Broadcasting Act 2009 and Must Carry obligations

rlogue

One aspect of the Broadcasting Act 2009 is Section 77 regarding the definition of what constitutes a "must carry" obligation for cable and satellite operators providing the national television services:

Of particular interest are subsections 4, dealing with what is to be re-transmitted, and subsections 11 and 12, dealing with the terms under which the broadcasters supply their services.

(4) An appropriate network provider shall ensure the re-transmission, by or through his or her appropriate network, of each free-to-air television service provided for the time being by RTÉ, TG4 and the free-to-air service provided under section 70 by the television service programme contractor which that body or contractor requests the appropriate network provider to so re-transmit.

Considering that RTE are going to withold RTE Two HD from Sky, UPC and any other provider and supply only an SD version only, is that not a breach of the act?

(11) Without prejudice to the requirements imposed under subsection (4), RTÉ, TG4 and the television service programme contractor shall ensure that their must-offer services are at all times offered for re-transmission (subject to agreement as to fair, reasonable and non-discriminatory terms of use) by means of any appropriate network that is available for reception in an intelligible form by members of the public in the whole of or in part of the State.


(12) RTÉ, TG4 and the television service programme contractor shall ensure that their must-offer services are at all times offered for broadcast or re-transmission (subject to agreement as to fair, reasonable and non-discriminatory terms of use) by means of every satellite television service.

These are interesting clauses.

My interpretation of these clauses is that RTE and the other broadcasters must offer their services openly to any cable, satellite or MMDS service who wishes to carry them on mutually reasonable terms.

It is my view that if RTE/TG4/TV3 were witholding any service from a cable, satellite or MMDS supplier that would in fact be a breach of the Broadcasting Acts.

The Cush

rlogue wrote: »

Considering that RTE are going to withold RTE Two HD from Sky, UPC and any other provider and supply only an SD version only, is that not a breach of the act?

They're not witholding them, this from RTÉ

Subject to the approval of the Minister, RTÉ proposes to launch these on a short technical and market testing basis on its new digital terrestrial television and satellite platform in Q2 2011 and to make them available on other platforms such as pay TV platforms including satellite, cable and IPTV thereafter in accordance with the “must carry” and “must offer” provisions of section 77 of the Broadcasting Act 2009.

RTÉ’s intention is to make these channels / services available on digital terrestrial television and, under the “must carry” and “must offer” provisions of section 77 of the Act, it is intended that these channels / services will be carried, where possible, on digital satellite, cable and IPTV.

RTÉ wishes to make these five TV channels/services available on as many digital television platforms as is feasible. Under the provisions of section 77 of the Act, these are expected to include cable, IPTV (as technology allows) and digital satellite, subject to the agreement of fair, reasonable and non-discriminatory terms.

Subject to the approval of the Minister, all five television channels/services will be available on Saorview and Saorsat from Q2 2011. In keeping with the Broadcasting Act 2009, the channels/services will be offered to all digital platforms following a short technical and market testing period.

rlogue

So how long is that period? A month? A week?

The Cush

rlogue wrote: »

So how long is that period? A month? A week?

Sometime post the May Saorview launch I'd guess if the Dept gives approval to the new services.

Sky and UPC may be the people to ask if they plan to carry the additional services. Will Sky absorb the additional transponder, epg charges etc?

rlogue

Well Sky would have to as would any other operator. I certainly don't think that the Irish broadcasters should bear any cost for retransmission of their services.

What worries me that it would seem that RTE in particular are delaying the provision of alternative satellite services such as RTE Two HD until Saorsat is up and running. That is surely illegal under the terms of the Acts?

The Cush

rlogue wrote: »

What worries me that it would seem that RTE in particular are delaying the provision of alternative satellite services such as RTE Two HD until Saorsat is up and running. That is surely illegal under the terms of the Acts?

The new services incl. RTÉ 2 HD haven't been approved yet, that we know of. Still in a pre-launch phase.

Likewise we don't know the Sky and UPC position on the carrage of these services. Is there a requirement on them to carry the additional services?

rlogue

On one hand there's a requirement for them to carry all services but on the other hand RTE in particular want hold back the HD service from non-Saorview/Saorsat providers until it's been running on Saorview or Saorsat for a while to encourage punters to switch to these services.

My argument is that withholding the HD version of RTE Two is unlawful under the terms of the acts.

watty

I don't believe there is in reality any obligation on Sky to do anything they don't want to do. They will carry RTE HD when they want to.

RTE2 HD isn't a different service either. Sky & UPC probably decides what quality to use for RTE1 and RTE2, they are paying for the carriage, not RTE.


Currently there has been ZERO HD content on RTE2HD. I'd be surprised if there is any before Full Launch. Saorsat availability is not relevant as it's probably online same time as full launch and mainly a backup feed for DTT sites and fill in for the % that can't get DTT. There is no way Saorsat is a Sky competitor.

