OCTOBER 2016 | VOLUME 44 | ISSUE 3 FREEDOM VS SECURITY Monroe Price discusses how freedom of expression is competing with national security AUDIOVISUAL CHALLENGES How media regulation is developing in a world moving from broadcasting, by Joan Barata THE CONSTANT GARDENER Jean-Jacques Sahel on shaping regulation to meet the challenges of convergence TV IN A MOBILE WORLD THE WORLD’S MOST INFLUENTIAL TELECOMS AND MEDIA POLICY, REGULATORY AFFAIRS AND COMPLIANCE JOURNAL Can broadcasters use mobile networks? SET THEM FREE Why we shouldn’t regulate over the top (OTT) apps By Brian Williamson FIVE REASONS To join the IIC The IIC enables the balanced open discussion that shapes the public policy agenda for the converged TMT sector. The Chatham House Rule gives participants the freedom of ‘off the “The llC is a platform record’ expression and debate. that brings together FCC Commissioner Jessica Rosenworcel at the IRF, 1 Washington, 2015 regulators and stakeholders from all over the world to Senior policy makers and regulators share their enable the challenges and success stories. inter-exchange of ideas A panel with Juan Manuel Wilches, CRC, 2 Colombia, TMF Miami, 2016 and experiences that allows us to push forward new policies Members build collegiate and projects.” relationships with international regulators. Jose M. Marín-Quemada, Time for networking, Annual Conference, President CNMC, Spain 3 Washington, 2015 Members attend local chapter meetings for free wherever Choose from four different they are in the world. membership types: 4 IIC Australia event on 5G spectrum. 2016 IIC Partnership Industry Membership Regulator Membership This collaborative supportive network helps facilitate the Associate Membership creation of good policy. 5 Colleagues at TMF Miami 2015 Call or visit the website to find out more: SCAN ME TEL: +44 (0)20 8544 8076 FOR MORE INFORMATION ABOUT FAX: +44 (0)20 8544 8077 MEMBERSHIP WEB: www.iicom.org OCTOBER 2016 | VOLUME 44 | ISSUE 3 CONTENTS THE CONSTANT GARDENER www.iicom.org The International Institute of Communications is the world’s leading independent, non-profit, The role of the telecoms regulator is coming membership forum engaged with digital under increasing scrutiny with the rise of media policy and regulatory affairs. over the top (OTT) services. Should we be IIC activities cover issues in telecommunications, broadcasting and the internet. encouraging more ‘level playing field’ Intermedia editorial enquiries: approaches, which the European Commission [email protected] has just proposed to some extent in its electronics Intermedia subscription and framework review, or is our cover author, Brian Williamson, IIC membership enquiries: Joanne Grimshaw, right in resisting regulation that he believes could stifle [email protected] innovation? It’s just one of a plethora of dilemmas facing IIC Intermedia © International Institute of policymakers and regulators, as Jean-Jacques Sahel discusses Communications and contributors 2016 in this issue. What is apparent is that the law is not always Follow us: going to provide answers to these dilemmas, given the rapid advancement of technology, and the role of regulators will @The_IIC become more important. How should they work? I like the Watch speakers at IIC events on: idea of the ‘constant gardener’, as put forward by an ex-head of France’s regulator, Arcep. We don’t want an uncontrolled www.youtube.com/user/TheIICom Further content and details are available jungle, nor a fancy designer garden, but an attentive on the IIC website: balance in between. Chris Chapman, president, IIC www.iicom.org 12 AUDIOVISUAL REGULATION How is media policy developing in a world moving from broadcasting to audiovisual content on many platforms? 17 TV IN A MOBILE WORLD Can broadcasting make the step into a mobile world? 22 HIGH-FLOWN IDEAS – AND OTT Brian Williamson makes a case for holding off from regulation of next-generation communications 27 FIVE QUESTIONS ON ZERO RATING Questions that can determine if it should be applied 31 SMARTPHONES AND NEW SERVICES 2 NEWS The level playing field debate from a consumer perspective A round-up of global TMT news and events 35 BUSINESS AS USUAL? 