ETSI TR 102 688-3 V1.1.1 (2010-03)

Media Content Distribution (MCD); MCD framework; Part 3: Regulatory issues, social needs and policy matters

DTR/MCD-00003

General Information

• Status: Published
• Publication Date: 28-Feb-2010
• Technical Committee: MCD - Media Content Distribution
• Current Stage: 12 - Completion
• Due Date: 01-Mar-2010
• Completion Date: 01-Mar-2010

Standards Content (Sample)

Technical Report
Media Content Distribution (MCD);
MCD framework;
Part 3: Regulatory issues, social needs and policy matters

2 ETSI TR 102 688-3 V1.1.1 (2010-03)

Reference
DTR/MCD-00003
Keywords
audio, broadcast, content, IP, multimedia,
regulation, TV, video
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3 ETSI TR 102 688-3 V1.1.1 (2010-03)
Contents
Intellectual Property Rights . 5
Foreword . 5
Introduction . 5
1 Scope . 6
2 References . 6
2.1 Normative references . 6
2.2 Informative references . 7
3 Definitions and abbreviations . 10
3.1 Definitions . 10
3.2 Abbreviations . 12
4 General and common aspects . 13
5 Major regulatory frameworks . 13
6 TV without frontiers (TVwF-D) and the AudioVisual Media Services Directives (AVMS-D) . 14
6.1 Scope and application . 14
6.2 Most relevant rules . 15
6.2.1 Freedom of reception . 15
6.2.2 Support people with disabilities . 15
6.2.3 Requirements on all services . 15
6.2.4 Requirements on on-demand services. 16
6.2.5 Requirements on TV broadcasting . 16
6.2.6 Country of origin . 17
6.2.7 Self-regulation . 17
6.3 Issues . 17
6.4 ETSI work . 17
7 e-Communications Networks and Services Directives (ECN&S-D) . 18
7.1 Scope and application . 18
7.2 Most relevant rules . 19
7.2.1 Must Carry . 19
7.2.2 Interoperability . 19
7.2.2.1 Services . 19
7.2.2.2 Equipment . 21
7.3 Issues . 22
7.4 ETSI work . 22
8 Radio and Telecommunications Terminal Equipment Directive (R&TTE). 23
8.1 Scope and application . 23
8.2 Most relevant rules . 24
8.2.1 Essential requirements . 24
8.2.2 Publication of the interfaces offered to the public (NTP) . 24
8.3 Issues . 25
8.4 ETSI work . 25
9 Special measures and social needs associated with regulatory framework . 25
9.1 EU policies . 25
9.2 Power limitation for broadband terminals and for TV receivers . 26
9.3 Emergency situations and alarming population . 27
9.4 Must-Carry rules . 28
9.5 Licensing Content Providers for national or regional broadcasting . 28
9.6 Often mandatory broadcasted TV additional services . 28
9.6.1 EPG, BCG, ESG and comparable services (enhance text) . 29
9.6.2 e.accessibility and services for users with special needs . 29
9.6.3 Multiple audio channels for the same video transmission . 30
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4 ETSI TR 102 688-3 V1.1.1 (2010-03)
9.6.4 Subtitling . 30
9.6.5 Teletext . 30
9.6.6 Descriptive Audio . 30
9.6.7 Closed/Open Captions . 31
9.7 Rights to distribute and to consume contents . 31
9.8 Parental control . 31
9.9 Interoperability Requirements and Consequences for MCD . 32
9.9.1 Interoperability Constraints for Market Players . 32
9.9.2 Views / Guidance on Interoperability . 32
9.9.3 Open Interfaces for Interoperability . 33
9.9.4 Interoperability Test Scenarios . 33
Annex A: Copy of helpful text from relevant documents . 34
A.1 From annex I of the Access Directive . 34
History . 35

