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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?
     
 
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