Kink summary proceedings about emergency extension of FM frequencies rejected: ‘Following new steps’ | show

The summary proceedings brought by radio station Kink against the state about the emergency extension of the FM frequencies have been rejected. The station was supported by Qmusic during the treatment. A further proceedings on the merits will follow in June.

The FM frequencies would actually be auctioned in September 2022. Mona Keijzer, then State Secretary for Economic Affairs, decided on an emergency extension due to the corona crisis, so that the current stations with an FM frequency also kept them. Kink disagreed. According to them, the advertising market has picked up to such an extent that an emergency extension is not necessary.

In court, the station was supported by Qmusic. DPG Media, the parent company of the successful channel, remained neutral for a long time, but with the recovery of the advertising market (2021 was the best year ever, according to a study by Audify) after the corona dip, they no longer considered an emergency extension desirable. However, because Qmusic had not lodged an appeal, the judge could not take this into account in the decision.


Disappointed

The court dismissed the summary proceedings that Kink initiated. The judge doubts whether the radio station has enough power to be able to bid in an auction of the FM frequencies and the urgent factor is missing. There are also proceedings on the merits about the emergency extension of the FM frequencies, which will be discussed in June.

Kink is disappointed in the judge’s decision. “But we look forward to the substantive proceedings in June with confidence,” says general manager Jan Hoogesteijn. “I think that we don’t have enough money is an absurd argument.” During the handling of the case, Kink’s lawyer indicated that the channel has a lender behind it. The judge saw insufficient evidence for this.

In addition to the proceedings on the merits, Kink wants to take new legal steps within a few days. They see the emergency extension of the FM frequencies as illegal state aid. The radio station will announce more about this later this week.

Qmusic

Qmusic states in a statement that it agrees with the judge’s decision to reject the preliminary injunction. “We do find it a pity that the judge finds that our positions do not formally fit into these proceedings. According to the judge, Qmusic has more or less the same interest as Kink because Qmusic is now also in favor of an auction instead of an extension. We believe it is important to be honest about the desirability of an extension, also in light of the renewal prices. That’s why we said what we had to say. We look forward to the further substantive treatment with confidence.”

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