The decree law on terrestrial digital TV announced by the Ministry for Industry is in breach of current legislation

The draft decree law for the promotion of terrestrial digital TV (DTT) governing Pay TV that the Ministry for Industry has presented to the Telecommunications and Information Society Advisory Board (Consejo Asesor de las Telecomunicaciones y para la Sociedad de la Información - CATSI), an advisory body reporting to the ministry, is in breach of legislation on public sector contracts which regulates contracts to private terrestrial, analog and digital television broadcasters.

The existing legal framework governing contracts to national TV channels is quite different and sets out certain bidding conditions. When Antena 3 TV, Telecinco and Sogecable tendered bids, no broadcast format was at that time stipulated, while VEO (El Mundo), NET (Vocento) and La Sexta were required to broadcast free-to-view.

The findings of the advisory body, the Council of State (Consejo de Estado) and the Supreme Court are clear on this issue. The modification of Government contracts for different television operators must comply with legal norms of practice, which this decree does not respect.

This improvised reform is the latest in a series of legislational changes (decree law and draft for public television funding) which favors some television broadcasters over others such as those who broadcast via satellite, cable and ADSL.

The intention of the ministry to regulate, by decree law, all pay services on digital terrestrial television (conditioned access services) is therefore in breach of the law, responds to no social need and highlights the clientelism of the policies of this department. Pay terrestrial digital TV could make a positive contribution to the general TV model, but only if it is set up following the appropriate time frame and by using the appropriate mechanisms, in this case a law sanctioned by parliament. The Ministry for Industry's policy contradicts the promise given by the prime minister over the past two legislatures to present an Audiovisual Law that would appropriately and reasonably regulate the sector. PRISA and Sogecable will resort to the courts to appeal any regulatory measure such as this one that has been announced by the ministry.