Viewers can continue enjoying analogue broadcasts by Channel 3 for free as usual in accordance with the National Council for Peace and Order's (NCPO) May 24 announcement despite fierce protests by digital TV operators.
Channel 3 consistently leads TV ratings in Thailand in both news and lakorn shows, but now is involved in a soap opera of its own thanks to a controversial ruling by the National Broadcasting and Telecommunications Commission (NBTC).
The announcement said six analogue TV channels can continue airing on terrestrial, satellite and cable systems as usual.
However, the National Broadcasting and Telecommunications Commission (NBTC) resolved Monday not to extend free status for analogue TV channels after the 100-day extension period ended Monday.
Col Natee Sukonrat, chairman of the NBTC's broadcasting committee, said the panel agreed not to extend the free status for any analogue TV channel. Analogue Channel 3 must comply with all related regulations.
However, he said, the NBTC will hold a special meeting to discuss the next step in the analogue Channel 3 case Tuesday.
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According to the rule, he said analogue Channel 3 can be broadcast via the UHF system, Channel 32, until its broadcasting concession with the Mcot Plc ends in 2020.
However, Mr Natee declined to clarify whether analogue Channel 3 on the traditional terrestrial system had to stop broadcasting from midnight Monday following the decision.
An NBTC source said despite the NBTC resolution, BEC World Plc, the operator of Channel 3, can raise the NCPO announcement issued on May 24 to continue broadcasting on its analogue channel.
The NBTC may bring the issue up with the Council of State for consideration if there is still discord between the two parties, the source said. In fact, analogue Channel 3's free status ended Monday based on the definition of the national telecom regulator, which will push forward the issue for final consideration by the NCPO.
The issue became controversial after the NBTC wanted to speed up the country's digital transition and encouraged six analogue free-to-air TV channels to migrate to digital broadcasting.
Its amended must-carry rule requires all six analogue channels — channels 3, 5, 7, 9, 11 and Thai PBS — to operate the simulcast broadcast, broadcasting content in both digital and analogue systems simultaneously, during the transition period.
Those operators who did not broadcast the same content through the two systems had to end their free analogue channels on May 25. Free analogue channels will have to change their status to pay TV.
But BEC World Plc insisted it did not shift analogue Channel 3 to the digital system as it still has a concession for analogue broadcasts until 2020. It still broadcasts different content between its analogue and digital systems.
After the May 22 coup, the NCPO ordered the shutdown of all TV channels on the grounds of national security, followed by the May 24 announcement.
With the NCPO announcement, the NBTC decided to give a 100-day extension of free-TV status for analogue TV channels including analogue Channel 3 until Monday to help publicise NCPO information.
Therefore, analogue Channel 3 will comply with the announcement, which allows free channels to be carried on every broadcasting platform. This means satellite and cable TV platform operators can still carry analogue Channel 3 on their set-top boxes, an industry source said.
On the other hand, digital TV operators called on the NBTC to strictly comply with its amended must-carry rule and force analogue Channel 3 to change its status to pay TV.
They said if analogue Channel 3 has a special privilege not to comply with the rule's implementation, it will create unfairness in the broadcasting system and affect the country's digital transition.
Supab Kleekrajai, president of the Digital TV Operators Assembly, said the NBTC should seek participation from analogue Channel 3 over digital migration, similar to other analogue channels like Channel 7 and Channel 9 which have already migrated to broadcasting on the digital system.
"In my opinion, the NCPO's announcement on May 24 can't overrule the NBTC's amended must-carry rule," he said.
"If the NBTC wants to pursue digitalisation, it must strictly implement its rules and regulations to show regulatory governance."
Currently, all 24 digital TV channels face huge costs and many have missed their revenue targets due to the delay of the digital TV subsidy coupon scheme and network expansion.
Digital TV operators may consider taking legal action against the NBTC if analogue Channel 3 is allowed to broadcast for free on every platform.
For satellite and pay-TV operators, they still insist on carrying analogue Channel 3 as usual based on the NCPO's announcements.