The broadcasting access service was deemed to be declared by the Australian Competition and Consumer Commission pursuant to section 39 of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997.
The service was deemed to be declared on 30 June 1997.
In August 2000, the Full Federal Court found that the initial deeming statement was invalid with respect to the broadcasting access service.
The service, being an analogue service supplied by an AP, necessary for the purposes of enabling the supply by an AS of a broadcasting service by means of line links that deliver signals to end-users, and of a kind that was used for those purposes on 13 September 1996, is an access service which provides a basic carriage and distribution access function and which may also include, if requested, one or more of the following elements:
(a) network management access function;
(b) conditional access function; and
(c) subscriber premises servicing function.
Headings are for convenience only and do not affect the interpretation of this service description.
1. Distribution Access Function
This function involves the following elements:
1.1. receiving the AS's baseband analogue PAL standard format video and associated audio signal in suitable format at all of the AP's head end(s), suitably adjusted to local time;
1.2. distributing broadcast signals [for an active picture area between line numbers 21 to 308 (both inclusive) on the odd field, and 334 to 621 (both inclusive) on the even field, in PAL B analogue format] for the AS's channel(s) from each of the AP's head end(s) to the head end side of the STUs connected to the AP's network, in accordance with the AP’s specifications, where the subscriber is entitled to receive the service using the Conditional Access Function and has been recorded in the subscriber database in accordance with the Network Management Access Function;
1.3. assigning channel number(s) to the AS's channel(s).
2. Network Management Access Function
2.1. This function involves the following elements supplied by the AP:
2.1.1. maintaining a subscriber database for the AS as appropriate as set out below;
2.1.2. scheduling work force for installations, maintenance, disconnects and reconnects;
2.1.3. interfacing the network management system and subscriber database with the AS's "front of house";
2.1.4. making available subscriber access information in connection with the fulfilment of the Conditional Access Function.
2.2. The subscriber database shall record the following information as provided by the AS:
2.2.1. subscriber name, address, telephone number and entitlement to channels; and
2.2.2. requested date of service commencement or disconnection and requested channels.
2.3. All information on an AS’s customers will remain confidential to the AS unless as agreed with the AP.
2.4. The network management system shall record locations passed by the AP's network.
2.5. The AS shall have access to the records of locations passed and that part of the subscriber database which records information (as described above) relating to those subscribers entitled to access the AS's service.
3. Conditional Access Function
3.1. This function involves ensuring that descrambled channels are only received by subscribers entitled to receive them by:
3.1.1. scrambling and authorising the descrambling of video signals for channels only for subscribers who are entitled to receive them;
3.1.2. addressing, enabling and disenabling smartcards (or, where there is no separate smartcard, performing these functions in relation to STUs);
3.1.3. storing and processing subscriber access information and maintaining a subscriber database;
3.1.4. issuing smartcards, managing smartcard inventory and undertaking smartcard changeouts (or, where there is no separate smartcard, performing these functions in relation to STUs);
3.1.5. maintaining the integrity of the Conditional Access Function.
3.2. The AP will provide access to an in situ STU (being an STU installed and operational at the subscriber's premises) if and for so long as the AP or another person provides an in situ STU, and the AP has the right to provide such access. In other circumstances, the AS must arrange for provision to the subscriber of an STU which is compatible with the AP's network, which does not degrade performance and which is installed and maintained in accordance with the AP's specifications. The AP has the right to use that STU for other services.
“Access” to an STU means the ability to use that STU to authorise the descrambling of signals for the AS’s channels for subscribers who are entitled to receive those channels in conjunction with the Conditional Access Function.
4. Subscriber Premises Servicing Function
This function involves the following elements supplied by the AP:
4.1. providing service assurance for STU (if supplied under the Conditional Access Function) and smartcard faults; and
4.2. providing reconnection of services, cancellation of services and network disconnections as required by ASs;
which may cease to be provided by the AP upon reasonable notice to the AS.
5. Terms and Conditions
The Broadcasting Access Service will be supplied to an AS in accordance with terms and conditions commercially negotiated between the AP and the AS. Issues to be addressed in such negotiations may include, without limitation, the basis for charging and payment, service delivery issues, service assurance procedures, performance levels, AP’s arrangements with subscribers and timeframes.
The availability of the Broadcasting Access Service is subject to the geographic and technical capability and availability of the AP's network, systems, workforce and facilities, any capacity constraints and such terms and conditions as are agreed with the AS.
7.1. The AS is responsible for the provision, installation, testing, making operational and monitoring of all lines, systems and equipment on its side of the AP's pay TV head end(s).
7.2. The AP is responsible for those functions from the head end to the head end side of the subscribers' STUs.
7.3. The AP will, or may, at its option, permit the AS to install and maintain a subscriber lead-in, wall-plate and wiring from the wall-plate to the STU, and install an STU (if supplied by the AP) and/or smartcard as required to supply this Broadband Access Service to the AS in respect of a particular subscriber, on terms to be agreed between the AS and the AP. If the AS is permitted by the AP to perform this responsibility, it must do so in accordance with the AP's specifications.
7.4 The AS must ensure that its systems and equipment are compatible with the AP’s systems and equipment, and do not degrade their performance.
7.5. The AS is responsible for all interfaces with its subscribers.
7.6. The AS will be required to demonstrate its ability to deliver video and audio signals in a suitable format to the AP's head end(s).
8. Scope of AS's Rights
Only the AS may broadcast signals over the channel(s) allocated to it. The AS must be licensed under, and must comply with, the Broadcasting Services Act 1992 in relation to content and delivery, and must comply with all other legal and regulatory requirements.
9. Operational and Fault Handling Arrangements
The AP will provide a contact point for the operations and maintenance of the service. The AS may report faults to this centre.
10. Invoicing the AS
The AP will invoice the AS for this service.
11. Subscriber Billing
The AS will be responsible for billing subscribers who are entitled to receive its broadcast signals.
12. Performance Standards
The Broadcasting Access Service will be supplied in accordance with the standards specified by the AP and any other applicable standards.
13. Publication of Information
The AP may, with the agreement of the AS, publish information relating to the AS's channel(s) for the purpose of promoting the services available over the AP's network, including program information.
14. Service Assurance
The AP will provide service assurance in relation to the Broadcasting Access Service, which shall include the following:
14.1. Investigating faults reported by the AS;
14.2 Advising the AS if the fault is on the AS’s side of the head end; and
14.3 Rectifying faults from the head end to the head end side of the STU.