Thai editorial: TV regulator must unscramble itself

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EDITORIAL
TV regulator must unscramble itself
The Nation

A divided NBTC is an obstacle in the path to the digital era

BANGKOK: -- It could be a new beginning, or the beginning of the end. The national broadcasting panel's decision to allow Channel 3 analog to simultaneously broadcast its programmes on its digital channel might have put us a step closer to the era of full digital TV. A shorter path to liberalisation of Thailand's broadcasting industry has opened, allowing us to leapfrog other countries in the transition to digital.

But only if Channel 3's operator agrees with the plan. If not, the arrangement could become another obstacle on the road, prolonging the already-delayed transition.

The "simulcast" route is supposed to be the easiest way out of the impasse that ensued when the National Broadcasting and Telecommunications Commission (NBTC) ordered all pay-TV operators to remove Channel 3 from their services after the channel lost its free-TV status as part of the transition. But the station has struggled to maintain its free-TV status so that it could continue using cable and satellite access.

Airing its analog shows on its own digital channel seems like the obvious solution for Channel 3. But that solution hit a snag in the form of legal technicalities. Channel 3 analog is operated by Bangkok Entertainment Co, while its digital channel is run by BEC-Multimedia Co. A 100-per-cent transfer of programmes from its analog to digital might breach NBTC rules as well as the 2010 Frequency Allocation (FA) Act.

Nevertheless, the national broadcasting panel voted 3:2 in favour of Channel 3 analog-digital simulcasts. Digital operator BEC-Multimedia has been told to submit its programming for NBTC approval.

Still, the argument from Channel 3 analog's operator is over the legality of the simulcast.

Natee Sukhonrat, chairman of the broadcasting watchdog, voted against simulcasts over concern about the legal issues. Although the two firms have the same shareholders and are managed by the same people, they are not considered a single entity in law, Natee pointed out. The simulcast therefore risks violating Article 43 of the FA Act well as an NBTC rule that the digital licence holder must produce at least 60 per cent of programme content.

Natee and other panel members have in common the ultimate goal of a quick and smooth transition to digital TV. But the majority of his colleagues reasoned that the simulcast would breach no law as long as BEC-Multimedia has full control of its channel. Whether or not the two companies are the same business entity doesn't faze them.

Channel 3 analog's operator also has a decision to make. It could continue on the legal route by seeking an Administrative Court on whether the NBTC is within its rights to end its free-TV status. Or it could refuse to comply with the committee' s decision, thus delaying digital transition further.

When an industry is liberalised, there are always winners and losers. Stakeholders voice concerns as they struggle for a slice of the new territory. The broadcasting regulator must serve as referee. Like a town planner, the NBTC must somehow reconcile demands from existing landowners for the sake of the community as a whole. For the town to be established, the planner must put the public interest first.

The NBTC planners are in disarray, however. Teamwork is needed here if the target of a smooth and speedy transition is to be achieved. NBTC members must resolve their differences of opinion on this issue. It would be impossible for them to convince others of the way forward when they can't agree on a firm strategy.

Source: http://www.nationmultimedia.com/opinion/TV-regulator-must-unscramble-itself-30244459.html


-- The Nation 2014-10-01