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IRIS 1997-2:1/24 [DE] Broadcasting time for "independent third parties"

The entry into force on 1 January 1997 of the Agreement on Broadcasting between the Federal States in United Germany in the form of its third amendment dated 26 August - 11 September 1996 (RfStV) introduces rules in the Federal Republic's broadcasting regulations which use various instruments in order to protect diversity of opinion in private broadcasting ( see also IRIS 1996-8: 12). Included in this complex of standards is a measure to ensure diversity (Section 30, no.1 in conjunction with Section 31 of the RfStV) by allowing broadcasting time to third parties which are independent of the main...

IRIS 1997-2:1/18 [DE] Bill on Information and Communication Services in legislative procedure

A decision of 11 December 1996 by the Federal Cabinet has sent a Bill regulating the framework conditions for information and communication services (IuKDG) on to the Federal Council for its opinion. As reported in IRIS 1996-6:5 and IRIS 1996-8 :5, the proposed legislation takes the form of a number of framework regulations and is intended, in conjunction with the National Media Services Agreement to be elaborated by the Länder , to lay down the legal framework for the multimedia field. The draft being submitted now to the Federal Council is only slightly different from the original November 1996...

IRIS 1997-2:1/10 [DE] Judgment by the Bavarian Administrative Court on illegal levying of a participation fee

On 09.01.1997 the Bavarian Administrative Court delivered a second-court judgment against the the Bavarian Regional Office for New Media ( Bayerische Landeszentrale für neue Medien - BLM) setting aside its judgment on the basis of the Bavarian Media Act (BayMG) on 26.05.1994 and the corresponding appeal judgment. This also amended the judgment of 16.10.1995 by the Administrative Court in Würzburg. A private cable operator, the überlandwerk Unterfranken AG, had complained that it had been obliged by the BLM to conclude an agreement with the media operating company according to which the latter...

IRIS 1997-2:1/9 [DE] What makes a cable operator? Bavarian court decides

The applicant operates several broad band cable facilities in Bavaria, using them to relay radio and television programmes received on his personal satellite installation to connected, fee-paying households. On 23 May 1996, he lodged a complaint against the notification requirement embodied in Section 38 I of the Bavarian Media Act and the requirement, embodied in Section 38 II of the Act, that contracts on the retransmission of satellite programmes be concluded with two media operating companies responsible in this area. He argued that he was not an operator within the meaning of Section 38 I...

IRIS 1997-2:1/8 [DE] Federal Constitutional Court decision on media concentration

On 18 December 1996, the Federal Constitutional Court rejected several constitutional appeals by the Berlin-Brandenburg Media Authority ( Medienanstalt Berlin-Brandenburg - MABB) as inadmissible. The appeals referred to legal disputes concerning the licensing of the German Sports Television Channel ( Deutsches Sportfernsehen DSF), which is part of the Kirch group. Although several Land media authorities had suggested that licensing DSF might be incompatible with the ban on concentrations contained in the 1991 Agreement on Broadcasting between the Federal States in United Germany, the Bavarian Regional...