The average household in Jamaica subscribes to a cable provider while persons with higher levels of disposable income usually own Direct TV systems.  However, because of international copyright regulations, use of DSS systems outside of the United States is being scrutinised by international programme providers to address unauthorised use and distribution in the Caribbean and Latin America.

LICENCE REQUIREMENTS

The Spectrum Management Authority is an agency to which Sunday Business was directed by a representative of the Ministry of Commerce, Science & Technology to find out whether the use of these systems in Jamaica would represent any breach of copyright laws ­ locally or otherwise,

Spectrum said the following: "It is illegal in a sense.  If you are receiving the signal and not distributing programmes on a large scale, such as that of a cable service provider, then it is okay, but once you are, a licence is required."

However, an unnamed source said the use of Direct Satellite Systems outside of the continent of North America was illegal.  "There is currently no legislation to prevent persons from importing these systems into Jamaica so it is still quite prevalent here," said the source.

"It must be noted that this is in direct breach of United States intellectual property laws, but local authorities can do very little to prevent it unless the owner of the intellectual property, (for example, programme providers like HBO or CNN), files a case against the DSS user," the source said.

Carol Simpson, senior programmes manager for the Jamaica Intellectual Property Office, indicated that copyrighted material could only be used under the authorisation of the rights holder, that is, the person or persons who own the rights to protected material.  When these rights are violated by unauthorised users, in this case, the Direct TV system provider or owner in Jamaica, "The likelihood of a penalty exists," she said.  "As rights holders both locally and abroad become more aware of their legal rights, the use of their intellectual property without their authorisation will be addressed, so illegal users should take heed.

"Strictly speaking, it is illegal to use it in Jamaica," said Tanikie McClarthy, director of field operations at the Consumer Affairs Commission.  She noted that in order to subscribe to DSS legally one had to provide a U.S. address in order to obtain the service without interruption.

OBVIOUS INDICATOR

This, Ms. McCarthy noted, was an obvious indicator of the service's inapplicability to residents of Jamaica and the wider Caribbean.  Local providers also cannot guarantee that they will be able to supply all of the channels agreed upon purchase of the system, as access to all channels is sometimes impeded by inclement weather, low signal strength, or changes to the system made by the actual overseas-based DSS providers themselves.

Despite the potential problems that may arise, many persons consider Direct TV their first option for foreign programming.

When compared with subscriber cable television, the costs associated with installation and maintenance of a DSS system are extremely high.

DSS systems can cost over $35,000.  Included in this amount is the cost of installation, remote control, satellite dish mounted on a pole measuring approximately six feet, and a receiver, which is about the size of a cable box.  Monthly charges of approximately $1,000 may be incurred to reprogramme the system if the service is interrupted.  The number of channels per provider varies, but are no less than 150, some sources say.

On the other hand, cable television is probably the more cost-effective and reliable option.  The average cost of a cable subscription is $2,500 for installation, which represents a one-time charge, while monthly fees usually vary between $1,000 to $1,500 depending on your provider.  You may also have to purchase a cable box, complete with remote control to access those channels that are scrambled.  Cable boxes can be purchased or rented from providers and usually do not cost more than $1,300.  The majority of cable companies provide up to 70 channels, while others may provide over 100 channels for your viewing pleasure.

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