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    Ad Van Loon Ad Van Loon Presentation Transcript

    • 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 1
    • 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 2
    • 1. Regulatory framework for electronic communications 3
    • 1. Regulatory framework for electronic communications •  Art. 4 Competition Directive (2002/77/EC) –  Prohibition on granting exclusive or special rights of use of radio frequencies 4
    • 1. Regulatory framework for electronic communications •  Art. 4 Competition Directive (2002/77/EC) –  Prohibition on granting exclusive or special rights of use of radio frequencies –  Obligation to base the assignment of radio frequencies for electronic communication services on objective, transparent, non-discriminatory and proportionate criteria 5
    • 1. Regulatory framework for electronic communications •  Art. 4 Competition Directive (2002/77/EC) –  Prohibition on granting exclusive or special rights of use of radio frequencies –  Obligation to base the assignment of radio frequencies for electronic communication services on objective, transparent, non-discriminatory and proportionate criteria •  Art. 8.2.d Framework Directive –  Obligation to use the spectrum efficiently 6
    • 1. Regulatory framework for electronic communications •  Art. 4 Competition Directive (2002/77/EC) –  Prohibition on granting exclusive or special rights of use of radio frequencies –  Obligation to base the assignment of radio frequencies for electronic communication services on objective, transparent, non-discriminatory and proportionate criteria •  Art. 8.2.d Framework Directive –  Obligation to use the spectrum efficiently •  Art. 8.1 Framework Directive –  Obligation to encourage effective competition 7
    • 2. Audiovisual Media Services Directive - audiovisual content rules apply to all platforms - covers broadcasting and on demand services 8
    • 2. Audiovisual Media Services Directive Rules cover: •  jurisdiction •  advertising –  duration –  content •  alcoholic beverages •  medicinal products •  medical treatment •  sponsorship •  teleshopping •  product placement … 9
    • 2. Audiovisual Media Services Directive ... •  right of reply •  right to short reporting •  access to major events •  cultural objectives –  European works –  independent productions •  protection of minors 10
    • 3. Radio spectrum policies •  2002: Creation of an advisory panel on radio spectrum policy: Radio Spectrum Policy Group 11
    • 3. Radio spectrum policies •  2002: Creation of an advisory panel on radio spectrum policy: Radio Spectrum Policy Group •  Mission –  assist and advise the European Commission on radio spectrum policy issues 12
    • 3. Radio spectrum policies •  2002: Creation of an advisory panel on radio spectrum policy: Radio Spectrum Policy Group •  Mission –  assist and advise the European Commission on radio spectrum policy issues –  coordination of policy approaches 13
    • 3. Radio spectrum policies •  2002: Creation of an advisory panel on radio spectrum policy: Radio Spectrum Policy Group •  Mission –  assist and advise the European Commission on radio spectrum policy issues –  coordination of policy approaches –  advise on harmonised conditions with regard to the availability and efficient use of the radio spectrum 14
    • 3. Radio spectrum policies •  2002: Creation of an advisory panel on radio spectrum policy: Radio Spectrum Policy Group •  Mission –  assist and advise the European Commission on radio spectrum policy issues –  coordination of policy approaches –  advise on harmonised conditions with regard to the availability and efficient use of the radio spectrum •  Composition –  high level governmental experts (one from each Member State) 15
    • 3. Radio spectrum policies •  2002: Creation of an advisory panel on radio spectrum policy: Radio Spectrum Policy Group •  Mission –  assist and advise the European Commission on radio spectrum policy issues –  coordination of policy approaches –  advise on harmonised conditions with regard to the availability and efficient use of the radio spectrum •  Composition –  high level governmental experts (one from each Member State) –  European Commission (Secretariat) 16
    • 4. Policy to accelerate the transition from analogue to digital broadcasting 17
    • 4. Policy to accelerate the transition from analogue to digital broadcasting •  Co-ordination of the switch-over plans of the Member States 18
    • 4. Policy to accelerate the transition from analogue to digital broadcasting •  Co-ordination of the switch-over plans of the Member States •  Analogue switch-off at the beginning of 2012 19
    • 4. Policy to accelerate the transition from analogue to digital broadcasting •  Co-ordination of the switch-over plans of the Member States •  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 20
    • 4. Policy to accelerate the transition from analogue to digital broadcasting •  Co-ordination of the switch-over plans of the Member States •  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 •  Spectrum should be made available for a pan- European roll-out of these other electronic communications services 21
    • 4. Policy to accelerate the transition from analogue to digital broadcasting •  Co-ordination of the switch-over plans of the Member States •  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 •  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 22
    • 4. Policy to accelerate the transition from analogue to digital broadcasting • Strategies to be developed in the framework of the transition process 23
    • 4. Policy to accelerate the transition from analogue to digital broadcasting • Strategies to be developed in the framework of the transition process –  Consumer information 24
    • 4. Policy to accelerate the transition from analogue to digital broadcasting • Strategies to be developed in the framework of the transition process –  Consumer information –  Financing aspects 25
    • 4. Policy to accelerate the transition from analogue to digital broadcasting • Strategies to be developed in the framework of the transition process –  Consumer information –  Financing aspects –  Capacity aspects in networks with must-carry obligations 26
    • 4. Policy to accelerate the transition from analogue to digital broadcasting • Strategies to be developed in the framework of the transition process –  Consumer information –  Financing aspects –  Capacity aspects in networks with must-carry obligations –  The situation of digital radio 27
