{ Please Note, if you are using the PMs web access form (which is easy), since there is no email address available, then you can strip out the sections in [ square brackets ] as you fill this in on the web access form } The Hon Kevin Rudd MP Prime Minister Parliament House Canberra ACT [TODAY’S DATE] Dear Prime Minister Rudd, I write to you as a constituent that is passionate about Digital Television with a small, but important issue that needs your attention. As you are undoubtedly aware, Australia is rapidly progressing towards the day when analogue transmissions are switched off and we enter fully into the new age of digital television. You may also be aware of the relatively slow uptake in digital television (estimated at 30% of the population as of November 2007). This is a concern as the analogue network will either need to be kept operating past the scheduled deadline, tying up valuable bandwidth that may be used for other applications, or switched off, leaving many Australian’s without TV. This is plainly a lose-lose situation! It has been discussed in many forum that adding value to digital broadcasts is an effective way to increase uptake. One of the suggested options was the requirement that a full 7 day electronic program guide (EPG) be broadcast - using available technology - over the air. An EPG informs viewers of their choices in a convenient manner, as well as allowing simple scheduling on personal video recorders (PVR’s) to timeshift programs. This makes digital broadcasting more attractive because people can, with a few simple button presses, watch programs when they want. The right to timeshift is included in the copyright amendments made as part of the Copyright Amendment Act 2006. In a partial acceptance of the fact that an EPG is essential to digital television, FreeTV Australia announced on 14 November 2007 that broadcasters were preparing to provide a 7-day program guide over the air using the EIT protocol. Subsequent to this announcement, the guide information currently being supplied is, in general, not up to the quality requirements necessary to make it useful in the context of modern digital TV devices. Also, FreeTV on behalf of the networks has decided that it has the right to impose restrictions on the use of this data, including: * That broadcasters are not authorising the use of the programs listing data in PVRs where skip functionality goes beyond a maximum fast forward speed of x60 – broadcasters reserve their rights with respect to those suppliers; * In addition, PVR's which display the EPG must employ adequate copy protection measures to prevent the redistribution of free to air content outside the home or on the internet; and * Broadcasters reserve their rights subject to the Commonwealth Copyright Act 1968, to take legal action at any time for copyright infringement where program listings are used in contravention of these terms. While I certainly understand that copyright is an important protection for broadcasters, I strongly object to them abusing the rights it confers by limiting the usage of what should be a basic, standard service to devices that meet their stringent guidelines, the content of which is contrary to the public interest. The proposed guidelines effectively rule out many devices currently in operation. This means that consumers will be forced to purchase a compliant device to replace their current (and in all other respects perfectly serviceable) one, or not have access to the EPG. Clearly this is not an acceptable solution. I believe both the Communications Minister and the ACMA have the power to change this situation, neither have. I request that you take charge and initiate changes be made to the relevant legislation, requiring that: 1. A free, accurate and unencumbered guide must be provided to the public by the broadcasters. It must comply with the EIT over DVB-T standard, and provide sufficient information to determine series, episode name, start and end times. It should be consistent both across the different networks and over time. This is necessary to allow for the proper searching and scheduling of recordings as enabled by modern digital TV appliances. 2. This data must also be available to aggregators (commercial or not) freely or through a commercial licence in order to promote the development of ‘value-add’ services for digital television. Any licence fees should be determined by an independent authority (i.e the ACCC). This issue is a very simple and relatively minor, it is unfortunate that so many parties have failed to deliver a solution workable for the Australian pubic. As the Prime Minister I ask that you take control where others are failing to and deliver a solution. I look forward to hearing back from you on this important issue once you have had time to consider what I believe to be a very reasonable position. Yours sincerely [YOUR NAME] [YOUR POSTAL ADDRESS]