Must-carry regulation: a must or a burden?

The first must-carry rules date back to 1990, the time when space on analogue broadcasting networks was limited and when supply grew quickly due to the introduction of private broadcasters. To ensure that channels of general interest would still be transmitted, countries introduced rules to regulate the scarcely available cable capacity. The major reason for introducing these must-carry rules was to guarantee access to public service broadcasting and ensure a diverse choice of programmes. The option in the European regulatory framework of reserving distribution capacity for selected channels, is characterised by its technology-neutral formulation. A distinctive feature of these European rules is that must-carry obligations can only be imposed if the respective networks are the principal means of receiving radio and television channels for a significant number of end-users of these networks. In a market where users increasingly opt for using one provider for all their communication services, the question is justified if - apart from technical restrictions - must-carry obligations should be linked to a quantitative criterion. In this article, insight is provided into the choices made by various European countries with respect to regulating must-carry obligations and how the general European framework is applicable to national regulations. A brief comparison is made with the situation in the United States, some conclusions are drawn and thoughts are provided on the future of must-carry obligations in Europe.