Greece now has a month to explain why it places restrictions on satellite TV providers controlling or investing in terrestrial TV operators.
In late September the European Commission (EC) sent Greece a formal notice on account of its national legislation regulating pay services. Accompanying this, it said: “The Greek legislation currently prohibits the holder of a licence for pay satellite radio and television services and its shareholders, associated persons and affiliates to participate in, or to control, any other radio or television content provider active through terrestrial free or pay radio or TV networks. The Commission considers this to introduce an unjustified restriction to the free movement of capital and the freedom of establishment set out in Articles 63 and 49 TFEU, preventing potential investors from investing in radio or television content providers active through terrestrial free or pay radio or TV networks. Without a satisfactory response by Greece within two months, the Commission may decide to send a reasoned opinion”.
According to mLex, the Greek satellite TV provider Nova told the EU regulator early last year that the legislation illegally limits its ability to expand in the country’s media sector. The rules forbid a satellite TV operator like Nova — the second of only two providers — from controlling or investing in terrestrial TV operators.
The EU’s executive arm has concluded this is indeed an unjustified restriction to the free movement of capital and the freedom of establishment, as set out in the Treaty on the Functioning of the EU.
