The Tribune

By NEIL HARTNELL

Tribune Business Editor

CABLE Bahamas has warned that the proposed Code of Practice regulating TV content places it at "a competitive disadvantage" against satellite TV providers, while arguing that it is impossible for it to control what is shown on the overseas cable channels it purchases.

Responding to the Utilities Regulation and Competition Authority's (URCA) preliminary determination and draft order on the Code, the BISX-listed communications provider said the fact that the regulator was debating "whether the sale of satellite television services in the Bahamas constitutes a 'carriage service' or a 'content service'" indicated it should pause the process.

"An individual Licensee should not be at a disadvantage vis-a-vis a class licensee or at a competitive disadvantage to non-licensees operating in the Bahamas," Cable Bahamas urged.

"In Cable Bahamas' view it seems illogical for URCA to be in a quandary whether the code should apply to satellite services being provided in the Bahamas. The legislation and/or principle should be technology neutral."

And the BISX-listed communications provider added: "It seem incongruous that URCA is deliberating whether entities selling satellite television services in the Bahamas constitutes a 'carriage service' or a 'content service' as defined in section 2 of the Act, in light of the its own statement that the Code will apply to content delivered by Licensees via the Internet if the Licensee targets it at persons, and promotes or advertises that content, within the Bahamas.

"URCA's statutory objective is to further the electronic communications interest of consumers in the (entire) Bahamas. It is therefore highly discriminatory for providers of the same content to be subject to different regulatory policies. This will be an unfair regulatory practice which, in the day-to-day lives of consumers, will see different content being provided by different providers for the supposedly same programming.

"The Codes are intended to provide definitive benefits to the broadcasting industry: A clear set of regulations that are applicable to all relevant broadcasters in the Bahamas helps to ensure a level playing field. This can lead to the promotion of competition and innovation of services."

Cable Bahamas added that the level of regulation being proposed by URCA seemed "overly censorious", and had not been imposed on cable programmers such as itself anywhere else in the world.

It pointed out that US programmers/content providers, and the cable industry in general, all subscribed to a ratings guidelines (Parental Guidelines) system that informed parents as to the suitability and content of upcoming broadcasts.

Cable Bahamas told URCA: "The majority of Cable Bahamas' content services programming originate in the US. The same ratings ascribed to programming in the US is provided by Cable Bahamas, and is accessible to every Cable Bahamas' subscriber 24 hours per day, 365 days per year, on Cable Bahamas' channel 5 channel Guide.

"Though Cable Bahamas has no editorial responsibility over its content services, it is confident that the use of the ratings system in conjunction with filtering technology (as is the case in the US) provides consumers with information to help them make more informed choices about the television programmes they watch."

The BISX-listed communications provider added that the Code demanded that it exercise "editorial responsibility", but was unable to "realistically comply" - other than for Cable 12 - because it was unable to exercise control over the US channel content providers it carried.

"There are two aspects to the business that Cable Bahamas operates under its licence issued by URCA," Cable Bahamas said.

"One aspect of the business is the channel known as Cable 12 or the Community Channel. Cable Bahamas controls that channel in that it decides what will appear on the channel; it has editorial responsibility as defined by the Communications Act.

"The other aspect of Cable Bahamas is the retransmission of programmes purchased from overseas as well as the transmission of local broadcasters. Cable Bahamas does not have the power to influence or interrupt the line-up of the programmes for retransmission.

"The absence of editorial responsibility for these channels means that compliance with certain obligations of the Code is not within our power. It is therefore our submission that these provisions should not apply to Licensees providing carriage services, content services and on-demand audiovisual media services in the Bahamas."