ETSI
5 ETSI TR 102 688-3 V1.1.1 (2010-03)
Intellectual Property Rights
IPRs essential or potentially essential to the present document may have been declared to ETSI. The information
pertaining to these essential IPRs, if any, is publicly available for ETSI members and non-members, and can be found
in ETSI SR 000 314: "Intellectual Property Rights (IPRs); Essential, or potentially Essential, IPRs notified to ETSI in
respect of ETSI standards", which is available from the ETSI Secretariat. Latest updates are available on the ETSI Web
server (http://webapp.etsi.org/IPR/home.asp).
Pursuant to the ETSI IPR Policy, no investigation, including IPR searches, has been carried out by ETSI. No guarantee
can be given as to the existence of other IPRs not referenced in ETSI SR 000 314 (or the updates on the ETSI Web
server) which are, or may be, or may become, essential to the present document.
Foreword
This Technical Report (TR) has been produced by ETSI Technical Committee Media Content Distribution (MCD).
This is a multi-part deliverable identifiable by the same main number and a common part of the title. This set of partial
deliverables (parts and sub-parts handled and published independently but treated in a coordinated form) builds a whole
deliverable handling the subject identified by the common part of the title.
The common part of the title is Media Content Distribution framework.
Each part and sub-part of the present set of deliverables covers a specific subject specified in the corresponding scope
and referred to in the specific part of the title. To each part and sub-part of the whole deliverable, a specific number
attached to the common main number of the deliverable will also be assigned.
The present document, the only one providing an overview of regulatory issues, social needs and policy matters, is
part 3 of the multi-part deliverable covering the Media Content Distribution framework, as identified in part 1 [i.28] of
this multi-part deliverable.
For a rational maintenance and easy usage of the complete set of the documents, only part 1 of the set of the documents,
will maintain an updated list of the documents in the series, all the other documents should refer to part 1 [i.28],
working therefore as the central point of the series.
Introduction
In the context of MCD work, as explained in part 1 [i.28] of this series of documents, the collection of regulatory issues
were early identified as a major step to proceed to the necessary analysis in this sector.
Regulatory issues, social needs and policy matters build a nucleus of central information for the majority of the market
players to be aware of their environment and prevent to deploy services or to build equipment, which might be not
appropriate to be offered on the market. It is therefore important to collect and list most relevant applicable regulatory
ruling and sectoral policies and associate them whenever possible with the social needs associated to them.
This material is expected to be a central tool for the identification of MCD requirements and the specification of a
roadmap for the standardization work to be developed.
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6 ETSI TR 102 688-3 V1.1.1 (2010-03)
1 Scope
The present document belongs to a multi-part deliverable proceeding to the widest possible coordinated study on the
Media Content Distribution (MCD) matters with the primarily goal of identifying standardization needs not covered or
not correctly covered at the present stage of development. This set of documents will cover at least the activities and
areas better specified in part 1 of this set of documents.
The present document is part 3 of the multi-part deliverable and studies regulatory issues, social needs and policy
matters falling within the wide scope of this set of documents.
The study to be undertaken will focus on Europe as much as possible but it will mention most relevant national
applications or other important national measures, trying to understand the reasoning for them. Very important
exceptions should be identified. At least in the first edition of the document an exhaustive listing of national specific
and sometimes contradictory (among different countries) requirements is excluded.
The issues identified are not handled at the very last detail and the purpose of the document is rather to raise the
awareness from the industry for the existing regulation and policy and from the regulating authorities for the industry
views and difficulties to apply relevant policy and regulatory documents.
2 References
References are either specific (identified by date of publication and/or edition number or version number) or
non-specific.
• For a specific reference, subsequent revisions do not apply.
• Non-specific reference may be made only to a complete document or a part thereof and only in the following
cases:
- if it is accepted that it will be possible to use all future changes of the referenced document for the
purposes of the referring document;
- for informative references.
Referenced documents which are not found to be publicly available in the expected location might be found at
http://docbox.etsi.org/Reference.
NOTE: While any hyperlinks included in this clause were valid at the time of publication ETSI cannot guarantee
their long term validity.
2.1 Normative references
The following referenced documents are indispensable for the application of the present document. For dated
references, only the edition cited applies. For non-specific references, the latest edition of the referenced document
(including any amendments) applies.
Not applicable.
