist, Global Balanced Risk the support for equities, begging the question of which group of Control Team investors is right – who is the ‘smart money’ investor? Markets are clearly anticipating economic recovery and are looking through the enormous, astonishing levels of economic disruption that have resulted from the COVID-19 crisis, for example as demonstrated by record levels of unemployment. Moreover, in the absence of a coherent, coordinated response to the virus, countries and regions are at different stages in the control of the virus; the risk of reinfection therefore remains high, and we have already seen second waves of infections in regions that appeared to have effectively resolved the viral threat.
    [Show full text]
  • LACHLAN MURDOCH SPEECH[1]Jc Edit-4-2
    1 SPEECH DELIVERED BY LACHLAN MURDOCH TO THE MELBOURNE PRESS CLUB MEDIA HALL OF FAME DECEMBER 6, 2012 My father was honoured to be invited to speak to you about his father, and I am equally honoured to take his place to speak to you about my grandfather. A man who I feel I Know intimately but whom I never met. I wish I had met Keith Murdoch. But he died, long before I was born. He died on October 4, 1952. He was just sixty-six. My grandfather was a journalist. That was all he wanted to be from when he was a very young boy. That was despite the fact that my grandfather was painfully shy and had a serious and often debilitating stammer. So serious that when he went to the railway station to buy a ticKet he had to give the man who sold the ticKets a hand written note!! Keith Murdoch’s father, the very Scottish and the very Reverend PatricK Murdoch wanted Keith to go to university but the 19 year old had three qualities that would sticK with him through his life… Determination; Persistence; and great Perseverance. So despite his father pushing him to follow a different path and after putting in a lot of hard worK he got a job at The Age. Another Scotsman, David Syme, who is also honoured here tonight and who saved The Age from banKruptcy was so impressed by the young Keith Murdoch’s shorthand that he offered him a casual job as the Malvern district correspondent – at the grand freelancer’s rate of a penny-halfpenny a line.
    [Show full text]
  • A Colonial History of the River Murray Dispute
    Adam Webster* A COLONIAL HISTORY OF THE RIVER MURRAY DISPUTE ABSTRACT This article examines the history of the dispute over the sharing of the waters of the River Murray between the colonies, with particular emphasis on the period from the mid-1880s to the mid-1890s. The article shows that the change in water use by the colonies during this period had a signifi- cant impact on the question of how the water should be shared between the colonies. The article examines the early legal arguments regarding the ‘rights’ of the colonies to the waters of the River Murray and argues that these early legal analyses influenced the drafting of the Australian Consti- tution, which in turn has influenced the way similar disputes between the states are resolved today. I INTRODUCTION alk of reducing the flow of the waters of the River Murray evokes strong emotions in South Australians, and especially in their members of parliament.1 TThis is not a recent phenomenon and has been the case since colonial times.2 This article examines the history of the dispute over the sharing of the waters of the River Murray between the colonies, with particular emphasis on the period from the mid-1880s to the mid-1890s. I argue that this period, in the lead up to the Austra- lasian Federal Conventions of the 1890s, shaped the Convention debates, which in turn influenced the drafting of the Australian Constitution and the way in which the issue of the sharing of the waters of the River Murray between the states has been dealt with since Federation.
    [Show full text]