IPTV reg - tech

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IPTV Regulation
Policy & Regulatory Challenges
of convergence: Mobile, Digital, IP
Dr. Thomas Hart
Regulatory Expert
EU-China Information Society Project
[email protected]
[email protected]
IPTV Regulation
OUTLINE
I
i2010 Information Society – The umbrella
II
Electronic communications (telecom) policy
III
Audiovisual policy
IV
Applying the Framework to Convergence
IPTV Regulation
OUTLINE
I
i2010 Information Society – The umbrella
II
Electronic communications (telecom) policy
III
Audiovisual policy
IV
Applying the Framework to Convergence
IPTV Regulation
i2010: Three Priorities
1. A Single European Information Space
2. Innovation and investment in research
3. Inclusion, better public services and quality of life
IPTV Regulation
Tools for Implementation
Stakeholders
Dialogue
MS Cooperation
Reporting
High level
events
i2010 events
Governance
Communication
Legislation
Review and
revision of
the
regulatory
frameworks
i 2010
Financial
Support
Benchmarking
and Monitoring
MODINIS
ICT FUND - CIP
FP 6 and 7
Others (SF)
Specific discussion
IPTV Regulation
Review and Revision of
Regulatory Frameworks
 Communications Policy:
e-Communications Regulatory Framework
 Audiovisual Policy:
“TV Without Frontiers” Directive
IPTV Regulation
OUTLINE
I
i2010 Information Society – The umbrella
II
Electronic communications (telecom) policy
III
Audiovisual policy
IV
Applying the Framework to Convergence
IPTV Regulation
Electronic Communications
Scope is all networks and services – independent of infrastructure
Content Services
Outside scope of EU framework
(e.g. broadcast content, e-commerce services)
Communications Services
(e.g. telephone, fax, e-mail)
Communications Networks
(e.g. fixed, mobile, satellite, cable TV, powerline systems,
networks used for radio and television broadcasting)
and associated facilities
IPTV Regulation
Regulatory Approach to the
Existing Framework
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Identify markets
• Product markets (e.g. call termination)
• Geographical markets (e.g. local, national, global)
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See whether there are dominant operators on those markets
(Significant Market Power)
• Minimal and linked to degree of competition
• Flexible BUT harmonised at a European level
• Technologically neutral
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Regulate only where an operator has a dominant position in an
identified market where competition is not effective
Rely increasingly on competition law
IPTV Regulation
Some Key Characteristics of the
Existing Framework
•Licensing – simplified market entry for communications
service providers
•“Light touch” regulation – linked to degree of
competition
•Identify markets
•Identify firms with Significant Market Power (SMP)
•Access (“Interconnection”)
•Obligations on SMP operators
•Independence of regulators
IPTV Regulation
Proposals for Change
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Spectrum management
Streamlining market reviews
Consolidating the internal market
Strengthening consumer protection and user rights
Improving security
Removing outdated provisions
Investment and innovation
How to deal with new, emerging services, e.g. IPTV
Structural separation
Regulatory models
IPTV Regulation
OUTLINE
I
i2010 Information Society – The umbrella
II
Electronic communications (telecom) policy
III
Audiovisual policy
IV
Applying the Framework to Convergence
IPTV Regulation
Modernising the
“TV without Frontiers” Directive
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Existing EU rules: limited to traditional TV; created the conditions
necessary for free movement of TV broadcasts within the EU
• Minimum standards applicable to all MS  MS apply their national broadcast
legislation, within the limits of the EU framework
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Why change? Convergence of technologies and services
• E.g. traditional (linear) TV plus Internet TV, mobile TV, video on demand, peer
to peer exchanges, new advertising methods, etc.
Need to broaden the scope of the “TV without Frontiers” Directive to
include existing novelties
Yet, at the same time, need to ensure that new services which are not
the same as traditional broadcasting services, are not held up by
heavy broadcasting rules
IPTV Regulation
OUTLINE
I
i2010 Information Society – The umbrella
II
Electronic communications (telecom) policy
III
Audiovisual policy
IV
Applying the Framework to Convergence
IPTV Regulation
Regulation:
Distinction necessary
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Internet TV: content is transmitted across the
public internet to the private internet access
pipes into the homes (stream or on-demand)
IPTV: content usually sourced directly onto
the private access pipes coming to the home.
Content originates at the head ends and takes
private pipes all the way.
IPTV Regulation
Internet-TV: Regulation
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“Internet-TV” does not exist from a regulatory
perspective – it is merely another website
same regulation as for other Internet services applies
“light” regulation: no specific restrictions, no license
requirements
general provisions on copyright, youth protection, hate
speech, etc.
non-specific provisions apply fully
(civil code, antitrust, criminal law)
country-specific regulations apply (e.g. age verification
system, imprint requirement)
IPTV Regulation
IPTV: Regulation
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IPTV providers are primarily telecoms
companies offering DSL lines
 communications regulation applies in
principle (market definition, SMP, ONP,
interconnection, price reg. ...)
