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According to the Estatuto de Radio y Televisión (the Statute of Radio and Television) of 1980 (Act 4/1980), the Director of the national public broadcaster Ente Público de Radiotelevisión Española (RTVE) is appointed by the Government (Article 10.1), which can also dismiss him/her (Article 12). Since the Statute was approved in 1980, many social and political groups have complained that the rules governing the appointment of the Director of RTVE have not been defined in a manner that insulates the Director from the risk of political interference. However, none of the governments that have taken...

In July 2001, the Spanish Parliament passed a new Ley de fomento y promoción de la cinematografía y el sector audiovisual (Act on the promotion of the film industry and the audiovisual sector). The main aims of this Act are to promote the production, distribution and exhibition of European and Spanish audiovisual works and to protect the Spanish audiovisual heritage. At the national level, the authority in charge of achieving these aims will be the Instituto de Cinematografía y Artes Audiovisuales (Cinema and Audiovisual Arts Institute - ICAA). This autonomous body derives its authority from the...

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...