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7 ETSI TR 102 688-3 V1.1.1 (2010-03)
2.2 Informative references
The following referenced documents are not essential to the use of the present document but they assist the user with
regard to a particular subject area. For non-specific references, the latest version of the referenced document (including
any amendments) applies.
[i.1] Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio
equipment and telecommunications terminal equipment and the mutual recognition of their
conformity (R&TTE Directive).
[i.2] Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access
to, and interconnection of, electronic communications networks and associated facilities
(Access Directive).
[i.3] Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the
authorisation of electronic communications networks and services (Authorisation Directive).
[i.4] Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a
common regulatory framework for electronic communications networks and services
(Framework Directive, (FwD)).
[i.5] Directive 2002/22/EC of the European Parliament and of the Council of 7 march 2002 on universal
service and users' rights relating to electronic communications networks and services
(Universal Service Directive, (USD)).
[i.6] Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning
the processing of personal data and the protection of privacy in the electronic communications
sector (Directive on privacy and electronic communications).
[i.7] Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for
electronic communications networks and services.
[i.8] Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on
the approximation of the laws of the Member States relating to electromagnetic compatibility and
repealing Directive 89/336/EEC (EMC Directive).
[i.9] Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member
States relating to electromagnetic compatibility (EMC Directive).
NOTE: Updated by [i.8].
[i.10] Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a
regulatory framework for radio spectrum policy in the European Community (Radio Spectrum
Decision).
[i.11] Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December
2000 on unbundled access to the local loop (ULL Regulation).
[i.12] Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006 on the
harmonisation of the laws of Member States relating to electrical equipment designed for use
within certain voltage limits (Low Voltage Directive (LVD)).
[i.13] Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member
States relating to electrical equipment designed for use within certain voltage limits (Low Voltage
Directive (LVD)).
NOTE: Updated by [i.12].
[i.14] European Convention on Transfrontier Television , Strasbourg, 5.V.1989; Text amended
according to the provisions of the Protocol (ETS No. 171) which entered into force, on
1 March 2002.
NOTE: The above convention is in anadvanced phase of revision for alignment with AVMSD [i.15].
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8 ETSI TR 102 688-3 V1.1.1 (2010-03)
[i.15] Directive 89/552/EEC of 3 October 1989 of the European Parliament and of the Council on the
coordination of certain provisions laid down by law, regulation or administrative action in Member
States concerning the provision of audiovisual media services (Audiovisual Media Services
Directive).
NOTE: The above AVMSD [i.15] is the result of the Directive 89/552 [i.15] amended by Directive 97/36/EC of
the European Parliament and of the Council of 30 June 1997 [i.17] and Directive 2007/65/EC of the
European Parliament and of the Council of 11 December 2007 [i.16].
[i.16] Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007
amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by
law, regulation or administrative action in Member States concerning the pursuit of television
broadcasting activities.
NOTE: Amending Directive resulting in the AVMSD [i.15].
[i.17] Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending
Council Directive 89/552/EEC on the coordination of certain provisions laid down by law,
regulation or administrative action in Member States concerning the pursuit of television
broadcasting activities.
NOTE: Updated by [i.16].
[i.18] Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004
on cooperation between national authorities responsible for the enforcement of consumer
protection laws.
[i.19] COMMISSION REGULATION (EC) No 107/2009 of 4 February 2009 implementing Directive
2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements
for simple set-top boxes.
[i.20] ETSI SR 002 211 (V1.1.1): "List of standards and/or specifications for electronic communications
networks, services and associated facilities and services; in accordance with Article 17 of
Directive 2002/21/EC".
[i.21] ETSI SR 002 211 (V2.1.2): "Electronic communications networks and services; Candidate list of
standards and/or specifications in accordance with Article 17 of Directive 2002/21/EC".
[i.22] ETSI SR 002 586: "Electronic communications networks and services; Consequence on the NGN
standardization activity from the EU ECN&S regulatory view point".
[i.23] ETSI TR 102 299: "Emergency Communications; Collection of European Regulatory Texts and
orientations".
[i.24] ETSI EG 201 399: "Electromagnetic compatibility and Radio spectrum Matters (ERM); A guide to
the production of candidate Harmonized Standards for application under the R&TTE Directive".
[i.25] ETSI EG 201 450: "Guidance on the identification of Harmonized Standards and/or other
technical specifications for Radio equipment and Telecommunications Terminal Equipment
(R&TTE) covering requirements under article 3.1 of Directive 1999/5/EC".
