UPC is required to transmit Canal+ programmes in digital format at half the tariff: OPTA rejects UPC’s objections

At present Canal+ pays for two analogue channels. Only one channel is required for the transmission of the two programmes in digital format. This is the reason why OPTA is of the opinion that the tariff may be halved for the time being. A subsequent audit, which OPTA is currently conducting, will have to reveal whether this provisional tariff is appropriate. If this tariff is reduced, UPC will ultimately be required to refund any excess payments to Canal+. However, the latter will be required to supply all of its subscribers with a decoder to enable them to receive the digital programmes.

UPC now has two weeks within which it is required to provide Canal+ with clarity about the decoder standard which the cable company will be using, if it switches completely to digital transmission itself. Canal+ will then have a fortnight to reveal whether it will actually be starting to transmit its programmes in digital format. OPTA is seeking to determine the final transmission tariff within several months.

In a previous decision (on 9 July 1999) OPTA ruled that UPC was required to offer digital transmission as of 15 September 1999. This date still applies. This means that Canal+ is entitled to the reduced tariff with retrospective effect. However, it will still be required to pay the tariff for two channels during a transitional period, which is needed to supply its customers with digital decoders.