Austria

[AT] Licence Awarded for Terrestrial Multiplex Platform

IRIS 2006-4:1/11

Robert Rittler

Gassauer-Fleissner Attorneys at Law, Vienna

In February 2006, the Kommunikationsbehörde Austria (Austrian communications authority) granted to Österreichische Rundfunksender GmbH & Co KG (ORS) the licence to operate a terrestrial multiplex platform valid until 1 August 2016 (see IRIS 2005-7: 8 for details of the invitation of tenders). The decision is not yet in force. The award of this licence represents a further step towards nationwide availability of digital terrestrial broadcasting.

The licensing decision sets out detailed conditions for the transmission of digital terrestrial television.ORS is required to increase its coverage in stages. It must carry both national TV channels and, to a limited extent, the regional channels produced by Österreichische Rundfunk (ORF). Private broadcaster ATV is also entitled to have its national terrestrial channel ATV+ transmitted via the ORS multiplex platform. The broadcast of radio and television channels must take priority over additional services (teletext, information services). If ORS itself offers an electronic programme guide, it must respect the order of channels set out in the licence. Channels must also be treated equally in terms of their layout and accessibility. Fees charged for the transmission of channels and additional services must be reasonable. ORS is also obliged to treat all applicants equally when calculating these fees.

The full partner of ORS is Österreichische Rundfunksender GmbH, 60% of whose ordinary share capital is owned by ORF and 40% by Medicur Sendeanlagen GmbH . ORF and Medicur Sendeanlagen GmbH are limited partners of ORS .