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Week ending November 29, 2008

ACT - COMMERCIAL TV WELCOMES POLITICAL AGREEMENT ON THE ELECTRONIC COMMUNICATIONS FRAMEWORK - November 28 2008
from Utta Tuttlies/ACT

The Association of Commercial Television in Europe (ACT) representing the interests of the commercial broadcasting sector in Europe welcomes the political agreement reached by the Telecommunications Council yesterday on the widely discussed Electronic Communications Package. The Package was presented by the European Commission in 2007 to update the telecommunications rules from 2002 and is currently being negotiated among the EU institutions. It affects commercial broadcasters both in terms of access to infrastructure and distribution of content.

Ross Biggam, Director General of the ACT, commented: “It will be helpful to adopt the Electronic Communications Package still under this legislature. We are very positive that similar to the European Parliament the Council has also recognised the important role of Member States when it comes to spectrum allocation and management”. Given the heterogeneity of the national media markets, the respect for the principle of subsidiarity should remain the guiding principle in the field of spectrum. Against this background the EU should avoid any proscriptive regulation on spectrum issues and should carefully consider the role and powers of the European Commission. This relates particularly to those instances where the Commission could aim at centralising procedures that are dealt with at national level and aim at a wider and more powerful role than one of encouraging and coordinating measures among Member States.

When it comes to the review of licences for frequencies, commercial broadcasters are concerned about the current status of the discussions. In line with the current text, a review of licences should take place after five years. We welcome that a review is no longer compulsory as originally suggested by the European Commission. However, the existence of such a review provision can jeopardize the business model of commercial broadcasters which is based on the need for long-term investments and legal certainty so as to be able to invest in new high quality services for consumers. In this context we also question whether there is an appropriate legal basis for the EU competence to oblige Member States to call into question existing licences awarded and accepted in good faith.

Finally, commercial broadcasters stress the importance of fair rules between all players in the broadcasting market. The ACT therefore welcomes the Council’s position, which creates more clarity and supports equal treatment of both public and private broadcasters in this field.

EC - Commission takes court action to prevent excessive spot-advertising on Spanish TV - November 27 2008

The European Commission today decided to bring Spain before the European Court of Justice for failing to comply with the rules on advertising in the EU's "Television without Frontiers" Directive. This is the final stage of an infringement procedure started in July 2007 (IP/07/1062). The main publicly funded and the commercial TV channels in Spain regularly fail to limit advertising and teleshopping spots to 12 minutes per hour, often by several minutes. While recognising the need to finance commercial programmes with advertising, the "12-minute-rule" was set up by the EU so that viewers would be protected from excessive spot-advertising on TV. The European Parliament and the Council of Ministers confirmed the "12-minute-rule" during the recent modernisation of the Directive (IP/07/1809).

"In spite of our calls for action, Spain has not put the European limit of 12 minutes of spot-advertising per clock hour in place," said Viviane Reding, EU Commissioner for Information Society and Media. "By excluding short forms of so-called 'telepromotions' and 'advertorials' from this European limit, the Spanish administration is contributing to a saturation of viewing time in Spain with what should be treated, under European law, as spot advertising. Apart from the negative effects this is likely to have on advertising spending – a major source of financing for free-to-air broadcasters – this sustained bombardment is bad for viewers. The Commission therefore asks the European Court of Justice to oblige Spain to take the necessary measures to make sure that Spanish citizens can benefit from the common EU rules and enjoy their evening in front of the television as much as the EU citizens in other Member States.”

In the European Commission’s view, Spain has misinterpreted the EU's "Television without Frontiers" Directive by defining “advertising spot” too narrowly. This means that it does not count various forms of advertising like micro-slots, short telepromotions and advertorials within the 12 minute per hour limit. These familiar features of Spain's audiovisual landscape are subject to a different 17 minute per hour limit, despite having all the characteristics of spot adverts.