    • 4. Policy to accelerate the transition from analogue to digital broadcasting • Strategies to be developed in the framework of the transition process –  Consumer information –  Financing aspects –  Capacity aspects in networks with must-carry obligations –  The situation of digital radio –  Best practices in Commission Staff Working Paper SEC(2005)661 ... 28
    • 4. Policy to accelerate the transition from analogue to digital broadcasting ... – Factors that contribute to a succesful switchover policy 29
    • 4. Policy to accelerate the transition from analogue to digital broadcasting ... – Factors that contribute to a succesful switchover policy • Co-ordination with broadcasters (agreement on timing for the different stages) 30
    • 4. Policy to accelerate the transition from analogue to digital broadcasting ... – Factors that contribute to a succesful switchover policy • Co-ordination with broadcasters (agreement on timing for the different stages) • An effective strategy to inform consumers 31
    • 4. Policy to accelerate the transition from analogue to digital broadcasting ... – Factors that contribute to a succesful switchover policy • Co-ordination with broadcasters (agreement on timing for the different stages) • An effective strategy to inform consumers –  on channel availability 32
    • 4. Policy to accelerate the transition from analogue to digital broadcasting ... – Factors that contribute to a succesful switchover policy • Co-ordination with broadcasters (agreement on timing for the different stages) • An effective strategy to inform consumers –  on channel availability –  on the equipment needed to receive the channels 33
    • 5. Legal Framework for Mobile TV Networks and Services 34
    • Legal Framework for Mobile TV Networks and Services Objectives •  no unnecessary obligations on market players 35
    • 5. Legal Framework for Mobile TV Networks and Services Objectives •  no unnecessary obligations on market players •  minimum requirements to ensure efficient use of frequencies 36
    • 5. Legal Framework for Mobile TV Networks and Services • DVB-H standard 37
    • 5. Legal Framework for Mobile TV Networks and Services • DVB-H standard • Frequencies to be granted in the UHF-band 38
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 39
    • 5. Legal Framework for Mobile TV Networks and Services Best practices • Assignment of frequencies to platform operator 40
    • 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) 41
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 2.  Best practices guidelines 42
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 43
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 1.  Extension of existing DTT rules 2.  Plain wholesale model 3.  Integrated approach 44
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 1.  Extension of existing DTT rules 45
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 1.  Extension of existing DTT rules •  Italy; UK •  Inadequate and insufficient 46
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 1.  Extension of existing DTT rules 2.  Plain wholesale model 47
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 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) 48
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 1.  Extension of existing DTT rules 2.  Plain wholesale model 3.  Integrated approach 49
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 3.  Integrated approach •  Austria •  Authorisation only granted when all stakeholders agree on the services to be offered… 50
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 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 51
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 1.  Main regulatory models 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 52
    • 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: 53
    • 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 54
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2. Best practice guidelines 1.  General framework 55
    • 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 56
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 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 57
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 1.  General framework 3.  Regular reporting by public authorities on market developments, together with appropriate proposals to adapt existing rules 58
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2. Best practice guidelines 1.  General framework 2.  Authorisation regimes 59
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 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 60
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 2.  Authorisation regimes 2.  One stop shop regime for decisions to grant authorizations for mobile TV 61
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2. Best practice guidelines 1.  General framework 2.  Authorisation regimes 3.  Award procedures 62
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 3.  Award procedures 1.  A clear schedule for the award procedure to be announced no later than at the start of commercial trials 63
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 3.  Award procedures 2.  Objective, transparent and non- discriminatory procedures 64
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 3.  Award procedures 3.  Collaborative approach between the players (with respect for competition rules) 65
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 3.  Award procedures 4.  Quality of service 1.  Indoor coverage 2.  Optimal use of the spectrum 66
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 3.  Award procedures 5.  Possibility to withdraw unused spectrum 67
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2. Best practice guidelines 1.  General framework 2.  Authorisation regimes 3.  Award procedures 4.  Specific aspects 68
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 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) 69
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 4.  Specific aspects 2.  'must carry' = 'must have‘ 70
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 4.  Specific aspects 2.  'must carry' = 'must have‘ 3.  Discussion of imposing 'must offer' rules 71
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 4.  Specific aspects 2.  'must carry' = 'must have‘ 3.  Discussion of imposing 'must offer' rules 4.  Encouragement of network infrastructure sharing 72
    • 5. Legal Framework for Mobile TV Networks and Services Best practices 2.  Best practice guidelines 4.  Specific aspects 2.  'must carry' = 'must have‘ 3.  Discussion of imposing 'must offer' rules 4.  Encouragement of network infrastructure sharing 5.  Consideration of interoperability and roaming aspects 73
    • Thank you! http://jp.coe.int http://europa.eu/pol/infso/index_en.htm 74