On 18 July, the Belgian Conference of Electronic Communications Sector Regulators ("CRC"), including the Vlaamse Regulator voor de Media, the Conseil Supérieur de l'Audiovisuel, the Medienrat and the The Belgian Institute for Postal Services and Telecommunications (Belgisch Instituut voor Postdiensten en Telecommunicatie/Institut belge des services postaux et des telecommunications - the "BIPT"), published two decisions (the "Decisions") which contain new rules concerning television broadcasting and the broadband market in Belgium.
As reported in Van Bael & Bellis on Belgian Business Law, Volume 2011, No. 5, p. 11, in May 2011 the CRC had notified draft decisions on the markets for wholesale infrastructure and broadband access and on the retail market for broadcasting services in Belgium to the European Commission. In its reply, the European Commission criticised the CRC's proposal to oblige the cable operators to allow access to their networks. In particular, the European Commission questioned the proportionality of both the broadband internet resale obligation and the analogue TV resale obligation. The European Commission provisionally took the view that these two suggested obligations impose disproportionate obligations on the cable operators that may stifle investment and innovation.
The CRC claims to have taken account of the European Commission's remarks in its final decisions which entered into force on 1 August 2011 and contain the following key obligations:
Upon request, the Belgian cable operators (AIESH, Brutélé, Numéricable, Tecteo and Telenet) must offer:
• Access to their analogue TV resale offer;
• Access to their digital TV resale offer (except to Belgacom which already provides digital services through its own DSL network). AIESH, which does not own a digital platform, is exempt from this obligation;
• Access to their broadband Internet resale offer (except to Belgacom). As with the previous obligation, AIESH is not subject to this obligation.
In the CRC's view, the decisions will allow Belgacom to include analogue television in its commercial offer but will at the same time oblige Belgacom to open up its network for alternative television providers.
The telecommunications operators will be offered assistance from the regulators in the implementation process of the different technical and financial conditions. The obligations provided for in the Decisions must be implemented by the end of October 2012.
Meanwhile, cable operators Tecteo and Telenet lodged an appeal against the Decisions with the Brussels Court of Appeals. Both operators challenge the fact that the CRC supposedly took account of the European Commission's remarks on the draft decisions.
