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Should Foxtel pay FTA networks a retransmission fee?

Free to Air networks hail a government report that says Pay TV should be paying them a fee for re-broadcasting their content.

2014-02-14_0055It’s been a thorny question for years: should Foxtel be paying Free to Air networks for the right to rebroadcast their content?

Yesterday the Australian Law Reform Commission issued its ‘Copyright and the Digital Economy’ report as part of its inquiry into copyright and the digital economy.

Free TV said it welcomed the report recognising that subscription television providers benefit commercially because they are able to provide free-to-air channels as part of their subscription packages without having to negotiate a commercial fee, or conditions, with broadcasters.

In a statement it said that a repeal of the current scheme should be considered as a matter of urgency so that broadcasts are protected in the same way as other copyright materials.

Andrew Maiden, CEO of the Australian Subscription Television and Radio Association told TV Tonight, “By giving them convenient access to larger audiences, the current arrangements already serve the commercial interests of free-to-air broadcasters.

“An additional payment for retransmission would lead to some households paying to receive what their neighbor gets free – it would see free-to-air networks double dipping into the pockets of the viewing public.

“Any call to impose a regulatory solution on what should be a commercial negotiation would fly in the face of the new government’s deregulatory agenda”.

18. Retransmission of Free-to-air Broadcasts
Recommendation 18–1 In developing media and communications policy, and in responding to media convergence, the Australian Government should consider whether the retransmission scheme for free-to-air broadcasts provided by pt VC of the Copyright Act and s 212(2) of the Broadcasting Services Act 1992 (Cth) should be repealed.
Note: This would effectively leave the extent to which retransmission occurs entirely to negotiation between the parties—broadcasters, retransmitters and underlying copyright holders.

Recommendation 18–2 If the retransmission scheme is retained, the scope and application of the internet exclusion in s 135ZZJA of the Copyright Act should be clarified.

Should Foxtel pay to retransmit Free to Air Networks?

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30 Responses

  1. FTA in this country is in a extremely lucky position compared to every other FTA broadcast around the world,of how generous the government has supported them.It would be a real good kick in the teeth if Foxtel had to pay to broadcast there channels

  2. Still missing the obvious, eh timmydownawell? The FTAs approached Foxtel to be included in their EPG and to be permitted to appear on Foxtel receivers. If the FTAs think that this is costing them money they are free to wihdraw at anytime.

  3. @tvjunkie01 the point is: should Foxtel be allowed to on-sell someone else’s product without paying for the right to do so?

    FTA is FTA, that is the whole point, anyone can get it either via their antenna or through satellite (VAST) for free. If Foxtel wants to package it as part of their *paid* product they should pay the provider for that, just as they do for all their other content.

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