DOMINICANS STEP UP ENFORCEMENT OF BROADCAST PIRACY

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 004744

SIPDIS

DEPT FOR WHA/CAR, WHA/EPSC, EB/TPP/IPE; USDOC FOR USPTO
(BOLAND); DEPT PASS USTR FOR R. VARGO, A MALITO, K HAUDA

E.O. 12958: N/A
TAGS: DR ETRD KIPR PGOV IPR
SUBJECT: DOMINICANS STEP UP ENFORCEMENT OF BROADCAST PIRACY
LAWS,SUBMIT 2005 THIRD QUARTER BROADCAST PIRACY REPORT



1. Summary: The Dominican Telecommunications Authority
(INDOTEL) submitted to the Embassy on October 5 the third
quarterly television broadcast piracy report for 2005. The
Dominican government is punctually meeting the reporting
deadlines and taking action to address the problem of
broadcast piracy, prosecuting at least some of the violators
in the courts. End summary.

Background


2. The Dominican government signed a side letter to the
CAFTA-DR agreement of August 4, 2004, in which it agreed to
submit to U.S. authorities a quarterly report on progress
toward enforcing laws on broadcast piracy. This Embassy had
to make many calls before it could determine who would take
responsibility for providing the report. After a slow
start sorting out responsibilities within the new
administration, the Ministry of Industry and Commerce finally
took responsibility for organizing the various government
agencies involved with IPR protection andsince January has
ensured that the quarterly report is delivered to the United
States on time.

Details of Third Quarter Activities
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3. Dominican efforts to combat piracy have significantly
improved during the year, as the third quarterly report
documents. In July, President of the Telecommunications
authority (INDOTEL) Jose Vargas President and Copyright
Office (ONDA) Director Felix Tereno published in major daily
papers a notification to operators of broadcast cable
television that those found to be providing transmissions,
retransmissions or other signals of copyright-protected
material without authorization from the copyright owner would
be immediately subject to sanctions. The laws and
regulations provide for seizure of equipment, court charges,
and the possibility of prison terms of three months to three
years and fines between approximately USD 5,000 and USD
100,000, independent of any findings awarded for civil
damages.


4. In August and September ONDA issued several resolutions:

Resolution 15 ) Warning Eltecsa Cable Company against
illegal broadcasts. Threatened with closure.

Resolution 17 ) Suspension of license and closure of Gina
Cable Company for not having legal permission to operate.
All equipment was seized.

Resolution 19 ) A (relatively low) fine equivalent to of
five monthly minimum wages (about USD 1000) levied against
Cable Vision del Caribe for illegal broadcasting.

Resolution 20 ) A fine of five minimum wages against
Telecable Central for illegal broadcast.

Resolution 21*A fine of fifteen minimum wages against Best
Hotel Luperon in Puerto Plata for illegal broadcast.


5. On August 12, ONDA signed a formal agreement with the
Association of Cable Operators whereby broadcasters undertook
to respect copyrights and international agreements so "the
retransmission of signals by cable television firms complies
with the appropriate authorizations from authors or rights
holders." ONDA advised broadcasters that they had 45
calendar days to make changes in equipment, contractual
arrangements and installations and to advise subscribers and
publicize program changes in compliance with intellectual
property law (law 65-00). After the period indicated, the
Copyright Office would carry out inspections across the
country and initiate vigorous enforcement actions.


6. The 45-day window closed on September 26. ONDA
immediately carried out a number of well publicized raids.
The authorities organized press events to display seized
material. National newspaper HOY published a full page
interview ONDA Director Felix. Embassy economic officer
visited ONDA on October 6 and was shown a large quantity of
confiscated equipment and media that had been collected the
same week. ONDA Director Feliz said that six cable operators
had been raided and numerous copy facilities shut down.
While ONDA has not received additional staffing or funding
from the government, Feliz said, ONDA was receiving
excellent cooperation from the National Police in the conduct
of raids. He showed off two large rooms filled floor to
ceiling with media replicating and transmission equipment
along with thousands of pirated compact disks and DVDs. Some
of the broadcasting equipment had channel switches labeled
with familiar names like Disney and Cartoon Network


7. Embassy will fax a copy of the October to USTR under
cover of a copy of this cable.

Comment


8. Dominican efforts to enforce IP law have consistently
improved throughout the year. As the Dominican Republic
prepares to implement CAFTA in the coming months, it appears
the added focus brought to the issue of television broadcast
piracy is an early benefit of the FTA.
BRINEMAN