1. 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
2. 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
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
4
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
5
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
6
7. 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
8. 2. Audiovisual Media Services
Directive
- audiovisual content rules apply to all
platforms
- covers broadcasting and on demand
services
8
10. 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
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11. 3. Radio spectrum policies
• 2002: Creation of an advisory panel on radio spectrum
policy: Radio Spectrum Policy Group
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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
12
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
13
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
14
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)
15
16. 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
18. 4. Policy to accelerate the transition
from analogue to digital
broadcasting
• Co-ordination of the switch-over plans of the Member
States
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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
19
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
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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
21
22. 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
23. 4. Policy to accelerate the transition
from analogue to digital
broadcasting
• Strategies to be developed in the framework
of the transition process
23
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
24
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
25
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
26
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
27
28. 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
29. 4. Policy to accelerate the transition
from analogue to digital
broadcasting
...
– Factors that contribute to a succesful
switchover policy
29
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)
30
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
31
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
32
33. 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
35. Legal Framework for Mobile TV
Networks and Services
Objectives
• no unnecessary obligations on market players
35
36. 5. Legal Framework for Mobile TV
Networks and Services
Objectives
• no unnecessary obligations on market players
• minimum requirements to ensure efficient use of
frequencies
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40. 5. Legal Framework for Mobile TV
Networks and Services
Best practices
• Assignment of frequencies to platform
operator
40
41. 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
42. 5. Legal Framework for Mobile
TV Networks and Services
Best practices
1. Main regulatory models
2. Best practices guidelines
42
43. 5. Legal Framework for Mobile
TV Networks and Services
Best practices
1. Main regulatory models
43
44. 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
45. 5. Legal Framework for Mobile
TV Networks and Services
Best practices
1. Main regulatory models
1. Extension of existing DTT rules
45
46. 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
47. 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
48. 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
49. 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
50. 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…
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51. 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
52. 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
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:
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54. 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
55. 5. Legal Framework for Mobile
TV Networks and Services
Best practices
2. Best practice guidelines
1. General framework
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56. 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
57. 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
58. 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
59. 5. Legal Framework for Mobile
TV Networks and Services
Best practices
2. Best practice guidelines
1. General framework
2. Authorisation regimes
59
60. 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
61. 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
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62. 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
63. 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
64. 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
65. 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
66. 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
67. 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
68. 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
69. 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
70. 5. Legal Framework for Mobile
TV Networks and Services
Best practices
2. Best practice guidelines
4. Specific aspects
2. 'must carry' = 'must have‘
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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
71
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
72
73. 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
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