Sub-licensing rules relating to the exploitation of Eurovision rights on pay-TV channels(Text with EEA relevance)
1. 9. 1999 EN Official Journal of the European Communities C 248/7 Sub-licensing rules relating to the exploitation of Eurovision rights on pay-TV channels (1999/C 248/05) (Text with EEA relevance) The following rules shall apply, as an obligation additional to the general rules on EBU non-members’ access to Eurovision sports programmes adopted on 24 February 1993, when collectively acquired rights are to be exploited on a member’s own pay-TV channel. (i) If a Eurovision member intends to use Eurovision sports programming on its own pay-TV channel (pay-per-view, pay-per-channel or, subject to point (v) below, a channel which is part of a digital bouquet or of a basic cable package), it shall offer competing pay-TV channels in the same pay-TV category and in the same country the possi- bility to do the same. To do the sameí means: - identical embargo, if any, to that applying to the member’s own pay-TV channel, - identical competitions to those presented on the member’s own pay-TV channel (e. g. eliminatory round matches, mixed-doubles tournament, everything up to the quarter-finals, etc. ). Where the member presents a mix of competitions which take place simultaneously, or at least partially overlap in time, the non-member may choose to present its own mix, unless instead it prefers to cover the entirety of one given competition, or available comparable/equivalent competitions to those presented on the member’s own pay-TV channel (e. g. of 10 matches for presentation on a pay-TV channel, the member would retain five matches for its own channel and offer five equivalent matches to the competing pay-TV channel). If the non-member is not satisfied that áequivalenceí has been given, it shall be entitled to demand the rights for identical competitions, - identical volume of broadcast time as that offered on the member’s own pay-TV channel (e. g. a maximum of two hours per day). (ii) The member remains free to offer the non-member more favourable conditions. taking into account (iii) The fee to be paid by the non-member shall fairly reflect the terms on which the rights were obtained by the Eurovision member, in particular the comple- mentary nature of the rights, the volume and timing of the broadcast and which of the three pay-TV categories referred to in point (i) above the channel operates in, as well as the number of its subscribers and the amount of its monthly subscription or per-view fee. The same pricing policy shall apply where a member grants a non-member the right of pay-TV coverage, without itself exercising that right. In case of a dispute over the fee, the matter shall be in accordance with point 5 of submitted to arbitration, the general rules on EBU non-members’ access to Eurovision sports programmes. (iv) The member shall announce any possibility under the foregoing paragraphs for non-members’ pay-TV channels sufficiently in advance of the event, but in no case later than: - three months before Olympic Games, World and European Football Championships and World Athletics Championships, and - two months before any other events. (v) Channels which are part of a digital bouquet (basic package) or a basic cable package are not subject to the foregoing the same programme service is simultaneously rules if free-to-air broadcast, reception in the same country. in analogue or digital mode, for In the case of a pan-European sports channel, the same shall apply where the service is broadcast, with at least one sound commentary in one of the major European languages, for free-to-air reception throughout the European broadcasting area, and where for the convenience of the respective local audience the same service is simultaneously made available as part of a digital bouquet or a basic cable package with a local sound commentary