broadcasting policy and regulation in a converged environment cordel green executive director...
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Broadcasting Policy and Regulation in a Converged
EnvironmentCordel Green Executive Director Broadcasting Commission Presentation to
CARIMAC Post-graduate Students
March 16, 2009
Broadcasting Policy and Regulation in a Converged
EnvironmentCordel Green
Executive Director Broadcasting Commission
Presentation to IEEE
March 17, 2009
Establishment of the Broadcasting Commission of Jamaica
The Broadcasting Commission as established under the Broadcasting and Radio Re-Diffusion Act of 1986.
The Broadcasting
Commission
Its role is to monitor and regulate broadcast radio, television and subscriber television.
Its subject areas include: Administering the Broadcasting and Radio Re-
Diffusion Act and the Television and Sound Broadcasting Regulations
The Broadcasting Commission
Evaluating licence applications and making recommendations to the Minister of Information on grant, renewal, terms and conditions of licences
Ensuring that the operations and the programming of licensees it regulates meet the standards set out in law
Providing media policy advice to the Minister of Information
Conducting or commissioning research on all areas relating to the electronic media in Jamaica.
The Broadcasting Commission
Fully independent in its decision making, but not fully autonomous.
Acts in an advisory capacity in relation to the grant, suspension or revocation of licences. The Minister of Information is the final authority on licensing matters for broadcast and subscriber television.
Spectrum Management Authority allocates spectrum and manages spectrum matters.
THE ROLE OF A REGULATORPromotes diverse range of servicesFlexible control of services.Efficient competitive industry.Maintains community standards.Objective adjudication.Facilitates innovation while protecting
consumer.Promotes public trust in the system.
Transition to Digital – The policy agenda
Big Ticket Items In Jamaica:
Regulatory Structure -Single Converged Regulator vs. -Single Telecommunications Regulator
(distribution/transmission/spectrum management) + Separate Content Regulator (across all platforms)
Digital Switch-Over
THE DIGITAL REVOLUTION-Observations
We are experiencing the third media revolution, in which the Internet and digital technologies have brought about mass availability of information on a scale that is unprecedented and far surpasses the age of print and electronic mass media of radio and television.
THE DIGITAL REVOLUTION-Observations Mass adoption of technologies that
offer new possibilities: interactivity, interoperability, selectivity of content ability to by-pass conventional networks, standard systems of delivery and many regulatory controls.
THE DIGITAL REVOLUTION-Observations New elitism, made possible by
technology. It matters not who you are, there are
boundless opportunities to be heard, read and seen, sometimes even without mediation.
Best example is the Internet in which we communicate “many to many” and no longer “one to one” or “one to many”.
THE DIGITAL REVOLUTION-Observations
Media consumers ability to make their own decisions about content and how to treat it points to a different regulatory environment.
THE Digital REVOLUTION-Observations
In this type of environment, regulation, of necessity, has to be less about “inoculation” and more about “empowerment”, the watchwords being “”critical awareness”, and “democratic participation”.
Key Media Policy Issues Changing role of media regulators Changing role of media regulators
Carriage vs content debate. Global experience suggests that the form of delivery will become inconsequential to a large extent. Content issues will remain as the dominant concern
Key Media Policy Issues Changing role of media regulators Changing role of media regulators
Co-regulation and self regulation
The Commission encourages self-regulation. However, self-regulation will
not always be in the public interest - unless “self” is given a liberal
interpretation to include civil society in the regulatory process.
Where the licensed industry fails to regulate itself, the Commission will not
resile from its obligation to intervene.
It is against this background that the Broadcasting
Commission introduced the Children’s Code for Programming on January
13, 2003.
STRUCTURE OF JAMAICAN INDUSTRY
MEDIA OWNERSHIP liberal ownership policy leading to horizontal and
vertical consolidation.
Cable- cross-ownership of TV stations, radio stations, cable channels and newspapers
e.g.- Columbus Communications owns Flow Cable, CVM - TV, CVM
Plus cable channel, Hot 102 radio; & pursuing aggressive acquisition strategy in cable sector
RJR Communications group owns 3 radio stations, TVJ cable channels (TVJ Sports, RE TV, JNN),
Gleaner newspaper is majority owner of Independent Radio Ltd. which owns Power 106 &Music 99.
STRUCTURE OF JAMAICAN INDUSTRY
MEDIA OWNERSHIP
Vertical arrangements for sharing of distribution facilities –Nationwide Radio transmitted via RJR AM
JAMAICA’S LIBERALISED BROADCASTING INDUSTRY
3 free-to-air stations - TVJ, CVM, LOVE TV (& a 4th licence issued)
22 radio stations & more to comeSpectrum licence given to a few Low Power
FM radio stations 47 cable television operators across 246 zonesNational (wired) cable television operator
(Flow) licensed August 072 additional National cable licences (wireless) Growing number of local cable channels and
content providers, HYPE, RETV, CPTC, Music+, JNN etc.
