Official Journal of the European Communities Cation Pursuant To

25 . 9 . 97 EN Official Journal of the European Communities C 291 / 11

Poland ( 12 ) EC, EEA countries, EFTA countries , Czech Republic, Slovak Republic, Slovenia, Romania, Hungary

(') EEA : Decision No 71 /96 of the Joint Committee of 22 November 1996 (entry into force : 1 . 1 . 1997), published in OJ L 21 , 23 . 1 . 1997 ; ( 2 ) EFTA (entry into force : 1 . 1 . 1997): EC-NO : Decision No 1 /96 of the Joint Committee of 20 December 1996 ; EC-IS : Decision No 1 /96 of the Joint Committee of 19 December 1996 ; EC-CH : Decision No 1 /96 of the Joint Committee of 19 December 1996 ; published in OJ L 195 , 23 . 7 . 1997 ; ( 3 ) Interim Agreement EU-Slovenia (entry into force : 1 . 1 . 1997 ); published in OJ L 344 , 31 . 12 . 1996 (Decision of the Council and the Commission of 25 November 1996); ( 4 ) Decision No 3 /96 of the Association Council of 29 November 1996 (entry into force : 1 . 1 . 1997), published in OJ L 343 , 31 . 12 . 1996 ; ( 5 ) Decision No 2 /97 of the Association Council of 9 January 1997 (entry into force : 1 . 1 . 1997); published in OJ L 212 , 5 . 8 . 1997 ; (') Decision No 1 /97 of the Association Council of 6 May 1997 (entry into force : 1 . 1 . 1997), published in OJ L 134, 24 . 5 . 1997 ; ( 7 ) Decision No 1 /97 of the Association Committee of 31 January 1997 (entry into force : 31 . 1 . 1997), published in OJ L 54, 24 . 2 . 1997 ; ( 8 ) Decision No 1 /97 of the Joint Committee of 6 March 1997 (entry into force : 1 . 4 . 1997 ), published in OJ L 111 , 28 . 4 . 1997 ; ( 9 ) Decision No 1 /97 of the Joint Committee of 20 March 1997 (entry into force : 1 . 4 . 1997), published in OJ L 111 , 28 . 4 . 1997 ; ( 10 ) Decision No 1 /97 of the Joint Committee on 25 February 1997 (entry into force : 1 . 4 . 1997), published in OJ L 136 , 27 . 5 . 1997 ; (n ) Decision No 3 /96 of the Association Council of 28 December 1996 (entry into force : 1 . 7 . 1997), published in OJ L 92 , 7 . 4 . 1997 . ( u ) Decision No 1 /97 of the Association Council of 30 Tune 1997 (entry into force : 1 . 7 . 1997), published in OJ L 221 , 11 . 8 . 1997 .

The current publication replaces the publication in OJ C 84 of 15 March 1997 .

Case No IV/36.586 — British Digital Broadcasting (BDB)

(97/C 291 /07 ) (Text with EEA relevance)

1 . On 16 July 1997 , the Commission received a notifi The parties will establish BDB as an independently cation pursuant to Article 4 of Council Regulation No managed business . The notified agreements include a 17 (') of agreements between Carlton Communications programme supply agreement with British Sky Broad pic ('Carlton'), Granada Group pic ('Granada') and casting Limited (BSkyB) which has been concluded for British Sky Broadcasting Group pic ('BSkyB') consti the supply of at least three of BSkyB's premium tier tuting a joint venture agreement for the creation of a channels and one of BSkyB basic channels for a period company, Bristish Digital Broadcasting Holdings of seven years from launch . Limited, jointly owned by Carlton and Granada and through which they jointly own , British Digital Broad casting pic ('BDB'). BSkyB is no longer a shareholder in 2 . According to the parties, BDB's business as the BDB . BDB was formed to bid for and operate 3 digital operator of a digital platform will involve the following . terrestrial multiplexes under a 12-year licence . The First, the acquisition of retail distribution rights for parties estimate a launch date for these services of television channels and additional services . BDB will September 1998 . Each multiplex will carry five or more initially carry 16 television channels . Carlton and television channels and, potentially, digital interactive Granada will each supply at least four channels to BDB . services . BDB will retail these services as subscription BSkyB will supply at least four channels to BDB . television services to viewers in the United Kingdom . BBC/Flextech will supply four channels to BDB . Secondly, the establishment of the technical distribution and transmission arrangements for the television O OJ 13 , 21 . 12 . 1962 , p . 204/62 (Special Edition 1959-62 , channels and any other services . Thirdly, the acquisition p . 87 ). of the necessary technology and related services to C 291 / 12 | EN | Official Journal of the European Communities 25 . 9 . 97

operate pay-television services . BDB is considering Letter dated 20 June 1997 from BSkyB to Carlton, BDB licensing a conditional access system from News Digital Holdings, BDB and Granada regarding the sale of half Systems Limited, although no firm decision has, as yet, of BSkyB's shares to Carlton and half to Granada, and been taken . BDB plans to own and operate its own the supply of programming to BDB ; stand-alone customer management system, subscriber card management system and subscriber authorization Letter dated 20 June 1997 from Carlton to BSkyB system . In order to enable BDB to provide its own regarding the supply to BSkyB of those television customer management system, for a period of five years channels which Carlton supplies to BDB ; from the launch date, BDB will obtain certain facilities and services from Sky Subscriber Services Limited, a Letter dated 20 June 1997 from Carlton to BSkyB subsidiary of BSkyB . Fourthly, arrangements with regarding the provision of advertising time on Carlton's set-top-box and television receiver manufacturers and ITV licences ; retailers to promote the manufacture and sale of set-top-boxes . BDB will specify its own set-top-boxes, Letter dated 20 June 1997 from Granada to BSkyB and to the extent technically practicable, 'side-car' regarding the supply to BSkyB of those television attachments to enable reception of its broadcasts by channels which Granada supplies to BDB ; viewers using digital satellite Direct-to-Home set-top-boxes . BDB intends to provide subsidies to Letter dated 20 June 1997 from Granada to BSkyB retailers of set-top-boxes and of digital terrestrial regarding the provision of advertising time on Granada's side-car attachments to enable boxes and attachments to ITV licences . be retailed at a price attractive to the consumer. Fifthly, the retail distribution of its television and other services 4 . On preliminary examination, the Commission finds to the consumer. BDB intends to market channels in that the arrangements which have been notified could basic and premium tiers . fall within the scope of Regulation No 17 . The Commission invites interested third parties to submit any observations that they may have regarding these 3 . The following agreements have been notified to arrangements to the Commission . In accordance with give effect to the above-described operation : Article 20 of Regulation 17 , such observations will be protected by professional secrecy. Observations must Joint Venture Agreement dated 3 January 1997 between reach the Commission not later than 20 days following Carlton , Granada and BSkyB for the formation of BDB ; the date of this publication . They may be sent to the Commission by fax (No (32 2 ) 296 98 04) or by post under reference IV/36.586 — British Digital Broad Supplemental Joint Venture Agreement dated 31 January casting (BDB) to the following address : 1997 between BDB Holdings , BDB, Carlton , Granada and BSkyB (BSkyB will cease to be a party to these European Commission, agreements ); Directorate-General for Competition (DG IV), Directorate C , Letter dated 3 January 1997 from BSkyB to Carlton and Office C 150 3 / 114, Granada regarding the supply of premium channels by Avenue de Cortenberg/Kortenberglaan 150 , BSkyB to BDB ; B-1040 Brussels .