Cyprus
[CY] Regulations for the Provision of Networks for Digital TV Services
IRIS 2009-7:1/6
Christophoros Christophorou
Council of Europe expert in Media and Elections
In accordance with Article 10 of the Telecommunications Law 112(I)/2004, requiring the Telecommunications Commissioner to ensure maximum benefit to end-users, new regulations set the terms and conditions under which providers give access to their network and services for terrestrial digital TV. The Regulations are provided in a decree issued by the Commissioner for Telecommunications and Postal Services, enacted as Normative Administrative Act KDP.200/2009. This also harmonizes Cypriot law with European Community Directives 2002/19/EC, 2000/20/EC and 2000/21/EC and the relevant documents of the European Commission.
The Regulations define the rights and obligations of the providers of network and services of terrestrial digital TV, in respect of access to those networks. The scope of the Regulations is to set the principles and conditions under which providers will give broadcasters the access that enables them to disseminate their programmes through digital networks.
Access should be offered in accordance with the following principles: transparency, non-discrimination, separate book-keeping and controlled pricing. In order to ensure respect for these principles, negotiations with interested parties should be based on open tenders, where the terms and conditions are to be made fully available. Providers should conduct negotiations with broadcasters in good faith. A template annexed to the Regulations lists the various sections and the specific points on which information must be provided. The sections include the general terms, pricing, network technical description and technical specifications of connection services; procedures on handling applications and information exchange; information on co-installation services and procedures on sanctions/damages should also be provided in the documents.
References
- Ο περί Ρυθμίσεως Ηλεκτρονικών Επικοινωνιών και Ταχυδρομικών Υπηρεσιών Νόμος του 2004, ΚΔΠ 200/2009, Επίσημη Εφημερίδα, 15/05/2009
- Law on Electronic Communications and Postal Services of 2004, Normative Administrative Act KDP.200/2009, Official Gazette, 15 May 2009
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.