News about SexySat's TV license

Thanks a lot to HvB who found the following interesting article concerning SexySat TV and it's Dutch license:

Massalia Telecom the Netherlands B. V.
T. a. v. the management
Nijverheidsweg 9b
3433 NP NIEUWEGEIN
Date: 10 January 2008

Subject: Program quota – release Dutch or Frisian spoken program parts

On 18 January 2005 Massalia Telecom the Netherlands B. V. (after this also Massalia) was granted permission to broadcast or to schedule broadcasts for a program of general interest with the name Sexy Sat Television 1 and Sexy Sat Television 2 from that date for a period of five year as a commercial broadcasting institution. On 30 January 2007 Massalia was granted permission to broadcast or to schedule broadcasts for a program of general interest with the name Sexy Sat 3 TV and Sexy Sat 4 TV from that date for a period of five year as commercial broadcasting institution.

With a letter dated October 2nd of that year you have requested on behalf of Massalia a release of the percentage original Dutch or Frisian spoken program parts for the television program 'Sexy Sat'. We assume that with this request you asked to receive a release for all your 4 channels with this name, Sexy Sat Television 1, Sexy Sat Television 2, Sexy Sat 3 and Sexy Sat 4.

In above-mentioned letter, you also requested a release for above-mentioned stations of the mandatory share of independent European productions, as mandated in article 71, second paragraph, of the Mediawet.

With a letter dated November 30, 2007, receive on December 4, 2007 by us you stated to have received no reaction to your letter of October 2, 2007.

With an e-mail of 17 December 2007 we have requested supplementary information and indicated that we will decide about your request on January 8, 2008. We have to tried to contact you via telephone as well. We haven’t received the supplementary information we asked you for. As a result of your request we decided the following.

1. Relevant definitions
Article 71, first and third paragraph, of the Mediawet
1 The television program of a commercial broadcasting station institution carries at least forty per cent of original Dutch or Friesian language program parts.
The Commissariat for the Media can determine in particular cases with respect to the programming of a particular commercial broadcasting station institution different and lower percentages than enforced in the first and second paragraph meant percentages layer.

Article 10, second and third paragraph, of the definition of program quotas
2. By determining the language the first paragraph of this article is determining, that in any case the nature of the station has to be taken into consideration.
3. When the commercial broadcasting station has demonstrated to the satisfaction of the Commissariat that the language is of a particular interest, the percentage of original Dutch or Friesian spoken program parts can be determined for a period of at most three calendar years.

2. Releases request
In your request you have stated that Sexy Sat TV is exclusively distributed vi satellite and is received in more than 68 countries. Therefore the English language is used as a universal language. The figures you provided explain that the viewers of your program are located to less then 1% in the Netherlands. If you have to broadcast 40% of your program in Dutch this would mean that 99% of your viewers can’t follow the program during 11 hours per day. You request therefore a complete release of the obligations on ground of article 71, first paragraph, of the Mediawet.

3. Comparing Arguments 
The program of a general interest broadcasting station has to comply to article 71, first paragraph, of the Mediawet, in which a at least forty per cent quota of original Dutch or Friesian language program parts is fixed for the television program of a commercial broadcasting station.

On ground of article 71, third paragraph, of the Mediawet, the Commissariat can grant a release of the quota fixed in the first paragraph of this article.

For the granting of a complete release as you requested you have delivered insufficient argument. We have received no reaction on our information request of December 17, 2007. You have delivered insufficient information to determine that the television programs are almost completely watched outside the Netherlands and therefore a complete release would be justified.

Regarding the programs Sexy Sat 3 TV and Sexy Sat 4 TV it can be observed, that we are talking of new television channels. We judge that it can’t be asked of a new station to fulfil required percentage of 40% initially. We are however of the judgement that in the longer term future it must be possible for you to satisfy the requirement percentage.

You have to strive to increase the percentage of original Dutch and Friesian language program parts as soon as possible. This will demand however only time. Therefore we grant you a temporary partly release of the percentage for Dutch and Friesian language program parts for above-mentioned television program for the period of 2007 to 2010. During this period the required percentage must be reached.

Similar the explanation on article 10 of the definition of program quotas, the quote for the year 2007, the year in which you have been granted permission to broadcast television programs, is reduced to 0%. For the year 2008, we determine the percentage on 10%. For 2009, the percentage is determined on 15%, and for the year 2010 on 25%. As the programs Sexy Sat Television 1 and Sexy Sat Television 2 are broadcasted since 2005 they cant be considered to be new channels. Similar the explanation on article 10 by the definition of program quotas for the year 2007 the percentage is determined on 10%, 2008 on 15%, 2009 on 25%.

When it is impossible to satisfy the legal requirements with relation to Dutch and Friesian language productions after the above-mentioned periods you must demonstrate why it is impossible to meet the required percentage before you submit a new request. For what concerned the mandatory shares of independent European productions, as meant in article 71, second paragraph, of the Mediawet, please notice that we have no competence to grant that release.

4. Decisions
Considering the precedings we decided, according to article 71, third paragraph, of the Mediawet the following:

I For the television program "Sexy Sat Television 1" and "Sexy Sat Television 2", the Commissariat grants Massalia Telecom the Netherlands B. V. partial release of the obligations in article 71, first paragraph, of the Mediawet and determines the percentage of Dutch or Friesian language program parts for these programs on 10% for the year 2007, 15% for the year 2008 and 25% for the year 2009.

II For the television program "Sexy Sat 3 TV" and "Sexy Sat 4 TV" the Commissariat grants Massalia Telecom the Netherlands B. V. partial release of the obligations in article 71, first paragraph, of the Mediawet and puts the percentage of Dutch or Friesan language program parts for these programs on 0% for the year 2007, 10% for the year 2008, 15% for the year 2009 and 25% for the year 2010.

III This decision is valid if the program format does not change.

Hilversum, 8 January 2008
Esteeming highly,
COMMISSARIAAT FOR DE MEDIA,
Mr. Inge Brakman
chairman
professor. Dr. Jan van Cuilenburg
commissioner

We notify you that on ground of the General administrative law the natural person or legal person, whose interests is directly concerned by this decision, can submit an objection against it within six weeks after the day on which this decision has been announced in the prescribed manner to the Commissariat for the Media, Mailbox 1426, 1200 BK Hilversum

Here's the link to the orginal article in Dutch:
[hidden link - please register]

Maybe they would be satisfied if the girls wore wooden shoes and whistled the Dutch national anthem at the beginning of each live show ; )

Yeah, I found it a little funny (to say the least) that the owners of Sexysat would not keep up the lines of communication even in such an important issue...says a lot about their professionalism, doesn´t it!? Seems rather arrogant to me. It´s funny to see how many years it is actually possible to string the licence issuer along before having to risk fines or loss of licence...even when acting in an arrogant manner.

Yeah but they are going to be fined if they don't fulfill the orders. And does anyone here belive that SexySat would pay a fee? The COMMISSARIAAT FOR DE MEDIA was unable to contact anyone from SexySat TV (we know the problem very well about being unable to contact SexySat, unles you call the models). So one day the licence simply will be withdrawn if Dreika or whoever the boss is doesn't react.

Well...what to say? Obviously, the owners of the Sexysat channels have no interest in dutch spoken general interest material directed at the dutch, they probably have their own reasons for wanting to hang on to a dutch licence.

Guess the owners of Sexysat are being squeezed a bit now...but I hardly think they will send their girls on dutch language classes. They will probably continue to string the Commissariat along as far as they can and maybe in time get that  complete release of the obligations.