[i.26] ETSI EG 201 730-1 (V2.1.3): "Terminals' access to Public Telecommunications Networks;
Application of the Directive 1999/5/EC (R&TTE), article 4.2; Guidelines for the publication of
interface specifications; Part 1: General and common aspects".
[i.27] ETSI TS 105 174: "Access and Terminals (AT); Relationship between installations, cabling and
communications systems; Standardization work published and in development".
[i.28] ETSI TR 102 688-1: "Media Content Distribution (MCD); MCD framework; Part 1: Overview of
interest areas".
[i.29] Council Decision 2006/515/EC of 18 May 2006 on the conclusion of the Convention on the
Protection and Promotion of the Diversity of Cultural Expressions.
[i.30] ETSI EN 300 468: "Digital Video Broadcasting (DVB); Specification for Service Information (SI)
in DVB systems".
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9 ETSI TR 102 688-3 V1.1.1 (2010-03)
[i.31] ETSI EN 300 743: "Digital Video Broadcasting (DVB); Subtitling systems".
[i.32] ETSI EN 300 472: "Digital Video Broadcasting (DVB); Specification for conveying ITU-R
System B Teletext in DVB bitstreams".
[i.33] ETSI EN 300 706: "Enhanced Teletext specification".
[i.34] ETSI TR 102 282: "Standardization Work Programme in support of digital interactive television
and the effective implementation of article 18 of Directive 2002/21/EC".
[i.35] ETSI TS 102 182: "Emergency Communications (EMTEL); Requirements for communications
from authorities/organizations to individuals, groups or the general public during emergencies".
[i.36] ETSI TR 102 444: " Emergency Communications (EMTEL); Analysis of the Short Message
Service (SMS) and Cell Broadcast Service (CBS) for Emergency Messaging applications;
Emergency Messaging; SMS and CBS".
[i.37] ITU-T Recommendation Y.1901: "Requirements for the support of IPTV services".
[i.38] ETSI EN 300 707: "Electronic Programme Guide (EPG); Protocol for a TV Guide using electronic
data transmission".
[i.39] ETSI TR 101 288: "Television systems; Code of practice for an Electronic Programme Guide
(EPG)".
[i.40] ISO/IEC Guide 71: "Guidelines for standards developers to address the needs of older persons and
persons with disabilities".
[i.41] ETSI EN 300 708: "Television systems; Data transmission within Teletext".
[i.42] ETSI TR 100 287: "Television systems; Code of practice for enhanced Teletext".
[i.43] EBU TECH.3264-E: "Specification of the EBU Subtitling data exchange format".
[i.44] ETSI TS 102 825 (all parts): "Digital Video Broadcasting (DVB); Content Protection and Copy
Management (DVB-CPCM)".
[i.45] United Nations Convention on the Rights of Persons with Disabilities .
[i.46] ITU-T Recommendation E.106: "International Emergency Preference Scheme for disaster relief
operations (IEPS)".
[i.47] ITU-T Recommendation H.460.21: "Message Broadcast for H.323 Systems".
[i.48] ITU-T Recommendation J.260: "Requirements for Emergency/Disaster Communications over
IPCablecom Networks".
[i.49] ITU-T Recommendation J.261: "Framework for implementing preferential telecommunications in
IPCablecom and IPCablecom2 networks".
[i.50] ITU-T Recommendation J.262: "Specifications for authentication in preferential
telecommunications over IPCablecom2 networks".
[i.51] ITU-T Recommendation J.263: "Specification for priority in preferential telecommunications over
IPCablecom2 networks".
[i.52] Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009
amending Directives 2002/21/EC on a common regulatory framework for electronic
communications networks and services, 2002/19/EC on access to, and interconnection of,
electronic communications networks and associated facilities, and 2002/20/EC on the authorisation
of electronic communications networks and services.
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[i.53] Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009
amending Directive 2002/22/EC on universal service and users' rights relating to electronic
communications networks and services, Directive 2002/58/EC concerning the processing of
personal data and the protection of privacy in the electronic communications sector and Regulation
(EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement
of consumer protection laws.
NOTE 1: References [i.1], [i.8], [i.9], [i.10], [i.11], [i.12], [i.13], [i.22] and [i.23] might be considered out of scope
of MCD as content distribution is increasingly independent from the underlaying infrastructures.
Nevertheless, to support the explanations of the document and facilitate the overall regulatory frame
conditions of the converging telecom and broadcasting markets the references are kept.
NOTE 2: All EU legislation is available at: http://eur-lex.europa.eu/en/index.htm.
3 Definitions and abbreviations
3.1 Definitions
For the purposes of the present document, the following terms and definitions apply:
audiovisual commercial communication: images with or without sound which are designed to promote, directly or
indirectly, the goods, services or image of a natural or legal entity pursuing an economic activity
NOTE 1: Such images accompany or are included in a programme in return for payment or for similar
consideration or for self-promotional purposes. Forms of audiovisual commercial communication include,
inter alia, television advertising, sponsorship, teleshopping and product placement.
NOTE 2: This is based on AVMSD [i.15], Article 1 §2 (h).
AudioVisual Media Service (AVMS):
- a service as defined by Articles 49 and 50 of the Treaty which is under the editorial responsibility of a media
service provider and the principal purpose of which is the provision of programmes in order to inform,
entertain or educate, to the general public by electronic communications networks; and/or