STRUCTURE OF JAMAICAN INDUSTRY
With such a number of operators in the Jamaican marketplace, it is not surprising that standards are inconsistent.
There seems to be a general lack of acceptance of the media’s responsibility to its audience.
Commercial imperatives and a culture of narrow competitiveness are diverting broadcasters’ attention from basic social obligations.
OTHER Key Media Policy Issues- Regulatory Structure - Convergence
Challenges Institutional-Shift towards a converged
licence regime Alternative infrastructure providersTherefore need for unified regulatory
frameworkBUT argument for distinctive
broadcasting/content regulator - broadcasting is a 'merit good‘ – has very important and specialised non-economic cultural criteria.
Key Media Policy Issues- Convergence Challenges
Competition issuesLevelling the playing field (across multiple
platforms, systems of delivery and reception) –although broadcasting obligations
(e.g psb requirements) are different?
Cross licensing Consolidation
Key Media Policy Issues- Convergence Challenges
Technical standards and Frequency spectrumTechnology neutralityDemand for Optimal spectrum allocation
Key Media Policy Issues- Convergence Challenges
Culture and ContentCross-media distribution -BUT differences in access, some
free over the air, others by selection and
subscription Erosion of boundaries (risk of homogeneity?) Distribution channels morphing into a single
Internet platformAudience autonomy (how to control
problematic content)
Key Media Policy Issues- DIGITAL SWITCH-OVER
‘What kind of public policy do we need here?’
-engagement with key stakeholders – everyone must first understand the subject.
Key Media Policy Issues- DIGITAL SWITCH-OVER
In Lieu of a Conclusion, a set of indicative questions are proposed for discussion and debate:
the wider context of convergence, including mobile communications
content and diversity benefits : new/more content ?, pluralism, diversity, local programming
Key Media Policy Issues- DIGITAL SWITCH-OVER
designing a switchover policy – and the ‘do nothing’ alternative
the different groups of technical standards (ATSC, DVB, ISDB etc)
Cost-Benefit Analysis, and considerations affecting the choice of technical standards.
high definition versus standard definition (nb. compression systems)
Key Media Policy Issues- DIGITAL SWITCH-OVER
‘must carry’ issuescompetition and fairness issueslicensing issuesfrequency planning and interference
issueslevel of interest in new uses for
spectrum
Key Media Policy Issues- DIGITAL SWITCH-OVER
– Role of Regulator
Advocate or Facilitator
-’committed advocate’, pushing for switchover to
achieve spectrum efficiency gains, or
- ‘wise facilitator’
Jamaica’s Approach
-‘wise facilitator’ because Digital switchover needs
collaboration between policy-makers, industry
stakeholders and consumers
Key Media Policy Issues- Transition to Digital – OTHER ISSUES
Digital Rights Management
-Is interoperability a necessity?
Spectrum Dividend
-More TV? (HD, Standard
Definition, Mobile TV, IPTV)
-WiFi, WiMAX and other technologies?
-More spectrum for mobile?
Key Media Policy Issues- Transition to Digital – OTHER ISSUES
Spectrum Dividend -Will consumers (who are not clamouring for switch-over) be
rewarded with just more services and content or improved and different service offerings, including PSB and community services?
-Any demands by the “Sovereign Citizen”? - My Information Service (MIS) over the air ala YouTube and
MySpace?
Key Media Policy IssuesHow will BCJ rulings impact the future How will BCJ rulings impact the future
of broadcast media operating in the of broadcast media operating in the digital space?digital space?
BCJ’S approach to content regulation will continue to take account of convergence (both infrastructure and content)
- Consumers want information faster, digitized, personalized, on demand, and accessible across all platforms and devices (broadcast media, fixed telephony, internet and mobile).
Key Media Policy IssuesHow will BCJ rulings impact the future of How will BCJ rulings impact the future of
broadcast media operating in the digital space?broadcast media operating in the digital space?
BCJ will consider relevant global practices e.g.Regulatory controls should be proportionate to the
pervasiveness and impact of the service involved. A “lighter touch” approach to new niche or
encrypted channels, aimed at self-selecting audience.
Self-regulation’ - Content users provided with ‘self-regulation
tools’ such as ratings mechanisms and content filters
THE END
THANK YOU
References
Future of DTT in Doubt, By Valerie Milano, 2006 Video Age International
Comparative Review of Content Regulation, A McKinsey Report for the Independent Television Commission 1 May 2002
All Media Monitoring Survey of 2006
