Neither TVBS News nor cable system operators may unilaterally suspend broadcast of the news channel while they are seeking arbitration to resolve disputes over content authorization fees, the National Communications Commission (NCC) said yesterday.
Multiple system operators Dafeng Cable and Taiwan Broadband Communications (TBC) have applied to move TVBS News from Channel 55 to Channel 149 and Channel 158 respectively after failing to settle a content authorization fee dispute with the cable news channel dating back to 2020.
Global Digital Media, which is an affiliate of Homeplus Digital and serves as the agent of TVBS News, has asked the NCC to arbitrate the dispute based on Article 55 of the Cable Radio and Television Act (有線廣播電視法), the commission said.
“We have asked local governments officials to express opinions about the two cable system operators’ applications to move TVBS News out of the cable news block [channels 49 to 58],” NCC Vice Chairman and spokesman Wong Po-tsung (翁柏宗) said.
“After collecting their input, we will review the case based on the criteria stated in Article 29 of the Cable Radio and Television Act, which authorizes the commission to make decisions that would maintain market order, protect consumers, ensure that consumers can access diverse content and uphold public interest,” he said.
The Miaoli County Government and the Taichung City Government have provided opinions, but the commission has yet to hear from the governments of Taoyuan, Taichung, New Taipei City and Hsinchu County, Wong said.
NCC Commissioner Lin Lih-yun (林麗雲) presided over the first arbitration meeting on Tuesday, where representatives of Global Digital Media and Dafeng Cable stated their positions in the dispute, the commission said, adding that another arbitration meeting would be held later.
The two sides have yet to settle their differences on how the number of cable service subscribers should be calculated, as well as the final price of the contract, NCC specialist Huang Juei-di (黃睿迪) said about the first arbitration meeting.
None of the parties involved in the dispute may unilaterally move the channel to a different spot or suspend its broadcast while the commission is reviewing the proposed changes, the NCC said.
Dafeng and TBC could be fined up to NT$3 million (US$95,420) for contravening the act if they unilaterally suspend the broadcast of TVBS News, it said.
Meanwhile, the news channel could be fined up to NT$1 million for contravening the Satellite Broadcasting Act (衛星廣播電視法) if it suspends transmission of signals to cable operators, the commission said.
Dafeng and TBC on Monday denied contravening the cable TV act, saying they plan to move TVBS News to the second news block after channel 100, rather than take it off the air.
They said the change complies with the commission’s new policy of encouraging cable operators to number TV channels using three-digit numbers and dividing the channels into different blocks based on their content.
Wong said the commission has yet to decide when to implement the channel-numbering policy, due to unresolved issues.
“However, Article 37 of the Cable Radio and Television Act requires cable system operators to set their on and off-shelf standards, in which they should cite objective and convincing TV ratings as justifications that certain channels should be placed on the front of the channel lineup,” he said.
“When we examine applications from the two cable system operators, we will look into whether they had followed their own standards in changing channel lineups. We will also consult local government officials on the proposed changes and review the performance of channels affected by the changes,” Wong said.
The management of cable service systems would also be invited to the commission and explain the details in person.
TVBS yesterday denied rumors that it intended to raise the content authorization fee.
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