Telecom operator Advanced Info Service (AIS) has urged the broadcasting regulator to clearly define the scope of its must-carry rule and whether it applies to mobile platforms.
The call came after TrueVisions insisted that the live broadcast of English Premier League (EPL) football matches through mobile platforms by unauthorised operators would violate its broadcast rights.
The must-carry rule, introduced by the National Broadcasting and Telecommunications Commission (NBTC), obliges local licensed TV operators to air the same content on all broadcasting systems, including terrestrial and satellite networks, and they are not allowed to block the services. The rule is meant to get rid of dead air.
But there is no clear indication as to whether the rule applies to online platforms, which are gathering steam among viewers.
Suthep Tamanuwat, head of business relationships and development at AIS, said no resolution has been reached yet on which categories of platforms would fall under the must-carry rule, particularly if owners of the broadcast rights refuse to allow live broadcasts via mobile apps operated by other companies.
"This has been a critical conflict between the must-carry rule and the intellectual property law," Mr Suthep said.
He said broadcasting apps on smartphones are causing concern as to whether they violate IP law.
Mr Suthep said AIS petitioned the NBTC earlier this month, asking it to give a clear definition of the rule since it could open the door for the violation of broadcast rights under the IP law.
The NBTC board, however, indicated only that the must-carry rule must be applied without contravening other related laws, he said.
"Personally, I think it is ambiguous because airing EPL on mobile apps could be deemed a violation of copyright," Mr Suthep said.
Not airing matches on mobile apps could be deemed a conflict with other regulations, such as consumer rights to access public content on telecom networks, he said.
TrueVisions is the only entity in Thailand that received full rights to broadcast live, rerun and present highlights of the 380 matches of the three forthcoming EPL seasons through all its pay TV channels and online platforms.
Thai EPL fans can view matches on TrueVisions pay TV channels, websites, the TrueID app on smartphones and TrueID Box.
TrueVisions also allows PPTV Channel 36 to broadcast 30 selected EPL matches on its terrestrial, satellite and cable systems, as well as IPTV box, though broadcasting via OTT systems and mobile apps is still prohibited.
Mr Suthep said AIS has refrained from airing EPL matches broadcast by PPTV Channel 36 via its AIS Play app to avoid conflicts of broadcast rights.
AIS does air the programming via AIS Playbox through its fixed broadband internet.
Takorn Tantasith, secretary-general of the NBTC, said he was aware that AIS refrained from airing the PPTV broadcast of EPL matches via the AIS Play app to avoid a dispute.
Mr Takorn allowed that there is a gap in implementing the must-carry rule, as the details of the deal for live broadcast rights are different from in the past.
In the future, private companies that bid for the live broadcast rights of big international sports tournaments may also have to include rights for live broadcast via other mobile platforms.
Mr Takorn said the main concern is that mobile platforms are broadly defined as subscription TV service operators, which are governed by the must-carry rule.