Multichoice, Others Kick Against Pay-per-view At Senate Public Hearing

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According to him, several legal and legislative moves made to compel the firm to operate per view model did not work because it was not feasible.  Ugbe said, “Whilst it may appear to be a noble intent for this Committee to be concerned over the rising cost of subscription services; however, the Pay-Per- View (PPV) model being canvassed by this Committee will not work either to the benefit of the consumer or the industry.  “Pay television services compete with other services for subscribers’ disposable income, including existing broadcasting services (public, commercial free-to-air and other pay television services), and other entertainment services, such as YouTube, Facebook, cinemas, video rental outlets and DVD retailers. The demand for pay television services fluctuates and is very sensitive to the price a subscriber has to pay and affordability factors. For example, demand may be higher during December when subscribers have more discretionary income or are willing to spend more on entertainment and lower during other periods in the year, i.e we see subscribers switching off the service in January when children go back to school and school fees have to be paid. This places constant pressure on MultiChoice to always be price-sensitive.

” If the subscription fees are either too high or too low, the pay television service will fail.  If the subscription fees are too high, the subscribers will unsubscribe, or will not subscribe in the first place, and the business will be unable to gain the critical mass necessary for its survival.  Similarly, if the subscription fees are too low, the business will be unable to cover its expenses and will inevitably go insolvent. It would appear that this problem is because of some confusion in understanding the basic definitions and distinctions between some of the existing operational business models in telecommunications and pay-tv broadcasting. A pay per view PPV is Not the same, and is Very different from Pay As You Go (PAYG). The PPV model allows a subscriber to watch some special one-off events, usually of the high-ticket variety in sports and entertainment, by paying for such events in addition to having an active subscription. Pay-As-You-Go, accommodates a metered mode of service, where consumers are billed only for the service they consume and not for a fixed period.

“The desire by this Committee to adopt PPV is further challenged by the nonexistence of any technology that can detect and or determine the viewers are tuned in per time.  Once it is impossible to have this knowledge, billings based on “per view” become difficult if not almost impossible. In determining subscription fees, MultiChoice takes into account many factors, including inflation, increasing input costs, ever escalating costs of technical upgrades, the impact on subscribers and the exchange rate fluctuations. “The costs of satellite pay television are massive, ongoing and increase, rather than decrease, with time. Due to the current adverse economic situation, some of these factors which we discuss in detail below have over the years negatively impacted our cost of doing business and have put us under very challenging conditions, ” Ugbe said adding that  MultiChoice has made immense contributions to Nigeria’s GDP from FY2014/15 to FY 2020/21. The aggregate economic impact over the past five years is estimated to sum to around $2.5bn. By March 2021, it had rolled out the GOtv network across all six geo-political zones of Nigeria, providing coverage to close to 5 million Nigerians.

With a total of 81 transmission sites, the cumulative spend on transmitter sites alone amounts to N25 billion, 69% of which was spent locally.  MultiChoice has provided decoder subsidies to its customers worth N32 billion over the last 5 year period. It has further supported the government’s efforts in educating the public about digital migration and has run a digital migration themed marketing campaign across the country. It is therefore my humble submission to this distinguished committee that due to the nature of content acquisition and technological limitations that PAYG model is not practical for broadcasting and thus is not practiced and basically cannot be implemented anywhere in the world.”

Also in his presentation, former NBC DG, Emeka Mba who noted that a pay per view (PPV) is not the same, and is very different from pay as you go (PAYG), said that the issues of Pay-Per-View(PPV) and Pay-TV pricing, have been the subject of several investigations by the National Assembly, the regulatory agencies and courts in the past. Mba said that in 2015, a Federal High Court sitting in Lagos, dismissed a suit by two Lagos based legal practitioners, seeking an order for the reversal of MultiChoice price increase. He said,  “The applicants had prayed the court to order the National Broadcasting Commission (NBC) to restrain MultiChoice from implementing a scheduled price increase and also implement the pay-per-view plan where subscribers could  choose the programmes or channels they want and pay as they watch. The Court held that the Plaintiffs were not under any obligation to continue to subscribe to the 1st Defendant’s products if unsatisfied with MultiChoice  subscription pricing.The suit was thereafter struck out for disclosing no reasonable cause of action.”

Also in his presentation, the CEO of Billsbox Services, Dr Monday Michaels Ashibogwu said that  the assumptions around PPV being better are incorrect and are underpinned by a misunderstanding of the model. He said, “The simple definition of PPV is a system under which a viewer is required to pay a certain fee for viewing special programmes such as live events or sports. The programme is broadcast at the same time to everyone subscribing to PPV service. Examples of content available on PPV include big-ticket boxing, WWE, UFC. Pay-Per-View (PPV) means the viewer pays for only what is watched at a fixed broadcast time. The addition of PPV to a package grants viewers access to programmes on a pay per view basis. In fact, this means that viewers purchase individual programmes they desire to watch on a specific PPV channel. The payment is specifically for a programme, show or event. Most prominent of PPV offerings are sporting events such as WWE, boxing UFC and other live event shows.  That the programmes are broadcast live means that they run on at a fixed time and are not subject to the control of the television package owner, who is more or less a vendor. PPV is essentially a pay as you use feature that is added on, upon payment for specific content, to a pay television package. It is a stand-alone.

“While  it is commendable that the Senate cares about consumers, there must also be empathy and care for businesses. It will do the country no good for foreign investors to get the feeling that an arm of the Nigerian government is an adversary of investors. It is our hope that your investigation will throw light to the market realities, regulatory framework and international best practice.” On his part, the Coordinator, Nigerian Viewers Collective, Mr Anthony Iyare who stressed that Nigeria must desist from inflicting further pains on the economy via strangulating their operations, said, “We are aware that inflation in the country is now over 20 per cent, the highest in 17 years.

The content which they offer is bought in dollars and there has been a geometric drop in the value of the naira to the dollar. Government itself has increased the prices for almost all its services. The prices of services and consumer goods, including household ones, have risen astronomically and continue to do so in the last three years. Local and international economics dynamics are responsible. Pay TV service providers are not insulated from economic vagaries. Even the government, part of which the esteemed committee is, has raised the pump price of fuel. Diesel and aviation fuel prices have shot up beyond belief.

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