The National Communications Commission (NCC) yesterday told a meeting of the legislature’s Transportation Committee that it opposed draft amendments on block programming, saying that passing the changes would give cable system operators unlimited power to arrange channel lineups.
The committee reviewed amendments to Articles 29, 34 and 38 of the Cable Radio and Television Act (有線電視廣播法), which were proposed by Democratic Progressive Party Legislator Chen Ou-po (陳歐珀), Chinese Nationalist Party (KMT) Legislator Chen Hsueh-shen (陳雪生) and more than a dozen other legislators.
The amendment to Article 29 would require cable system operators to have five to 10 blocks of channels and to assign similar programs to the same block, although this did not apply to home shopping channels.
The amendment would require the commission to refrain from rejecting applications from operators to change lineups, unless the new channel arrangements would contravene the block programming principle.
Amendments to Articles 34 and 38 would exempt home shopping channels from having to apply for satellite channel licenses if the channels were created by cable operators themselves.
Legislators who proposed the amendment to Article 29 said in a written statement that the basic channels on cable systems generally refer to those that are placed before Channel 80.
While cable operators have already divided basic channels into different channel blocks, each block has limited spots available, they said.
“As a result, cable operators can only place new TV channels after Channel 100 or even after Channel 200, even though the new channels might have similar content to those before Channel 80,” they said.
“Cable systems across the nation have maintained this practice for years, because any change in the basic lineup requires NCC approval. This has become the biggest barrier to the cable TV industry developing further,” they added.
Chen Ou-po said that he proposed the amendments because the commission had not acted.
NCC Chairman Chen Yaw-shyang (陳耀祥) said that the regulations do not need to be amended because the commission has set up rules that cover getting permission to change channel planning.
Operators have the rules, which give them greater flexibility in arranging channels, he added.
“The cable TV market is controlled by a few agents who represent most of the cable channels. By negotiating with each other, they can decide whether a channel can be on a system or should be removed from it. They can also decide whether a channel should be moved to the front of the lineup or to the back,” he said.
To protect consumers, the rules have authorized the NCC to approve or reject any basic channel change after considering whether the change facilitates competition, protects consumers, promotes content diversity or upholds the public’s interests, he said.
“If the law does not authorize the NCC to reject any change, cable system operators would have total control over channel lineups, giving channel operators a disadvantage in negotiations with them,” he said.
“The content that Taiwanese would see on TV would all be decided by cable system operators, and the government could do nothing about it,” he added.
Democratic Progressive Party Legislator Chen Ming-wen (陳明文), who chaired the legislative meeting, ruled that the commission should propose better solutions to block programming issues before June next year and then resume deliberations over the amendment to Article 29.
The committee gave preliminary passage to Articles 34 and 38, but they still need to be voted on in a plenary session.
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