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The Comisión del Mercado de las Telecomunicaciones (the Telecommunications Market Commission - CMT), is an independent regulatory body whose main duty is to safeguard the existence of free competition in the telecommunications and audiovisual and interactive services markets. The CMT recently approved several resolutions related to the audiovisual market: - In March 2001, the CMT launched a public consultation on the shared use of decoders in a digital environment. According to Act 17/1997, which incorporates Directive 95/47/EC into Spanish Law, the CMT must ensure that the providers of conditional...

On 24 May 2001 the Tribunal Supremo (Supreme Court) decided to allow the Government of the Autonomous Community of Canarias to provide Digital Terrestrial Television (DTTV) services. Decree 2169/1998 on the National Technical Plan on Digital Terrestrial TV currently identifies a regional multiplex in each Autonomous Community, which will initially carry four DTTV programme services. The regional DTTV programme services shall be operated by private broadcasters, once they have been awarded a concession following a public tender. However, the Decree reserves two DTTV programme services for the regional...

In November 2000, the Andalusian Government approved a Decree on Local Terrestrial TV. This Decree regulates the granting of concessions for the provision of local TV services in Andalusia. The Decree implements national legislation in this field, in particular the national Act on Local Terrestrial TV (Act 41/1995). However, the national Government regarded this Andalusian Decree as not being fully compliant with Article 7 of the national Act 41/1995, which prohibits the creation of local networks and (with some exceptions) the local terrestrial TV concessionaires from entering into networking...

In April 2001, the Parliament of the Autonomous Community of Madrid decided to pass a new Act on Audiovisual Content and Additional Services. This Act implements some provisions of the national Act 25/1994 (as amended by Act 22/1999), which incorporates the "Television Without Frontiers" Directive into Spanish Law. The new Madrid Act deals expressly with the protection of minors and with the right of TV users to receive accurate information on the programme planning of TV channels, as recognised by Article 18 of Act 25/1994. It ought to be pointed out that this new Madrid Act does not cover some...

On 30 April 2001, the Tribunal Supremo (Supreme Court) rejected an appeal by the broadcaster Sogecable against Decree 2169/1998 on the National Technical Plan on Digital Terrestrial TV (DTTV). According to the applicant, the Decree should be deemed illegal for several reasons: a) The Decree regulates analog switch-off, which is supposed to take place before 2012. The applicant said that this matter should have been regulated by an Act of Parliament. Besides, Sogecable argued that it was disproportionate to impose the abandonment of analog TV in order to introduce DTTV. b) The applicant claimed...