Germany

[DE] Liberalisation of the Cable TV Market

IRIS 1995-6:1/21

Andrea Schneider

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

In its April 1995 position paper, " Deregulation of the Cable TV Market as an Element in the Reorganisation of Telecommunications in Germany", the Association of Private Network, Satellite and Cable Communications Operators (ANGA) welcomes the main points made by the Federal Ministry of Posts and Telecommunications in its paper of 27 March 1995 on future general regulations on telecommunications.

ANGA represents mainly medium-sized private network operators in Germany. Its members include operators of cable and community television services and communications systems, housing developers, satellite operators and manufacturers of satellite and other system components.

ANGA wants more account taken of the cable TV market and its needs, and calls for rapid and consistent implementation of the general regulations.

With a view to liberalisation of the cable TV market, it insists that:

- The establishment and use of networks should be partly liberalised without delay.

- Deutscher Telekom's priority rights concerning the development of cable TV networks should be abolished.

- Private cable networks should have unlimited co-operation rights, even in areas developed by Deutscher Telekom.

- Deutscher Telekom should be required to install on its cable TV network a permanent, broad-band feedback channel for interactive television, and the available bandwidth should be expanded to 606 Mhz.

On 15 March 1995, in an opinion on the cable television market, the EU Commission's Directorate General - Competition told the German Government of its concern at Deutscher Telekom's dominant market position, and asked it to take corrective action. Specifically, the EU Commission objected to Telekom's priority installation rights in respect of cable TV and exclusive operating rights in respect of satellite reception facilities, both of which it considered incompatible with the EU's rules on competition. The Federal Ministry of Posts and Telecommunications responded on 4 May 1995 by issuing new draft regulations on content, scope and nature of the procedure for award and opening of telecommunications service markets, which are intended to meet the EU's requirements.