On December 1, this year, the GNCC members and cable operators organized a meeting. The GNCC chairman Kakhi Bekauri, commission members Giorgi Pruidze and Vakhtang Abashidze participated in the meeting.
The dispute details between the broadcasters and transit companies were discussed during the meeting. We would like to remind that the TV-Companies Imedi, Rustavi 2, Maestro, GDS, Marao and Comedy Channel request payment from the authorized persons for the re-transit of their signals. Their offer includes the fee for each subscriber for all six channels together.
The GNCC and operators had different opinions about key issues. However, the operators received information about several significant details. The GNCC chairperson confirmed that the mentioned TV-Companies do not have right to re-transit some TV-programs to third persons (operators). The operators, who provide the subscribers with this service, will be banned to offer this service in the content, which are not enclosed by respective licenses. The operators were also promised that the GNCC will hand them the documentation, which will estimate the transmission ownership issue of television content of broadcasters.
During the meeting, the GNCC members were informed about the legal framework, which allows the transit companies not to halt transit of some broadcasters. Namely, in accordance to the Law of Georgia on Broadcasting (Art 401 Par. 8), a broadcaster shall conduct negotiations in good faith in order to enter into a contract for paid transit. The abovementioned TV-Companies breached several requirements of the law, which regulate the good faith in the process of negotiations. Article 401 Paragraph 6 of the same law: "A person authorised to transit broadcasting may carry out transit of broadcasting of the broadcaster referred to in paragraph 1 of this article for free and without the consent of the relevant broadcaster if the broadcaster violates the requirement to act in good faith as specified in paragraph 8 of this article ..." consequently, the person authorized to transit have right to continue enjoying this right after December 1, 2017 too and transit the programs of national broadcasters Rustavi 2, Imedi, Maestro without their consent.
In the end of the meeting, GNCC chairperson Kakhi Bekauri noted that the Commission may commence a work on possible amendments in the law and abolish so-called Must Carry principle. With the Must-Carry principle the cable operators are obliged to transit the signal of national (news providing) broadcasters for free. The law guarantees the broadcaster that its signal will be disseminated both for free and for concrete tariff. No compensations are estimated for the operators. The cable operators believe that unless their rights are equally protected by the law, their obligation to serve the broadcasters for free must be cancelled. Consequently, the GNCC chairperson thinks they cannot estimate any obligations for the broadcasters but believes it is possible to annul Must Carry and does not exclude the possibility that they will start working in this direction.
Georgian Cable Televisions Union
