MCOT warns NBTC on Ch 3 concession
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MCOT has warned the National Broadcasting and Telecommunications Commission (NBTC) that its orders must not affect the concession contract the state broadcaster granted to Bangkok Entertainment Co, an MCOT source said.
MCOT insisted that assets under its concessions could be used only for operating those concessions and not by other juristic parties.
MCOT also sent copies of the concession contract to the NBTC, which shows that MCOT allows Bangkok Entertainment to broadcast analog programmes only on the phase alternating line (PAL) system. Bangkok Entertainment is not allowed to use the assets under the concession to broadcast programmes on other systems without the permission of MCOT.
MCOT made these points in writing to the regulator after its broadcasting committee recently permitted Bangkok Entertainment to simulcast its Channel 3 analog programmes on digital Channel 33, operated by its sister firm
BEC-Multimedia. The National Anti-Corruption Commission has accepted a case lodged by Bangkok Broadcasting and Television against three members of the NBTC broadcasting committee after it allowed Channel 3 to simulcast its analog programmes via Channel 33, a terrestrial-based digital channel.
BBTV, which operates Channel 7, posted on its website last week that the decision by Supinya Klangnarong, Thawatchai Jittrapanun and Peerapong Manakit intentionally violated the broadcasting regulations and was an abuse of function that damaged the national interest.
On September 29, the five-member broadcasting committee voted 3-2 to allow BEC-Multimedia, which holds the licence to operate three digital channels, to simulcast analog programmes of Channel 3. The two members of the panel who voted against were Natee Sukonrat and Thaweesak Ngamsanga.
Channel 7 argues that the decision may be in violation of Article 43 of the Frequency Allocation Act, which states that the holder of a spectrum licence cannot transfer its spectrum ownership to other parties. BEC is separate from BEC-Multimedia.
It further claims that the decision breaches the NBTC rule obliging
the TV licence holder to produce at least 60 per cent of its own programming.
Channel 7 holds a licence to run a digital TV channel while airing analog programmes under a broadcasting concession with the Army.
BEC-Multimedia holds three licences to run digital channels 13, 28 and 33, while Bangkok Entertainment runs Channel 3 analog under the MCOT concession.
Channel 7 claimed that the simulcast of Channel 3 on digital Channel 33 could damage national benefits from licence fees, approximating Bt3 billion.
