BEC, broadcasting in talks to seek solution
Natee Sukonrat, chairman of the broadcasting committee, said yesterday that he believes a way will be found before October 11 to solve the problem of Channel 3.
Before October 11, the committee and Channel 3 operator Bangkok Entertainment Co (BEC) will hold a series of talks to seek a solution. Both believe that neither side will benefit if they end up in court.
Last week, the Central Administrative Court granted temporary relief to BEC in response to the broadcasting committee’s recent order for all cable and satellite TV networks to drop Channel 3 programmes from their networks on September 28. The deadline has been extended to October 11.
The committee had instructed cable and satellite TV networks to drop Channel 3 programmes as the channel was not free TV based as per its definition. It obliges cable and satellite TV networks to carry free TV channels, which are digital TV channels. Yesterday, executives of BEC and digital TV channel operator BEC-Multimedia came to meet the broadcasting committee to seek clarification if BEC would risk breaching laws and rules if it follows the broadcasting committee’s resolution on Monday.
On Monday, the five-member broadcasting committee voted 3-2 to pass the resolution that BEC-Multimedia will be able to air full analog programmes of Channel 3 on its digital TV channel and it will still be regarded as operating the digital channel on its own. It also asked BEC-Multimedia to submit new programming for the committee’s consideration when it will have BEC simulcast content on its channel.
Risk of violating law
However, Natee, who voted against the move on Monday, raised concerns after the voting that if BEC-Multimedia’s entire content were to be 100 per cent produced by BEC, it could risk violating Article 43 of the Frequency Allocation Act, which states that a spectrum licence holder cannot transfer its spectrum ownership to other parties. It might also risk breaching the NBTC’s requirement for licence holders to produce at least 60 per cent of their TV programming on their own.
Legal and economic experts yesterday said the broadcasting committee should assess its regulatory impacts and avoid market intervention in order to make sure that it has treated all parties fairly.
Orabhund Panaspathna, associate professor of law at Chulalongkorn University, said the "must carry" rule was considered as an intervention in the market mechanism. She was speaking at the seminar hosted by the Thai Media Policy Centre and Chulalongkorn’s Centre of Political Economy.
