ASIA-PACIFIC BROADCASTING

SINGAPORE – Heralding the end of pay-TV content exclusivity in Singapore, the Media Development Authority of Singapore (MDA) recently announced its preliminary position on the cross-carriage measure introduced by the regulator this year.

The position outlines MDA’s views on the cross-carriage measure, having completed two rounds of consultations, eliciting feedback from both industry stakeholders — SingTel and StarHub — and the general public. With the final consultation completed last month, MDA expects to issue its final decision on the cross-carriage measure at the end of this year. Active cross-carriage of content/channels is scheduled to take place in the first half of 2011.

The cross-carriage measure mandates that pay-TV retailers who have acquired exclusive rights to content on or after March 12 this year to make this content available for carriage via platforms of qualified pay-TV retailers.

Underlying its preliminary position, MDA defines such content as “Qualified Content”, while any regulated person who is licensed to provide any subscription TV service and who acquires or otherwise obtains such content as “Supplying Qualified Licensee” (SQL).

Any Subscription Nationwide Television Service Licensee, or “Receiving Qualified Licensee” (RQL), meeting the criterion of having 10,000 or more subscribers, an industry-recognised IPR protection system and anti-piracy measures, as well as an ability to meet Service Level Agreement (SLA) requirements, will be entitled to carry the qualified content via its own platform.

In addition, retailers are to acquire the rights to broadcast on all relevant delivery platforms should they acquire any qualified content. For example, if StarHub signs an exclusive agreement for the Singapore market, it has to acquire the rights for its cable platform, as well as SingTel’s IPTV platform.

While the measure continues to divide opinions, MDA remains firmly behind its implementation.

Michael Yap, deputy CEO and director of Development Policy at MDA, said: “The Preliminary Position on the cross-carriage measure takes a definitive step forward in enabling our growing media industry to remain vibrant. It will help content providers gain a wider distribution of their content and consumers to enjoy a wider choice of content without the inconveniences of having to switch pay-TV retailers each time exclusive content changes hands.”

MDA also maintains that the cross-carriage measure does not infringe upon the rights of content providers because there is no copyright exception, exemption or limitation, with content providers retaining full flexibility to exercise their exclusive rights.

Earlier, the Cable and Satellite Broadcasting Association of Asia (CASBAA), had decried the cross-carriage measure as depriving content owners and creators their freedom to negotiate contracts in a competitive market, further alleging that the new regulations violate Singapore’s international commitments to the likes of the World Trade Organisation (WTO) and World Intellectual Property Organisation (WIPO) copyright agreements.

Comments

Add New Search

3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."