Becki Patterson, Freelance Writer

Hopeton Dunn - Photo by Becki Patterson

Q: Paint for us the current picture of the broadcasting sector.

A: The Jamaican broadcasting sector is diverse, vibrant and growing. The industry consists of 22 radio stations (including some that serve limited areas), three free-to-air television stations, and 45 zoned STV cable-operating companies. The sector also features an existing wired islandwide cable TV provider, which will shortly be joined by a second islandwide STV company using wireless technology.

Both the Public Broadcasting Corporation of Jamaica (PBCJ) and the Creative Television (CTV) service of the CPTC are among some 15 public and private-sector content providers that transmit local programming on cable.

What will you have accomplished by the end of your stint as chairman?

I am in the second year of a five-year tenure. I expect to achieve greater public and industry awareness of the required media content standards, to gain measurable improvements in the quality of electronic media output, to complete the first stage of digital switchover in the television sector, to begin implementation of key sector reforms, including financial sanctions, to oversee the operation of a fully legal regime of advertising on cable TV in support of better local content, and an increase in the resistance by media houses and the public to the cancer of payola.

What is the commission doing to help advance content production?

The commission is a regulator, not a producer of content. However, UNESCO-sponsored research conducted by the commission sometime ago demonstrated that local cable channels offer an excellent incubator for local production talent and programming.

It is recognised, however, that the local cable channels need the benefit of stable and reliable revenues to foster growth in both quantity and quality.

The recent announcement of amendments to the Broadcasting and Radio Re-diffusion Act to permit local stations to gain advertising revenue is a step in then right direction.

Early next year, the commission will host a major public and media conference about the strategic future of the industry.

The public is aware that we have been coordinating with media houses the crucial planning for digital switchover of technical equipment and training from analog to the more modern and globally acceptable digital interactive platforms for media production, transmission and household reception.

Will the commission be allowing insertion of local advertising into foreign-originating cable channels or permitting the substitution of foreign ads with local ones on overseas channels?

No, this is not in keeping with the regulations at present and with Government's stated policy. Information Minister Olivia Grange recently reiterated a long-standing policy that no such insertions are allowed or contemplated.

The pending amendment to the law is to allow for local advertising to legally take place on local cable television channels. This policy is intended to support the growth of local programming. This matter and several other issues are under consultation with the operating companies. But the present policy is that it is not allowed.

You are on record as affirming the commission's move towards cracking down on 'the deluge of deleterious and illegal content. What progress have you made?

It is true that some stations have become more compliant and have improved their staff training and technical systems to manage the problem. But the effect is not yet sufficiently evident in output, generally.

The Broadcasting Commission continues to take the necessary action to enforce compliance. However, as we have said before, stations and operating companies have to take a greater role in self-regulation. And the public needs to increase its vigilance and submission of formal complaints to the commission and to the companies.

The strategy of the commission, however, is not just based on legal enforcement, but also on public and industry education. Recently, a delegation of commissioners met with broadcasting and cable licensees. We emphasised the need for industry agreement to eliminate the obvious 'beeping' and 'bleeping' out of expletives from music used for airplay, and the need to reduce the incidence of other common breaches.

What is your assessment of the subscriber television (STV) or cable sector?

The cable sector continues to be vibrant and to demonstrate future viability. In the past two years, additional new cable licences have been granted and numerous cable licences have been renewed, many of them for periods of 10 years.

Following amendments to the Broadcasting Act, a new batch of local cable television programmes providers will soon be licensed for more formal operation in the sector. The challenge will be for all players to improve the quality of their output and expand their revenue streams, including going global.

What system does the commission have in place to discourage collusion/price- fixing by cable operators?

Matters to do with price-fixing are against the law. Such matters are addressed under the Fair Competition Act. In the past, the FTC has investigated claims of 'collusion/price-fixing' in the sector, some on referral from the Broadcasting Commission. To date, the FTC, to the best of my knowledge, has not identified any anti-competitive behaviour.

However, a few years ago, the Supreme Court found that a grouping of cable operators was engaging in restraint of trade for a joint decision not to transmit programming from Sportsmax.

How is the commission facilitating competition that benefits the consumer?

Information Minister Olivia Grange, in actively articulating government policy, has already indicated a decision, consistent with her predecessors in office, not to permit the growth of any monopoly in the broadcasting, STV or information sectors. The Broadcasting Commission has been active in the implementation of this policy. Since the BCJ's formal call for applications for the second islandwide STV licence, numerous prospective applicants have already acquired the necessary packages ahead of the August 7 closing timeline for applications. The successful applicant will have up to six months after grant of the licence to roll out the competing islandwide STV service.

Why were locally based or traditional zonal cable operators not initially given an islandwide licence?

As a matter of record, the first-ever islandwide wireless STV licence was granted to a local company, N5 Systems, which failed, after more than six years, to activate the licence and roll out a service.

One of the first duties I had as the incoming chairman in 2007 was to review and sign the commission's recommendation to revoke this licence.

Regarding the zonal cable companies, I am told that in November 2003, a number of these existing cable operators expressed preliminary interest in collaborating to provide a joint wired service islandwide.

The commission has always been supportive of actions by the zonal licensees to cooperate and thereby, enjoy the benefits of economies of scale. However, to date, those operators have not been able to reach agreement, so they could actually apply for a joint licence to operate an islandwide service.

In 2005, Flow applied under the law for a subscriber television licence to provide islandwide service to all 243 zones in Jamaica.

While I was not the commission chairman or a member at that time, I am told that no other wired cable provider had applied for a licence to operate a service islandwide.

The licence was granted to Flow in 2007, after extensive and rigorous evaluations by the commission. That's the background, which speaks for itself.

beckipatterson@hotmail.com

To report problems to the Broadcasting Commission:

Call 1-888-99-CABLE (22253) or email info@broadcom.org.