2016 Australian regional television realignment

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The 2016 Australian regional television realignment occurred on 1 July 2016, when a major series of affiliation changes occurred in Australian regional television; WIN Television, a chain of regional stations that had historically been affiliated with Nine Network, switched its affiliation to Network Ten. At the same time, Southern Cross Ten stations outside of Northern New South Wales switched to Nine Network. Several Network Ten-affiliated digital television stations co-owned by WIN also switched to Nine, by virtue of WIN's primary stations taking on the Ten affiliation.

Contents

Nine's decision not to renew its affiliation with WIN stemmed from a lawsuit the broadcaster filed in February 2016, in which WIN alleged that Nine was violating its affiliation agreement by broadcasting into regional areas via internet streams on its catch-up service 9Now. The lawsuit was dismissed after a judge ruled that the definition of "broadcasting" in the affiliation agreement only gave WIN exclusive rights to carry Nine Network programming on free-to-air terrestrial television in its designated regions, and did not account for digital streaming.

Background

Under Australian law, commercial free-to-air television broadcasters are subject to an ownership cap known as the "reach rule", dictating that a single broadcaster's stations may not serve more than 75% of the population. As a result, the major Australian television networks only have owned-and-operated stations in the major metropolitan centres of the country, and rely on affiliates to distribute their programming in the "regional" areas of Australia. [1] [2] [3]

Nine Network's affiliate in regional Queensland, Victoria, and Southern New South Wales was WIN Television; WIN's owner Bruce Gordon is a 14.99% shareholder in Nine's parent company Nine Entertainment Co. In December 2015, following alleged disputes over fees paid to the network for regional rights to its programming, Nine and WIN had agreed to a "last-minute" extension of their current affiliation through June 2016. Deutsche Bank reported that WIN Television was now required to pay 45% of revenue from Nine programming to the network, although these numbers were disputed. [4] [5] [6]

Developments

In February 2016, Nine Network launched 9Now, an online service offering video-on-demand access to its programmes, as well as live streaming of the network's schedule. [5] [1] Following the launch of 9Now, WIN Television sued Nine Entertainment Co., alleging that the company had breached its affiliation agreement by broadcasting into regional areas via the 9Now service. [6] Justice Hammerschlag of the NSW Supreme Court dismissed the case on 28 April 2016, ruling that the affiliation agreement's definition of "broadcasting" only applied to transmission via terrestrial, free-to-air television, and did not cover other means of transmission, such as over the internet. [7] [8]

On 29 April 2016, Nine Network announced that it had reached a new, five-year affiliation deal with Southern Cross Austereo, which would see its previously Network Ten-affiliated Southern Cross Ten stations switch to Nine Network effective 1 July 2016, replacing the WIN stations. The deal also called for Southern Cross to provide national advertising sales services for Nine's O&Os NTD and NBN. [5] Under the $500 million deal, Southern Cross pays half of its local revenue from Nine Network programming to the network. [5]

Southern Cross's switch led to reports that Network Ten was already in negotiations with WIN to replace Nine on its stations; Bruce Gordon is also a 14.99% shareholder in Ten Network Holdings, and WIN ran Ten affiliates as joint ventures with Prime Media Group (Mildura, Western Australia), and Southern Cross (Tasmania) alongside its own Nine Network affiliates. The Sydney Morning Herald reported via sources that WIN could achieve a more favourable revenue sharing deal with Ten due to the large number of Ten-affiliated stations it would own if it affiliated. [5] [4] Although the network has historically struggled in comparison to its competitors, Ten's ratings had recently seen improvements due to recent successes such as Big Bash League cricket, I'm a Celebrity...Get Me Out of Here! , and MasterChef Australia . [9] On 23 May 2016, Network Ten officially announced that it had reached a five-year affiliation deal with WIN, also beginning on 1 July 2016. [9]

