Austria

[AT] Consultation on Markets for Broadcasting Transmission

IRIS 2003-9:1/9

Alexander Scheuer

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

The Austrian communications authority (KommAustria) initiated a consultation procedure in late August with regard to the definition of the relevant national markets subject to its sector-specific regulation. In accordance with Art. 36 [3] in combination with Art. 128 of the Austrian telecommunications law of 2003 (TKG 2003), interested parties have the opportunity to state their position on the authority's intention to issue an ordinance defining the relevant markets for terrestrial broadcasting transmission in a way that differs from the Recommendation of the European Commission.

In the Recommendation of 11 February 2003 (2003/ 311/EC, OJ L 114, 8 May 2003, p. 45, see IRIS 2003-3: 7), which was issued in accordance with Directive 2002/ 21/EC (7 March 2002) of the European Parliament and of Directive, see IRIS 2002-3: 4), point 18 of the Annex makes reference to the (single) market for "Broadcasting transmission services, to deliver broadcast content to end users". The market involved here is a type of wholesale market, since it relates to the inputs that are necessary for operators to provide services and products to end users. This market may, subject to the results of the market analysis to be undertaken by the national regulation authorities, become the object of preliminary regulation measures. KommAustria believes that conditions in Austria are such as to justify a separation of the market in terms of broadcast content (radio and television) and in terms of the three transmission platforms satellite transmission, cable networks and terrestrial transmission, with only the last of these presenting serious hurdles to market entry. KommAustria accordingly defines two relevant markets susceptible to ex ante regulation, viz. the market for terrestrial FM radio transmission and the market for terrestrial TV transmission. The hearing phase is to conclude at the end of September, after which a consultation procedure in accordance with article 7 of the Framework Directive will be initiated.