The emergence of digital TV in Thailand is part of a transition bringing traditional TV analogue broadcasting into accord with the digital transmission system now being generally used worldwide.
Whatever the criticism of the NBTC, there is general agreement the regulator has an impressive headquarters building.
Following the licence auction in December 2013, there are now 24 licensed commercial digital TV channels and 12 licensed public digital TV channels. Those with licences are responsible for creating the programmes and their content to be transmitted only. The work of building the physical broadcasting networks, or installing signal transmission antenna arrays for the broadcasts rests with the National Broadcasting and Telecommunication Commission (NBTC).
However, this is where many problems start.
An NBTC regulation stipulates that the NBTC must build a broadcasting network to cover 50% of the country within the first year after the digital licence issuance. The digital TV system has been in business for almost one year, but less than 50% of the network to broadcast digital TV has been set up by NBTC.
Realising there will be problems with digital TV reception in areas that have not yet been covered by the NBTC broadcast network, the NBTC has issued the "Must Carry Rule" to promote more acceptance of digital TV during the transitional period.
Under this rule, satellite TV and cable TV broadcasting operators, whose broadcasts cover over 65% of the country, must broadcast digital TV programmes like they do with regular programmes under the existing free TV analogue signal system.
The NBTC hopes that this measure will increase digital TV's popularity and its number of viewers. But a bitter impasse ensued when Channel 3 resisted this mandate to protect its business. It took the Central Administrative Court’s ruling for Channel 3 to comply.
In addition to delays in the distribution of cash coupons to help viewers switch to digital TV, more confusion has been caused by the broadcasting regulator’s orders on TV channel line-up criteria.
Under the new system of channel number allocation, Channels 1 to 36 must first start with new digital TV channel numbers. This order is an attempt to respond to viewers’ complaints of confusion since different set-top boxes from different companies have different TV channel numbering systems. But the new numbering system which gives priority to digital TV channels still confuses the viewers who are accustomed to the TV channel numbering system in the current analogue system.
At present, the set-top boxes of satellite TV and cable TV allow viewers to fix the channel line-up by themselves through the "favourite channels" function. Therefore, the NBTC’s compulsory channel numbering rule is not appropriate or necessary.
The compulsory channel line-up rule also prohibits changing the clarity of SD (Standard Definition) via the set-top boxes of the satellite TV and cable TV operators to the clarity of HD (High Definition). This rule bars viewers’ from the opportunity to access higher-quality image signals.
That’s not all. The new channel line-up order also bars satellite and cable TV operators from regrouping digital TV channels under their own systems. For example, they cannot regroup local news on digital TV channels such as TNN24 and Spring News with international news channels such as CNN, BBC and Al Jazeera although it serves the viewers better that way.
These cumbersome rules were devised to widen digital TV’s reach when the NBTC still has not completed building the necessary broadcast network as required. What it should do is finish its work quickly to increase the number of viewers and expand the digital TV system without causing more confusion to the public.
Rujira Bunnag is managing director of Marut Bunnag International Law Office.