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BBC and CableVision remain in stalemate, but WOW won't charge

Rival TV operator WOW said yesterday it would not charge to screen channels 7 and 9 as a row over the airing of the two stations rumbled on.

On Sunday CableVision announced that because the Bermuda Broadcasting Company (BBC) wanted to charge for the two channels it would cease to air them.

But that drew a swift response from BBC CEO Bill Craig who said that under the Telecommunications Act 1986, a cable carrier cannot drop or change a channel unless approved by the Telecommunications Commission and it must maintain existing services unless permitted by the Commission.

Mr. Craig said the BBC had reached an agreement with WOW to charge to air channels 7 and 9.

And in a statement yesterday Stanley Wright, president and CEO of WOW, said the wireless cable company will not be charging customers for the local programming.

He added: "It just makes sense to keep ZFB and ZBM in our line-up. Customers have an expectation that we will carry all three Bermuda channels and that is what we intend to do."

The Department of Telecommunications released a statement late on Monday night saying it had received complaints as a result of Bermuda CableVision's decision.

It said that in accordance with the Telecommunications Act, the complaints had been forwarded to the Telecommunications Commission for appropriate action.

The statement added: "Due to the heightened public interest in this matter, the Telecommunications Commission is meeting today (Tuesday) to review these complaints."

A request was yesterday put in to the department to find out what was discussed in the hearing, but at press time, that information was unavailable.

The problems started when CableVision released a statement on Sunday saying it would be dropping channels 7 and 9 from its cable packages effective midnight, December 11, because of a fee imposed by the BBC.

CableVision general manager, Terry Roberson said in the statement: "Bermuda CableVision has for many years been carrying channels 7 and 9 under the must-carry rule, which obliged us to carry local broadcast channels for free.

"Under the new legislation, the BBC can either require CableVision to carry channels 7 and 9 for free on the old basis or charge CableVision a fee to carry local channels. BBC has now informed us that they will require fees to carry channels 7 and 9."

He said they would not carry the channels for a fee because non-cable viewers could receive them free with an antenna.

BBC CEO Mr. Craig said that, according to the Telecommunications Act 1986, a cable carrier cannot drop or change a channel unless approved by the Commission and it must maintain existing services unless permitted by the Commission.

He added in order for CableVision to get permission to drop the channels, it would have to go to the Telecommunications Commission and go through a public hearing process. He said the BBC would be at that hearing whenever a date was set.

On CableVision's website, www.cablevision.bm, there is a question and answer section where the question is asked why the company will not pay a fee.

The answer on the website says: "We have never charged for carrying these channels in the past, so to do so now would mean increased fees to our subscribers, and we do not think that is fair during these soon to be hard economic times. Cable customers should not have to pay for a service that all non-cable viewers can continue to receive free of charge using just an off-air antenna."

Asked if customers were already paying for the channels in the economy $30 tier, the website said the fees from the economy tier go to the maintenance of the plant.