The Commission monitored Spanish compliance with the EU's "'Television without Frontiers" Directive between May 2005 and July 2006, finding that the 12 minutes per hour limit was regularly broken to a serious degree. It sent a warning to Spain on 11 July 2007 (IP/07/1062) and a reasoned opinion on 6 May 2008 (IP/08/700). The Spanish authorities replied on 8 and 16 September 2008 but did not agree with the Commission's analysis.

Today’s decision comes nearly one year after the entry into force of the new "Audiovisual Media Services without Frontiers" Directive on 19 December 2007, which reaffirms the "12 minute-rule". The Commission and the Member States are working actively to prepare the prompt and consistent transposition of the new Directive into national law. Next month, the Commission will mark its anniversary with an update on the state of its implementation across the EU.

SANEF supports Reuters and other news agencies in boycott of Cricket Australia - November 27 2008
from Sophie Brendel/ThompsonReuters

Though viewing its action with deep regret, the SA National Editors' Forum places on record its full support of international news agencies Reuters, Associated Press, Agence France-Presse and Getty Images in suspending their news coverage of cricket matches, training sessions and associated commercial events in Australia in text, pictures and TV.

The agencies state that having been confronted with unacceptable accreditation terms for photographers and camera crews imposed by Cricket Australia, they have been forced to take this action which will have a deeply limiting effect on the public's ability to be informed about cricket events in Australia.

In announcing its decision to suspend coverage, Reuters states that press freedom and protecting the interests and coverage rights of its global client base is of key importance to it. “While it is our sincere wish to provide the world's media with premium, timely text, photographs and TV, freedom of the press, intellectual property (rights) and our editorial integrity are at the core of our business and these must be respected'', Reuters stated. Sanef fully supports those views.

Sanef notes with concern that New Zealand's two major newspaper media groups APN New Zealand and Fairfax NZ have signed the agreements “reluctantly and under duress'', according to their statement, and have thus been enabled to cover a two-match Test series in Australia. New Zealand Press Association, however, remained locked out of the first Black Caps test in Brisbane and its correspondent Mark Geenty was forced to cover the match from outside the ground so that the association could service its clients without breaching Cricket Australia's terms and conditions for media coverage. Sanef regards such pressures on news coverage as totally unacceptable.

Sanef is aware that South Africa's cricketers will be playing in Australia in December and that coverage by the SA media is likely to be seriously limited as a result of this unacceptable situation which has resulted in restrictions on media news coverage.

Sanef expresses its alarm at what has become only too apparent in the sports world. Sporting codes have gained control over highly lucrative sporting events such as the World Cup and international Rugby and Cricket. They have done so as a result of the work of the media in building up over many years those sports and events into world class major entertainments and crowd pullers. Now the sporting codes wish to impose restrictions and other measures designed to enable them to reap the lucrative benefits from the events while denying the media proper facilities for coverage.

Sanef calls on South African sporting codes to support the media in retaining its rightful place in the coverage of these major sports and also calls on world and national sporting administrators to remove the accreditation impediments and respect the media's editorial integrity and role in informing the public.

This statement is being sent to Cricket Australia, Reuters and the other news agencies, Fifa and the SA Sports Confederation and Olympic Committee.

Christoph Pleitgen, Global Head of News Agency for Thomson Reuters:

"Reuters is regrettably unable to cover the upcoming cricket events in Australia, following unacceptable accreditation terms for journalists imposed by Cricket Australia" said Christoph Pleitgen, Global Head of News Agency for Thomson Reuters.

"As in previous instances, this decision compromises our ability to report independently and objectively, and comes at the expense of global fans and sponsors.

"We would like to resume our timely, premium coverage as quickly as possible, pending a solution to the current situation. However, freedom of the press and protecting the news interests and coverage rights of our global clients are at the core of both our business and Reuters editorial principles, and these must be upheld."

