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In October 2005, the Onafhankelijke Post en Telecommunicatie Autoriteit (Dutch telecommunications regulatory authority - OPTA) notified the European Commission of its intention to intervene in the Dutch retail broadcasting market. It did so in accordance with Art. 7 of the EU Framework Directive. The OPTA believed that the retail markets for the supply of free-to-air radio and television services via cable networks were not competitive. According to the regulatory authority, the three major Dutch cable operators UPC, Essent and Casema have Significant Market Power on their respective networks,...

As from 2001, the Commissariaat voor de Media (Dutch Media Authority) has been analysing the media concentrations and financial and economic developments in the press, television and radio sectors in the Netherlands. On 27 November 2005, a fourth annual Mediamonitor report entitled “ Concentratie en Pluriformiteit van de Nederlandse Media 2004 ” (Concentration and Pluralism of the Dutch Media 2004) saw the light. The report sets out new recommendations for the development of rules regarding media concentrations and ownership relations. Specific attention has been paid to the internet and regional...

On 15 September 2005, the Commissariaat voor de Media (Dutch Media Authority), sent an official letter to the board of Directors of the Dutch Public Broadcasting Service. In that letter the Authority informed the Board of its intention to impose a fine of EUR 13.500. The Public Broadcasting Service is responsible for the broadcasting time allocated to blocks of advertisements (“STER broadcasting time”). The BNN programme “Top of the Pops” was found to have been illegitimately interrupted by these “STER” blocks of advertisements. The programme item “Top of the Pops”, broadcast on 20 August 2005,...

As of 1 September 2005, amendments to the Mediawet (Dutch Media Act) introduced by a bill adopted in mid-July have entered into force. The bill modifies the organizational infrastructure of the national public broadcasting service with a view to a more efficient coordination of supervisory, administrative and professional procedures. The Supervisory Board has for example been given a new structure (art. 18a) and a new advisory organ has been set up (art. 18c). A “negligence provision” has been introduced (art. 30a) as well as “performance-based” contracts (art. 30b). The former is designed to hold...

On 31 December 2003, the new Dutch Media Act came into force. One of the modifications had been the incorporation of some rules of the Mediabesluit (Dutch Media Decree), concerning commercial broadcasters, by the Mediawet (Dutch Media Act). Given these changes, the Commissariaat voor de Media (Dutch Media Authority) had to modify its policy rules, providing for enforcement as well as exemption rules, regarding the assessment of European, independent, recent, Dutch- or Frisian-language programme items (Beleidsregels programmaquota). These rules are applicable to public broadcasting services as well...