|The Danish Radio and Television Broadcasting Act|
- ACT No. 1052 of 17 December 2002
BE IT KNOWN that the Folketing has enacted and We Margrethe the Second, by the Grace of God, Queen of Denmark, have given Our Royal Assent to the following Act:
Chapter 1 - Provision of programme services
1. The following enterprises shall have the right to provide programme services as stated in Section 2.
1) Danmarks Radio, cf. Chapter 4.
2) TV 2/DANMARK, cf. Chapter 5.
3) The regional TV 2 stations, cf. Chapter 6.
4) Enterprises having been licensed under Chapter 8 to provide national or regional programme services on the basis of a special licence, or which can, under Section 47, provide programme services without a licence.
5) Companies, associations, etc. and municipalities licensed under Chapter 9 to provide programme services within a local area, or which can, under Section 52, provide local programme services without a licence.
(2) The Minister for Culture may in special cases authorise that enterprises other than those stated in subsection (1) may provide programme services in larger traffic installations on safety grounds. The Minister for Culture may lay down detailed rules for such programme services.
(3) Programme services shall be provided in accordance with the Act and any provisions laid down pursuant to the Act, as well as any terms on which the programme licence is granted.
2. Provision of programme services shall be taken to mean
1) broadcasting of sound and television programmes to the general public by means of radio equipment, and
2) distribution through communal aerial installations of sound and television programmes which are not also broadcast as mentioned in item 1.
(2) Within the meaning of this Act, the term "communal aerial installation" shall mean communal aerial installations and other cable systems for the distribution of sound and television programmes to premises used for private residence.
Chapter 2 - Distribution of sound and television programmes
Distribution of sound and television programmes by means of terrestrial digital television broadcasting opportunities
3. Distribution of Danish and foreign sound and television programmes by means of terrestrial digital television broadcasting networks may only take place with a licence from the Radio and Television Board.
(2) Licences shall be granted by the Radio and Television Board following tendering.
(3) When granting licences, the Board may lay down the terms of the licence.
(4) The Minister for Culture may lay down detailed rules for tenders under subsection
(2). In this connection it may be determined that the Radio and Television Board shall lay down detailed guidelines as to the auctioneer's powers, ownership issues and minimum bids, etc.
(5) Licences may, however, be granted to Danmarks Radio, TV 2/DANMARK and the regional TV 2 stations as determined by the Minister for Culture.
4. Provision of services under Section 3 may be subject to the payment of a concession fee.
(2) The minimum amount, calculation basis and payment terms of the concession fee shall be specified in the tender documents.
(3) The Radio and Television Board may withdraw a licence granted under Section 3, if the licensee
1) infringes the Act or any provisions laid down pursuant to the Act, where such infringement is gross or frequently repeated, or
2) disregards the terms upon which the licence is granted.
Distribution of sound and television programmes via communal aerial installations
5. Danish and foreign sound and television programmes received directly by way of aerial systems or by cable transmission may only be distributed in communal aerial installations unchanged and simultaneously with the actual broadcasting or transmission.
(2) Subtitling and similar, and time-lagging of programmes are allowed, provided that the radio or television enterprise concerned has consented thereto.
(3) Transmission of local programmes via the public telecommunications networks is permitted only within the area covered by the licence to provide programme services or the registration of programme services. However, local programmes broadcast by means of radio equipment may also be transmitted to the municipalities bordering on the area comprised by the licence and to municipalities bordering on such municipalities.
6. Owners of communal aerial installations shall ensure that the sound and television programmes broadcast by means of radio equipment by Danmarks Radio, TV 2/DANMARK and the regional TV 2 stations, cf. Sections 12, 22 and 31, including the regional programmes intended for reception in the area concerned, are distributed via the installations. This also applies to programmes on the fourth FM radio channel, cf. Section 11 (2). Digital programmes broadcast by Danmarks Radio and TV 2/DANMARK shall only be distributed if other digital programmes are distributed in the installation.
(2) It shall not be permitted to convert the digital programmes stated in subsection (1), clause 3, in communal aerial installations unless a simultaneous digital distribution of the same programmes takes place.
(3) If the installation has more than eight channels, one channel must also be available for local television programmes broadcast in the area concerned pursuant to Chapter 9.
(4) Should the installation distribute programmes in packages,
1) all such packages shall contain the programmes covered by subsections (1), (3) and (5), and
2) an option shall be provided solely to purchase a package which either only contains the programmes stated in subsections (1), (3) and (5), or which only contains these programmes and other programmes for which the price is so low that the price of these supplementary programmes only constitutes a fraction of the total price for the package.
(5) The Minister for Culture may lay down rules concerning the extent to which programmes on the fifth FM radio channel, cf. Section 11 (3), shall be distributed via communal aerial installations.
7. The Minister for Science, Technology and Development may issue regulations on access in communal aerial installations to use decoders which convert encrypted signals into television signals which can be immediately reproduced by television sets. The regulations may contain rules for:
1) Programme providers' access to use a common decoder system, which is used in the communal aerial installation.
2) Programme providers' access to use own decoders.
3) Programme providers' access to settlement directly with the users.
4) Fees to cover the expenditure related to the administration of Section 7, including the provisions issued pursuant thereto.
8. The National IT and Telecom Agency shall supervise compliance with Section 6 and any regulations issued pursuant to Section 7. The Agency may in conjunction with its supervision direct owners of communal aerial installations to comply with Section 6 and any regulations issued pursuant to Section 7. Decisions pertaining to Section 6 may not be brought before any other administrative authority.
(2) The Minister for Science, Technology and Development may not issue orders to the National IT and Telecom Agency concerning exercise of its official authority in relation to concrete cases, concerning the consideration and decision of individual cases, concerning the Agency's issue of administrative regulations in areas subject to the Agency's authority, or concerning the other supervisory activities of the Agency in order to ensure compliance with this Act and any administrative regulations issued pursuant thereto.
(3) The Minister for Science, Technology and Development may not grant exemptions from administrative regulations issued by the Minister pursuant to this Act.
9. Complaints against decisions by the National IT and Telecom Agency pursuant to Section 7 of this Act may be brought before the Tele