From: Brian Rope, CEO Deafness Forum [brian.rope@deafnessforum.org.au]
Sent: Wednesday, 19 May 2004 11:26 AM
To: disabdis
Subject: ASTRA Exemption application

To Disability Rights Unit, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney 1042  

Prior to ASTRA's lodgement of its exemption application, the Australian Association of the Deaf, Deafness Forum and the Deafness Council of Western Australia considered the proposed application. They jointly advised ASTRA that they were generally pleased with the first three years of the roll out program. They also noted that there were some points previously made in discussion with ASTRA that they would like to have addressed. Specifically, these were an explanation of Para 4(7), identification of captioned programs in printed and electronic program guides, showing captions if commercials are provided with them and support for all imported TV sets to have caption capacity. They also advised that they would like the rate of increase in captioning to be increased to 10% in the fourth and fifth years of the roll out plan. They advised, however, that if this would result in a delay in the exemption application, they would support an exemption for three years at the 5% pa increase proposed in the application for the first three years. This, they suggested, would allow time to negotiate the rate for subsequent years without compromising early roll out.

ASTRA replied advising that it had considered the response received and had addressed the matters in relation to identification of captioned programs, an explanation of the rollout provisions and captioned commercials within the final Application. On the question of support for all imported TV sets to be captioned-enabled, ASTRA indicated that it would provide its support in principle where appropriate for it to do so, as long as it did not conflict with the commercial interests of its members. ASTRA noted that the community organisations were generally pleased with the first three years of the rollout as proposed and had indicated that they would support an exemption for three years subject to further negotiation regarding the rate of increase for years four and five. ASTRA advised that, while it understands such a request, it intended to seek a five-year exemption on the grounds outlined in the Application. ASTRA further advised that its members "need the 'regulatory' certainty provided by a five year exemption. Three years does not provided enough time to effectively implement or evaluate the proposal in preparation for a further rollout plan." ASTRA notes that the open broadcasters were granted the certainty of a five-year exemption based on an effective annual captioning increase of 4% per year across a single channel. ASTRA reiterated that the undertakings outlined in its application are for minimum levels only and will deliver at the very least 5% annual captioning increases across 40 Channels."

Deafness Forum makes the following comments:

1.      We continue to hold the view that the rate of increase in captioning should be increased to 10% in the fourth and fifth years of the ASTRA roll out plan. However, if this would result in a delay in the exemption application, we would support an exemption for three years at the 5% pa increase proposed in the application for the first three years. This, we suggest, would allow time to negotiate the rate for subsequent years without compromising early roll out.

2.      We note the statement at 'k' on page 6 of the ASTRA submission 'Although caption files exist for much programming shown on subscription television, costs are still involved in obtaining those files for broadcast' and the following words about 25-65% of the cost of original captioning.
Insufficient information has been provided about these costs and whether they may be reduced by contract negotiations with the overseas suppliers and with technological change. A three-year exemption would allow ASTRA and consumers time to obtain a better mutual understanding of costs and potential for cost reduction in future.

3.      We believe that the percentages quoted in the application are inflated. A single captioned program can have multiple screenings on a Pay Television channel. Counting repeat screenings is, arguably, a manipulation of the statistics.

4.      There is another difference between free-to-air and Pay TV. Free-to-air must do a lot of real time captioning and original captioning of programs whereas Pay TV may be able to meet its roll out plan without any original captioning.

5.      We understand that a faster (indeed immediate) rollout is technically possible, so wonder why a delay of six months is considered necessary. Why could rollout not commence immediately, especially given the rumours we have heard that numerous programs have been captioned since the beginning of 2004 and so could be broadcast immediately?

6.      We would like to see ASTRA and its members all endorse the draft Code of Practice regarding captioning quality that has been provided to ASTRA by the Deafness Forum. To date ASTRA has orally given in-principle support to the Code of Practice initiative but expressed concern that "the necessary flexibility is retained". ASTRA has expressed confidence that the broadcast industry will come to a mutually acceptable resolution with Deafness Forum. At a meeting with Deafness Forum on 1 April ASTRA undertook to provide some written comments about the Code. They have not yet been received.

7.      We continue to hold the view that all imported TV sets should have caption capacity, and seek ASTRA's unequivocal support for that.

8.      Deafness Forum is not in favour of an outcome that jeopardises benefits for its constituencies. However, it would seriously consider taking the matter to the Federal Magistrates Court if ASTRA will not agree to modifications considered to be critical.

Brian C Rope OAM
Chief Executive Officer
Deafness Forum Australia
218 Northbourne Avenue
Braddon ACT 2612
Tel: 02 6262 7808
TTY: 02 6262 7809
Fax: 02 6262 7810
Mob: 0429 681 178
E-mail: brian.rope@deafnessforum.org.au
Deafness Forum Website: www.deafnessforum.org.au
Hearing Awareness Week Website: www.hearingawarenessweek.org.au

If you have received this message in error, please delete it and any attachments from your system and notify the sender.