NOTE 1: Within the meaning of Article 2(a) of Directive 2002/21/EC [i.4]. Such an audiovisual media service is
either a television broadcast as defined in point (e) of this Article or an on-demand audiovisual media
service as defined in point (g) of this Article.
- audiovisual commercial communication
NOTE 2: This is based on AVMSD [i.15], Article 1 §2 (a).
captions: provide a real-time on-screen transcript of the dialogue as well as any sound effects
NOTE 1: This service can be provided by means of either textual or graphical supplementary content. The captions
and the dialogue are usually in the same language. The service is primarily to assist users having
difficulty hearing the sound. Ideally, users may have some control over the position and size of the
presentation. Different speakers are distinguished, usually by different colours.
NOTE 2: This is based on ITU-T Recommendation Y.1901 [i.37], section 3.2.4.
Content Provider (CP): generic designation for all those making available any kind of content where they have
editorial responsibility or represent those with editorial responsibility
NOTE: In the context of AVMSD [i.15] the designation Content Provider (CP) is equivalent to Media Service
Provider (MSP).
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11 ETSI TR 102 688-3 V1.1.1 (2010-03)
electronic communications network (ECN): transmission systems and where applicable, switching or routing
equipment and other resources, including network elements which are not active, which permit the conveyance of
signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed
(circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent
that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable
television networks, irrespective of the type of information conveyed
NOTE: This is based on the FwD [i.4], Article 2, Definitions, (a) after amendment by the new Directive [i.52].
electronic communications service (ECS): service normally provided for remuneration which consists wholly or
mainly in the conveyance of signals on electronic communications networks, including telecommunications services
and transmission services in networks used for broadcasting, but exclude services providing, or exercising editorial
control over, content transmitted using electronic communications networks and services; it does not include
information society services, as defined in Article 1 of Directive 98/34/EC, which do not consist wholly or mainly in the
conveyance of signals on electronic communications networks
NOTE: This is based on the FwD [i.4], Article 2, Definitions, (c).
Electronic Communications Service Provider (ECSP): those offering ECS; in the context of Media Content
Distribution (MCD) means those that offer the contents available from Content Providers but do not have editorial
interference on it
Media Service Provider (MSP): natural or legal person who has editorial responsibility for the choice of the
audiovisual content of the audiovisual media service and determines the manner in which it is organised
NOTE: This is based on AVMSD [i.15], Article 1 §2 (d).
Network Termination Point (NTP): physical point at which a subscriber is provided with access to a public
communications network; in the case of networks involving switching or routing, the NTP is identified by means of a
specific network address, which may be linked to a subscriber number or name
NOTE 1: This is based on the new version of the FwD article 2(da), after amendment by the new Directive [i.52].
NOTE 2: In the R&TTE Directive [i.1] a NTP is a physical connection point at which a user is provided with
access to public telecommunications network.
television broadcasting or television broadcast: (i.e. a linear audiovisual media service) audiovisual media service
provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule
NOTE: This is based on AVMSD [i.15], Article 1 §2 (e).
broadcaster: media service provider of television broadcasts
NOTE: This is based on AVMSD [i.15], Article 1 §2(f).
on-demand audiovisual media service: (i.e. a nonlinear audiovisual media service) audiovisual media service
provided by a media service provider for the viewing of programmes at the moment chosen by the user and at his
individual request on the basis of a catalogue of programmes selected by the media service provider
NOTE: This is based on AVMSD [i.15], Article 1 §2 (g).
IPTV: multimedia services such as television/video/ audio/text/graphics/data delivered over IP-based networks
managed to support the required level of QoS/QoE, security, interactivity and reliability
NOTE: This is based on ITU-T Recommendation Y.1901 [i.37].
retransmission: signifies the fact of receiving and simultaneously transmitting, irrespective of the technical means
employed, complete and unchanged television programme services, or important parts of such services, transmitted by
broadcasters for reception by the general public
NOTE: This is based on the European Convention on Transfrontier Television [i.14], Article 2 (b).
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transmission: initial emission by terrestrial transmitter, by cable, or by satellite of whatever nature, in encoded or
unencoded form, of television programme services for reception by the general public
NOTE 1: It does not include communication services operating on individual demand.
NOTE 2: This is based on the European Convention on Transfrontier Television [i.14], Article 2 (a).
3.2 Abbreviations
For the purposes of the present document, the following abbreviations apply:
AVMS AudioVisual Media Services
AVMS-D AudioVisual Media Services Directive 2007/65/EC

