Law restrains NBTC from giving ailing digital TV operators what they want

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/business/Law-restrains-NBTC-from-giving-ailing-digital-TV-o-30281202.html

THE BROADCASTING regulator is unable to respond positively to the industry’s main requests for remedial measures to assist troubled digital-TV players because of legal limitations, its secretary-general said yesterday.

Takorn Tantasith said a special meeting of the National Broadcasting and Telecommunications Commission could not agree to the main requests floated recently by a group of digital-TV operators through the NBTC panel assigned to solve problems in terrestrial digital-TV business.

As to the chief issue, Takorn said the NBTC was not able to help ailing operators exit from digital-TV business by allowing them to return their licences without having to pay the remaining instalments of the auction fee, due to limitations imposed by law.

“If a TV broadcaster really wants to quit |the business, the company must comply with the broadcasting rules by paying the remain-|ing instalments of upfront licences fees,” he added.

However, to help ease the situation for ailing TV broadcasters, he said that his office would present an idea to the junta, seeking an opportunity to amend some legal details, particularly in regard to ownership transfer under Section 43 of the 2010 Act on Organisation to Assign Radio Frequency and to Regulate Broadcasting and Telecommunications Services.

The aim would be to pave the way for new players to enter the still-new digital-TV market, making it easier for troubled broadcasters to exit the business.

Under Section 43 of the law, a radio frequency licence for sound broadcasting and television broadcasting services is the exclusive right of the licensee, and not transferable.

Takorn said the decision reached at the |regulator’s special meeting was also based |on the views from representatives of the |Council of State, the Finance Ministry and the Office of the Attorney General, which opposed the notion, arguing that full payment of the licence fee was a major responsibility of each operator as a key element of protecting the national benefit.

The NBTC also decided not to pursue other key issues raised by the ailing operators, in-|cluding delaying the third instalment of the upfront licence fee and extending the term of licences.

Under Section 42 of 2010 Act, all licence-holders must pay the licence fee yearly at an appropriate rate for the type of licence |in accordance with the Broadcasting Act.

However, financially struggling digital-TV stations might still find some relief because |the broadcasting regulator will start con-|sidering lowering the research and develop-ment fee from 2 per cent to less than 1 per |cent.

Takorn said the R&D fee reduction was a key issue in the draft amended rule on fee collection for the Broadcasting and Telecommunications Research and Development Fund for the Public Interest.

The draft rule will soon be put to a public hearing.

Under the draft, a broadcaster must pay |0.1-1 per cent of its gross revenue as an |annual fee, which will be collected for the |fund.

Fee collection will not be retroactive after the implementation of the amended rule.

Under the old rule, a broadcaster has to |pay up to 2 per cent of gross revenue for the R&D fund, but the NBTC has not yet started |calling on the 24 digital-TV broadcasters to pay up.

Leave a comment