Dear Channel 4...

Called “Television without Frontiers”, there is an obscure EU (89/552/EEC CHAPTER II, Article 2) directive states:

“2. Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by this Directive.”

It is this paragraph that German public service broadcasters, then the BBC and soon-to-be ITV broadcast their public service channels free-to-air on digital satellites.

So why can BSkyB insist that Channel 4 encrypts Channel 4, More 4 and E4 on satellite, when this would conflict with EU and therefore UK law?

There are reports today of complaints to Ofcom, so perhaps they can finally decide who is right about encrypting public service channels on satellite?

http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ....X:31989L0552:EN:HTML

this was posted in digitalspy forum

cifpower
Forum Member


Join Date: Jun 2004
Location: The Saucy Arethusa
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Posts: 6,357 The following is a reply to an e-mail I sent to Sky yesterday:


Quote:
Dear Mr Matthews,



Your email to James Murdoch dated 10 October has been passed to me to respond to.



As you know, More 4 launched on 10 October on a free-to-air basis on Freeview. The channel is also available from Sky as part of Sky's subscription television programme services, and from UK cable operators (principally ntl and Telewest) on the same subscription basis. It is also available from Homechoice (a dsl operator) as part of its subscription services. Therefore the channel is only available on a FTV basis as part of Freeview.



It is inaccurate and misleading for Channel 4 to claim that Sky has "blocked" them from making More 4 available on a FTV basis. Sky's contract with Channel 4 in respect of More 4 only anticipates Sky making the channel available as part of Sky's subscription services.



It is worth pointing out that, whilst public service status has been awarded to Channel 4, the same is not true of More 4. In terms of broadcast status and positioning, More 4 is actually no different to Channel 4's other main general entertainment service, E4 (which is available on all platforms in the UK on the same basis as More4).



Regards



Richard Freudenstein

It's not like turning off the encryption would be that difficult.

I'd put money on the Directive saying that Channel Four and BSkyB are required to NOT ENCRYPT any channel that is broadcast free-to-air by terrestrial transmitters.

It's not possible for any company to over-ride the law, even if it's against their business model.

Does anyone at Channel 4 know a good lawyer?

C4/E4/M4 advertisers: There are over HALF A MILLION freesat boxes, just think how many millions more people could be watching C4/E4/M4!

quote:

Originally posted by Briantist:
It's not like turning off the encryption would be that difficult.

I'd put money on the Directive saying that Channel Four and BSkyB are required to NOT ENCRYPT any channel that is broadcast free-to-air by terrestrial transmitters.

It's not possible for any company to over-ride the law, even if it's against their business model.

Does anyone at Channel 4 know a good lawyer?

channel4 have said nothing regarding this they have not replyed to my e-mail as to why i was informed over the phone by thier staff that it would be free on sat.
We don't even know if they are even unhappy about this it seems not

quote:

Originally posted by drumoyneguy:
channel4 have said nothing regarding this they have not replyed to my e-mail as to why i was informed over the phone by thier staff that it would be free on sat.
We don't even know if they are even unhappy about this it seems not

It would be great if Channel 4 sorted this out - say by joining the BBC/ITV Freesat service.

The BBC have gone FTA, ITV is doing it soon, C4/E4/M4 shedding their encryption would give a green light to the other channels on Freeview that are not free-to-air on satellite to be so...

In my letter to OFCOM, I suggested that it was a market regulatory matter that the terms of rights for the UK should be equal between the BBC & ITV (Freesat on Astra 2D) and C4/FIVE (using MediaGuard).

It is clearly unfair on citizens that viewers of two PSBs have to pay an encryption fee whilst viewers of the other two don't.

What exactly differs between programme rights for BBC & ITV against C4 & FIVE.

Perhaps OFCOM could tell?

I suspect not.

Anyway, I hope this is a major humiliation for Channel Four's management and an embarassment to Tessa Jowell. The whole thing is a shambles, and we've barely begun Digital switch-over.

quote:

Originally posted by Briantist:
It's not like turning off the encryption would be that difficult.

It probably would; it's entirely possible licensing restrictions may prevent C4 from broadcasting their content in-the-clear to Europe.

let us be clear..all this nonsense about rights is exactly that ..nonsense...you cannot stop a beam from outer space being looked at by others in other countries....there is now a single european market...free movement of goods and services....so just as a car dealer cannot stop you going to another country to buy a car..even though they are apponted by the manufacturer with the rights to sell in that zone..so tv companies cannot stop you watching ...if they do it is against the very meaning of the single european state.

and if oh by the way anyone thinks that the whole of europe is sitting and waiting on the edge of their seats for itv or channel 4 to go in the clear ..think again..I know because I live in southern europe part of the time...and there are NO lines of people waiting to buy dishes when bbc went in the clear nor will there be when itv does the same or one day even this lot at C4!!!

quote:

Originally posted by martinj:
there is now a single european market...free movement of goods and services

This assumes that one company owns the rights for all of Europe. For instance, many companies share production costs in a joint production of a series and that includes the exclusive rights to show it in their own country. You cannot underestimate the power of some major countries when it comes to territorial rights.

