Germany

[DE] Federal Republic Adopts EU Commission's Green Paper on Convergence

IRIS 1998-6:1/29

Wolfgang Closs

Institute of European Media Law (EMR), Saarbrücken/Brussels

In a joint position of the Federal Republic and the Länder passed on to the Commission, the Federal Republic of Germany basically welcomes the initiative of the European Commission in tabling a Green Paper on "convergence of the telecommunications, media and information technology sectors and its regulatory implications".

It is stressed that the purpose of the Green Paper is to trigger an essential discussion procedure at European level, as convergence - as an important phenomenon of the information society - can open up prospects for diversity of opinion, plurality and more competition and, as a result, better services for the use of consumers as well as more jobs.

In the opinion it is emphasised that in specific replies to the questions raised in the Green Paper a distinction must be drawn between technical, economic and content convergence. Thus, it is pointed out that technical convergence does not necessarily imply merging different types of offers and services. In view of the short period of time since the promulgation of regulations at both national and Community level, Germany feels it is too early to make definite statements on further measures for regulation or deregulation. It is suggested that sufficient experience should be gained under the present regulations before new conclusions are drawn.

In general, it is pointed out that a legal regulatory framework should not be considered primarily as limiting access, hindering the development of the information society, and that the regulatory framework developed in Germany (Agreements between the Federal States on Broadcasting and media services, the Information and Communication Services Act, the Telecommunications Act) corresponds to one of the options set out in the Green Paper.

On the role of public-sector broadcasting in future media regulations, the Federal Republic of Germany refers to the relevant statements contained in the Amsterdam Protocol. Germany sees public-sector broadcasting as one of the two pillars of the dual broadcasting system; it is felt that there is no need to fundamentally change this system in the light of the debate on convergence.