Colombia. After five months of discussion, the National Television Authority resolved the dispute between the Caracol and RCN channels that intended to charge subscription TV operators for their HD signal. According to the ANTV, access to Open Television by Closed Television is guaranteed.
Here are the points of the decision:
1. To order closed television operators to distribute the signal of open television channels, in the terms of article 11 of Law 680 of 2001 in accordance with the declaration of affordability of such a rule made by the H. Constitutional Court in judgment C-654 of 2003, in order to guarantee the constitutional rights to information and pluralism of information. Access to these channels will be free of charge to subscribers .
The fulfillment of the previous obligation will be carried out with the contents of the channel
main digital in the format that the operator of open television chooses, either in analog, standard (SD) or high definition (HD), attending to the technology that each user of closed television has.
2. In accordance with the provisions of Article 24 of Agreement 02 of 2012 and in accordance with the interpretation of the H. Constitutional Court contained in judgment C-654 of 2003, broadcasters, under the pretext of the cancellation of economic rights, may not deny their prior and express consent to closed television operators for transmission . of the signal that these broadcasters choose in order to comply with the obligation indicated in the previous paragraph.
3. Once the cessation of the broadcasts of open television broadcasting analogue terrestrial broadcast, emanating from Article Eight of Agreement 002 of 2012, this obligation shall be fulfilled with the transmission of the main digital signal of the broadcasters, in the quality format chosen by them for the provision of the service.
4. Order the concessionaires and licensees of the closed television service to implement a communication strategy to inform their subscribers and users about how they can access the free-to-air television service (DTT). This communication strategy must use all communication channels with the user, such as inserts in the invoice and content in the channels of their grills, among others.
5. Provide the necessary inter-institutional coordination with the competent entities in accordance with the provisions of Law 1507 of 2012, in order to review and update Agreement 10 of 2006 with its technical annex and Agreement 02 of 2012.
