While, the president of the Spanish government, Jose Luis Rodriguez Zapatero, have assured that the executive will study the request of Sogecable so that Canal+ can emit in open, although it has emphasized that is no an anticipated term to give answer to the request of this communications group.
For Rodriguez Zapatero. the government will study from the essentially legal point of view the request that the Sogecable group has done and at the moment at which it studies it will make a decision.
Reactions of 5 Tele and Antenna 3
Before this formal request of Sogecable, the private chain Tele 5 has made a manifesto public in which it reflects his firm decision to oppose the agreement by which the conditions of their concession would modify, in case the request were accepted by the Executive.
In its official notice, the private chain affirms that the modification immediate of the granted concession to Canal+ would be for Tele 5 by three reasons:
To do without the essential information of the Council of State, the Intervention and the Main directorate of Budgets.
In addition, this decision would suppose a total, abrupt and happened change of the circumstances in which the concessions were granted and renewed. The modification will generate in 5 Tele and 3 Antenna a singular sacrifice, especially intense, that they do not have to have legal to support in attention to the principles of legal security and good faith.
Finally, it will give rise to an opposite situation to the rules that govern the competition, when aggravating the position of dominion in the market of the audio-visual rights, that Telecinco already has opposed before the Supreme Court on the occasion of the fusion of Digital Satelite channel and Via Digitalis.
On the other hand, the official notice of Antenna 3, gathers that the emission of abierto Canal+ in would grant to Sogecable, monopolist of the pay television via satellite, a unique dominant position in the European televising panorama, since he would be the unique operator in sport conditions for being able to buy and to explode simultaneously right of cinema and for television in open and of payment. This circumstance would alter the most elementary norms of free competition.