Changes

Affected areas

Stations involved in the realignment by market
Market StationAffiliation
before switch
(branding)		Affiliation
after switch
(branding)		Current
affiliation
(branding)
New South Wales/ACT
Northern New South Wales NRN Network Ten
(Southern Cross Ten)		 Network Ten
(Channel Ten)		 Network Ten
(WIN)
Southern New South Wales
and ACT		 CTC Network Ten
(Southern Cross Ten)		 Nine Network
(Channel 9)		same
WIN Nine Network
(WIN)		 Network Ten
(WIN)		same
Griffith and MIA AMN Nine Network
(WIN)		 Network Ten
(WIN)		same
MDN Network Ten
(WIN Ten)		 Nine Network
(Channel 9)		same
Victoria
Regional Victoria GLV
BCV 		Network Ten
(Southern Cross Ten)		 Nine Network
(Channel 9)		same
VTV Nine Network
(WIN)		 Network Ten
(WIN)		same
Mildura and Sunraysia MDV Network Ten
(Ten Mildura)		 Nine Network
(Channel 9)		same
STV Nine Network
(WIN)		 Network Ten
(WIN)		same
Queensland
Regional Queensland RTQ Nine Network
(WIN)		 Network Ten
(WIN)		same
TNQ Network Ten
(Southern Cross Ten)		 Nine Network
(Channel 9)		same
South Australia
Mount Gambier and Riverland MGS
LRS 		Network Ten
(WIN Ten)		 Network Ten
(WIN)		same
SDS
RDS 		Nine Network
(WIN)		 Nine Network
(Channel 9)		same
Tasmania
Tasmania TDT Network Ten
(TDT Ten)		 Nine Network
(Channel 9)		same
TVT Nine Network
(WIN)		 Network Ten
(WIN)		same
Western Australia
Regional and Remote
Western Australia		 SDW
VDW
GDW
WDW 		Network Ten
(WDT Ten)		 Nine Network
(Channel 9)		same
WOW Nine Network
(WIN)		 Network Ten
(WIN)		same

In the markets where WIN co-owned Section 38B [10] digital stations affiliated with Network Ten alongside a WIN-owned Nine station, the Ten affiliation moved to the former Nine stations, and the digital joint venture stations switched to Nine Network. Mildura Digital Television and Tasmanian Digital Television were able to reach affiliation deals with Nine shortly before 1 July in order to facilitate these affiliation swaps. [11] [12] [13]

West Digital Television (co-owned by WIN and Prime) was unable to reach an affiliation deal with Nine in time for the switchover, with the co-owners stating that Nine had been actively rejecting offers. On 1 July 2016, WDT halted its programming and began broadcasting a loop of scenic video with a scrolling message stating that programming was unavailable. [14] [15] On the evening of 2 July 2016, Nine reached an affiliation deal with WDT; at around 7:30 p.m. WST, WDT began broadcasting Nine Network programming by joining its federal election coverage already in progress. [16]

Southern Cross-owned NRN in Northern NSW was not affected by the swap, as Nine already owned NBN as an O&O for the region. On 28 March 2017, Southern Cross announced that it had agreed to sell NRN to WIN for $55 million, [17] [18] [19] in a deal which was completed on 31 May 2017. [20] [21]

Aftermath

The affiliation swap was reversed on 1 July 2021, when the Nine Network reached a seven-year affiliation deal with WIN, and Southern Cross subsequently reached a two-year deal with 10. [22] [23]

Related Research Articles

Nine Network Australian television network

The Nine Network is a major Australian commercial free-to-air television network. It is owned by parent company Nine Entertainment, and is one of five main free-to-air television networks in Australia.

Network 10 Australian television network

Network 10 is an Australian commercial television network. One of five national free-to-air networks, 10's owned-and-operated stations can be found in the state capital cities of Sydney, Melbourne, Brisbane, Adelaide and Perth while affiliates extend the network to regional areas of the country. The network is owned by Ten Network Holdings, which in-turn is owned by Paramount Networks UK & Australia.

