Conditional access systems

(1) Where holders of industrial property rights in conditional access systems decide to grant licences to manufacturers of digital television reception devices, or to third parties demonstrating a legitimate interest, this must be done on fair, reasonable, and non-discriminatory terms. The criteria of sections 37 and 46 apply. The holders may, in doing so, take technical and economic factors into account in an appropriate manner. However, the grant of licences may not be made conditional on terms that impair 1. the installation of a common interface for connecting other conditional access systems, or 2. the installation of specific components of another conditional access system for reasons of transactional security of the content to be protected.
(2) Providers and users of conditional access systems must 1. enable all broadcasters to use the technical services they require to use their systems, and the necessary information for this, on fair, reasonable, and non-discriminatory terms; 2. insofar as they are also responsible for the billing system with end users, hand a price list to the end user before concluding a chargeable contract with that end user; 3. keep separate accounts for their activity as providers of these systems; 4. notify the Federal Network Agency, before introducing or amending their offering, of the particulars under points 1 to 3 and of the individual services offered to end users and the charges demanded for them.
(3) The Federal Network Agency notifies the competent body under Land law without delay of the notification under subsection (2), point 4. Where the Federal Network Agency, or the competent body under Land law, each for its own area of responsibility, concludes, on the basis of the notification, within a period of two months, that the offering does not satisfy the requirements under subsection (2), points 1 to 3, it requires changes to the offering. Where the requirements cannot be met despite changes, or the changes are not made despite being required, it prohibits the offering.
(4) Where one or more providers or users of conditional access systems do not hold significant market power, the Federal Network Agency may amend or lift the conditions under subsections (2) and (3) in respect of the party or parties concerned, where 1. this does not negatively affect the prospects for effective competition in the retail markets for the transmission of broadcast signals and for conditional access systems and other associated facilities, and 2. the competent body under Land law has found that this does not negatively affect capacity allocations and transmission obligations under Land law. Sections 11 to 16 apply correspondingly to the procedure under the first sentence.