US embassy cable - 05SANTODOMINGO4744

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 
--------------------------------------------- ------ 
 
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