WIN Television Australian TV network

WIN Television is an Australian television network owned by WIN Corporation that is based in Wollongong, New South Wales. WIN commenced transmissions on 18 March 1962 as a single television station covering the Wollongong region. The WIN Network has since grown to cover much of regional Australia. The network's name, WIN, originates from its first station, Wollongong's WIN-4. WIN has a program supply agreement with metropolitan broadcaster Nine Network, covering its stations in Regional Queensland, Southern and Western New South Wales, Griffith, Regional Victoria, Mildura, Tasmania, Eastern South Australia, and Regional Western Australia. WIN also has a program supply agreement with third-placed metropolitan broadcaster Network 10, for its Northern New South Wales station. WIN also produces and broadcasts weeknight half-hour local news bulletins across its Queensland, southern New South Wales, Victoria and Tasmania markets, as WIN News.

TDT is a digital television station in Tasmania, Australia. It is jointly owned by WIN Corporation and Southern Cross Austereo, operating as Tasmanian Digital Television.

TVT is Tasmania's first television station, delivering its first official broadcast on 23 May 1960. The callsign stands for "TeleVision Tasmania". Unlike the commercial stations in Sydney, Brisbane, Melbourne, Adelaide, and later Perth, TVT held a monopoly in the Hobart market for many years.

GLV and BCV are television stations licensed to serve Traralgon and Bendigo and regional Victoria, Australia. The stations are owned and operated by Southern Cross 10.

10 (Southern Cross Austereo) Australian television network

10 Regional is an Australian television network owned by Southern Cross Austereo that is broadcast in Queensland, New South Wales, Australian Capital Territory, Victoria and South Australia. The network is the primary affiliate of Network 10 in most regional areas.

In Australia, regional television is the local television services outside of the five main Australian cities.

NRN is a television station originating in Coffs Harbour, Australia owned by WIN Corporation as part of the WIN Television network, affiliated to Network 10. The station was formally a partnership between NRN-11 Coffs Harbour and RTN-8 Lismore.

MTN is a television station licensed to serve Griffith and the surrounding Murrumbidgee Irrigation Area (M.I.A.). The station is owned and operated by WIN Corporation as a Seven Network affiliate.

WIN Corporation

WIN Corporation is a private Australian media company, that owns assets including the WIN Television network, Crawford Productions and several local radio stations. The company is based in Wollongong, New South Wales.

TNQ is an Australian television station, licensed to, and serving the regional areas of Queensland. The station is owned and operated by Southern Cross 10.

RTQ is an Australian television station broadcasting in regional Queensland in Australia. The network was owned by Star Television, before being purchased by the WIN Corporation on 5 October 1988.

WOW is an Australian television station licensed to WIN Television, serving regional and remote Western Australia. The station officially commenced transmissions on 26 March 1999 as the second commercial regional broadcaster in Western Australia, alongside former monopoly, Golden West Network (GWN7).

This timeline of Australian television lists important station launches, programs, major television events, and technological advancements that have significantly changed the forms of broadcasting available to viewers of television in Australia. The history of television in Australia can be traced back to an announcement from the Menzies' government concerning plans for television services in Sydney and Melbourne.

9HD Australian television channel

9HD is an Australian television channel owned by Nine Entertainment, originally launched on 17 March 2008 featuring unique "breakaway" programming until 2009 and a high-definition simulcast of the Nine Network from 2009 to 2010 and again since 26 November 2015. The channel is available on high definition digital television viewers in metropolitan and regional areas through a number of owned-and-operated and affiliate stations. Originally 9HD only simulcast blocks of programming from the Nine Network, and in 2008 it added time-shifted news, movies, drama and entertainment programs. Following the launch of 9Go! in August 2009, 9HD reverted to a HD simulcast of the Nine Network. The channel was replaced completely in 2010 and the space occupied by the newly launched multichannel 9Gem. Following the government's decision to remove the SD Primary Channel limitations, the channel returned as a HD simulcast on channel 90 on 26 November 2015.

AMN is a television station licensed to serve Griffith and the surrounding Murrumbidgee Irrigation Area (M.I.A.). The station is owned and operated by WIN Corporation as a Nine Network affiliate, WIN Television.

West Digital Television is an Australian digital television network jointly owned by Seven West Media and WIN Corporation. It broadcasts free-to-air on a number of digital terrestrial transmitters in regional and remote areas of Western Australia, as well as free-to-view on the Viewer Access Satellite Television service. The network began as an affiliate of Network 10, remaining so until 1 July 2016, when it switched to the Nine Network. In 2021 it returned to Network 10, broadcasting a direct feed of NEW-10 Perth.

