Germany

[DE] Guideline on Broadcasting Time for third Parties not Approved

IRIS 1997-10:1/30

Alexander Scheuer

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

The provisional common guideline of the regional media authorities on broadcasting time for independent third parties in accordance with Section 31 of the Agreement between the Federal States on Broadcasting (RfStV), agreed by the Conference of Directors of the Regional Media Authorities in January (see IRIS 1997-3: 13 and IRIS 1997-2: 13), has not received the necessary approval of all the supervisory bodies of the regional media authorities. The Broadcasting Commission of the North Rhine-Westphalia Broadcasting Authority rejected the regulations contained in the guideline, pointing out that they contained restrictions concerning conditions of dependence which exceeded those of the RfStV . According to the draft, the main programme operator could not be legally dependent on a possible supplier of window programme organisers. The wording of the condition was too general; the Broadcasting Commission felt it could only be applied where the window programme organiser made up "a considerable proportion of its programme content with contributions from the supplier". Meanwhile the Regional Office for Private Broadcasters (LPR) in the Rhineland-Palatinate has completed the announcement procedure on broadcasting time for independent third parties in respect of the organiser SAT 1 which is available there. As a result two offerers have been designated to the broadcaster; after agreement with the Commission of Enquiry into Concentration in the Media (KEK), the corresponding contracts could be concluded.