ABSTRACT
The established duopoly of public broadcasters in the Federal Republic of Germany was under attack by the political parties of the right. Although the commercial benefits of developing cable broadcasting had become marginal for the large companies, coaxial cabling was expected to create new market opportunities for small and medium-sized enterprises, especially those involved in connecting the cable and in servicing MATV. Although Christian Schwarz-Schilling insisted that the new cable grid only created a technical infrastructure and did not therefore influence broadcasting policy, he was clear how it should be used. Using the public broadcasting structure as a model, the Court had already established in 1961 the three interlinked aspects of pluralism which, it ruled in all later decisions, would also have to be enshrined in private broadcasting. The Court affirmed that the system of controlling West German private broadcasting should be closely modelled on that of the public sector.
