Telenet will have to open its network following a ruling made by the Court of Appeal in Brussels.
The Court ruled in summary proceedings that the cable regulation should not be suspended. Telenet, who had appealed against the opening of its network, said it will further analyse the ruling. The company explained that before a definitive cable regulation can be implemented, the reference offer will have to be approved by regulators and the European Commission. The company expects a ruling in the procedure on the merits of the cable regulation in the course of next year.
Telenet will now develop a reference offer which will be reviewed by regulator BIPT and the Media Council and then the EC. Telenet has said that the proposed cable regulation will have a negative impact on the Belgian market for digital services.
With the regulation, BIPT and the three media regulator, namely VRM, CSA and Medienra, told Telenet, Numericable, Voo and AIESH to provide wholesale access to analogue TV, digital TV and internet.
According to L'Echo, the ruling affects only the appeal filed by Telenet in September 2011 for Flanders. Voo, Numericable and the AIESH group of cable operators operating in La Botte du Hainaut will all have to wait until 9 October for the decision affecting francophone operators.
Belgacom told L'Echo that the news was "good for the consumer and in line with our expectations." The operator expects regulators will act quickly, in order for the regulation to be made quickly operational.