NOTE: See [i.16].
BCG Broadband Content Guide
CA Conditional Access
CAS Conditional Access System
CI Common Interface
CP Content Provider
CPCM Content Protection and Copy Management
CSA Common Scrambling Algorithm
DRM Digital Rights Management
DVB Digital Video Broadcast (-C for Cable, -T for Terrestrial, -S for Satellite)
ECN Electronic Communications Network
ECN&S Electronic Communications Networks and Services
ECN&S-D ECN&S Directives
ECS Electronic Communications Service
ECSP Electronic Communications Service Provider
EPG Electronic Programme Guide
ESG Electronic Service Guide
EU European Union
FwD Framework Directive 2002/21/EC

NOTE: See [i.4].
IDTV Integrated Digital TV
IP Internet Protocol
IPTV Internet Protocol TeleVision

NOTE: Based on ITU definition, over managed networks.
ISG Interactive Programme Guide
MCD Media Content Distribution
MSP Media Service Provider
NO Network Operator
NTP Network Termination Point
PoI Point of Interconnection
R&TTE Radio equipment and Telecommunications Terminal Equipment
R&TTE-D R&TTE Directive 1999/5/EC

NOTE: See [i.1].
SP Service Provider
STB Set Top Box
TV TeleVision
TVwF TeleVision without Frontiers Directive 89/552/EEC

NOTE: See [i.15].
UN United Nations
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USA United States of America
USO Universal Service Obligation
VoD Video on Demand
4 General and common aspects
The present document aims the clarification of regulatory and policy frame conditions applicable in Europe based on
the EU framing documents. References to similar conditions or documents from other regions or national specific may
be done but will not be the focus of the document. The objective is to bring different views from different sectors of the
industry and of the authorities together and facilitate a useful debate. Therefore the present document should rather offer
overviews of relevant aspects than provide solutions.
To organize and develop the document and for an easier consultation, the following global graphic representation was
considered (the same as in clause 4.2, figure 2 of TR 102 688-1 [i.28]).
Terminals Access Network  Core Network

Information Society Services
Communication Services:
Telecom & Broadcast, networks & services, platforms

