4 August 2008: Written demand to the EU Commission:
Participation of the News Corp. in Premiere TV
Referring to the announcement of a fusion (subject COMP/M.5121
– NewsCorp/Premiere) and the press release published in that
context (IP/08/1012), I ask the commission, whether:
it is aware that the German
chain Sport Digital TV certainly covets the technical access
to the Premiere subscribers, however, it has not received it
for months already? Is this a violation of the obligation that
the COM has imposed on News Corp for its participation in
Premiere? If yes, what restrictions will News Corp now have to
count with?
it knows that Premiere takes
refugee in the so-called “Premium Sports“ clause and that way
can block the access of sports broadcasters to the subscribers
basis of Premiere? How is it supposed to be assured that the
access to the Premiere subscribers for all offerers of PAY
services on third platforms takes place at equal and
discrimination-free conditions?
it takes into account the
fact that there is no CI/Ci+ module for the incription system
NDS used by Premiere? How does that square with the demands of
the commission for the installation of a CI in IDTVs above a
screen diagonal of 30 cm? Will the COM therefore oblige NDS to
offer the NDS incription technology also on a CI/CI+ module?
If not – how can a closed set-top
box market in Germany be prevented? How does the COM want to
make sure that in the future there will still be a specialised
market for Premiere set-top boxes?
and how it will be insured
that third Pay TV agents can really market their offers
technically to Premiere subscribers? What control mechanisms
did the COM demand to that end from the News Corp? How does
the COM want to exclude a second Sport Digital TV?
and how does the commission
want to make sure that the offers of third Pay TV agents can
also be found by the Premiere subscribers? Are there
obligations with view to the order of TV channels (Free-to-air
and Pay-TV) for the NDS Middleware? Is there a need for
reference by Premiere to future new offers by third agents?
and to what extent the
presentation of the public channel in terms of programme place/assortment
by Premiere was checked by the COM and are there obligations
on that?