Paris, 14 April 2006
ARCEP’s decisions define the regulation framework for wholesale broadcasting offers on terrestrial television for coming years.
In accordance with the new regulatory framework, ARCEP’s decisions based on the analysis of market 18 establish:
- the definition of the corresponding relevant market
- the operator exercising significant power on this market, in this case, TDF
- the obligations imposed on the operator under ex ante regulation
ARCEP considers that this market analysis is valid for a period of three years. However, it may revise it should market conditions vary significantly during this period.
The obligations imposed on TDF cover access for its competitors to its terrestrial television broadcasting network.
ARCEP’s market analysis concluded that it was necessary to impose on TDF the obligation of account separation for the entire relevant wholesale market.
ARCEP also considered it proportionate to impose on TDF several obligations on the market segment of wholesale digital terrestrial broadcasting offers. These obligations are as follows :
- obligation to grant reasonable requests for access
- obligation to provide access under non-discriminatory conditions
- obligation of transparency (publication of an offer)
- obligation of price control (no excessive or predatory pricing)
- obligation to formalise, using protocols, the prices and conditions of services within TDF, without prejudice to the decision that ARCEP will adopt at a later date to clarify the obligations of cost accounting and account separation
The stages in the market analysis process
These market analysis decisions mark the conclusion of a long process of information collection, competition analysis and sector consultation, by the Conseil supérieur de l’audiovisuel, the Conseil de la concurrence, the European Commission and the regulatory authorities of Member States of the European Union.
The final steps of the process were concluded on 24 and 27 February 2006:
- on 24 February, the European Commission responded to ARCEP’s submission of its draft decisions for the analysis of Market 18. It made two observations: one on the need to conduct an analysis of the wholesale market upstream of audiovisual broadcasting services offered to publishers, and the other on the need to closely monitor the evolution of competition on the wholesale market for FM radio broadcasting services. ARCEP has taken note of these observations in drafting its decision.
- on 27 February, ARCEP received a contribution to its public consultation launched at the same time as the submission to the Commission
- decision n° 06-0160 of 6 April 2006 on the definition of the relevant wholesale market for terrestrial broadcasting of television programmes and on the designation of an operator with significant power on this market n° 06-0160 (pdf - 243 Ko)
- decision n° 06-0161 of 6 April 2006 on the obligations imposed on TDF as a powerful operator on the relevant wholesale market for terrestrial broadcasting of television programmes n° 06-0161 (pdf - 173 Ko)
- Comments from the European Commission on the draft decisions submitted by ARCEP pdf (pdf - 46 Ko)
- TDF’s contribution to the public consultation launched at the time of submission to the European Commission pdf (pdf - 631 Ko)