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The Supreme Court has overruled the allocation of DTT channels to nationwide TV operators, nullifying the cabinet’s 2010 decision to award an entire multiplex (with a capacity of up to 4 channels) to each national broadcaster: Antena 3, Tele 5, Cuatro, La Sexta, Net TV and Veo 7.
The ruling states the Government did not comply with TV legislation by awarding the additional DTT licences without a public tender and thereby hindering the entry of “new players” in the TV market. The Court’s decision paves the way for a possible challenge of the whole allocation process of DTT licences.
The case was taken to the Supreme Court by Infraestructuras and Gestion 2002, a company which has tried on several occasions to win a DTT licence both on a national and regional scale. The company also took the Catalonian Government to Court over the allocation of Regional DTT licences winning the case as a Catalonian Court annulled the allocation of 37 out of the total 96 DTT licences to local public TV stations.