Regulatory framework in Asian markets remains uneven
Hong Kong, 25 October 2005 – The Cable and Satellite Broadcasting Association of Asia (CASBAA) today announced the results of a Study on Effective Regulation of The Pay-TV Industry in the Asia-Pacific, a first ever examination of the economic impact of regulatory practices across the region.
The study shows a clear relationship between regulatory effectiveness and pay-TV industry investment and growth across the region. While macro economic factors have also helped drive investment and revenue generation, the results of the study demonstrate that an effective regulatory framework is a pre-requisite for a high performing sector.
Most of the regulatory practices in Hong Kong and Japan are consistent with globally established benchmarks evident in the US and the UK. The regulatory environment in these markets has helped boost competition, investment and revenue generation in the pay-TV industry.
Over the past three years, annual industry investment, which encompasses of costs relating to distribution, programming and technology, reached US$438 per pay-TV household in Japan and US$393 and US$390 in Hong Kong and Singapore. (Figures for the UK and US are US$694 and US$757 respectively.)
This compares to only US$89 in Korea and US$162 in Taiwan, markets where the regulatory framework is more rigid. Just US$84 has been invested per year in the Philippines and US$139 in Thailand. Both these markets remain severely depressed by rampant piracy.
“The CASBAA study highlights significant upside in terms of economic growth, investment in infrastructure and content creation that governments can expect from adopting effective regulatory policies,” said Marcel Fenez, Chairman of CASBAA. “The rewards are clear in the markets that have improved their regulatory systems in recent years. Rapid increases in investment and industry development are the principal benefits.”
Simon Twiston Davies, CASBAA CEO, noted that with the increased pace of convergence, effective regulation of the pay TV industry is a vital driver for digital infrastructure deployment. “Governments that give the pay-TV industry room to grow find they gain even greater advantage from the entire digital economy.”
The CASBAA report highlights that regulation of the pay-TV industry has evolved over time in the most advanced economies to a free market framework, with a high level of premium content made available. “This is the wave of the future, said Mr Fenez. Consumers enjoy access to the television programming they want through different means. The industry is encouraging governments to abandon outmoded concepts, and to genuinely ‘regulate for the future’.”
How the Study was Conducted
The evaluation of pay-TV regulation and the construction of a “Regulatory Regime Index” were undertaken by a CASBAA panel of industry experts and senior executives. The evaluation and its findings were reviewed by the CASBAA Board of Directors and CASBAA Council of Governors.
The construction of the “Investment & Sector Value Index” and the relationship between regulation and industry investment and sector value were undertaken by regional research & consulting firm, Media Partners Asia (MPA).
Uneven Regulatory Development
According to CASBAA, the pay-TV market in Asia has entered a phase of rapid growth and significant contribution to the regions economies. Industry revenues are now in excess of US$15 billion annually. In some markets, pay-TVs increasing contribution to economic growth has been facilitated by a favourable evolution of the regulatory environment. However, in other jurisdictions the regulatory framework remains uneven and unfavourable to competition and development, including meeting the demands of technological change and industry investment, as well as creating a level playing field for competitors.
Burgeoning Markets
Critical to the future of pay-TV development in Asia are the two largest potential markets, China and India.
Chinas industry is gradually moving from a free-to-air retransmission model to a genuine pay-TV environment. However, regulatory restrictions and uncertainty remain. Nevertheless, China is focused on accelerating the rollout of digital pay-TV infrastructure and facilitating an environment for greater investment and competition in the pay-TV and broadband industries. It is thus foreseeable that its regulatory framework will evolve over time, with the focus on maximizing investment and growth in the pay-TV industry and overall deployment of digital infrastructure.
In India, the pay-TV industry can be described as vibrant, particularly with regard to investment in programming. Uneven regulation, however, if smoothed, would have a significant impact on the rate of growth and infrastructure investment. The trend, nevertheless, is uncertain, and notable restrictions on distribution, pricing and supply of pay-TV programming have been introduced in recent years.
Reaching the Benchmark
Certain Asian markets including Hong Kong and Japan are nearing global benchmarks for effective regulation with a beneficial impact for both consumers and the industry. Malaysia, Singapore and Australia maintain generally favourable regulatory frameworks, although they are limited in terms of competition and do not provide the widest consumer choice.
Established Markets with Complex Regulations
Taiwan was previously able to attract considerable investment in pay-TV distribution and programming from strategic media and private equity investors but is now in danger of losing its appeal. Regulations remain characterised by overly complex and restrictive practices, involving multiple levels of government. These have undermined incentives to upgrade technology and invest meaningfully in programming content.
Korea, with a well-developed pay-TV network infrastructure, is a potential high growth market but progress remains curtailed by restrictive retransmission policies, programming quotas and the lack of a level playing field for competition between terrestrial and pay-TV platforms. Regulation is evolving, as most recently indicated by an increased limit on foreign investment in pay-TV distribution platforms. “This has helped unlock investment from international private equity firms, especially in the area of cable and satellite distribution infrastructure, which, in turn has helped promote greater consolidation and scale in the market,” said Mr Twiston Davies.
Underdeveloped Markets, Hindered by Weak Regulation
The Philippines and Thailand are both moving to improve their frameworks but progress has been slow, if not non-existent. A common problem to both countries is the existence of massive pay-TV signal piracy on a commercial scale. Intellectual Property rights enforcement has been weak.
ABOUT CASBAA – www.casbaa.com
The Cable & Satellite Broadcasting Association of Asia is an industry-based advocacy group dedicated to the promotion of multi-channel TV via cable, satellite, broadband and wireless video networks across the Asia-Pacific. CASBAA represents some 110 Asia-based corporations, which in turn serve more than three billion people. Members include ABC Asia Pacific, ABN AMRO, AETN, AsiaSat, Astro, Bloomberg Television, China Entertainment Television, CSG Systems, Discovery Networks Asia, EMC, HBO Asia, IBM, MTV Networks Asia Pacific, Nokia, now Broadband TV, PricewaterhouseCoopers, Sony Pictures Television International, STAR Group, Sun Microsystems, Turner International Asia Pacific, UBC, Walt Disney Television International, Zone Vision, AGB Nielsen, Anytime, Arianespace, Asian Food Channel, BBC World, Celestial Movies, CSM, ESPN Star Sports, Harmonic, Irdeto, MEASAT, National Geographic, Nagravision, Tom Group, PanAmSat, Paul Weiss, Scientific Atlanta, Synovate and Time Warner.