Ad Van Loon

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EU frameworks for digital television

EU/Council of Europe Project “Promotion of European Standards in the

Ukrainian Media Environment”

Long-term Consultant AD VAN LOON

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EU Frameworks for digital television

1.  Regulatory framework for electronic communications

2.  Audiovisual Media Services Directive 3.  Radio spectrum policies 4.  Policy to accelerate the transition from

analogue to digital broadcasting 5.  Legal Framework for Mobile TV

Networks and Services

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1. Regulatory framework for electronic communications

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•  Art. 4 Competition Directive (2002/77/EC) –  Prohibition on granting exclusive or special rights of use of

radio frequencies

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radio frequencies –  Obligation to base the assignment of radio frequencies for

electronic communication services on objective, transparent, non-discriminatory and proportionate criteria

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•  Art. 8.2.d Framework Directive –  Obligation to use the spectrum efficiently

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•  Art. 8.2.d Framework Directive –  Obligation to use the spectrum efficiently

•  Art. 8.1 Framework Directive –  Obligation to encourage effective competition

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2. Audiovisual Media Services Directive

- audiovisual content rules apply to all platforms

- covers broadcasting and on demand services

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Rules cover:

•  jurisdiction •  advertising

–  duration –  content

•  alcoholic beverages •  medicinal products •  medical treatment

•  sponsorship •  teleshopping •  product placement …

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...

•  right of reply •  right to short reporting •  access to major events •  cultural objectives

–  European works –  independent productions

•  protection of minors

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3. Radio spectrum policies

•  2002: Creation of an advisory panel on radio spectrum policy: Radio Spectrum Policy Group

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•  Mission –  assist and advise the European Commission on radio

spectrum policy issues

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spectrum policy issues –  coordination of policy approaches

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spectrum policy issues –  coordination of policy approaches –  advise on harmonised conditions with regard to the

availability and efficient use of the radio spectrum

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availability and efficient use of the radio spectrum •  Composition

–  high level governmental experts (one from each Member State)

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availability and efficient use of the radio spectrum •  Composition

–  high level governmental experts (one from each Member State)

–  European Commission (Secretariat)

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4. Policy to accelerate the transition from analogue to digital broadcasting

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• Co-ordination of the switch-over plans of the Member States

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• Analogue switch-off at the beginning of 2012

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• Analogue switch-off at the beginning of 2012 • Switch-off plans should allow the introduction of

other electronic communications services, in addition to digital broadcasting services

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• Spectrum should be made available for a pan-European roll-out of these other electronic communications services

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• Spectrum should be made available for a pan-European roll-out of these other electronic communications services

• Member States obliged to take this into account in the ongoing international negotiations

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4. Policy to accelerate the transition from analogue to digital broadcasting • Strategies to be developed in the framework of the transition process

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– Consumer information

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– Consumer information – Financing aspects

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– Consumer information – Financing aspects – Capacity aspects in networks with must-carry

obligations

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obligations – The situation of digital radio

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obligations – The situation of digital radio – Best practices in Commission Staff Working

Paper SEC(2005)661 ...

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4. Policy to accelerate the transition from analogue to digital broadcasting ...

– Factors that contribute to a succesful switchover policy

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• Co-ordination with broadcasters (agreement on timing for the different stages)

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• An effective strategy to inform consumers

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• An effective strategy to inform consumers –  on channel availability

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• An effective strategy to inform consumers –  on channel availability –  on the equipment needed to receive the

channels

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5. Legal Framework for Mobile TV Networks and Services

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Legal Framework for Mobile TV Networks and Services

Objectives

•  no unnecessary obligations on market players

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Objectives

•  no unnecessary obligations on market players •  minimum requirements to ensure efficient use of

frequencies

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• DVB-H standard

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• DVB-H standard • Frequencies to be granted in the UHF-band

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5. Legal Framework for Mobile TV Networks and Services Best practices