I've no doubt that shortly after Full Public Saorview Launch all the extra content will be available if UPC & Sky want to carry them. There is not obligation for RTE to pay for it.

Subject to the approval of the Minister, all five television channels/services will be available on Saorview and Saorsat from Q2 2011. In keeping with the Broadcasting Act 2009, the channels/services will be offered to all digital platforms following a short technical and market testing period.

Sky /UPC are not going to want to carry something unless it exists and people watch it.

At the minute, on Sky, you are not really missing anything yet.
The only actual extra in reality is repeats of the regular TV news and the "DAB" semi automated really poor bitrate stations:
RTÉ Choice
RTÉ Gold
RTÉ Junior/RTÉ Chill
RTÉ Pulse/RTÉ 2xm

We are using Saorview because:
No Sky Sub
Although we have RTE, TV3 and TG4 in perfect analogue, no Widescreen
Easier to record on PC.

I've not found anything to watch on 3e since it joined

Mike 1972

Assuming the programming on RTE2 HD is identical to the SD version I dont see why RTE should be required to duplicate their (faux) HD programming on every platform (particularly pay platforms operated by competitors -In this respect perhaps the realisation is finally starting to dawn on RTE that they got a raw deal when they originally went into bed with $ky)

The HD service is available on DTT and as long as satellite viewers can access an SD version that really is sufficient certainly far better than the situation regarding their digital radio services which are only available across half the country on an obsolescent platform

icdg

Yes there's a must offer requirement there for RTÉ and TG4 that any free-to-air television service provided must be offered to network providers. (But see the definition of must offer for TV3 - it only applies to a service they are providing under the television service programme contract and not to any service that might be licenced seperately). I think RTÉ have forgotten this with some of their statements of late that the HD versions would be DTT-exclusive, at least at first.

It should be remembered that in urban areas, most people are NOT reliant on terrestrial, for their living room set at any rate, and view through Sky or UPC. Most UPC viewers do not even have a roof-top aerial and if they use terrestrial, it is via a "rabbit ears" on a portable set in the kitchen or bedroom. In my own experience this might not be sufficient enough in some cases to pick up a strong DTT signal.

For RTÉ and TG4, as public broadcasters, they are IMO under a duty to be platform neutral. Just because RTÉ are the operators of the terrestrial service doesn't mean they should favour that platform over others.

watty

I don't think RTE have forgotten. They are talking about a testing/market research phase and offering HD to the "other" platforms after that.

Until Sky is properly regulated here, pays VAT here are they though really a UK service (foriegn service) marketing here. Canal+, Cyfra, Tring, Al Jazzera, Ditigalb etc Pay TV services are in Ireland too.

At what point is a Satelliite service "must carry" for Irish Content? Only when it has a strangle hold on marketing here, even when exporting all the VAT?

It has been peoples choice to spend money on payTV and incidently probably reduce the Advert revenue available to Irish TV.

I do think RTE should be offering the new channels to Sky & UPC, and anyone else that wants them. But a side effect of the legislation is that Sky gets commercial advantage, yet doesn't have to pay a penny to RTE and TG4 for the content.

It's not unreasonable that RTE "test out" the new content before offering it. UPC and Sky won't want it anyway till it's clear what the content is.

Today, anyhow the only new content is RTE News Now. Which isn't real, as it's entirely repeats of the news. I doubt UPC or Sky want it today.
UPC or Sky can as easily upscale RTE2 as RTE can.

I'd only be concerned about lack of HD on Sky /UPC if they are not offered it when it actually has been running after full Public Launch AND has regular HD content.

Currently it's all supposition and "reading between the lines". Because as yet RTE hasn't prevented UPC or Sky having anything that they would want.

Mike 1972

icdg wrote: »

It should be remembered that in urban areas, most people are NOT reliant on terrestrial, for their living room set at any rate, and view through Sky or UPC. Most UPC viewers do not even have a roof-top aerial and if they use terrestrial, it is via a "rabbit ears" on a portable set in the kitchen or bedroom. In my own experience this might not be sufficient enough in some cases to pick up a strong DTT signal.

Surely if one wants the luxury of HD then its not unreasonable to expect them to put up an aerial for it ?

rlogue

Well yes, most people simply won't. The only ones who would are people like you and me Mike and since you're in Belfast out of range and I'm in London we won't get it!

rlogue

icdg wrote: »

For RTÉ and TG4, as public broadcasters, they are IMO under a duty to be platform neutral. Just because RTÉ are the operators of the terrestrial service doesn't mean they should favour that platform over others.

I guess what worries me is that RTE are appearing NOT to be platform neutral in this case and appear to be giving the Saorview and later the Saorsat platforms an advantage over other platforms.

watty

Saorsat and Saorview are not commercial Platforms. They are pure National Free TV.

All the content will be available to Commercial platforms. Since 80% of people have Commerical pay TV, and those have the most watched Irish Channels on every/basic package at no extra cost and RTE will get free carriage, what possible motive is there to withold content once it's tested?