6.3.6 Other possibilities

Platform Access

In some countries governments apply “must-carry” rules to ensure that public broadcasting content is accessible to all viewers. These require nominated platforms (usually ‘pay’ or ‘conditional-access’) to carry specified channels e.g. in the Netherlands, must-carry rules specify that at least two local public broadcasting channels must be carried by cable operators (one channel at provincial level and one at municipal level).

Terrestrial services

In New Zealand, government has not imposed, and would be unlikely to contemplate the introduction of “must-carry” rules. In 2006, however, when government granted the three digital terrestrial licences to TVNZ, MediaWorks and Kordia, it reserved the right to trigger “must-carry” provisions included in the agreements with the licence holders. The “must-carry” conditions would require them – Kordia in the first instance – to provide unused capacity to carry one regional service in each region. The Kordia network has been engineered with this potential in mind.

It needs to be recognised that the current provisions relate only to terrestrial spectrum capacity and do not extend to the overall costs of providing transmitters, site services and programme reticulation. These costs are a commercial matter between the parties.

Satellite Platforms

SKY’s services are generally encrypted, but because it has the capacity to encrypt free-to-air satellite transmissions from other broadcasters a second uplink to the SKY platform would not then be required. Any unencrypted SKY service could be received by free-to-air satellite set-top boxes providing the EPG data was available.

SKY operates on a commercial basis without any particular controls or regulatory frameworks which facilitate intervention – for example SKY cannot be required to transmit certain services unencrypted. A broadcaster would need to negotiate directly with SKY to have access to its platform.

Freeview is a ‘not-for-profit’ and ‘open’ platform, meaning the terms of access to its platform are published and applied consistently to any broadcaster who wishes to join. The broadcaster would still need to lease or have access to transmission capacity, however.

The platforms are technically compatible although different EPG systems are used and, as noted, the SKY platform is generally encrypted. Provided there is agreement from the service provider and the transmission is not encrypted, it is possible to include EPG data in the relevant platforms to allow access from viewers on the other platform.

Question 31

Should the “must-carry” obligation on the current licences be re-negotiated to either expand the provision, or ensure it continues beyond DSO?

What features do you consider important and why?

Question 32

Are the current arrangements for access to either the Freeview or SKY satellite platforms satisfactory?

If not, what other provisions do you see as appropriate?

Question 33

Are there any other measures in relation to transmission or to broadcasting platforms (including EPG arrangements) that should be considered?