Cable companies are required to treat programme providers equally: NMa and OPTA issue common guidelines for access to cable networks.

Cable companies are required to provide all television and radio programme providers with access to cable networks subject to the same conditions and at a cost-oriented tariff. This means that a cable company, which is usually the most extensive user of its own infrastructure, may not favour itself over other users of its cable network. Neither are programme providers required to contribute to the transmission of the mandatory programme package by cable operators.

The Netherlands Competition Authority (NMa) and the Independent Post and Telecommunications Authority (OPTA) have stipulated this in their guidelines for access to cable networks. These guidelines constitute the basis for the consideration of disputes between the cable companies and programme providers. Since the jurisdiction of NMa and OPTA overlap partly in this respect, the two regulatory authorities have decided to publish common guidelines.

Under the terms of the Media Act [Mediawet] a cable company has a duty to transmit a number of programmes (the so-called "must-carry package"). In practice this means that the providers of these programmes do not pay anything to have them transmitted. According to the guidelines, a cable company has to ensure that the cost of transmitting the must-carry package is covered by its subscription tariff income. Other programme providers therefore need not pay for it to be transmitted. This also applies where a cable company is required to transmit one or more stations’ programmes free of charge, for example, based on an agreement entered into with a municipal council.

Several other elements of these guidelines follow:

• cable companies are required to charge programme providers a cost-oriented transmission tariff. Cost-oriented means based on the actual costs incurred plus a reasonable profit margin;
• in principle, a cable company may only refuse access to its network, if there is insufficient capacity throughout the network, in the event of technical problems, or where a programme provider refuses to pay a reasonable cost-oriented transmission tariff.