EUROPEAN COMMISSION - PRESS RELEASE
Commission asks Bulgaria to ensure open and nondiscriminatory access to digital terrestrial
broadcasting infrastructure market
Brussels, 22 March 2012 - The Commission considers that Bulgaria did not comply
with the requirements of the Competition Directive when it assigned in 2009 the five
spectrum lots available for digital terrestrial broadcasting via two contest
procedures, limiting without justification the number of undertakings that could enter
the market concerned. Moreover, the selection criteria of the contest procedures
were disproportionate and therefore not in line with the requirements of the
Competition, Authorisation and Framework Directives. Applicants were not allowed
to have links with content providers (TV channels operators), including operators
active only outside Bulgaria, or with broadcasting network operators.
The decision takes the form of a reasoned opinion, the second step in infringement
proceedings under Article 258 of the TFEU. Bulgaria now has two months to inform
the Commission of the measures taken to address the breach of EU Law and allow
effective entry into the Bulgarian digital terrestrial broadcasting infrastructure. If the
national authorities do not reply satisfactorily within two months, the Commission
may refer the matter to the Court of Justice.
The Commission welcomes Bulgaria's recent announcement of the launch of a
tender procedure for the assignment of this spectrum. In December 2011, Bulgaria
amended its legislation to allow for the launch of a new tender procedure before 1
September 2013. The Commission expects Bulgaria to publish the conditions of the
tender as soon as possible, so that potential new entrants can prepare their
applications, be selected and enter the market before the date set for the analogue
switch off, 1 September 2013. The Commission will monitor that the tender
conditions are in line with the Directives and allow effective entry into the digital
terrestrial broadcasting infrastructure market.
IP/12/298
Background
The transition from analogue to digital broadcasting by 2012 constitutes one of the
EU’s policy objectives. This change creates the opportunity to ensure a more
efficient use of radio frequencies and to re-arrange a significant proportion of the
spectrum for new services (‘the digital dividend’). In order to ensure that this
process leads to the entry of new players capable of enhancing competition and
expanding viewer choice, the Commission monitors that the rules set out in the
Competition, Authorisation and Framework Directives for the allocation of this
spectrum capacity are complied with. These rules require that rights of use for radio
frequencies are allocated by way of open, transparent, objective, non-discriminatory
and proportionate procedures, without prejudice to general interest objectives.
The Commission intervened also regarding the assignment of digital broadcasting
spectrum in other Member States, notably Italy (see IP/06/1019) and France (see
IP/11/1115).
The applicable EU legislation is the following:
Commission Directive 2002/77/EC of 16 September 2002 on competition in the
markets for electronic communications networks and services (‘Competition
Directive’), Official Journal L 249, 17.9.2002, pp. 21-26.
Directive 2002/20/EC of the European Parliament and of the Council of 7 March
2002 on the authorisation of electronic communications networks and services
(‘Authorisation Directive’), Official Journal L 108, 24.4.2002, pp. 21-32.
Directive 2002/21/EC of the European Parliament and of the Council of 7 March
2002 on a common regulatory framework for electronic communications networks
and services (‘Framework Directive'), Official Journal L 108, 24.4.2002, pp. 33-50.
For more information on EU infringement proceedings, see (Sec Gen IP on March
infringement round).
Current figures on infringements in general can be found here.
Contacts :
Antoine Colombani (+32 2 297 45 13)
Marisa Gonzalez Iglesias (+32 2 295 19 25)
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