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On 9 December 2003, the Regional Media Authorities published the second report on media concentration by the Kommission zur Ermittlung der Konzentration im Medienbereich (Media Concentration Commission ­ KEK). Under section 26 of the Rundfunkstaatsvertrag (the Agreement between the Federal States on Broadcasting ­ RStV), a report of this kind must be published every three years. Section 26, paragraph 6 of the RStV provides that the report must contain, in particular, comments concerning the integration between television and other media-related markets (e.g. broadcasting rights or the markets...

At its meeting of 27 January 2004 the Conference of Directors of the Regional Media Authorities (Direktorkonferenz der Landesmedienanstalten ­ DLM) adopted a common stance for two international conferences in May 2004 and the year 2006, during which the broadcasting frequencies currently being used, among other things, for analogue terrestrial television are due to be reallocated. The working party given the task of elaborating a common German stance under the chairmanship of the Federal Ministry of the Economy and Employment had agreed on its conclusions in December 2003. In its report the DLM...

In a decision of 15 December 2003 the Lower Saxony Oberverwaltungsgericht (Administrative Court of Appeal ­ OVG) also dismissed the appeal by the production company, Focus TV Produktions GmbH (Focus TV), against the first instance decision by the Hannover Administrative Court. Focus TV had lodged an application for temporary relief from the decision to award its competitor, the Development Company for Television Programs (DCTP), a licence as an independent third party for programmes broadcast by RTL Television (see IRIS 2004-2: 9, supra). The application for the re-establishment of the suspensive...

The entry into force on 1 January 1997 of the Rundfunkstaatsvertrag (the Agreement between the Federal States on Broadcasting ­ RstV), in the form of its third amendment, introduced new rules on the protection of diversity of opinion into Germany's broadcasting regulations. Part of this series of standards was a measure to attribute broadcasting time to third parties as a means of ensuring diversity (see IRIS 1997-2: 13 and IRIS 1997-3: 13). These so-called third parties are required to be totally independent of the main programme organiser. Under section 31, paragraphs 1 and 3 of the RstV, the...

The relevant regional regulatory body, the Landesmedienanstalt Berlin-Brandenburg (Berlin-Brandenburg Regional Media Authority ­ MABB), must make a fresh decision over the allocation of broadcasting time to the Berlin TV company, Fernsehen aus Berlin GmbH (FAB). In a judgment of 13 November 2003 the Berlin Verwaltungsgericht (Administrative Court ­ VG) set aside the MABB 's initial decision and instructed it to make a fresh decision, in which it was to take account of the Administrative Court's interpretation of the law. The FAB had applied for a seven-year extension of its broadcasting permit...