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5. Legal Framework for Mobile TV Networks and Services Best practices • Assignment of frequencies to platform operator

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5. Legal Framework for Mobile TV Networks and Services Best practices • Assignment of frequencies to platform operator

• Assignment of frequencies to network operator (more rare)

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5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 2.  Best practices guidelines

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5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models

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1.  Extension of existing DTT rules 2.  Plain wholesale model 3.  Integrated approach

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1.  Extension of existing DTT rules

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1.  Extension of existing DTT rules •  Italy; UK •  Inadequate and insufficient

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1.  Extension of existing DTT rules 2.  Plain wholesale model

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2.  Plain wholesale model •  Finland •  Focused on wholesale operator

–  Network management –  Spectrum acquisition –  Licensing –  Content aggregation (optional)

•  Content producers (broadcasters) may not have an incentive to make their content available

•  Competition requirements (fair, open, non-discriminatory)

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1.  Extension of existing DTT rules 2.  Plain wholesale model 3.  Integrated approach

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3.  Integrated approach •  Austria •  Authorisation only granted when all

stakeholders agree on the services to be offered…

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3.  Integrated approach •  Vertical integration at two levels

1.  Selection of network/platform operator on the basis of agreements concluded with channel aggregators and/or broadcasters

»  Guarantee for a feasible business model

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3.  Integrated approach •  Vertical integration at two levels

2.  Content provider needs a regular licence for digital TV, which is to be granted upon proof of contracts with the multiplex operator

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5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 2.  Best practice guidelines - Four

levels to be taken into account:

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5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 2.  Best practice guidelines - Four

levels to be taken into account: 1.  General framework 2.  Authorisation regimes 3.  Award procedures 4.  Specific aspects

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5. Legal Framework for Mobile TV Networks and Services Best practices 2. Best practice guidelines

1. General framework

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5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines

1.  General framework 1.  Authorisation procedures should be

open to all market players in order to ensure a level playing field for different actors in the mobile TV value chain

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1.  General framework 2.  Systematic organisation of public

consultations of citizens and all interested parties, in parallel with commercial trials on the opportunities related to mobile TV deployment, the use of the digital dividend for mobile TV services, the financing models, etc

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1.  General framework 3.  Regular reporting by public

authorities on market developments, together with appropriate proposals to adapt existing rules

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1. General framework 2.  Authorisation regimes

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2.  Authorisation regimes 1.  Clear definition of relationship

between e-communications, spectrum and content rules, in order to promote a clear and transparent authorisation regime

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2.  Authorisation regimes 2.  One stop shop regime for

decisions to grant authorizations for mobile TV

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1. General framework 2.  Authorisation regimes 3.  Award procedures

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3.  Award procedures 1.  A clear schedule for the award

procedure to be announced no later than at the start of commercial trials

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3.  Award procedures 2.  Objective, transparent and non-

discriminatory procedures

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3.  Award procedures 3.  Collaborative approach between

the players (with respect for competition rules)

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3.  Award procedures 4.  Quality of service

1.  Indoor coverage 2.  Optimal use of the spectrum

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3.  Award procedures 5.  Possibility to withdraw unused

spectrum

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1. General framework 2.  Authorisation regimes 3.  Award procedures 4.  Specific aspects

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4.  Specific aspects 1.  'must carry' rules cannot be

imposed on nascent mobile TV services (no significant number of end-users use mobile TV as their principal means to receive radio and television broadcasts)

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4.  Specific aspects 2.  'must carry' = 'must have‘

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4.  Specific aspects 2.  'must carry' = 'must have‘ 3.  Discussion of imposing 'must

offer' rules

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offer' rules 4.  Encouragement of network

infrastructure sharing

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offer' rules 4.  Encouragement of network

infrastructure sharing 5.  Consideration of interoperability

and roaming aspects

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Thank you!

http://jp.coe.int http://europa.eu/pol/infso/index_en.htm

Documents

Ad Van Loon