Consumer Affairs Commission

FOR IMMEDIATE RELEASE
May 1, 2015
 

 

 

It is therefore important to note that, according to the Broadcasting and Radio Re-Diffusion Act, a breach is committed if the operator acts outside of the licence granted. In order to get a licence to offer subscriber television, the cable operator, among other requirements, would have to satisfy the regulator who in this instance, is the Broadcasting Commission, that it has secured the relevant permission or has entered into agreements or arrangements necessary for the operation of the business. This would include, but is not limited to, gaining the necessary intellectual property rights to broadcast channels.

 

With regards to the Broadcasting Commission’s statement on Copyright Compliance Directive to Subscriber Television Operators in Jamaica on Friday April 24, 2015, consumers are advised of the following:

 

Redress may be claimed if within the contract with cable providers, it is stated that they would be provided with channels of a specific description. However, this solution may be curtailed if the contract contains a variation clause such as;

 

 

Further, the CAC has written to the Broadcasting Commission seeking clarification on a number of issues arising from its statement. Among them, clarification on what will obtain after the May 31, 2015 deadline. More specifically, what system will be put in place to ensure that the content provided to consumers by cable operators is licensed/legal.

 

In the interim, the CAC is advising consumers to examine their individual service agreements for any variation clauses as it relates to the packages/channels your cable operator will provide. Further, the CAC is encouraging consumers with complaints to take in their contracts to its offices in Kingston, Mandeville and Montego Bay or email the Commission at This email address is being protected from spambots. You need JavaScript enabled to view it.. Consumers may also telephone 906-5425 for further information. Complaints will be reviewed on an individual basis.

The Consumer Protection Tribunal is an available recourse to consumers who have been aggrieved due to a breach of consumer protection laws.