TV operators vs regulations saga

Inevitably, where news is scanty and hazy, the public tends to turn to creative speculation.

A section of consumers have already concluded that the regulator Tanzania Communication Regulatory Authority (TCRA) and its parent ministry are hell-bent on controlling what the consumers hear and watch on television, hence the implementation of what they see as restrictive laws. “Otherwise why is TBC still allowed to remain on the private operators channels when it, too, is free to air?”

Caught in the vortex

Sadly, consumers have been caught in the vortex. We are not strictly focusing on the on-going saga between television operators and the government.

This also presents us an opportunity to examine and throw some light on the challenges facing doing business in, and the Blue Print on, Enabling Business Improvement in the United Republic of Tanzania.

When all is said and done, the regulator (whatever agency of and the government) always has to have in mind that regulation is not about money-making conduit-because if it is, it’s like killing the goose with the golden egg.

Regulatory environment

The Blueprint this column has seen acknowledges that the regulatory environment is “characterized by high compliance costs in monetary terms and time in starting and operating businesses. There are multiple often over-lapping and cumbersome pre-approval costs and high enforcement costs.”

A cursory glance at the on-going TV content operator’s saga will tell you that here is a case where the law is kind of in conflict with what truly competitive regime ought to be.

If it is true that the government wants to offer Free to Air TV to all citizens and has licensed operators like Multi Choice Tanzania and Azam TV among others to do just that, then it regulations ought to enable and bind these operators to enable access to Free to Air Channels even when consumers have not paid the monthly rates .

For some inexplicable reasons the regulators saw it fit to split these Free to Air Channels and put them in certain platforms, which means consumers have to buy and install a multiple of decorders in order to access Free to Air TV. For all intents and purposes , this is one set of regulations that was governed by money other than good consumer benefit oriented competitive practice.

The Blueprint its recommendations continues to say, revenue motives should not be the basis of regulatory environment and where payments are concerned, it ought to be a single window.

Access to consumers

In the ongoing saga and as statistics ought to be available, Multi Choice Tanzania with the leading number of decoders in the market would naturally enable wide access to consumers a lot more than say TING yet another operator. While this may be arguable, it still makes no sense to “force” the consumer to buy a decoder and especially so, one in which the government is a shareholder ostensibly because the “laws and regulations states so.”

Credit to the government that the Blueprint does states that there is need to conduct Regulators Impact Assessment studies with the intention that in the future data based studies can assist the government in improving the regulatory regime in the interest of consumers. That is at it should be.

The Blue Print makes valuable recommendations over the issue of issuance of work permits for foreigners including when and where inspections can be carried out within the law and stem the tide of possible corruption from unscrupulous officers.

Multiplicity of laws

With its 22. 8 million cattle, Tanzania could be a major exporter of meat and beef products. It seems that regulatory regime is always a challenge as a multiplicity of laws prevail.

When all is said and done many of the recommendations envisaged by the Blue Print are very dear to the core hearts of those doing business. The challenge is in operationalising them.

Shall the government, its agencies and more importantly its enforcement personnel allow the amendments to become part of the improved business environment or, will they allow personal interest to take us back to business as usual?