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IRIS 2002-2:1/12 [ES] Regulation of Catalan Audiovisual Council on Fulfillment of TV Quotas

In October 2001, the Catalan audiovisual regulatory authority, the Consell de l'Audiovisual de Catalunya (Catalonian Audiovisual Council, "CAC"), issued a Regulation establishing a procedure with the aim of verifying whether Catalan broadcasters comply with the quotas on European and independent audiovisual works established by articles 5, 6 and 7 of Act 25/1994 on the incorporation of the EC "Television without Frontiers" Directive into Spanish Law. These articles of Act 25/1994 oblige broadcasters to reserve a majority of their transmission time for European works, as well as at least 10% for...

IRIS 2002-2:1/11 [ES] Ministry Issues Guidelines on TV Advertising Regulation

The Spanish regulation relating to television advertising can be found in Chapter III of Act 25/1994 on the incorporation into Spanish law of the EC "Television without Frontiers" Directive. In 2001, the European Commission initiated infringement proceedings against Spain for its poor application of the provisions of Directive 89/552/EEC dealing with television advertising (see IRIS 2001-4: 3). The national authority in charge of applying those provisions, the Ministerio de Ciencia y Tecnología (Ministry for Science and Technology), considered that in order to enforce them properly, it was necessary...

IRIS 2002-2:1/10 [ES] Decree on Creation of Regional Public Television Channel in Castilla-La Mancha

In December 2001, the Spanish Government approved a Decree authorising the Government of the Autonomous Community of Castilla-La Mancha to operate a regional analog terrestrial television channel (see IRIS 2000-9: 8). According to this Decree and to Act 46/1983 (the "Third TV Channel Act"), only a company wholly owned by the regional public authorities may operate this channel. The Decree also stresses that the creation of this new regional public television channel has to be made in accordance with the 1998 National Technical Plan on Digital Terrestrial Television (DTTV), which fixes a deadline...

IRIS 2002-2:1/9 [ES] Bill on Creation of National Regulatory Authority for Broadcasting Sector

Spain is one of the few countries within the European Union and the Council of Europe in which the main authority for the audiovisual sector is not an independent regulatory body. There is a regulatory authority in Catalonia (Consell de l'Audiovisual de Catalunya) and in Navarra (Consejo Audiovisual de Navarra) (see IRIS 2001-9: 10) and, at the national level, there is an independent authority, the Comisión del Mercado de las Telecomunicaciones (Telecommunications Market Commission), which has some powers concerning the audiovisual sector. However, at the national level, the authority that has...

IRIS 2002-2:1/8 [ES] Appeal against Decree on TV Users' Right to Programme-Planning Information Dismissed

In October 2001, the Tribunal Supremo (Supreme Court) dismissed an appeal against some provisions of Decree 1462/1999, which implements Act 25/1994 on the incorporation into Spanish Law of the EC "Television without Frontiers" Directive. Decree 1462/1999, which only applies to national broadcasters, deals, inter alia, with the right of television users to receive accurate information on the programme planning of television channels (see IRIS 1999-10: 10). The Decree establishes that a broadcaster shall release its programme planning at least eleven days before broadcast. Broadcasters are required...