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On 12 June 2001, the directors of the Landesrundfunkanstalten (Regional Public Service Broadcasting Companies) adopted a policy document on access to the broadband cable network. The document calls in particular for equal, non-discriminatory access for public service channels to the cable network. The question of access is expected to cause problems in the future because, following the sale of the regional cable companies, the new majority shareholders are not only network operators, but also own shares in programme providers. The danger of vertical market structures that arises when networks...

On 11 April 2001, the Oberlandesgericht Düsseldorf (Düsseldorf Regional Court of Appeal - OLG) issued temporary injunctions to prevent Callahan Nordrhein-Westfalen GmbH (CNRW) from taking over cable network operator NetCologne. The Bundeskartellamt (Federal Cartels AuthorityBKartA) had sanctioned the proposed merger on 4 April 2001. It had decided that, bearing in mind the number of NetCologne customers, the merger would only slightly strengthen the dominant market position of the cable network operator CNRW in respect of programme providers and level 4 network operators. It also thought that...

In a ruling of 8 March 2001, the Oberlandesgericht München (Munich Court of Appeal - OLG) dismissed an appeal by an Internet Service Provider (ISP) against a judgment of the Landgericht München I (First Munich District Court - LG), which had decided in principle that the appellant was entitled to compensation from the ISP. The case concerned the operation of an online forum for the exchange of MIDI files. MIDI files are digital recordings of synthesized music, usually pop music. Members of the forum were able to upload MIDI files onto the server or download them onto their own computers with complete...

Following two rulings announced by the Bundesverwaltungsgericht (Federal Administrative CourtBVerwG) on 25 April 2001, Deutsche Telekom AG (DTAG) is now obliged to provide its competitors in the market for telecommunications services for the public with "unbundled access" to the local loop. DTAG must therefore ensure that its competitors have access to the copper or fibreglass cable without bundling it with other services. In both appeal hearings, the Court examined the legitimacy of the intervention by the then Federal Ministry for Post and Telecommunications (BMPT) which, as the regulatory authority...

On 10 April, the Gemeinsame Stelle Digitaler Zugang (Joint Digital Access Board) of the Direktorenkonferenz der Landesmedienanstalten (Congress of Land Media Authority Directors - DLM) adopted a policy document on the sale of the level 3 cable networks by the Deutsche Telekom Aktiengesellschaft (German telecommunications company - DTAG). In the document, the DLM assesses the prospects and risks connected with the restructuring of the cable market and discusses the cable networks' position at the crossroads of media, telecommunications and cartel law. The DLM then announces practical measures it...