ARD-VERBINDUNGSBÜRO BRÜSSEL

Mobile TV Regulatory Best Practice Framework ARD Comments

ARD and Mobile TV

The ARD (Association of Corporations in ) consists of nine regional public service broadcasters and the international broadcasting service . Together they produce one national television programme “Das Erste”. The ARD and its members have always been adamant supporters of mobile television solutions in Germany. Thus their technical experts have contributed in a significant way to the development of technologies to bring rich audio-visual media services to handheld devices. From the early days of DMB and DVB-H pilot projects, ARD-member organisations have shared their know-how in regard to content, networks and receiving devices with others in the mobile broadcasting community. ARD’s aim is to take its programmes as close as possible to its users. In this respect ARD has made deliberate efforts to participate both in the European and national policy debate about mobile broadcasting (e.g. through contributions at hearings and workshops of the European Commission and national regulators and legislators and active participation in the EMBC) as well as in active participation in both mobile television platforms in Germany (Mobiles Fernsehen Deutschland (MFD) and Mobile 3.0). We greatly welcome this opportunity to share with the European Commission’s DG Information Society and Media some of our experiences and concerns regarding regulatory best practice in this important media policy area.

The European Commission in its Communication on Mobile TV of July 2007 has pledged to provide guidance for a coherent framework for authorization regimes across the EU and identify best practices and promote their adoption by the Member States. Please find below some comments on this important initiative, which reflect ARD’s specific experiences in the establishment of mobile TV platforms in Germany:

Mobile TV regulation has to respect Member States competencies for media regulation

While in many policy areas harmonized authorization regimes may have added benefits for all stakeholders, ARD is convinced that in regard to Mobile TV great caution has to be advised in this regard. At present, many different models exist to bring Mobile TV on the way throughout Europe. This is due to the differences in the infrastructure and media landscape of the different Member States. ARD strongly believes that this is a positive foundation for a sound competition of systems in the internal market and will eventually lead to the best standard for mobile Television to emerge as a winner. In this respect we are also concerned that the present definition of Mobile TV in the Commission Communication, is rather narrow. We would thus welcome an approach that takes into account best-practice approaches from all kinds of linear and non-linear mobile TV services (including DMB and DVB-SH/MSS).

Additionally, we would like to mention, that in the recently passed Audiovisual Media Services Directive, both the European Commission and the European Parliament have successfully implemented the notion that in a converging media world the connecting factor for regulation can no longer be a certain technology, but rather the type of content that is transmitted via the respective transmission platform. It cannot be overstated that in conformity with the AVMS- Directive, audiovisual-media-services broadcast or made available via mobile platforms are subject to media-regulation. In this regard, European as well as national infrastructure regulators have to ensure, that the concerns of media regulation, which is the sole competency of the Member States, are being adequately reflected in the authorisation of mobile TV providers. As a result, there will be a recognisable variety of authorisation regimes taking account of different media (regulatory) tradition in the Member States. This can be beneficial for the take-up of mobile broadcasting in Europe, as different models can evolve, each adapted to the specific media

ARD-VERBINDUNGSBÜRO BRÜSSEL - RUE DE LA LOI 223-225 TEL .: +32 (0)2 282 1653 – FAX : +32 (0)2 230 4434 - E-MAIL : ARD -LIAISON @WDR .DE

ARD-VERBINDUNGSBÜRO BRÜSSEL market. It can be expected that while markets and mobile TV business models mature, best practices will evolve in an evolutionary way. However, no specific Commission intervention is necessary beyond collecting and relaying examples of such best practices.

Public Service Broadcasters should have adequate access to mobile TV platforms

Any authorisation model for mobile broadcasting in Europe should give adequate consideration to the fact that Europe’s citizens have a right to receive quality information, education, culture and entertainment content from their public service broadcasters on the platform of their choice including mobile broadcasting platforms. Any other approach would endanger the future of Europe’s highly successful dual broadcasting model. Thus, PSBs should either be able to participate in the allocation of frequencies for mobile broadcasting or be included in the package offer of a platform provider. While it seems that at present most Member States who have or are about to launch mobile broadcasting services have included PSB channels in their offer – sometimes because of legal provisions, sometimes on a contractual basis. However, this may not always be the case. We are aware of the European Commission’s policy not to stifle the development of new services by imposing must-carry-obligations at an early stage. While we can understand the reasoning for this at present, we would nevertheless like to suggest not to rule out such provision on a general basis for the future. We would like to suggest that to ensure public policy objectives such as media pluralism and cultural diversity, in conformity with existing provisions in the Universal Services Directive, as soon as a significant number of end-users take mobile TV to be a principal means to receive audiovisual media services, must-carry-obligations should be a policy options member states can consider at such a stage of development.

Service-providers must have the option to offer their programmes free-to-air

While there is a business case to charge consumers for the use of a mobile broadcasting service, there is also strong demand by content providers to have the option to offer their services free-to- air. ARD and ZDF have reached contractual agreements with MFD and Mobile 3.0, that allow them to offer their content on the platform without encryption and without any additional fees for the PSB content. This may also be an interesting model for other content providers, who may be interested in a refinancing model via advertising such as many free-to-air radio-programmes.

Authorisation conditions should ensure interoperability of terminal equipment

To ensure optimal solutions for European consumers, mobile broadcasting platforms should not lock their customers into vertical models, where they have no real choice in terms of selecting their receiving equipment. They should be able to choose by features such as their favourite design, ease of handling, sound and picture quality etc. Thus stand-alone devices should be able to receive at least free-to-air signals as easily as products offered by the platform-operator.

Mobile Broadcasting should not neglect radio

Radio has traditionally been the way to receive media content in a portable and mobile environment. Now that digitisation of radio is on the horizon, solutions are necessary that allow European citizens to continue to enjoy news, music and information on the move. Mobile broadcasting via DMB or DVB-H offers viable options for digital radio and can be a real added value for any business case.

E.M. / ARD-Liaison Office Brussels 28 March 2008

ARD-VERBINDUNGSBÜRO BRÜSSEL - RUE DE LA LOI 223-225 TEL .: +32 (0)2 282 1653 – FAX : +32 (0)2 230 4434 - E-MAIL : ARD -LIAISON @WDR .DE