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IRIS 2004-9:1/3 European Commission: Proceedings Instigated Against Germany for Support of DVB-T in Berlin-Brandenburg

In July 2004 the European Commission initiated state aid proceedings against the Federal Republic of Germany in accordance with Article 88 (2) of the EC Treaty with respect to the examination of the financing of DVB-T in Berlin-Brandenburg (see IRIS 2004-6: 5) . The complaint concerns the subsidies (the so-called Ausgleichsgebühr), paid to broadcasters by the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg media authority - mabb). These subsidies represent 30% of the transmission fee that private broadcasters have to pay to the operator of the DVB-T network (T-Systems). As part of a frequency...

IRIS 2004-8:1/10 [CA-DE] Agreement between Canada and Germany concerning Audiovisual Relations

On 22 June 2004 an agreement was signed between Germany and Canada concerning audiovisual relations between the two countries. A similar agreement signed in 1978 is no longer in force. The aim of the new agreement is to create the necessary environment for German/Canadian co-productions in the film, television and video sectors, with a view to promoting the German and Canadian film industries and encouraging cultural and economic exchanges. The German and Canadian governments are also convinced the agreement will strengthen relations between the two countries. The agreement itself contains several...

IRIS 2004-7:1/12 [DE] Navigator Standards

In May 2004, the Gemeinsame Stelle Digitaler Zugang (Joint Digital Access Office - GSDZ) of the Landesmedienanstalten (Land media authorities) published a paper on the navigator standards set out in Art. 53 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement). The Agreement defines navigators as "systems ... which control the selection of television programmes and which are used as user interfaces for all services offered via that system". According to the GSDZ document, they therefore include all navigation systems which act as user interfaces once the viewer has switched on their...

IRIS 2004-7:1/11 [DE] Automatic Advertising Blocker Legitimate

In a ruling of 24 June 2004, the Bundesgerichtshof (Federal Supreme Court - BGH) confirmed that a so-called television advertising blocker was admissible under competition law (see IRIS 1999-10: 7). The dispute between a private TV broadcaster funded through commercial advertising and the defendant concerned a device produced and sold by the latter, which could be connected to a TV or video recorder. This device automatically switches to a channel without advertisements whenever there is a commercial break on the selected channel. At the end of the advertisements, the device switches back to the...

IRIS 2004-6:1/20 [DE] ARD Increases its Contributions to Film Industry Funding

In line with the announcement made in the run-up to the re-enactment of the Film Support Act (FFG) as amended, the revised version of which came into effect as early as 1 January 2004 (see IRIS 2004-1: 10 and IRIS 2003-5: 14), the directors of the Public Service Broadcasting Union of the Federal Republic of Germany (ARD) at a meeting on 31 March 2004 in Saarbrücken, decided to increase the funding paid to the German film industry. The directors gave their consent to the conclusion of the 8 Film and Television Convention with the Film Support Authority (FFA) in accordance with § 67, Paragraph 1,...