Notification of cooperation agreements — Case COMP/C-2/38.363 — BBC enterprises and others (Text with EEA relevance)
Date: 2002-04-17
Institutions: European Commission
Subjects: European Commission, cooperation agreement, copyright, exchange of information, television, transmission network

C 91/6

EN

Official Journal of the European Communities

17.4.2002

Notification of cooperation agreements

Case COMP/C-2/38.363 — BBC enterprises and others

(2002/C 91/04)

(Text with EEA relevance)

1.
On 21 January 2002, the Commission received a notification pursuant to Articles 2 and 4 of Council
Regulation No 17 of three agreements between BBC Worldwide Limited, ITV Network Limited, Channel
Four Television Corporation, Sianel Pedwar Cymru, Association de Gestion Internationale Collective des
Œuvres Audiovisuelles, Irish Music Rights Organisation, Authors' Licensing and Collecting Society Limited,
the Design and Artist Copyright Society Limited and Phonographic Performance Ireland Limited (the
‘Rightsholders’). The agreements relate to the transmission in Ireland of free-to-air television broadcasts
initially created for and transmitted to television households in the United Kingdom. In practice, those
signals are picked up ‘off air’ by operators of cable networks and by deflector operators in Ireland and are
retransmitted to their own customers. These agreements grant licences to the operators of cable and
deflector networks to retransmit those broadcasts in Ireland.

2.

The notified agreements apply for the period 1 January 1999 to 31 December 2002. They consist of:

(i) the agreement between the Rightsholders and cable operators, (the Cable Licence Agreements). This
agreement provides for the grant jointly by the Rightsholders of a non-exclusive licence for the
purpose of transmitting or retransmitting in analogue or digital form television programme services
to subscribers to diffusion services (i.e. cable networks) and by means of multipoint microwave
distribution systems in the territory; the Rightsholders are or represent the owners of copyright
and related rights in the television programme services broadcast within the UK and which are
covered by the Agreement;

(ii) the Rightsholders Agreement. The provisions include (1) the division and payments of revenues
received from the licences; (2) indemnities; and (3) the appointment of the Irish Music Rights Organi-
sation to administer the retransmission agreements on behalf of the other Rightsholders;

(iii) The 1999 Television Deflector Operator's Licence. This agreement provides for the grant jointly by the
Rightsholders of a non-exclusive licence for the purpose of retransmitting (provided that such
rebroadcast shall consist only of simultaneous and unabridged UHF rebroadcasts of the broadcasts)
of the television programme services.

The notified agreements update arrangements previously notified to the Commission in 1991 for which an
administrative comfort letter was issued in 1993. In 1998, that comfort letter was extended to cover the
renewal of the arrangements in 1995.

Upon preliminary examination, the Commission finds that the notified cooperation agreements could

3.
fall within the scope of Regulation No 17.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 20 days following the date of this publication.
Observations can be sent under reference number COMP/C-2/38.363 by fax (32-2) 295 01 28 or by post
to:

European Commission,
Directorate-General for Competition,
Office J-70 0/18,
B-1049 Brussels.