Austria

[AT] Amendment Act concerning DVB-H

IRIS 2007-7:1/6

Nicola Lamprecht-Weißenborn

Cologne Media Law Research Centre

On 30 May 2007, the Austrian Council of Ministers forwarded a Bill to Parliament with the purpose of amending the Privatfernsehgesetz (Private Television Act), the ORF-Gesetz (Austrian Broadcasting Corporation Act) and the KommAustria-Gesetz (KommAustria Act). The purpose of the Bill is to create the legal basis for the introduction of mobile terrestrial television in Austria.

The Act does not specify a preference for a particular standard, such as DVB-H or DMB. Instead, the only criterion for deciding on the selection of a standard will concern its user-friendliness (such as the prices of receivers, and distribution costs).

The Bill has sparked debate and disagreement, especially with regard to the position of the public broadcaster ORF, which is now going to be able to participate in mobile broadcasting with its own programmes, although a cross-subsidy from licence fees will not be permitted.

In the context of the overall plan for mobile digital broadcasting, the Bill differentiates between basic and premium packages. The basic package will comprise programmes that can be received - for a fee - by subscribers to all so-called “programme aggregators” (broadcasters with a contract to supply mobile broadcasting) in the form of a “common programme bouquet”. On the other hand, it will be possible to distribute additional premium packages on the basis of exclusive contracts with programme aggregators.

It is anticipated that the Bill will be passed this summer and the Act will enter into force as early as the beginning of August. In view of the forthcoming Euro 2008 football championships, invitations to tender for the first frequencies are due to be issued this autumn.