Tension between Cable TVs and GNCC Aggravates

Cable television service providers accuse the Georgian National Communications Commission (GNCC) of pressure and in the near future they are planning to appeal to the court. According to the cable TV channel representatives the Commission incurs serious problems for the re-broadcast of Russian-language channels.

In April 2010, the cable TV service providers said, the Commission issued a decision on fining some cable TV service providers including Batumi-based Papi Ltd (Decision N167/18-01) and Tbilisi-based Didgori-2 Ltd. Papi Ltd was imposed a fine of GEL 10,000, in addition to the demand on immediate suspension of the indecent transit of the TV channels such as Rustavi 2, Imedi TV, "Кинохит", "Премьера", "СТС", "Футбол" across Georgia. Didgori-2 Ltd, having been restricted to re-broadcast "Кинохит", "Премьера", "СТС", "Футбол" was imposed a fine of GEL 10,000.

According to the cable TV service providers (the statement disseminated by cable TV service providers has been signed by over ten cable TV representatives but at this stage we would like to refrain from their identification) and the publication by Media.ge on February 18 and 22 the GNCC Broadcasting Regulations Department held a meeting with the cable TV service providers at the GNCC premises. The cable In case of absence of the agreements, the TV providers were then notified, the re-broadcasts of Russian channels ("Сов.Секретно", "Мир ТВ,"Музик бохТВ", "Музикбох РУ", "РуТВ" and etc.) would be followed by sanctions. In response the cable TV providers pointed out they had concluded agreements with the aforementioned Russian channels. In the course of the meeting the GNCC spokesperson clarified that the providers, taking into account the subscribers' interest, can temporarily conduct the re-broadcasting of four channels such as "Кинохит", "Премьера", "СТС", "Футбол".

According to the cable TV providers they would have been additionally notified of the suspension of the service of aforementioned four TV channels in the course of the following meeting so that all of the providers could simultaneously suspend their service, in line with the principles of equal conditions for competition.

"Unfortunately the aforementioned agreement was broken in a short while and due to the transit of the indicated TV channels some providers were imposed fines while Ayety Ltd, Global TV Ltd, Channel 7 Ltd, TV 8 Ltd, TV-ERA Ltd (Batumi) and others carry on the transit service of aforementioned TV channels without any agreements. The Commission has been notified of it through a relevant document, reads the statement by cable TV service providers.

None of the providers, they said, is against working within the legal framework but the Commission should guarantee equal competition. They demand the GNCC to declare the sanctions imposed on Papi Ltd, Digori -2 Ltd and others as void and launch administrative proceeding into discriminative cases.

Reporting to Media.ge one of the cable TV representatives (we wouldn't like to identify) said at the February 18 meeting Giorgi Ratishvili, Head of the GNCC Broadcasting Regulations Department verbally pledged on a right to temporarily re-broadcast aforementioned four Russian TV channels.

"But it was not done in regard to all the channels and only small cable TV providers have been fined. Speaking at the sitting held few days ago Ratishvili himself said he hadn't given a pledge of a kind. But the head of the GNCC Legal Department said in case he had pledged it that would be illegal. We consider it as a targeted action to have small cable TV providers bankrupted to gain power over the networks," said the Media.ge respondent.

Cable TV providers are going to defend their rights though judiciary. After taking Russian information channels off the air, they said, Russian musical channels were put in turn. For instance in the current months six Russian-language channels have been taken off the air.

"It's hard to disobey the "advice" by the Commission," the providers said.

GNCC flatly denied meddling into the cable TV activities. According to Khatia Kurashvili, head of GNCC PR Department all the channels, having no official permit for re-broadcasting, should be cut off the air.

"Anyone, including cable channels, should adhere to the Law on Author's and Adjacent Rights. But there are 95 cable channels in Georgia and of course it's impossible to simultaneously check they way they observe the law. As regards the allegations on Ratishvili's pledge there was no such thing," Khatia Kurashvili said.