The violation of the beginning of technological neutrality, favoring the terrestrial digital technology opposite to the
satelital, and the impediment of the free competition in the sector of the telecommunications for satellite there are the principal reasons that
SES ASTRA argues for this decision.
The writing of the sheet of the contest establishes and needs that the awardee offers solutions for the carrying service of the sign with technology TDT - terrestrial digital television - and, for extension, for satellite, which understands Astra that is "a formula to expel from the market to the competition".
In the opinion of SES ASTRA, the only company adjudicataria possible of the contract is an Abertis Telecom SA, which after the buy of Axión and of Telefusión Madrid, is the only provider of carrying services of terrestrial digital television in Spain and which is provided, at the same time, with a participation of control in Hispasat, S.A. The formula appealed by ASTRA will affect to those built-up areas of the Community of Madrid, in which the dispersion or a difficult orography disables the diffusion of the digital sign of a terrestrial way.
SES ASTRA thinks that the situation of monopoly existing, de facto in the sector of the carrying service of TDT, cannot move to the complement satelital since the effective competition would be annulled in the direct diffusion by satellite, where SES ASTRA appears as the principal company provider of these services.
In opinion of the company, the respect to a liberalized telecommunications market would have to demand that the employed entity should give services indiscriminately with terrestrial technology, satelital or other one - respecting the technological neutrality - or, at least, the existence of two different processes from tender: one destined to obtain the coverage complement across the carrying services of the terrestrial digital television and different other destined to obtain the above mentioned complement with satelital technology, formula continued on the majority of the member countries of the European Union.
For all this, SES ASTRA concludes his resource pointing out that there are excluded the companies of satellite that compete on the market. Also, the financing is allowed, with charge to public helps (Plan Advances) for the only entity that gives services of terrestrial digital television in the whole national ambience, it being ignored that the satellite offer is plural.
Along with that of the Community of Madrid, SES ASTRA has opposed for the exposed reasons, the contests for the enlargement of the coverage of Digital TV in Castile and León and Catalonia.
Also, after gaining the public contest for the capacity supply satelital to 100 % of the population of Cantabria, the Cantabrian Government decided to break unilaterally the contract with SES Astra alleging that "the supervened decision of the Administration of the Spanish State to implant the coverage of 100 % of the services of digital television for the whole national territory, makes unviable the implantation of the compound service and, for it, the execution and implementation of the above-mentioned contract".
(EP, 02/12/08)
