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Several cable operators face suspended licences
published: Wednesday | August 27, 2003

THE GOVERNMENT is giving several subscriber television (STV) operators until tomorrow, August 28, to prove they are not in breach of their copyright obligations.

Minister of Information, Burchell Whiteman, yesterday issued an advisory to cable customers revealing that, if the STV operators in question are unable to provide evidence that they were in compliance at the specific time of inspections, their licences will be suspended one minute after midnight, on Tuesday, September 9.

Indicating the number of operators in the mix, Minister Whiteman told The Gleaner yesterday: "On the present listing before me there are 12. But, there is a monitoring process, so others may come up."

In the advisory, Mr. Whiteman said customers will be "further advised as to the licensees which may be affected by this regulatory action."

REPEATEDLY ADVISED

In an earlier advisory, issued on May 12, Minister Whiteman stated that 21 STV operators had been found in breach of copyright law and, by extension, the Broadcasting and Radio Re-Diffusion Act. Pointing out that the operators had been repeatedly advised by the Broadcasting Commission of their breaches, he said a recommendation had been made that their licences be suspended. The operators were, at that time, given until May 30 to comply.

"Any licensee," the Minister had said, "found in breach of its copyright obligations as of June, will have its case determined according to the law, which prescribes measures and sanctions, including the suspension of licences."

"I am hoping that the need to suspend will either be nil or very little," Minister Whiteman told The Gleaner. However, the law allows for a penalty of $500,000 and/or a prison term for licensees who fail to adhere to the suspension, he added.

INCONVENIENCED

With regard to customers who could likely lose service in locations monopolised by operators in breach, Minister Whiteman said: "They have no option. That is why we are seeking their co-operation."

Stating that some persons will be inconvenienced, he added that he did not expect the suspension periods to be very long.

The Minister also addressed one of the long held concerns of STV operators who have complained that contracts allowing the broadcasting of some of the premium channels cannot be obtained in Jamaica.

"There are some (channels) which are not licensable. We look at it with a little more understanding where genuine attempts have been made to obtain the licences," he said.

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