RTE1 & 2 are available as signals on Astra 2D (outside of the Sky package) but if you tune in to them you get a blue screen saying it is unavailable in the UK. Why? Perhaps it is the programming or more likely the advertising that would breach territorial boundaries... or both.

I don't agree with it but you only have to look at the Region Codes on DVDs to know how precious territories appear to be.

it is in fact a single market..their are no borders...as i say you may have areas where a firm works...eg say a franchise for exampe to sell fords in cambridge...but ford cannot stop you buying a ford anywhere in europe.

some think that the whole of europe is waiting for these uk channels...dont flatter yourselves..they are not the slightest bit bothered.

the encoding of signals is more to do with sky controlling your viewing....

quote:

Originally posted by martinj:
it is in fact a single market..their are no borders...as i say you may have areas where a firm works...eg say a franchise for exampe to sell fords in cambridge...but ford cannot stop you buying a ford anywhere in europe.

You are comparing apples to oranges as media companies do not follow the same rules as car firms.

As for Europe not bothered about our channels .. I think you'll find the reverse is true also!

quote:

Originally posted by Briantist:

... then the BBC and soon-to-be ITV broadcast their public service channels free-to-air on digital satellites.

If this is the case then why do we run the risk of heavy fines and going to jail for a licence fee if we are, effectively, giving the channels away free to those in Western Europe who have a dish big enough to receive them?!

am I afraid there is no difference between apples and oranges in europe....it is one market...for ford cars ...and for media companies

as I mentioned ,....I do live in Europe...let me once again assure you that when bbc went free to air...there were NO LINES of people at our local version of curries wanting to buy sat dishes...nor since itv 3 went free to air has there been any change...people in europe are NOT interested in uk television,...despite all the proganda that uk is the best in the world.

quote:

Originally posted by martinj:
am I afraid there is no difference between apples and oranges in europe.....

Still, it must be difficult driving your satellite dish on the wrong side of the road?!

quote:

Originally posted by martinj:
am I afraid there is no difference between apples and oranges in europe....it is one market...for ford cars ...and for media companies.

You may be interested in this email I received from RTE - I asked
"Having read your PSB charter you mention the EEC directive "Television Without Frontiers" - are you not obliged in this directive to broadcast "in the clear" so that people, such as myself, can watch your programmes using the
Astra 2D satellite. If this is not the case could you please explain why? "

Their respone was :-

"RTÉ is obliged to provide a "free-to-air" service where possible in the Republic of Ireland. We have no obligation to provide a service outside of the Republic. Our terrestrial transmitter network is accessible in 99% of households in the Republic of Ireland. This level of service is sufficient to meet our obligations. If members of the public living in Ireland choose to access their RTÉ signal by other means, whether that is satellite, cable or MMDS, that is their choice and payment to the carrier platform must be made. People who live outside of Ireland can make their own arrangements. RTÉ generally speaking only has broadcasting rights for acquired programming for the Republic of Ireland. An agreement is in place for Northern Ireland, but not for any other part of Europe."

So, no matter how free you think the market is for cars it is NOT the case for broadcasters it seems!

yes heard the old chesnut about rights...sky quote it all the time...bbc used to do so as well to such a nonsense state that one bbc region could not show its stuff to other bbc regions because of "rights"...now all the nonsense has gone and anyone watching on astra can watch whatever bbc region they want ......they are all within the uk...and also we are all in one europe..so the same applies.

whatever rte say ...it is as much rubbish as when fords (for example) said they could not supply right hand drive vehicles from europe...they now can ...and so should tv companies endorse the free movement of goods and services within the single european market.

to hide behind the rights issue is a cop out..when channel 5 started they went straight on sat on a free to view basis..and so anyone in europe could watch them.

here in portugal we often have spill over from spain on normal tv reception..i dont think spain has built a huge 200 metre wall to stop its sighnal being received on the border

FYI, I've had no reply, not even a receipt from Sod-Off-Com, who's disinterest and ineptitude never fail to disappoint.

I'd expect a useless reply next Spring, if I'm lucky.

Why is More4 run by such disinterested duplicitous cretins? Don't answer that.