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NTC in a tight legal bind over
pay-TV piracy--official
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THE NATIONAL
Telecommunications Commission (NTC) has said that it is willing
to help foreign pay-television operators counter reported
rampant signal piracy in the Philippines but says it is hampered
by legal issues.
A report by Cable and Satellite Broadcasting Association of Asia
(CASBAA), a group representing some 110 Asia-based corporations,
said that the NTC has not done anything to stop signal piracy in
the country.
Sought for comment, Jorge Sarmiento, deputy commissioner of NTC,
said: "There is a pending case before the Court of Appeals filed
by a cable TV operator that says NTC has no jurisdiction to hear
cable TV piracy cases."
In a text message to INQ7.net, Sarmiento said that the NTC is
drafting an agreement with the Intellectual Property Office to
address the "issue of jurisdiction."
The CASBAA report stated that "the most problematic aspect of
the situation in the Philippines is the tacit toleration of
rampant intellectual property piracy."
It added that the NTC lacked independence from powerful local
interest groups.
The report said unchecked intellectual property violations
through signal piracy has stunted the growth of Philippine pay
television and cost the industry 70 million US dollars in 2005.
Sarmiento said that the NTC has a pending request with CASBAA,
wherein the government agency has asked members of the group to
submit to its jurisdiction, even on a "partial" basis.
"If CASBAA has problems with local cable TV operators, they ask
for our help. But if the local operators have problems with
CASBAA members, CASBAA will say NTC has no jurisdiction over
their members who are foreign content providers. We're now
awaiting their position on this," Sarmiento said.
The CASBAA report said the NTC lacked a clear mandate and
resources to enforce the laws on intellectual property.
"The development of the subscription television industry has
been stunted by its inability to secure protection of its
programming content," it added.
The report, "'Regulating for Growth: The Philippines," said
stronger intellectual property protection laws could stimulate
more investment in pay TV in the Philippines.
Data from CASBAA indicated that the Asia Pacific pay-TV industry
lost about 1.06 billion US dollars last year due to piracy up
from 952 million in 2004 with the local Philippine industry
losing 70 million dollars.
Over the last 15 years the Asia-Pacific pay-TV market has grown
into an industry, which in 2004 generated revenues of some 15
billion dollars, the report said . "The Philippines is lagging
many other Asian markets in terms of investment and
infrastructure and technology," the report said.
"While other countries are rapidly seeing the advantages of
digital delivery systems and moving towards high-definition
television, the Philippines pay-TV infrastructure is in many
communities outdated and stagnating."
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By
Erwin Lemuel Oliva
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