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IRIS 2002-10:1/33 [DE] Federal Administrative Court Gives a Decision in the Legal Dispute between Broadcasters and RegTP

On 10 October 2002, in the legal dispute setting broadcasting corporations against the Regulierungsbehörde für Post und Telekommunikation (Regulatory Authority for Telecommunications and Post - RegTP), the Bundesverfassungsgericht (Federal Administrative Court - BVerwG) dismissed a points-of-law appeal from the broadcasters against a decision given by the court of first instance. The subject of the original dispute had been an objection raised by the Regulatory Authority against Deutsche Telekom AG (DTAG) on account of the charging of different fees for the feeding-in into cable networks of signals...

IRIS 2002-10:1/15 [FR] Michel Boyon Submits his Report on Digital Terrestrial Television

On 17 July 2002, the Prime Minister Jean-Pierre Raffarin asked Michel Boyon, a former chairman of Radio France, to report on certain aspects of digital terrestrial television (DTT) in order to enlighten the Government in its decision-making on three points - financing methods and an evaluation of the cost of the operations for reorganising frequencies necessary for setting up terrestrial digital television, the parameters of the public-service television channels on DTT, and the conditions for developing local television stations. This followed on from questions from the Chairman of the Conseil...

IRIS 2002-10:1/11 [DE] Exploitation Rights Agreement between ARD, ZDF and Film Producers

On 4 September 2002, public service broadcasters ARD and ZDF announced that they had reached an agreement with the Arbeitsgemeinschaft Neuer Deutscher Spielfilmproduzenten (Association of New German Film Producers), under which the rights to publicly funded co-productions would, in future, revert back to the producers after five rather than seven years. ARD and ZDF have therefore met the request of German film producers, who had originally demanded that the period be limited to three years. German production companies had complained that they would not benefit sufficiently from the growth potential...

IRIS 2002-10:1/10 [DE] LPR Alleges Breach of Alcohol Advertising Rules in SAT.1 Swiss Advertising Window

At its meeting on 16 September 2002, the general assembly of the Landeszentrale für private Rundfunkveranstalter (Regional Authority for Private Broadcasters - LPR) of Rheinland-Pfalz issued an official complaint about the TV broadcaster SAT.1. The complaint concerned a commercial for alcoholic drinks, broadcast in summer 2001. SAT.1 SatellitenFernsehen GmbH broadcasts in Switzerland where, thanks to the increasing freedom granted by the LPR, it is able to broadcast special advertising windows. The LPR's permission is conditional on the Swiss advertising windows being subject to Swiss law. According...

IRIS 2002-10:1/9 [DE] Admissibility of Pornographic Broadcasts

In a judgment of 19 September 2002, the Bayerisches Verwaltungsgericht München (Bavarian Administrative Court, Munich - VG München) ruled on the admissibility of pornographic television broadcasts. It referred to the rules of interpretation laid down in the judgment issued by the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) on 20 February 2002 (see IRIS 2002-3: 7), which established an important principle. The case concerned the lawfulness of a ban imposed by the relevant supervisory authority, the Bayerische Landeszentrale für neue Medien (Bavarian Office for New Media - BLM),...