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On 22 April 2002, the Media Council of the Sächsische Landesanstalt für privaten Rundfunk (Saxony private broadcasting authority - SLM) issued an order, instructing cable network operator PrimaCom AG to carry certain channels. The order arose from a complaint lodged by the two public service broadcasters ARD and ZDF against PrimaCom AG at the end of January. ARD and ZDF claimed that PrimaCom was not making their digital programme bundle fully available to viewers in Leipzig. They argued, inter alia, that by refusing to retransmit them as part of the bundle, PrimaCom had withheld from viewers important...

In a ruling of 20 March 2002, the Oberlandesgericht Brandenburg (Brandenburg Appeal Court - OLG Brandenburg) decided that Deutsche Telekom, as cable network operator for the public broadcaster Ostdeutscher Rundfunk Brandenburg (ORB), is not entitled to charge a fee for carrying ORB's programmes. The court of second instance rejected Deutsche Telekom's claim to a monthly fee of EUR 51,000 for feeding ORB into its cable network. However, the OLG Brandenburg recognised the fundamental importance of the case and granted leave to appeal against its ruling. So far, Deutsche Telekom has not taken up the...

On 4 April 2002, the Regulierungsbehörde für Telekommunikation und Post (Regulatory Authority for Telecommunications and Post - RegTP) published the main principles that will govern the allocation of frequencies when digital terrestrial television (DVB-T) is introduced. According to the guidelines, the basic process for allocating frequencies consists of an invitation for tender preceded by an application procedure. The guidelines, which are based on the second half of Art. 47.5.2 in conjunction with Arts. 11.1, 11.6, 10 and 73.3 of the Telekommunikationsgesetz (Telecommunications Act), lay down...

On 20 March 2002, the Bundesministerium für Justiz (Federal Ministry of Justice) published a draft new Urheberrechtsgesetz (Copyright Act - UrhG-E). The proposed Act, entitled Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft (Act regulating copyright in the information society), would ensure that Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society was transposed into German law before the December 2002 deadline. The new Act will, amongst other things,...

In a recently published ruling, the Landgericht Stuttgart (Stuttgart District Court - LG Stuttgart) decided that Europe-wide satellite broadcasting of a film, whereby exploitation rights were transferred without time restrictions but were limited geographically to German-speaking areas, was not subject to the regulations set out in Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, provided the film was broadcast before the Directive was transposed into German law....