Paris, 17 December 2015
Audiovisual broadcasting: ARCEP adapts its regulation to a market in decline
ARCEP has been responsible for regulating the wholesale market for digital terrestrial TV (DTT) broadcasting services since 2006.
ARCEP reviewed its analysis of this market through a process that began in late 2014, during which the sector's stakeholders as well as national and European institutions were consulted. After having received positive responses from France's Competition Authority and broadcasting authority, CSA (Conseil supérieur de l'audiovisuel), and having taken into consideration the observations of the European Commission and the positions expressed by the sector's stakeholders during the two public consultations held on the matter, today ARCEP adopted its analysis Decision No. 2015-1583 on the wholesale market for digital terrestrial TV broadcasting.
For this fourth round of analysis, ARCEP has adapted its regulation to a market in decline. Eventually, because of the structural changes in viewing habits and the networks, the market could be deregulated (1). Under these circumstances, the main objective of the next round of regulation will be to continue to lift any remaining obstacles to infrastructure-based competition to encourage shared investments, under a tower company model, while motivating multiplexes, i.e. buyers, to become fully aware of the vital role they play in stimulating competition.
ARCEP is also publishing the responses it received to the public consultation on its draft decision, which ran from 12 June to 15 July 2015, along with a summary of these responses and the European Commission's observations of 25 November 2015 on the draft decision notified on 26 October 2015.
(1) In its observations of 25 November 2015 on the draft decision notified by ARCEP, "the Commission welcomes the efforts that ARCEP has made to reduce the regulatory burden over the course of the next round, with a view to full market deregulation in due course".
Summary of responses to the public consultation (pdf - 410 Ko)
Stakeholders' responses (zip - 4.23 Mo) (zip)
France's Competition Authority opinion (pdf - 418 Ko) (pdf - in french only - 24th July 2015)
CSA opinion (pdf - 1.27 Mo) (pdf - in french only - 16th September 2015)
ARCEP Decision No. 2015-1583 of 15 December 2015 on the definition of a relevant wholesale market for digital terrestrial television broadcasting services, on the designation of an operator with significant power in this market and the obligations imposed on the SMP operator in this market (pdf - 2.06 Mo)