The Washington-based Coalition of Service Industries wrote to Singapore’s MDA expressing concern over “mischaracterization” of US FCC policy on exclusive TV content. Far from being a precedent for MDA’s cross-carriage system, the Coalition wrote, “U.S. policy for television programming is not to tell those who create and distribute content with whom they should enter into contracts, or what the terms and conditions of those contracts should be – including exclusivity.” The Coalition urged Singapore to reconsider cross-carriage, which it said was “an overly broad move that would limit the rights of all content owners to contract for the supply of their products in the manner of their choosing.” The Coalition posted the letter on their website, and it can be downloaded here.
Blog Archives
CASBAA Tells WIPO Members about Pay-TV Piracy
CASBAA participated in a July 12 seminar on copyright protection for broadcasters, organised by the World Intellectual Property Organization (WIPO) and the Government of India held in New Delhi. CASBAA’s Executive Director – India, Anjan Mitra, presented a series of case studies on piracy of pay-TV content in the Asian hemisphere. He joined reps from the Asia-Pacific Broadcasting Union, the Indian Broadcasting Foundation, and other industry executives and government officials in pointing up the urgency of the piracy problem, as WIPO considers a new international treaty to protect the rights of all broadcasters. Download the CASBAA “Case Studies” presentation here.
CASBAA urges India: Digitize more and regulate less
In a submission to the Telecom Regulatory Authority of India (TRAI), CASBAA told the TRAI it should move aggressively to stimulate digitization of the Indian cable TV market, to solve a host of problems including non-transparency and capacity limits. Meanwhile, TRAI should not jump to the conclusion that comprehensive rate regulation is required in India. Recent court decisions have mandated that the market be examined for evidence of market failure, not that heavy regulation should be continued. CASBAA notes that “growing, energetic and consumer-friendly competition” now characterizes the Indian pay-TV market.
CASBAA’s second submission to TRAI on channel cap
CASBAA advised the Telecom Regulatory Authority of India (TRAI) that no cap on the number of TV channels in India is necessary or advisable. Satellite spectrum is not a realistic constraint, with room in the C-band for more than 10,000 standard TV channels on satellites already visible from India. India’s government should set clear, transparent qualification standards for companies wishing to launch TV channels, but then let the market decide how many succeed.
CASBAA’s second submission to TRAI on channel cap
CASBAA advised the Telecom Regulatory Authority of India (TRAI) that no cap on the number of TV channels in India is necessary or advisable. Satellite spectrum is not a realistic constraint, with room in the C-band for more than 10,000 standard TV channels on satellites already visible from India. India’s government should set clear, transparent qualification standards for companies wishing to launch TV channels, but then let the market decide how many succeed.
Pakistan Regulator Bans Foreign Channels: Press Commentary.
The Dubai newspaper “Emirates Business” commented on the reaction to a government crackdown on unlicensed TV channels.
European Expert compares Economic Regulation in Europe and India
Speaking at a recent CASBAA seminar in India, a European legal expert and former international affairs chief at the UK Competition Authority, outlined differences in European and Indian approaches to regulation in the pay-TV industry. Andrea Appella, now Director of Legal, Competition and Regulatory Affairs at News Corp in London, advised Indian regulators to adopt a lighter touch, avoiding “ex ante” regulation except where there was demonstrable market dysfunctionality that could not be cured by recourse to standard competition law. To read Mr. Appella’s full presentation click here.
World Broadcasting Unions urge WIPO to move forward with new treaty to protect Broadcasters’ Rights
The Asia-Pacific Broadcasting Union (ABU) has provided an update on discussions at the December 2009 meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCRR). Broadcasting Unions from around the world united at that meeting to urge WIPO to move forward on the much-delayed Broadcasting Treaty. A report on the discussions (courtesy of the ABU) can be found here. The World Broadcasting Unions also distributed a brochure, explaining to WIPO delegates why a treaty is needed, and refuting common misconceptions propagated by digital content activists. Download a copy of the brochure here.
US “Special 301” list in 2010: CASBAA recommends Priority Watch List status for several Asian Jurisdictions
CASBAA’s submission to this year’s USTR review of the policies and practices of Asian governments with respect to intellectual property protection noted continuing severe unremedied deficiencies in several Asian markets, including Thailand, the Philippines, China and India. At the same time, concrete actions against pay-TV piracy were observed in Indonesia, Macau and Vietnam, though many problems remain. Read the full submission here.
ITU Reports Underline incompatibility of wireless and satellite services in the C-band
The C-band invasion by wireless services is not going away, and CASBAA broadcaster and satellite operator members will need to keep in touch with their regulatory authorities to urge continued protection for the C-band. Recent documents published by the International Telecommunications Union’s Study Group 4 (SG4) underline the practical impossibility of coexistence in the C-band for broadband wireless services (such as WiMAX) and satellite telecommunications. This ITU group has a Working Party whose preliminary draft new report entitled “Studies on compatibility of broadband wireless access (BWA) networks and fixed-satellite service (FSS) networks in the 3 400-4 200 MHz band” has been summarized for CASBAA members here.
Full ITU Report
(ITU TIES password is required)