There are four Channel 3's at present. The "Channel 3 Original" on the analogue platform was until Monday free TV. The other three are on the digital platform: Channel 3 Family, Channel 3 SD (standard-definition) and Channel 3 HD (high definition).
All four are operated by the BEC World group but under two different subsidiaries. Channel 3 Original is operated by Bangkok Entertainment and the three digital channels are run by BEC Multimedia.
In terms of licences, Channel 3 Original airs under the concession of state-owned MCOT Plc, which will expire in 2020.
Analogue and digital TV channels are entirely different businesses in terms of contracts, licences, broadcasting technology and content allowed to be aired.
But in practice, when all six analogue TV operators won digital licences in the 2013 auction, a "one company, two systems" problem emerged.
Since content for a TV channel costs a lot to produce, the National Broadcasting and Telecommunications Commission (NBTC) allows "simulcasting", the simultaneous broadcasting of the same content on both analogue and digital channels.
However, the NBTC requires operators to adjust programme slots and advertising to comply with digital-TV rules. They are also required to pay a fee to the NBTC for doing this.
Channels 5, 11 and ThaiPBS simulcast under the digital TV's public service category while channels 7 and 9 simulcast under the business category.
Channel 3 is the only analogue channel which has not simulcast. It cited reasons such as different advertising fees and channel numbers. Besides, BEC World could not simulcast because its analogue and digital channels are run by different subsidiaries.
Thailand also has satellite TV and cable TV systems which prove very popular and further complicate the matters.
To accommodate viewers, satellite and cable operators carried the signals of the six analogue TVs so viewers could view free TVs on their systems without having to use antennae. This was a standard practice before the NBTC was formed.
In 2012, the NBTC issued an announcement on "must carry", requiring that all free TV channels be available on all platforms and in real time.
The goal at that time was to force all satellite and cable operators to carry both the analogue and digital signals of free TV so the viewership of digital TV could expand even in areas where there were not enough digital TV transmission towers.
The NBTC included the original six analogue channels as free TVs in a provisional clause in the announcement.
This means all satellite and cable TVs can broadcast the six channels legitimately.
A year later, the auction for 24 business digital-TV channels was successfully held.
To speed up the digital TV transition, the NBTC in February 2014 resolved to revoke the free-TV status of the six analogue channels 30 days after digital TV began to air, or by late May.
This means it is no longer compulsory for satellite and cable TVs to carry the six channels' signals.
Other analogue TVs do not have problems because they simulcast. But Channel 3 Original can no longer access the large satellite and cable TV audience. It can continue to air in the analogue system until the concession ends in 2020 but viewers will have to use antennae.
If Channel 3 Original wants to go digital (which will automatically put it under the must-carry rule), it needs to apply for a licence with the NBTC like Channel 7 did.
A few days before the free TV status revocation took effect, a coup was staged on May 22. Two days later, the junta issued a No. 27 announcement, requiring all analogue and digital TV channels to air normally on the terrestrial, satellite and cable systems.
The junta's goal was to make sure the military's announcements, orders and programmes were aired on all platforms.
It also turned out to be the saviour of Channel 3 Original because the NBTC agreed to extend the deadline by 100 days, due on Sept 1.
After successfully avoiding the blow for a short term, BEC World hopes to make the solution permanent. It asked the Central Administrative Court to revoke the NBTC's resolution and sought an injunction to allow it to air normally on satellite/cable platforms until the court ruled.
The court accepted the case but did not issue the injunction, leaving the NBTC's resolution in effect.
Channel 3 also sent a letter to the NCPO asking about the guideline to comply with the NBTC resolution.
The junta sent a letter to the NBTC asking about the legal complications of the matter.
The NBTC met on Sept 1 and voted to not extend the 100-day deadline.
Therefore, starting Sept 2, satellite/cable operators were not required to carry Channel 3 Original. Even if they want to, they could not do so legally because Channel 3 Original does not have a satellite/cable TV licence.
Channel 3 Original now has two options: apply with the NBTC to simulcast or apply for a satellite/cable licence so it can air as another channel on the two platforms.
But if Channel 3 Original and the satellite/cable TV operators is confident of the channel's popularity, they can try carrying the signal on Sept 2, which could put them at risk of being fined or sued by the NBTC later.
The NBTC has been persuading Channel 3 Original to simulcast, to no avail.
BEC World claimed the operators of its analogue and digital channels are different companies, which could put it at risk of violating the NBTC's rules.
Outsiders, however, do not see it as much of a problem since BEC World could have one subsidiary buy content from the other at very low prices.
Transforming itself into a pay TV in order to be carried by satellite/cable TV operators is perhaps not an acceptable solution for Channel 3 Original either because its advertisement airtime would be cut to six minutes per hour from 12 minutes, the same rate as other pay-TV operators.
The only acceptable way out might be to simulcast by using the digital TV licence like Channel 7 does but then Channel 3 Original will have to pay a 4% fee to the NBTC like others.
Meanwhile, other operators view it extremely unfair if BEC World is allowed to have four channels airing different content, thus earning more advertisment revenue.
The company argued it had paid for and still had six years left on its analogue channel concession with MCOT so it intended to make the best use of it.
The NBTC is also caught between a rock and a hard place.
If it tells all satellite/cable operators to remove Channel 3 Original from their set-top boxes, people will not be pleased. After all, Channel 3 Original's prime-time soap opera is the highest rated in the industry.
Allowing Channel 3 Original on the boxes will be a discriminatory move because the channel does not have a pay-TV licence like others.
Extending its life on the boxes is not a good move either because it will drastically affect the digital-TV transition and coupon distribution. People will wonder why they need to make the switch when they cannot watch Channel 3 Original.
Channel 7 may also feel cheated because it earlier cooperated with the NBTC by simulcasting even though its concession also had several years left like Channel 3 Original's.
As of Sept 2, it remains unclear how the issue will be addressed. What is certain is that there is no win-win solution to this problem. Something's gotta give if the industry is to move forward.
Source for background: Why black screen? Problems of Channel 3 and digital platform explained