[YOUR POSTAL ADDRESS] [TODAY’S DATE] Ms Julie Flynn, CEO Free TV Australia, First Floor, 44 Avenue Road, Mosman NSW 2088. contact@freetv.com.au Re: Australian Electronic Program Guide Dear Ms Flynn, I am writing to you as head of the peak body that represents the Australian broadcasters currently responsible for the delivery of free-to-air television to the Australian public. At present the revenue of those Broadcasters comes primarily from advertising. The introduction of digital television, and the devices that receive and record it, appears to have instilled a sense of fear throughout the commercial broadcasting industry. There is a belief that advertising revenue will be threatened by digital recording devices with certain feature sets. In order to combat this it would seem that your organisation and the networks it represents are attempting to stunt the uptake of digital TV in this country. One strategy that is being used against the public currently is to try to restrict the supply of television guide data for general use on digital devices with the intent of manipulating the PVR market to benefit the networks. Late last year it was publicly announced that the Australian TV networks would supply seven days worth of guide data free and unencumbered to any device that was capable of utilising that data. Shortly afterwards it came to light that the ‘free and unencumbered’ was in fact stretching the truth, and the intention was to place severe restrictions on the use of this guide data. Such restrictions include the following: * "Broadcasters are not authorising the use of the programs listing data in PVRs where 'ad-skip' functionality goes beyond a maximum fast forward speed of x60; broadcasters reserve their rights with respect to those suppliers," and * "In addition, the PVRs which display the EPG must employ adequate copy protection measures to prevent the redistribution of free to air content outside the home or on the internet... Broadcasters reserve their rights subject to the Commonwealth Copyright Act 1968, to take legal action at any time for copyright infringement where program listings are used in contravention of these terms." The above conditions preclude the use of electronic guide data on the vast majority of existing digital recording devices, including hardware-based Personal Video Recorders and computer-based PVR software. It is my understanding that the only device available in the short term that does adhere to these specifications is the 7 Network-backed “Tivo”. This could easily be construed as anti-competitive behaviour and an abuse of a monopoly position (in the supply of guide data) by a commercial entity that is ultimately reliant on the use of a publicly owned resource – the broadcast spectrum. To me it is both morally and ethically abhorrent that you would treat the very people that your members rely on with this level of disrespect. In those countries that have embraced digital broadcasting technology, the level of television viewing, and hence the level of advertising sampled by the population, has increased due to the ability to program and record multiple shows (even when broadcast simultaneously). The fear exhibited by Free TV and the networks is both unnecessary and unfounded. A list of what program is on when is not a saleable item or a weapon to wield against customers. It is in fact a tool that can be used to open up to customers new and exciting ways of consuming media. It has the potential to stimulate growth and interest in free-to-air TV in this country. In my opinion, the guide is the first part of the advertising circle. Without it no-one could properly decide what to watch, and therefore would miss out on both programming and advertising content that they might otherwise have seen – something the network relies upon so heavily. Yet you appear to be intent on alienating the vast majority of hardware and software PVR vendors and the consumers of your services simultaneously by making it impossible for them to access EPG data. The fact that I am writing this letter regarding access to the TV guide is ludicrous in itself; a bit like having to chase a car salesman to sell me a car! Supply and demand is the age old equation that decides whether a business survives. Failing to alter business models on the supply side to meet a change in demand could potentially be the undoing of free–to-air television. Which begs the question, why are you fighting so hard against the adoption of this technology and those that wish to use it? Would it not be better to provide the guide data to the public unencumbered and free as initially intended and concentrate on better utilising modern technology to increase revenue streams and develop new ones? The more services that are built up around digital TV, the more the public will embrace the technology. Assured access to guide data is essential for many of these services to be established and flourish. Ultimately, whether you enforce your intended restrictions or not, the vast majority of the public either already have, or will eventually have, access to devices that you do not control and that do not comply with your requirements. I seriously doubt that you will be willing, or able, to prosecute any individual home user for using a device that can skip beyond x60 speed – a ridiculous requirement anyway! Equally I doubt that you will be able to convince the manufacturers of DTV devices, the majority of them global suppliers, to curtail their devices’ abilities or customise their devices specifically for what amounts to a very small market in the global landscape. I urge your organisation and the networks it represents to reconsider its current stance with respect to digital television and electronic program guide delivery in Australia. Embrace and utilise the technology instead. Learn to profit from it rather than work against it. Please seriously consider changing your current stance regarding EPG delivery and ensure that: 1. The guide data is delivered FREE of charge. 2. The guide data is delivered in formats suitable for mainstream devices currently on the market (this includes those capable of receiving EIT data and those capable of downloading guide data via the Internet). 3. The guide data is accurate with respect to start and end times of broadcasts. 4. The guide data is updated in a timely fashion, at least every 24 hours, reflecting modifications to scheduled programming. 5. The guide data has at a minimum 7 full days of information at all times. 6. The guide data is delivered in a quality at least comparable to those available in printed media. With specific reference to case (not all capitals) and spelling. 7. That the naming of titles follows a specific convention from week to week and does not change frequently. 8. That the programming contained within the guide is appropriately categorised and adheres to the Commercial Television Industry Code of Practice. By doing so, both you and your members can concentrate on increasing service, customer base, and revenue, rather than attempting to fight a battle that cannot ultimately be won. There is a win/win opportunity here for all concerned. I look forward to a response at your earliest convenience. Yours sincerely, [YOUR NAME]