Suspicion lingers over Uefa call

Uefa’s reply raised more questions than answers, as it may serve to excuse both TrueVisions and GMM Grammy, the holder of broadcasting rights in Thailand.
GMM has refused to tell the press the exact questions it asked Uefa, leading to suspicion it may have used a tactic to end the feud. It is not known if GMM asked Uefa for sub-licensing or a pass-through of signals from free TV channels to TrueVisions platform. Sub-licensing would be impossible.
But with Uefa’s answer, the feud between the two firms is over. GMM will no longer subject to public criticism and TrueVisions can ask the regulator to waive the penalties it wanted to impose.
The National Broadcasting and Telecommunication Commission on Tuesday slapped daily fines of Bt20,000 on TrueVisions, until its pay TV platform receives the broadcast signal. It also threatened to impose penalties on all involved, for depriving consumers of their rights. The NBTC has promised to look deeply into the matter. NBTC broadcasting committee chairman Natee Sukonrat said yesterday that TrueVisions could appeal against the fine.
Under the Uefa broadcasting rights, GMM Grammy said the programmes would be aired mainly via a terrestrial analog system and GMM set-top box. According to a Nielsen survey of 22 million Thai households with a TV set, nearly half (10.9 million) watch TV via antennas.
Uefa’s reaction to GMM Grammy’s request was announced at a press conference yesterday. Its refusal ended the feud, which heated up ahead of Euro 2012’s start on June 8 and led to talks by the chiefs of both companies.
Uefa reasoned that TrueVisions’ request came too late, with the tournament already under way. TrueVisions is not owned or affiliated with GMM Grammy, so it cannot transmit any Euro 2012 programmes, Uefa ruled. Uefa also considers TrueVisions a pay-TV provider, despite the fact it carries free-to-air channels, and the rights cannot be extended to TrueVisions to use any Euro 2012 programmes.
“We’ve done the best we can to allow TrueVisions subscribers to access the Euro 2012,” said Thana Thienachariya, chief executive officer of GMM Grammy’s GMM Z satellite channel.
At a separate press conference, TrueVisions executive vice chairman Sompan Charumilinda said: “We are disappointed that we cannot pass through live matches of Euro 2012 from free TV channels, like Euro 2008, 2004 and 2000.”
Sompan called on the NBTC to implement a “must carry” rule to prevent such disputes in the future and protect customers’ rights to access all free-TV programming. Under such a rule, everyone can access free-TV broadcasts via any signal-receiving platform.
The NBTC’s Natee said such a conflict should not happen again once the watchdog finishes its new rules to govern the broadcasting industry, which are expected to be in place by August.
He warned that broadcasters planning to apply for NBTC licences may face a problem if they are found to have done anything in the past that harmed consumers.
As part of the NBTC consumer protection subcommittee’s opinion, TrueVisions should waive one month of fees for all its subscribers for its inability to show the Euro 2012 matches. But Natee said such a measure must also be fair to TrueVisions.
Today, the House panel on consumer protection and communications will call in all related parties, including the NBTC, TrueVisions and GMM Grammy, to clarify the issues.