Transport stream generating apparatus and a recording apparatus having the same, and a transport stream generating method

Without acquiring the information such as file size, a recording apparatus for generating a transport stream as the boundary and the file division point of the recording unit (Aligned Unit) (i.e. the boundary of the GOP) always coincide. When generating a transport stream by time division multiplexing transport packets, between the video packets generated from one coding unit (GOP), and subsequent video packets of the video packets, transport packets other than the video packets (e.g. null packets n) to insert more than n. The data length of the transport packet d, the data length of the fixed-length header added to each of the transport packets before recording to the data recording medium h, when the recording unit length to the data recording medium is L, L ≦ (n + 1) × (d + h) It holds.