Must-Carry Rules, and Access to Free-DTT
Total Page：16
File Type：pdf, Size：1020Kb
Access to TV platforms: must-carry rules, and access to free-DTT European Audiovisual Observatory for the European Commission - DG COMM Deirdre Kevin and Agnes Schneeberger European Audiovisual Observatory December 2015 1 | Page Table of Contents Introduction and context of study 7 Executive Summary 9 1 Must-carry 14 1.1 Universal Services Directive 14 1.2 Platforms referred to in must-carry rules 16 1.3 Must-carry channels and services 19 1.4 Other content access rules 28 1.5 Issues of cost in relation to must-carry 30 2 Digital Terrestrial Television 34 2.1 DTT licensing and obstacles to access 34 2.2 Public service broadcasters MUXs 37 2.3 Must-carry rules and digital terrestrial television 37 2.4 DTT across Europe 38 2.5 Channels on Free DTT services 45 Recent legal developments 50 Country Reports 52 3 AL - ALBANIA 53 3.1 Must-carry rules 53 3.2 Other access rules 54 3.3 DTT networks and platform operators 54 3.4 Summary and conclusion 54 4 AT – AUSTRIA 55 4.1 Must-carry rules 55 4.2 Other access rules 58 4.3 Access to free DTT 59 4.4 Conclusion and summary 60 5 BA – BOSNIA AND HERZEGOVINA 61 5.1 Must-carry rules 61 5.2 Other access rules 62 5.3 DTT development 62 5.4 Summary and conclusion 62 6 BE – BELGIUM 63 6.1 Must-carry rules 63 6.2 Other access rules 70 6.3 Access to free DTT 72 6.4 Conclusion and summary 73 7 BG – BULGARIA 75 2 | Page 7.1 Must-carry rules 75 7.2 Must offer 75 7.3 Access to free DTT 76 7.4 Summary and conclusion 76 8 CH – SWITZERLAND 77 8.1 Must-carry rules 77 8.2 Other access rules 79 8.3 Access to free DTT 80 8.4 Conclusion and summary 80 9 CY – CYPRUS 81 9.1 Must-carry rules 81 9.2 Licensing of DTT 81 9.3 Conclusion and summary 81 10 CZ – CZECH REPUBLIC 82 10.1 Must-carry rules 82 10.2 Other access rules 83 10.3 Access to free-DTT 83 10.4 Conclusion and summary 83 11 DE – GERMANY 84 11.1 Must-carry rules 84 11.2 Other access rules 86 11.3 Access to free DTT 94 11.4 Conclusion and summary 98 11.5 Recent legal updates of interest 99 12 DK – DENMARK 100 12.1 Must-carry rules 100 12.2 Purpose of rules 101 12.3 Other access rules 101 12.4 Access to free DTT 101 12.5 Summary and conclusion 102 13 EE – ESTONIA 103 13.1 Must-carry rules 103 13.2 Other access rules 104 13.3 Access to free DTT 105 13.4 Summary and conclusion 105 14 ES – SPAIN 106 14.1 Must-carry rules 106 14.2 Other access rules 106 14.3 Access to free DTT 107 14.4 Conclusion and summary 108 3 | Page 15 FI – FINLAND 109 15.1 Must-carry rules 109 15.2 Other access rules 111 15.3 Access to free DTT 111 15.4 Conclusion and summary 112 16 FR – FRANCE 113 16.1 Must-carry 113 16.2 Other access rules 114 16.3 Access to free-DTT 115 16.4 Conclusion and summary 116 17 GB – UNITED KINGDOM 117 17.1 The regulation of broadcasting in the UK 117 17.2 Must-carry rules 117 17.3 Other access rules 118 17.4 Access to free DTT, and platform operators 119 17.5 Conclusion and summary 120 18 GR – GREECE 121 18.1 Must-carry 121 18.2 Other access rules 121 18.3 Licensing of DTT 122 18.4 Conclusion and summary 122 18.5 Recent legal updates of interest 122 19 HR – CROATIA 123 19.1 Must-carry rules 123 19.2 Platforms and services 123 19.3 Other access rules 124 19.4 Access to free DTT 124 19.5 Summary and conclusion 124 20 HU – HUNGARY 126 20.1 Must-carry rules 126 20.2 Other access rules 128 20.3 Access to free DTT and platform operator 128 20.4 Summary and conclusion 129 21 IE – IRELAND 130 21.1 Must- Carry 130 21.2 Other access rules 132 21.3 Access to free-DTT 133 21.4 Platform operator and channels 134 21.5 Conclusion and summary 134 22 IS – ICELAND 135 4 | Page 22.1 Must-carry rules 135 22.2 Other access rules 136 22.3 Access to free DTT 137 22.4 Summary and conclusion 137 23 IT – ITALY 138 23.1 Must-carry rules 138 23.2 Other access rules 141 23.3 Access to free DTT 142 23.4 Conclusion and summary 143 24 LT – LITHUANIA 144 24.1 Must-carry rules 144 24.2 Other access regulations 145 24.3 Access to free DTT 145 24.4 Summary and conclusion 145 25 LU – LUXEMBOURG 147 25.1 Must-carry rules 147 25.2 Access to free DTT 147 25.3 Summary and conclusion 148 26 LV – LATVIA 149 