The non-transmission of a number of premium movie channels by three of Jamaica's largest cable companies has infuriated many customers who are clamouring for rebates on their bills.

Cable operators Flow, Logic One and Telstar have been instructed to put the brakes on their feed of HBO and Cinemax - which account for the lion's share of the cable movie market here - because they are unlawfully distributing the programmes, HBO Latin America has charged.

An obviously irate Flow customer, Hugh Campbell, a resident of Princess Street, Kingston, said he is awaiting a response from the company within a month and has threatened to pursue legal action against the cable provider.

"I wasn't even informed that the stations would be removed and when I called the office, I was told that they don't know when things will get back to normal," he said.

"It's annoying to know that I am paying $6,600 for something that I am not receiving. The company is cheating and the customers should be treated much better."

He said of 14 channels which have been affected by the blackout, only five have been substituted - with less popular offerings - as Flow tries to assuage public rage about the non-transmission.

Shirley Gordon of Constant Spring, who is hooked up with Telstar, said she understands the disappointment cable customers feel.

The cable companies have not divulged whether they would be amenable to granting affected customers discounted bills.

Flow public relations representative Denise Williams declined to speak with The Gleaner directly when contacted, but promised to dispatch a press release.

However, the representative later replied that Flow - which trades under the name Columbus Communications - would reserve comment on the impasse until negotiations with HBO Latin America - which owns the rights in Latin America and the Caribbean - were completed.

No charge

Florence Darby, managing director of Telstar Cable Ltd, avoided detailed comment on the issue, but said: "Telstar customers' contracts outlined that they are not charged for HBO and Cinemax programmes." Therefore, she said the changes would not have had pricing implications for customers.

Flow, however, provides a range of packages which incorporate a varied mix of news, entertainment, lifestyle, movie, religious and X-rated channels - with costs topping $5,000.

Telstar's single rate is just over $2,000 - not including X-rated and premium sports channels - while Logic One bills customers at almost $4,000 for the full package.

Paula Francis, manager of Logic One Ltd, was also tight-lipped.

But Hopeton Dunn, chairman of the Broadcasting Commission, the watchdog patrolling electronic media - inclusive of the cable television industry - has urged customers who feel they have been unjustly treated to report operators to the relevant authorities.

"Customers who feel they have not been appropriately treated should first engage in a conversation with the consumer affairs body," said Dunn.

However, he did not disclose what legal ramifications could be invoked after complaints were submitted.

"We wouldn't pre-empt the legal actions if a letter of that sort should come to us. We want the benefit of the time to give a response to the person who writes the letter. But we would examine it and in all likelihood whatever we do would be in association with the Consumer Affairs Commission," he said.

Relevant documentation

Cheryl Tracey, director of field operations at the Consumer Affairs Commission, said while the organisation had not received complaints about the issue, she encouraged customers to visit the office with the relevant documentation.

"Affected persons are required to take their contractual agreement, which would be examined to see what type of redress applies."

The Fair Trading Commission also stated that if there is a breach in the contract, the commission, upon receipt of a complaint, would examine the issue to see if there are contraventions of the Fair Competition Act.

The Broadcasting Commission has ordered the companies to cease and desist showing specific feed after HBO Latin America insisted that the cable providers were distributing content without permission, thus infringing on intellectual property rights and breaching subscriber TV licences.

But the providers have claimed that HBO is pushing for more Spanish-based content in their programme menus, which, they say, would not serve the interests of the local market.

nadisha.hunter@gleanerjm.com