Content regulation: as for web services, not as
for broadcasting services!
IPTV Regulation
Broadcasting vs. IPTV
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different regulatory treatment
strong regulation of broadcasting because of
high opinion-building power of tv programmes
soft regulation of IPTV because of fragmented
audiences of all IP-services  little influence
on public opinion
but IPTV networks and cable networks
are able to carry the same content and
service
And Cable TV Networks actually do
the same …
IPTV Regulation
The Mobile Challenge
A “New Mobile Horizon”?
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The New Wireless World looks certain to provide an ever-increasing
number of different offerings, rather than any single and uniformed
service carried by any single kind of network.
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Mobile telephony is replacing fixed voice services, due to decreased
prices and the convenience of one handset, one address-book, one
voice-mail, etc. However, this feature is not easy to replicate when
it comes to more advanced and “capacity-hungry” services.
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Pricing strategies are critical; unlimited access at flat rates might
not be sustainable where there is a capacity limit. Network buildouts can prove increasingly costly, and investments difficult to
recover.
Pretty much identical to what they said
about the “broadband challenge”
IPTV Regulation
Mobile TV
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EU Commercial services in: Italy and Finland
trials in: Austria, Belgium, the Czech Republic, Denmark,
Germany, France, Hungary, Ireland, Latvia, Lithuania,
Luxembourg, The Netherlands, Poland, Portugal, Slovenia,
Spain, Sweden, UK
69 million global subscribers are forecast by 2009,
generating revenues of 4-5 billion Euro.
Example Projects supported by EU:
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MELISA: Sports fans get closer to the action – in real time
INSTINCT: Bringing handheld mobile digital video
broadcasting to reality
MAMBO: Digital video broadcasting over the Net. Wireless
access network
IPTV Regulation
A Light Touch on Mobile TV
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Mobile TV can be broadcast over different types of
networks and the regulatory models vary
considerably across the EU
light touch regulatory approach favoured by EU
Commission
Currently no plans for public service “must carry”
obligations
IPTV Regulation
EU’s Three Pillar Mobile TV Strategy
1.
joint approach to the licensing of mobile TV
 Authorisation procedures will be developed
2.
making available spectrum for these services, possibly in the
UHF frequency band
 WRC approved of UHF use through non-licensed services
3.
promoting the use of DVB-H as the mobile TV standard for
Europe
 DVB-H listed as official EU standard
IPTV Regulation
Standards as regulators’ key task
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Standardisation and Interoperability at the core of regulatory
attention, but is an EU-endorsed standard required?
DVB-H, MediaFLO, DMB, DAB-IP?
European Mobile Broadcasting Council was established mid-2006
with the aim of industry self-regulation, but did not come up with a
standard
July 2007: Commission has adopted a strategy, urging Member
States and industry to push mobile tv development and
deployment. The DVB-H standards is recommended and will be
included in the list of endorsed standards (compulsory “support
and encouragement” by members)
Some member states keep supporting various standards: e.g.
licenses for DMB and DVB-H in Germany
IPTV Regulation
Regulatory Environment is
not fully consistent
“Despite a general European move towards deregulation, there is a
disparity between the regulation of old-world TV platforms
(terrestrial, cable, satellite) and new delivery technologies like
IPTV (sometimes also referred to as DSL TV).
IPTV is widely regulated under telecoms law, despite providing a
full-channel pay television service in every way equivalent to
those on cable.
... there was a feeling that this could impact the way in which
adult content and advertising content was regulated.”
Source:
Interactive content and convergence: Implications for the information society.
A Study for the European Commission (DG Information Society and Media),
2006
IPTV Regulation
Modernisation of the “TV without Frontiers” Directive
 “Audiovisual Media Services Without Frontiers”
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Regulatory disparity requires revision of regulation
New rules for audiovisual services to be based on content, rather than
mode of delivery
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Distinguish between traditional broadcast or linear (‘push’) services and
‘on-demand’ (‘pull’) services
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‘On-demand’ services to be subject only to a basic set of minimum
principles
• E.g. to protect minors and prevent incitement to racial hatred
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Simplify and liberalise rules on inserting advertising in TV programmes
(limits to hourly quantity remain), simplify product placement
Member States will be given 24 months to convert the new rules into
national law, so that they fully apply in 2009.
IPTV Regulation
For More Information….
• e-Communications:Tomorrow’s Framework
http://europa.eu.int/information_society/policy/ecomm/tomorro
w/index_en.htm
• EU Audiovisual and Media Policies:
http://ec.europa.eu/comm/avpolicy/reg/index_en.htm
• Mobile Broadcasting:
http://ec.europa.eu/information_society/industry/broadcasting/
mobile/