9Life is an Australian free-to-air digital television multichannel owned by Nine Entertainment. The channel airs mostly foreign lifestyle and reality programs, with the channel having a licensing agreement with Discovery Inc. for the distribution of many formats.

References

  1. 1 2 "Regional TV ownership shake-up on cards as backbenchers push to scrap 'reach rule'". ABC News. Retrieved 2 July 2016.
  2. ↑ "Statutory control rules". ACMA. Retrieved 2 July 2016.
  3. ↑ "Coalition approves media law shake-up". Sydney Morning Herald. Retrieved 2 July 2016.
  4. 1 2 "Extra markets up for grabs in WIN-Ten negotiations". Sydney Morning Herald. Retrieved 2 July 2016.
  5. 1 2 3 4 5 "Nine and Southern Cross in multi-year affiliation deal". Sydney Morning Herald. Retrieved 2 July 2016.
  6. 1 2 Mason, Max (10 February 2016). "Bruce Gordon's WIN takes Nine to court over streaming". Sydney Morning Herald. Retrieved 29 April 2016.
  7. ↑ McDonald, Philippa (28 April 2016). "Regional broadcaster WIN loses bid to stop Channel Nine streaming programs". Australian Broadcasting Corporation. Retrieved 29 April 2016.
  8. ↑ Knot, David (28 April 2016). "Nine victory in 9NOW streaming lawsuit filed by WIN TV". TV Tonight. Retrieved 29 April 2016.
  9. 1 2 "Ten and WIN confirm new affiliate deal". Sydney Morning Herald. Retrieved 2 July 2016.
  10. ↑ "Variation to Digital Channel Plan - Explanatory Paper" (PDF). Australian Communications and Media Authority. June 2009. Archived from the original (PDF) on 15 May 2013. Retrieved 5 April 2013.
  11. ↑ "WIN free-to-air TV shake-up 'a big deal' for regions, Tasmanian manager says". ABC News. Retrieved 2 July 2016.
  12. ↑ "Dead air one day away in Tasmania as Nine Network and TDT TV deal remains in limbo". The Mercury. Retrieved 2 July 2016.
  13. ↑ Mitchell, Jake (28 June 2016). "Nine reaches affiliate deal to run signal into regional Victoria". The Australian. Retrieved 28 June 2016.(subscription required)
  14. ↑ Diss, Kathryn (1 July 2016). "Channel 9 goes off air in regional WA after a programming stoush on the eve of election day". ABC News . Retrieved 1 July 2016.
  15. ↑ Knox, David (1 July 2016). "Tassie on the air, but no deal for WA". TV Tonight . Retrieved 1 July 2016.
  16. ↑ Knox, David. "Nine reaches regional WA agreement with WIN / Prime". TV Tonight. Retrieved 2 July 2016.
  17. ↑ Burrowes, Tim (28 March 2017). "SCA sells northern NSW television assets to WIN for $55m". Mumbrella. Retrieved 28 March 2017.
  18. ↑ Bingemann, Mitchell (28 March 2017). "Southern Cross Media sells northern NSW TV operations to WIN". The Australian. Retrieved 28 March 2017.
  19. ↑ Mason, Max (28 March 2017). "Southern Cross to sell northern NSW TV business to WIN". The Australian Financial Review. Retrieved 28 March 2017.
  20. ↑ "Southern Cross Austereo: Agreement of Sale of NNSW TV Operations and Trading Update" (PDF). Australian Securities Exchange. Retrieved 20 May 2017.
  21. ↑ Knox, David (20 May 2017). "WIN completes deal for Southern Cross Northern NSW". TV Tonight. Retrieved 20 May 2017.
  22. ↑ Samios, Zoe (25 June 2021). "Ten and Southern Cross sign short broadcast affiliate deal". The Sydney Morning Herald. Retrieved 16 February 2022.
  23. ↑ Mediaweek (11 March 2021). "Nine changes regional TV partners and signs deal with WIN". Mediaweek. Retrieved 16 May 2021.
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