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IRIS 2004-5:1/7 [AT] Draft Amendment to Broadcasting Acts Tabled

On 20 April 2004, the media department of the Bundeskanzleramt (Federal Chancellery) tabled a comprehensive Bill amending three Broadcasting Acts. If passed, this would represent the biggest shake-up since the legal framework was reorganised in 2001. For the first time, national private radio will be permitted. In recent years, in order to make radio broadcasting more profitable, shareholding restrictions have been relaxed and channel takeovers facilitated; now, it will be possible to exploit additional synergies by combining licences. This will only apply to existing licences. Private radio stations...

IRIS 2004-4:1/11 [AT] First Commercial Terrestrial TV Broadcaster ATV+ Achieves Required Coverage

ATV+ is the only terrestrial TV operator providing programmes throughout Austria. After a few years as a cable channel, it has also been broadcasting terrestrially since June 2003 (see IRIS 2002-4: 5). This commercial broadcaster offers (almost) a full programme service, showing a large proportion of light entertainment. The licensing authority, Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria) stated that ATV+ should be accessible to at least 75% of the Austrian population either by terrestrial means or via cable within a year of the licence being granted. The Rundfunk-...

IRIS 2004-4:1/10 [AT] Importance of Diversity of Opinion in Licensing Decision

In its judgment of 17 December 2003, the Verwaltungsgerichtshof (Administrative Court) ruled on a complaint about the appeal decision made by the Bundeskommunikationssenat (Federal Communications Office) concerning a radio licence. The Court gave its views for the first time on key issues concerning the granting of licences and frequency allocation in accordance with the Privatradiogesetz (Commercial Radio Act - PrR-G), issues which may also be important for the television sector. As part of a legal procedure, the relevant regulatory body, Kommunikationsbehörde Austria (Austrian Communications...

IRIS 2004-3:1/7 [AT] Digitisation Plan Published

On 5 February 2004 the Austrian broadcasting regulator, Kommunikationsbehörde Austria (KommAustria) published the digitisation plan for the introduction of digital terrestrial television. The plan, which is based on Art. 21.5 of the Privatfernsehgesetz (Private Television Act), comprises the strategy proposed by KommAustria for the introduction of digital terrestrial television (DVB-T) throughout Austria, as well as a timetable for its implementation. According to the plan, the transition will take place in four stages. The first (preparatory) phase, which began in 2003 and will conclude at the...

IRIS 2004-3:1/6 [AT] Broadcasting Transmission Market Definitions

On 14 January 2004, the Austrian broadcasting regulator, Kommunikationsbehörde Austria (KommAustria) published the "Decree on the sector-specific regulation of relevant markets for broadcasting transmission services to deliver broadcast content to end users". This marked the end of the consultation process that began last summer (see IRIS 2003-9: 6) and of the related coordination procedure. Two markets relevant to ex ante regulation are defined: the market for terrestrial transmission of FM radio and the terrestrial television broadcasting market. The Decree entered into force on 16 January....