Switzerland
[CH] Dispute Between Cablecom and Teleclub
IRIS 2002-7:1/12
Oliver Sidler
Medialex
As part of Swisscable, the umbrella association of Swiss cable operators, Cablecom is offering its customers its own set-top box so that they can receive the digital TV package Swissfun and the new Cablecom Digital Cinema service. Another digital pay-TV provider, Teleclub AG, is also offering its clients its own set-top box so that they can receive its programmes. After the Swiss Bundesrat (Council of Ministers), in a decision of 5 June 2001, banned Teleclub AG's proprietary set-top box for its payTV service and demanded an open standard (see IRIS 2001-7: 7), Teleclub is now giving its subscribers the box free of charge.
The use of these two set-top boxes is now being fiercely disputed. Cablecom, Switzerland's largest cable operator, is refusing to include Teleclub's digital channels in its cable network and is demanding that Teleclub integrate its complete service into the digital TV platform Swissfun (NB using Cablecom's own set-top box). For its part, Teleclub is arguing that Cablecom customers could receive the channels using Teleclub's own set-top box, since Teleclub is offering these customers the appropriate Conditional Access Module (CA) free of charge. The dispute had not been resolved at the time of going to press. In the meantime, Teleclub AG has also lodged a complaint with the Swiss Competition Commission, alleging restraint of trade; no decision has yet been taken.
References
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.