Avis du 26 janvier 2022 portant sur le projet de décision tenant à la régulation du marché de gros amont de la diffusion hertzienne terrestre par l'Arcep

On January 26, 2022, the French regulatory authority for audiovisual and digital communication, Arcom, adopted an opinion on the draft decision concerning the regulation of the upstream wholesale market for terrestrial hertzian diffusion by the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse (Arcep). The new regulation scheme is based on commitments proposed by TDF and made binding by Arcep, in place of the obligations previously imposed by the regulator.

The market in question, relating to hosting on the sites of the incumbent operator, TDF, for the benefit of broadcasters who do not have the same infrastructure capacities, indirectly determines the conditions of competition on the downstream market for the diffusion of TV channel content. The choice of diffusion supply is all the more important for TV channels as they are legally obliged to cover almost the whole of mainland France with terrestrial reception, and competitive tension between broadcasters remains fragile.

Arcom therefore considers it necessary to maintain ex ante regulation of this market, designed to facilitate conditions of access to TDF sites, to the ultimate benefit of the diffusion supplies offered to television broadcasters. The scheme should contribute to limiting broadcasting costs for channels, to the benefit of their investments, particularly in programs and content.

The need to maintain this framework must also be considered in the light of the major challenges facing the sector, linked to developments in usage, tending towards the development of non-linear consumption on screens other than the television set.

While reiterating the importance of TDF's proposed commitments continuing to have an impact on the dysfunctions observed in this market, and even though it points out that certain commitments summon particular attention from Arcep, Arcom has issued a favorable opinion on the draft regulation submitted to it.

Browse below forArcom's opinion of January 26, 2022 on the draft decision concerning Arcep's regulation of the upstream wholesale market for terrestrial broadcasting.