Media Study - Medija centar Beograd

Austria
In Austria, all general requirements for all media are addressed in the Media Law which also extends to on-demand
media services and online services. Thus, all general content and accountability requirements cover online media.
However, on-demand online media enjoy certain liability privileges so as to avoid overregulation of personal
integrity rights: providers are only liable if they acted neglectfully.
2.6.5.2 MUST CARRY
Cable
General
Cable Regulation aims to ensure diversity, fairness, and equal access to distribution. It should also enhance a stable
environment for future investments. At the technical level, it provides for frequency regulation and other technical
regulation (avoidance of interference, spectrum allocation for new channels). Spectrum requires allocation, at least
for new channels. It is, however, being considered to liberalize the use of cable frequency if limits for interference
radiation are not exceeded and security relevant radio services are not affected.
All programme providers which enter a ‘feeding in agreement’ with the cable operator must notify (to announce in
written) cable retransmission with the national regulatory agency. This -notification does not mean that
programmes falling under the jurisdiction of another member state have to be registered in Germany to be
distributed. The principle of single registration and jurisdiction of the audiovisual media services applies to all
irrespectively of the means of distribution (satellite, cable, internet). The feeding in agreement addresses explicitly
remuneration to the cable operator and copyright issues.
The operator of an analogue cable network must assign the channels so as to ensure full coverage with public
broadcasting programs in their coverage area. If the capacity to transmit programs is insufficient, the regulatory
agency decides which programs are to be prioritized on 17 channels according to specific criteria. There are a total
of 36 channels.
Digital cable networks are subject to the following “must carry” rules
Cable operators "must-carry" public broadcasting programs and their packages.
One third of the capacity must be assigned in accordance with diversity criteria for providers and
programmes including non-linear media services.
The cable operator can assign the remaining capacity as he sees fit in accordance with the law.
The regulatory authority must be informed in advance about the fulfillment of must carry obligations.
Access to cable must be open and non-discriminatory (including at the technology level).
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