I assume that you refer to this: [hidden link - please register]
well, there is some "news". SexySat appealed, the comission re-thought, canceled their previous order and granted the request.
Attached the Google-translation (revealing quite a lot about the viewers and the business model)
JuZa-002317-ibo
Decision on appeal
Feature: JuZa-002317-ibo
Subject: objection Massalia Telecom Netherlands BV(hereinafter Massalia) on granting exemption from the rate originally Dutch or Frisian language sections relating to the program's Sexy Sat 1 Television, Sexy Sat Television 2 Sexy Sat TV 3 Sexy Sat TV 4.
The Commissioner for Media,
the decision of January 8, 2008, feature JuZa-007398-IVS, the Commissioner for the Media (the Commission) has granted exemption from quotas for Dutch or Frisian language program
seen it against February 20, 2008 submitted objection further motivated to March 14, 2008, having regard to the provisions of the General Administrative Law Act, considering as follows
_________________________________________________________________________
A. Conduct of proceedings
January 18, 2005 The Commissioner shall grant permission for the Massallia Television programs Sexy Sat 1 and Sat Sexy Television 2.
January 30, 2007 The Commissioner shall grant permission for the Massallia programs and Sexy Sat TV 3 Sexy Sat TV 4.
2 October, 2007 Massalia requests exemption from the rate originally Dutch or Frisian language program (Article 71o, first paragraph of the Mediawet)for all four channels and the required proportion of independent European works (Article 71n, second paragraph of the Mediawet).
8 January, 2008 The Commission exempts from the program for quota originally Dutch or Frisian language program.
February 20, 2008 Massalia an appeal against the decision of January 8, 2008.
March 14, 2008 Massalia is further grounds of objection.
B. Admissibility
1. Massalia By letter received on February 20, 2008, objected to the decision of the Commissioner January 8, 2008, sent on January 10, 2008. This within the given deadline. The Commission declared the notice of Massalia therefore admissible.
C. Justification
Objection Massalia
2. Massalia that never any phone call or an e-mail received
with the questions of the Commissioner. Massalia asks to fill in the questions from the Commission to receive. Massalia is convinced that the answers to the Commissioner would make a different decision.
3. Furthermore, Massalia that is now impossible to (post) to comply to the program requirements for the year 2007, since the decision in 2008 taken. For that reason calls Massalia at least until April 1, 2008 whole exemption from the broadcast program in the Dutch or Frisian Language. The media plan of the program's Sexy Sat 1 Television, Sexy Sat Television 2 Sexy Sat TV 3 Sexy Sat TV 4 shows that there is noDutch viewers are. However, in order to comply with legal obligations is Massalia that from April 1, 2008 10% program may produce the Dutch or Frisian language.
4. In the additional grounds of objection by March 14, 2008 still has all Massalia questions by e-mail of December 17, 2007 answers. For example, the company that the Dutch population is statistically less than 1% of potential viewers
part because the programs are distributed via the Hot Bird satellite. The 'Footprint' of the satellite includes 68 countries and hundreds of millions of viewers.
Massalia further indicates that the channels live programs show, targeted to the public in the Middle East. There is interaction possible, in theory, also from Netherlands. In practice, 90% of the calls from Arab countries and receives the channel almost no calls from the Netherlands. Massalia estimates that share spoken word programming is 25-35%. In the rest of the programming is only background music heard. From the spoken language is 90% English and 10% French, Italian and Arabic.
Considerations Commissioner
5. A program that is distributed via satellite can be received in the Netherlands if the Netherlands is located within the so-called footprint. In the notes to the Policies quota program is an indication that the mandatory share originally Dutch or Frisian language program at 0% can be, where the broadcaster can demonstrate that the program is almost entirely directed to countries outside the Netherlands.
6. On the basis of the objection in Massalia information of the The Commissioner still likely that the program's Sexy Television Sat 1 Sexy Television Sat 2 Sexy Sat TV 3 Sexy Sat TV 4 is almost entirely directed to countries outside the Netherlands. To that end, the Commissioner in the
programs are almost entirely focused on countries in the Middle East and that hardly interacts with viewers in the Netherlands.
7. Given this fact, we still consider that an obligation to broadcast Dutch or Frisian language program is not real. Under Article 10, fifth paragraph of the quota program policies, we have therefore decided to the percentage of Dutch or Frisian language program for Television's Sexy Sat TV 1 Sexy Sat Television 2 Sexy Sat TV 3 Sexy Sat TV 4 to zero, while the program is not focused on the Netherlands and the format of these programs does not change.
8. If objector has the right to be heard before a decision we
to take objection. Under Article 7:3, d, of the General Law
administrative law, we may waive the hearing if the objection fully are met and other interested not in their interests
be harmed. The Commissioner believes that this exception is
occurs and will therefore refrain from holding a hearing.
D. Decision
9. Given the above considerations, we decided the following:
10. The Commission revokes the decision of January 8, 2008 to the extent that the Massalia Telecom Netherlands BV for its television programs Sexy Sat Television 1 Television 2 Sexy Sat, Sexy Sat TV 3 Sexy Sat TV 4 full exemption from the provisions in Article 71o, first paragraph of the Mediawet for
maximum duration of the permission, and as long as the format of the program does not change. The Commission proposes the obligatory share originally Dutch or Frisian language program at 0%. If the requirement program (almost) exclusively focused on a broadcasting area outside the Netherlands.
11. The decision remains in the other state.
Hilversum, July 1, 2008,
Mr. Inge Brakman (Chairman)
Prof. Dr. Jan van Cuilenburg (Commissioner)
Under the General Administrative Law Act, the natural or legal person whose interests are directly this decision is concerned, as against six weeks after the date of this decision in the prescribed manner published appeal to the Court of the district in which his residence is located.
Original (in Dutch): [hidden link - please register]