26.1 Must-carry rules 149 26.2 Major update to must-carry in January 2016 151 26.3 Other access rules 151 26.4 Access to free DTT 151 26.5 Summary and conclusion 152 27 MT – MALTA 153 27.1 Must-carry rules 153 27.2 Other access rules 155 27.3 Access to free DTT 155 27.4 Conclusion and summary 155 28 NL – NETHERLANDS 157 28.1 Must-carry rules 157 28.2 Other access rules 159 28.3 Access to free DTT 160 28.4 Summary and conclusion 160 28.5 Recent legal updates of interest 160 29 NO – NORWAY 161 29.1 Must-carry rules 161 29.2 Access to free DTT 163 29.3 Conclusion and summary 163 30 PL – POLAND 164 5 | Page 30.1 Must-carry rules 164 30.2 Other access rules 165 30.3 Access to free DTT 165 30.4 Summary and conclusion 166 31 PT – PORTUGAL 167 31.1 Must-carry rules 167 31.2 Must offer 170 31.3 Access to free DTT 170 31.4 Summary and conclusion 172 32 RO – ROMANIA 173 32.1 Must-carry rules 173 32.2 Access to DTT platforms 175 32.3 Conclusion and summary 176 32.4 Recent legal updates of interest 176 33 RS – REPUBLIC OF SERBIA 177 33.1 Must-carry rules 177 33.2 Other access rules 179 33.3 Access to free DTT 179 33.4 Summary and conclusion 180 34 SE – SWEDEN 181 34.1 Must-carry rules 181 34.2 Access to free DTT 183 34.3 Conclusion and summary 184 35 SI – SLOVENIA 185 35.1 Must-carry rules 185 35.2 Other access rules 187 35.3 Access to free DTT 187 35.4 Conclusion and summary 188 36 SK – SLOVAK REPUBLIC 189 36.1 Must-carry rules 189 36.2 Other access rules 191 36.3 Access to free DTT 191 36.4 Conclusion and summary 191 References/ Sources 192 Sources: Executive summary/ analysis 192 Sources: Country profiles 193 6 | Page Introduction and context of study This report is based on work carried out for the European Commission in 2015 and looks at the way in which national systems prioritise the delivery of certain types of television content over distribution platforms. The report involved researching the current status in the EU28 and six additional countries: Albania, Bosnia and Herzegovina, Iceland, Norway, the Republic of Serbia and Switzerland. This is done from two perspectives: A comprehensive overview of must-carry obligations in 34 countries An examination of access for channels to free-to-air digital terrestrial television networks and a presentation of the state of play regarding channels on free DTT Chapter one outlines the status of must-carry rules in Europe on the basis of the investiga- tion into the rules in 34 European countries. It covers the platforms and services that are relevant in national rules and looks at the aims of regulation and what types of services are deemed relevant to fulfil these aims. Where relevant, other content rules such as must-offer, or must-find are addressed. The focus of the report is on linear services, however in the context of discussions on must- find, some reference was made to the issue of prominence in the response of regulators, with regard to the “findability” of services in on-demand audiovisual services. Must-carry rules serve to ensure the delivery of specific types of content (public service and /or special interest) and the rules place obligations (and sometimes burdens of costs) on distribution platforms. Chapter one also makes reference to some of the legal challeng- es initiated by distributors with regard to must-carry regimes. The need for the must-carry rules to be consistent with the Universal Services Directive has also led to investigations of regimes by the European commission and these are also outlined in chapter one. Chapter two provides information on the status of digital terrestrial television (DTT) in Eu- rope, also on the basis of the research into the 34 countries, and on other data from the MAVISE database and the European Audiovisual Observatory. It provides a brief overview of DTT licensing regimes for free-DTT platforms, and outlines the obstacles to accessing such platforms. In this context, the distinctions between the types of systems are explained – where the multiplex operator has the strongest influence over the content of the multiplex, or alternatively where the licensing process and the regu- lator determines the content of the multiplexes.