The Czech Association of Electronic Communications (CAEC) has criticised regulation pertaining to must carry in legislation paving the way for the transition from analogue to digital broadcasting that came into effect at the beginning of this year. In its view, the regulation does not comply with European law and appears both inadequate and discriminatory.
Specifically, the legislation includes a provision in which “the retransmission broadcaster within a cable system was primarily obliged to ensure, when creating the minimum program offering, that it include broadcasting of all nationwide terrestrial digital programs not protected by the conditional access system that the nationwide broadcaster disseminates based on a licence for nationwide terrestrial digital television broadcasting or based on a compensation licence.”
The CAEC believes that this particular provision violates principles to which the Court of Justice drew attention to in a ruling on December 13, 2007.