Кристиан Хоспье - Конкурентная модель для цифрового телевидения: Уроки Европейского Союза
A competitive model for digital TV Lessons from the EU Christian HOCEPIED 13 September 2012The views expressed are purely those of the speaker and may not in anycircumstances be regarded as stating an official position of the European Commission
Goals Means Issues addressing the spectrum analogue switch off Effective spectrum1 bottleneck shared access management Nondiscriminatory … content via any No2 platform discrimination spectrum assignment Must carry – net neutrality Innovative and Review Copyright … a thriving creative3 industry convenient legal Framework content offers … media pluralism and Level playing Fair competition4 cultural diversity field and must carrySpectrum and Content are vital for the success of the EU-Digital Agenda
overview May 2006 Regional Radio communication Conference Geneva: • switch-off 17 June 2015 Communication COM(2005)204 and EP resolution of 16.11.2005 on accelerating the transition from analogue to digital broadcasting • switch-off until the beginning of 2012. State Aid control on MS support to digitization process Infringement procedures
Opportunities and risks of the switchover Better usage spectrum = more TV channels + spectrum dividend for mobile communications Multiplex = lower broadcast cost per TV channel = more entry possibilities Better quality : HD and 3D – new opportunities for content industry Risk: resistance incumbent players seeking to maintain market position More accurate audience measurement is key
Switchover is begin• Switchover is part of digitization revolution • Digital TV is more than analogue TV broadcasted differently • Standards are evolving: DVB-T2, HbbTV• Connected TV : DVB-TV more and more to be combined with Internet• End point: DVB-T switch off?
State aid control• More than 15 decisions to be found on • http://ec.europa.eu/competition/elojade/isef/index.cf m?clear=1&policy_area_id=3 + NACE code : J.60.20 - Television programming and broadcasting activities• principle of technological neutrality • EU General Court Mediaset (case T-177/07)• November 2005 Berlin Brandenburg decision provides clear indications • see IP/05/1394• The onus is on Member States • demonstrate that the aid is well tailored, limited to the necessary amount and does not unduly distort competition.
Aid to simulcast• (Public) TV considered as essential service • MS aim ensuring seamless transition• Simulcast analogue content on digital spectrum to allow citizens readjusting television sets • in average more than 12 months • triggers additional costs for the broadcasters• Several SA decisions • E.g. Decision of 17.11.2010 regarding Slovakia http://ec.europa.eu/competition/state_aid/cases/23723 5/237235_1178653_66_3.pdf
Competition Directive 2002/77• 2006 Altroconsumo • Infringement procedure against Italy regarding legislation on the transition from analogue to digital terrestrial broadcasting in breach of Competition Directive • Involves also Electronic Communications Directives • Unjustified restrictions on new broadcasters and advantages granted to existing analogue operators
Further procedures• France • Spectrum for additional TV channels granted to incumbent analogue broadcasters outside open, non- discriminatory procedure • No justification • Solution: tender was held• Bulgaria • Spectrum assigned on the basis of criteria which were not proportionate • New tender announced + cost orientation broadcast tariffs
Parallel sector specific regulation• Directive 2002/21/EC "Framework Directive" rRequires MS to review electronic communications markets and impose ex ante remedies, where necessary• Several MS (e.g. ES, Fr, PL, ES) have imposed access obligations to facilities of operators of broadcasting networks, which cannot be easily duplicated • E.g. masts higher than 50 meters• As a result, possible competition on the wholesale level (alternative multiplex operators)
Media pluralism vs competition• Competition law aims to control market power to prevent restrictions of competition • Open, competitive markets do not always guarantee diversity of opinions, since competing undertakings may align their editorial lines.• Media pluralisms aims to guarantee diversity of opinions • “internal” pluralism rules : rules ensuring the expression of diverse opinions on the public broadcasters • “external” pluralism rules : provisions limiting structurally the number of channels that the same media group may control.
Conclusion• Discretion MS in regulating digital switchover is limited by • Reformed EU Regulatory framework for Electronic Communications services and Spectrum harmonization • The Competition Directive • The audiovisual media Services Directive (AVMSD) • Article 4(3) TEU or Article 106 TFEU in conjunction with Articles 101 and 102 TFEU • Charter of fundamental rights • Planned Framework Directive on collective rights management• In the EU : • regulation mainly at Member State or sub national level • + basic principles set in the process of Competition Law enforcement, both at EU level and at national level
Issues to consider• √ How to keep markets open? • Standard setting bodies, competition authorities and regulators to liaise• √ National market situations vary• √ Timeliness intervention is key • Investors need a predictable framework • Digital TV Channel number assignment is more than symbolic moment