5. Cable Retransmission of Free-to-Air Broadcasts
5.1 Telecom supports the Ministry's proposal to repeal section 88 of the Act, effectively removing the existing right of cable service providers to retransmit free-to-air broadcasts, at least for the time being until an international position on this issue has been settled through WIPO. It is important that New Zealand not develop an anomalous position which is out of step with other developed countries, which would otherwise impact our ability both to compete internationally and also to be treated equally to other national jurisdictions by content and technology distributors.
5.2 Telecom agrees that the rationale for such an exemption no longer applies, given that there is no evidence to suggest that retaining such a provision is required to encourage investment in the cable industry. There is similarly no apparent case for extending the right to other wired and wireless technologies, which are exhibiting competition without the need for this additional incentive.
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