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The Australian government’s Convergence Review Committee has released a Framing Paper and invited public submissions on what principles should guide the review over the next year.

The principles currently proposed span across broadcasting, telecommunications, and radiocommunication issues (although the bias is towards broadcasting content issues):

1. Australians should have access to a diversity of voices, views and information.
2. The communications and media market should be innovative and competitive, while still ensuring outcomes in the interest of the Australian public.
3. Australians should have access to Australian content that reflects and contributes to the development of national and cultural identity.
4. Australians should have access to news and information of relevance to their local community.
5. Communications and media services available to Australians should reflect community standards and the views and expectations of the Australian public.
6. Australians should have access to the broadest range of content across platforms and services as possible.
7. Service providers should provide the maximum transparency for consumers in how their service is delivered.
8. The government should seek to maximise the overall public benefit derived from the use of spectrum assigned for the delivery of media content and communications services.

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The final terms of reference for the upcoming Convergence Review to be conducted by the Australian government have been announced, following on the draft terms of reference provided for public comment in December.

At the Australian Broadcasting Summit this morning, Senator Stephen Conroy, the Minister for Broadband, Communications and the Ditital Economy, noted that the final terms of reference have been released. The focus of this review appears to be how best to regulate content that are accessible across a number of delivery platforms (television, computers, and mobile/telecommunications devices), rather than via a single means as in the past.

The terms of reference, which are now posted on the Department’s website, include:

–ensuring that the policy framework for media content and communications services is appropriate, and advising on ways of achieving it and on the potential impact of reform options on industry, consumers, and the community;
–looking at all relevant legislation and regulations implicated by the terms of reference (including, it appears, those outside of the Minister’s portfolio);
–considering both regulatory and non-regulatory measures to achieve the new framework;
–taking into account a number of issues when developing the new framework, including ensuring an innovative and effective media industry, the continued production and distribution of Australian content, developing appropriate ways to treat content that crosses international borders, and considering the appropriate ways in which radiocommunications spectrum is allocated.

Senator Conroy also remarked at the conference that the review committee will include Malcolm Long, who until recently was a member of the Australian Communications & Media Authority. Now an independent consultant, Long was also past Director of the Australian Film, Television and Radio School, and Managing Director of national broadcaster SBS, among other senior roles in the Australian media industry.

Update: The Department has announced that Glen Boreham, formerly Managing Director of IBM Australia, will be chairing the review committee. The third and final member of the committee will be announced shortly.

The draft Terms of Reference for the Government’s review of the laws relating to the converged media and communications industry have been published.

Part of a FAQ on the website of the Department for Broadband, Communications and the Digital Economy, which is conducting the review, notes that:

* ‘Convergence’ describes the trend whereby devices (such as televisions, mobile phones and computers) and platforms (such as broadcast, telecommunications and broadband) that once had distinct functions may now support many different services and applications.
* You can now watch a TV show on your television, your computer or your phone. You can also make a phone call from your laptop or your email account. These examples illustrate the trend of convergence—that is, when the service experienced by the consumer is similar regardless of the network or device that delivers it.
* Convergence is driven by a range of evolving and new technologies including internet protocol networks, high-speed broadband and smart devices and phones.

The Department also notes that the incentive for the review, which will be conducted during 2011, is to ensure that Australia’s existing regulatory frameworks for broadcasting, telecommunications, and radiocommunications continue to operate appropriately in a media and communications sector that is becoming increasingly converged. Communications Minister Senator Conroy remarked in the media release announcing the review that the introduction of the National Broadband Network will accelerate the process of convergence. He also noted that the review will “look at all content delivery platforms including broadcast, mobile and fixed telecommunications and the internet”.

This review will consider possible changes to the three main acts governing the sector: the Broadcasting Services Act 1992, the Radiocommunications Act 1992, and the Telecommunications Act 1997.

The Department is accepting submissions on the draft Terms of Reference until Friday 28 January 2011.