The EC said to have taken into account the specific situation of the Dutch market and decided to clear the Dutch telecoms regulator’s proposal to impose regulatory obligations on the four largest cable operators in the Netherlands, Ziggo, UPC, Delta and CAIW. These obligations will allow alternative providers of radio and TV ('RTV'), such as satellite, digital, terrestrial, DSL and fiber signals to compete more effectively with the broadcasting offers over cable. Moreover, Ziggo and UPC will have to allow other market parties to sell the formers' analogue radio and TV package. In the same instance, the reminded OPTA to avoid prolonging analogue transmission services as this could lead to inefficient investments and limit the development of innovative digital services and infrastructures. OPTA was asked to effectively implement the detailed terms and conditions of the remedies required in order to generate a market structure, which is more prone to competitive dynamics. Once such a structure has been achieved, the proposed obligation should be withdrawn as soon as possible.

Viviane Reding, Information Society and Media Commissioner said: “I fully support the view of the Dutch telecoms regulator OPTA that more competition is needed in the broadcasting markets in the Netherlands" and continued "this is why the EC gives a clear 'green light' to OPTA's proposal to impose competition enhancing regulation in the Netherlands. Consumers in the Netherlands are waiting for better offers and lower prices for broadcasting services."

Neelie Kroes, Competition Commissioner added: "Regulating analogue RTV should not have the effect of postponing the move towards digitisation. For that reason, the Dutch regulator should ensure that the resale obligation of analogue RTV programmes is removed as soon as possible".

At the moment around 80% of households receive their radio and TV services from cable operators in the Netherlands. Alternative platforms such as satellite, digital terrestrial, DSL and fibre have not managed to gain a strong foothold in the Netherlands. With the new regulatory measures by OPTA alternative platforms should be able to take up analogue transmission over the cable platform and further develop their own digital offers.

Background:

On January 9th, 2009, OPTA notified the EC of a draft decision on the market for wholesale broadcasting transmission services in the Netherlands as required by Article 7 of the EU Framework Directive (new regulatory framework for electronic communications and services). The EC answered with a letter to the Dutch regulator, OPTA, sent under the "Article 7" procedure.

To access the European Commission’s letter please click here.

To access the EC press release, please click here.