Are works communicated through television sets in hotel rooms a 'communication to the public'?

The European Court of Justice makes it clear that, while themere provision of physical facilities does not as such amountto a communication within the meaning of the Copyright Directive(2001/29/EC), the distribution of a signal by means of televisionsets by a hotel to customers staying in its rooms, whatevertechnique is used to transmit the signal, constitutes communicationto the public within the meaning of Article 3(1) of the Directive.