A former Commissioner of the Liberia Telecommunications Authority (LTA) Mr. Abdullah Kamara has expressed grave concerns over strange proceedings in a case filed against various local television stations operating in the country by the Political Leader of the Movement for Progressive Change (MPC) Mr. Simeon Freeman to monopolize the sector.
Mr. Kamara is presently the CEO of Tamma TV and the Vice President for Governmental Affairs of SATCON Communication Services
It can be recalled that in 2019, Mr. Freeman, who is the owner of DSTV operating in Liberia, filed a US$5M lawsuit against various television stations including SATCON, Nanasat, K3 TV for using their respective outlets to film soccer matches, which he has franchise on, without his consent.
"Plaintiff avers that as a consequence of the sustained piracy being carried out by the defendants, the revenues the Plaintiff is to realize through legal operations is being eroded to the extent that Plaintiff has incurred a total loss of United States dollars US$2,625,971.98 as a consequence of the loss of income that Plaintiff experienced from 2015 up to 2018, the period the Plaintiff realized the downturn in its legal business owing to the illegal and unhealthy business dealings of the defendants," the indictment in the possession of FrontPage Africa states.
But speaking to Reporters in Monrovia on Thursday, April He disclosed that though Mr. Freeman's company is claiming exclusive rights over the filming of soccer matches, SATCON has not Super Sports channel on DSTV to film soccer matches.
He termed the lawsuit filed as a "serious harassment" and one that is intended to deprive the Liberian government from generating the needed revenue.
"DSTV took all her competitors except LNTV, to court over a US$5m claim. This case has been dragging for the past four years now. I believe that the intent is to create a monopoly in the space because if you take all your competitors to court knowing very well that none of them can even make US$1m."
He stressed that the cost for television services or connections will be exorbitant if the sector is monopolize.
He emphasized that the case is intended to "frustrate the businesses of his competitors" and take jobs several Liberians that are in the employ of the entities that have been sued.
Mr. Kamara maintained that his company is experiencing serious financial constraints due to the prolong delay in the final adjudication of the case.
He said the lawsuit cannot permit the company to extend in other counties including Grand Bassa, Bong, Lofa, Grand Gedeh, among others.
"SATCON provides the platform for other local contents to be broadcast with quality. If SATCON leaves the space BOSS TV, KMTV, TAMMA TV, SKY TV, LNTV, and HOTT TV will also go. They don't have the capacity to broadcast on DSTV."
LTA slow
Speaking further, Mr. Kamara expressed dismay over the failure of authorities of the Liberia Telecommunications Authority (LTA).
According to him, the act of the LTA gives the entity the mandate to create a level playing field as enshrined in the various licenses issued to television companies operating in the country.
"LTA has been so slow in taking a final decision on this matter. We all have licenses authorized by the LTA and we are operating within the confines of the law of the LTA. Once you create a competitive environment, it is always good for the consumers. They will have a choice because, when you are expensive, I will go to the other party."
He added that the sector must be opened to afford citizens or the opportunity to compete base on the quality of services and the cost.
Mr. Kamara observed that the LTA is currently playing a spectator role in the sector by failing to act prior to the case being filed at the court.
He said in keeping with its statutory responsibility, the LTA, which has many experts in the sector, should ensure that the case is withdrawn from the court to probe into it.
According to him, the court does not have the requisite expertise to decide on the matter.
Court proceedings
Mr. Kamara said the court is only probing into the financial aspect of the case, leaving out the technicalities involved.
He expressed disappointment over the manner and form in which the case is proceeding at the Commercial Court headed by Judge Eva Mappy Morgan.
Mr. Kamara alleged considerations are given to Mr. Freeman's lawyers in the case as compare to his lawyers.
"The way the court is proceeding, it is not fair to us. Since he took us to court and every time the court proceeding is on and he (Simeon Freeman) is not having sufficient information, he will tell the court that his witnesses are in South Africa and so we have to wait. The court will grant that. It has happened a number of times."
He further recalled an incident where his company Lead Lawyer on the case Counselor Korboi Johnson fell ill and had to travel abroad for advance medical treatment.
Mr. Kamara said the court recommenced the case in the absence of his Lead Lawyer.
"They commenced the case without our Lead Lawyer being around. The new lawyers that were on the case know very little of the case. And so, they couldn't really properly interrogate the witnesses. This was strange because the court was informed that our lawyer was taken a medical leave."
He disclosed that the LTA that is regulating the sector also wrote an affidavit notifying the court that it has not adjudicated the hearing following a request made by DSTV.
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"I feel that in this case, we are not being given sufficient flexibility or due process through proper representation in the court. The way the court is proceeding it seems that all our requests have been thrashed and for that reason, I feel disenchanted. We have not been given proper space to make our case because if our Lead Lawyer was here, their witnesses were going to be intensively scrutinized why they were on the stand."
Mr. Kamara maintained that though his company does not want any preferential treatment from the court, the proceeding must be balance for the benefit of all parties that are involved.
"Mr. Freeman has no right; this is just harassment of his competitors. It is unfounded and if he really wanted this case, the best place for us to be is at the LTA. But he doesn't want justice; he wants to move his competitors from business."
"The court should not even be involved in this matter right now because; it is not about money business. Mr. Freeman said people using his content and the first thing is to tell us to stop if that is really happening- and we can go to the LTA that has experts in the sector or to the Intellectual Property Office."
He said citizens and others will be compelled to purchase their decoders from nearby countries at a lower cost and all other television stations will be shut down if the court rules in favor of Mr. Freeman.