OFCOM - Radio numérique en Suisse romande: sept candidatures de diffuseurs privés - November 25 2008

La deuxième plateforme numérique destinée à la Suisse romande a intéressé sept diffuseurs privés qui souhaitent obtenir une concession pour la diffusion de programmes radio DAB+. La procédure de consultation est ouverte dès aujourd'hui, les intéressés peuvent prendre position jusqu'au 23 décembre. Après analyse des dossiers, les décisions seront rendues au printemps 2009.

Le 30 septembre 2008, à l'échéance du délai pour le dépôt des candidatures à une concession radio DAB+ avec droit d'accès garanti, sept candidatures sont parvenues à l'Office fédéral de la communication (OFCOM). Pour une bonne partie, celles-ci sont issues de partenaires déjà connus dans le monde des médias, à savoir des radios locales présentes sur la bande OUC mais aussi de radios Web.

Dans le courant du mois de novembre, les dossiers ont été complétés, au besoin, selon les demandes de l'office avant d'être soumis à consultation à partir du 25 novembre. Les milieux intéressés peuvent consulter les documents sur le site internet de l'OFCOM et ont jusqu'au 23 décembre pour se prononcer. Puis l'autorité procédera à l'analyse des dossiers. Les décisions finales reviendront au Département fédéral de l'environnement, des transports, de l'énergie et de la communication. Les concessions pour la diffusion des programmes pourront être octroyées dans le courant du printemps 2009.

Les sept candidatures:

1. ROM Radio (projet lié à Rouge FM)
2. FriRadio (projet lié à Radio Fribourg)
3. Radio Jazz International (Monsieur Philippe Zumbrunn)
4. Radio Roc (projet lié à Radio Chablais)
5. Maxxima (projet lié à la webradio Maxxima et à Rouge FM)
6. Radio Verticale (projet lié à Radio Rhône)
7. Soprodi Sàrl (projet lié à Monsieur Pierre Steulet, en collaboration avec Romandie FM SA)

En outre, la SSR s'est portée candidate pour la mise en place sur cette plateforme d'un programme francophone dédié à l'information. Ce dossier est également publié sur le site internet et soumis en consultation, en parallèle aux demandes émanant des privés. L'autorité concédante pour cette demande de la SSR est le Conseil fédéral.

Broadcasting Board of Governors Statement on the Resignation of Edward Kaufman - November 24 2008
from Latitia King/BBG

Edward Kaufman joined the Broadcasting Board of Governors (BBG) at its creation in 1995, bringing with him a wealth of experience and enthusiasm for public service and for the foreign policy mission of the agency.

Mr. Kaufman has been a dedicated guardian of the journalistic independence of our broadcasters and a passionate advocate of the Agency's mission. He helped lead the BBG to become an independent federal agency in 1999, and set a standard for the bipartisan work of the Board.

Mr. Kaufman was instrumental in initiating an integrated research program to inform programming and transmission decisions. He worked tirelessly to stop censorship of U.S. international broadcasting, most notably of the Voice of America and Radio Free Asia in China. He advocated for emergency surges in broadcast hours to areas of the world - such as Burma and Kenya - when crises erupted. In 1999, during the conflict with Serbia over Kosovo, he helped establish the transmission 'ring around Serbia' that ensured the integrated international broadcasts of accurate news and information in the Serbian language. Mr. Kaufman was instrumental in the launch of Radio Free Asia in 1996 and the move of the Office of Cuba Broadcasting (Radio and Television Marti) from Washington to Miami, Florida in 1997.

Mr. Kaufman understands the impact of international broadcasting and has always been quick to credit the brave reporters in the field and dedicated employees behind the scenes who are essential in providing reliable news and information to audiences suffering censorship and lack of press freedom.

The Board sincerely wishes to thank Ted for his thirteen years of dedicated service to U.S. international broadcasting, and to wish him well as he takes up his new duties representing the state of Delaware in the U.S. Senate. The people of Delaware are fortunate to have a man of such distinction as their Senator.