Infrastructures, equipment including spectrum issues

NTP
Figure 1: Reference graphic representation of communications systems areas
It should be noted that this representation corresponds widely to the 3 main regulatory frameworks identified in the
clause 5 of the present document. It is nevertheless not the goal of the present document to establish borderlines among
the represented areas and also not among the identified regulating documents.
5 Major regulatory frameworks
In Europe the most consistent and relevant regulation system applicable to the widest number of countries and
population is the one adopted in the EU. All (27 in 2009) EU Member States must transpose into their national
legislation the EU Directives. Other countries (3 candidate countries to the EU and 19 other European countries
in 2009), depending on their agreements with the EU and their policy, adopt in general very similar rules. This results in
a reasonable level of convergence of the regulatory framing conditions overall in Europe even if in some cases different
specific implementation measures are applicable in the different countries.
With the intensification of the worldwide activity in the ICT sector some countries outside Europe are also following
comparable frame conditions for their markets.
In Europe there are 3 main domains of regulation applying MCD communications:
• The AVMSD [i.15], handling the media policy and contents aspects; these aspects are mainly covered in
clause 6.
• The ECN&S set of directives, where the FwD [i.4] is the main document, covering aspects of the
communications services and networks; these aspects are mainly covered in clause 7.
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• The R&TTE-D [i.1], covering aspects of safety (also covered by the LVD [i.12]), of electromagnetic
compatibility (also covered by the EMCD [i.8]) and essential aspects of the radio spectrum on radio
equipment. We may say that this directive covers mainly infrastructures and equipment aspects; these aspects
are covered in clause 8.
Regularly updated generic information can be found on following ETSI website:
• http://www.etsi.org/WebSite/AboutETSI/RoleinEurope/Publicpolicy.aspx
6 TV without frontiers (TVwF-D) and the AudioVisual
Media Services Directives (AVMS-D)
The Council of Europe has adopted the European Convention on Transfrontier Television [i.14], which is at present in
an advanced phase of revision to be aligned with AVMSD [i.15]. The AVMSD [i.15] is the most relevant document in
the EU establishing the frame legal principles in this area. European countries outside the EU tend to follow the same
principles because many of them are bound by the above mentioned convention. These central documents establish a
balanced compromise between a common ruling for Europe and the independence of cultural developments in the
Member States as well as the preservation of cultural diversity in the Community.
AVMSD [i.15] resulted from the amendment of TVwF [i.15] by the amending Directives [i.16] and [i.17] and
constitutes the regulatory basis for media regulation and policy in Europe. The document is difficult to consult because
it is a list of changes introduced to earlier regulation. A helpful consolidated version is available on the EU web site; it
is easier to consult but should not be used for formal purposes.
AVMSD [i.15] recognizes the challenge for the traditional broadcasting services introduced by the new electronic
communications platforms. New services like VoD and new business models based on e.g. new interactive
functionalities offered by the service providers changed in fact the traditional broadcasting market are may introduce
undesirable market distortion effects and act against the initial objectives of ruling this sector. It was therefore decided
to enlarge the initial 'TV without frontiers' treatment to cover in general the 'AVMS'.
The Protection and Promotion of the Diversity of Cultural Expressions is considered a central matter in this area and
therefore AVMS is not seen not merely as a commercial subject but also as an essential component for the recognition
of the plurality of the society identities, values and meanings. The Council Decision 2006/515/EC [i.29] approved the
corresponding Unesco Convention which entered into force on 18 March 2007. This AVMSD [i.15] respects the
principles of that Convention.
Further regularly updated information can be found on following address:
• http://ec.europa.eu/avpolicy/reg/avms/index_en.htm.
6.1 Scope and application
AVMSD [i.15] offers the regulatory basis for media regulation and policy in Europe and extends the scope from the
traditional broadcasting services to all the areas of media distribution.
Relevant aspects of AVMSD [i.15] have to do with media policy content intrinsic matters like advertising,
e.g. prohibiting television promotion of tobacco products or rules to protect the physical, mental and moral development
of minors, i.e. have no particular direct impact in the content distribution services, which is the focus of the present
study but may determine or suggest the introduction of special requirements like functionalities facilitating the parental
control of the usage of the distributed contents.
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6.2 Most relevant rules
6.2.1 Freedom of reception
AVMSD [i.15] art. 2a states that:
Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of audiovisual
media services from other Member States for reasons which fall within the fields coordinated by this Directive.
In the same article 2a (§2) some exceptional conditions related to infringements (past or still existing) to the directive
are listed and ma
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