89/205/EEC: Commission Decision of 21 December 1988 relating to a proceeding under Article 86 of the EEC Treaty (IV/31.851 - Magill TV Guide/ITP, BBC and RTE) (Only the English text is authentic)

• Articles: 3

Article 1

The policies and practices of ITP, BBC and RTE, respectively, in relation to their individual advance weekly programme listings, on programmes which may be received in Ireland and Northern Ireland, constitute infringements of Article 86 in so far as they prevent the publication and saqle of comprehensive weekly TV guides in Ireland and Northern Ireland.

Article 2

ITP, BBC and RTE shall bring the infringements as mentioned in Article 1 to an end forthwith by supplying each other and third parties on request and on a nondiscriminatory basis with their individual advance weekly programme listings and by permitting reproduction of those listings by such parties. This requirement does not extend to information in addition to the listings themselves, as defined in this Decision. If they choose to supply and permit reproduction of the listings by means of licences, any royalties requested by ITP, BBC and RTE should be reasonable. Moreover, ITP, BBC and RTE may include in any licences grated to third parties such terms as are considered necessary to ensure comprehensive high-quality coverage of all their programmes, inlcuding those of minority and/or regional apeal, and those of cultural, historical and educational significance. The parties are therefore required, within two months from the date of notification of this Decision, to submit proposals for approval by the Commission of the terms upon which they consider third parties should be permitted to publish the advance weekly programme listings which are the subject of this Decision.

Article 3

This Decision is addressed to

Independent Television Publications Ltd,

247 Tottenham Court Road,

London W1P 0AU,

United Kingdom;

British Broadcasting Corporation,

BBC Broadcasting House,

London W1A 1AA,

United Kingdom;

BBC Enterprises Ltd,

Woodlands,

80 Wood Lane,

London W12 0TF,

United Kingdom;

Radio Telefis Eireann,

Dublin 4,

Ireland.

Done at Brussels, 21 December 1988.

For the Commission

Peter SUTHERLAND

Member of the Commission