Tele2 and KPN will not have access to analog cable for the time being – update

Cable operators such as UPC and Ziggo are not yet required to give third parties such as Tele2 and KPN access to analog cable, the Trade and Industry Appeals Tribunal has determined. The monopoly is thus still maintained.

According to market regulator OPTA, there is enough competition from TV services via other techniques, such as iptv and Digitenne. As a result, regulation of the market, on which companies such as UPC and Ziggo have a monopoly, is not necessary, the regulator argues. The market is now divided; there is a cable provider per region.

The CBb dismissed the objection of Tele2, YouCa and KPN against OPTA’s decision not to intervene, because OPTA had in fact not taken a decision. This is evident from the ruling, which was published on Wednesday. OPTA decided last year not to intervene in the cable market and to keep it a closed monopoly. The Commission ruled that no objection can be raised against a measure that OPTA has not taken.

Tele2 and KPN wanted to complete their services with analog TV. Tele2 even offered analog TV for a short time, but the cable market was locked again due to a court ruling.

Update 11:42: Tele2 announces that another case is pending with the Trade and Industry Appeals Tribunal, in which the opening of the cable market will be dealt with substantively. The case is scheduled for trial in September.

The Senate also made the opening of the analog cable mandatory with a legislative amendment this spring. However, it remains to be seen whether the law can legally pass. According to European rules, only OPTA is probably allowed to determine this and not the legislator. If it is up to OPTA, the cable market will remain closed. Presumably, a court decision will also have to show whether the cable market will open.