After Sept 1, BEC World Plc, the operator of Channel 3, could risk losing its share of the analogue channel as it needs to follow the must-carry rule after the Central Administrative Court dismissed its request for exemption from the rule implementation.
Ratthakorn: Channel 3 may lose viewers
The dispute took place as the National Broadcasting and Telecommunications Commission (NBTC) wants to apply the amendment of the must-carry rule, requiring six analogue TV channels to transform their broadcasting to digital signals under the simulcast period, which ended on May 1.
The rule amendment aims to promote digital TV. Platform operators can no longer carry analogue channels on their platforms.
But Channel 3 Analogue did not want to follow the amended must-carry rule and requested to be allowed to continue broadcasting on the analogue system. It said its concession allows it to broadcast analogue signals until 2020.
The regulator said analogue channels that do not wish to migrate to the digital system could air their channels via satellite and cable TV systems and change their status from free TV to pay TV channels. They are allowed to advertise for only six minutes per hour, half the time allocated to free TV channels.
Channel 3 is the only analogue channel that did not migrate to the digital format as it has three digital channels already.
The Bangkok and Entertainment Co on behalf of Channel 3 filed the case with the Central Administrative Court, saying the NBTC's order is unlawful.
Rangsikorn Upapong, the judge overseeing this case, said the NBTC is complying with the national digitalisation plan, one of Asean's conventions to adopt digital terrestrial TV between 2015-20. National digital migration has also been the mission for Thailand to move forward since Aug 23, 2011.
However, Channel 3's petition claiming that the NBTC order is unlawful did not meet the court criteria as the order, which is not yet effective, would not affect public benefits and private rights.
The NBTC has given Channel 3 Analogue until Sept 1 to follow the amended must-carry rule.
The court will seek more facts before reaching a conclusion on the case.
Ratthakorn Surbsuk, trading partner at media company GroupM, said if the court ruling favours the NBTC, Channel 3 Analogue may lose viewers as every platform operator must comply with the NBTC's amended must-carry rule.
About 70% of Thai households watch TV through satellite and cable systems. If the amended must-carry rule comes into effect, Channel 3 Analogue's viewing figures will go down and this will affect its advertising income and some advertisers will be disgruntled as they may not reach a wide viewer base.