4 Q&As The FCC is proposing a new name and a new With Syed Shah, chair of Pakistan’s PTA, Juan Wilches at regulatory framework for ‘special access’ services Colombia’s CRC, and Takamiki Nishikawa of Fox Japan 40 MEN IN BLACK 9 FREEDOM VS SECURITY A quick look at the OECD’s regulator independence report Once again, the competing discourses of freedom of expression and national security are in play, as Monroe 41 ROLE OF REGULATORS Price discusses in the context of media policy The shape of things to come – by Jean-Jacques Sahel www.iicom.org October 2016 Vol 44 Issue 3 | InterMEDIA 1 NEWS FROM AROUND THE GLOBE NET NEUTRALITY BEREC CLARIFIES RULES BEREC, the body of European telecoms regulators, has issued fnal guidelines on the EU’s net neutrality rules that have been applauded by digital rights activists. “ISPs are prohibited from blocking or slowing down of internet trafc, except where necessary,” BEREC says, with exceptions limited to “trafc management to comply with a legal order, to ensure network integrity and security, and to manage congestion, provided that equivalent categories of trafc are treated equally”. Also prohibited is zero rating where other applications are blocked or slowed down once the data cap is reached, although a case by case basis can be made in less clear cut situations. BEREC received Claude Juncker, president of the European Commission, delivers his ‘state of the union’ address. nearly half a million responses to its consultation. He proposed to give every village free wireless internet; rights holders to be paid fairly for their See the documents at: bit.ly/2cc7tdW work; and also said privacy is a “matter of human dignity”. Competition was also highlighted EUROPE’S REGULATORY PROPOSALS UNITED STATES A GIGABIT SINGLE MARKET FCC GOES FOR FREE APPS The European Commission has published a raft of proposals under the Ninety-nine percent of pay-TV subscribers in the theme of ‘internet connectivity’ on the occasion of president Claude US currently rent set-top boxes because there Juncker’s ‘state of the union’ address. Among the proposals are the aren’t meaningful alternatives, reports the FCC’s promised revision of the electronic communications framework, which is chairman, Tom Wheeler. “Lack of competition has now called a ‘code’; an action plan for 5G; and a new project to generate meant few choices and high prices for consumers more public WiFi points. The proposed directive to establish a new – $231 in rental fees annually for the average electronic communications code comes alongside the strategic objectives, American household.” The FCC is to propose rules by 2025, of gigabit connectivity for public services and ‘enterprises that will allow consumers to “access their pay-TV relying on digital technologies’; a target of 100 Mbps download for all content via free apps on a variety of devices so households; and ‘uninterrupted’ 5G coverage in all urban areas and major they no longer have to pay monthly rental fees, roads and railways. The main planks of the code are: enable integrated search, and protect content l Increased competition and predictability for investments – the code and privacy.” If adopted, the largest pay-TV will apply market regulation only where end-user interest requires it providers, which serve 95% of pay-TV subscribers, and where commercial arrangements between operators do not deliver will have two years to comply with the rules. competitive outcomes See fcc.us/2cfXKib l Better use of radio frequencies: the code proposes long licence n The most recent FCC stats show 78% of census durations, coupled with more stringent requirements to use spectrum blocks have access to only one internet provider efectively and efciently ofering speeds of 25 Mbps or more – the minimum l Stronger consumer protection – making it easier to switch suppliers and speed to be considered ‘broadband’ – while 30% ensuring that vulnerable groups have afordable internet contracts have no broadband access. l A safer online environment for users and fairer rules for all players: ‘selected rules’ are extended to online players which ofer equivalent services to traditional operators, and may include emergency calls. AUSTRALIA Reaction has been mixed. There has been broad agreement that the ISSUES DOWN UNDER Commission is tackling incentives to stimulate next-generation networks The Australian Competition and Consumer and efcient use of spectrum, although ECTA, the body representing Commission has released an issues paper as part of its smaller telecoms frms, would like more emphasis on access to market study of the communications sector. It calls for infrastructure. Over the top (OTT) players are concerned about legacy comment on managing demand for data, expected rules that may apply to them. The Commission is also a drafting a ‘fair use’ to more than double each year for the next few years; policy on the roaming regulation, which has upset those who thought this the transition to the next-generation broadband was settled. The new code and other documents are at bit.ly/2cXbPTQ network and what this means for competition and n Alongside the new code, the Commission also proposes to turn BEREC, meeting consumer expectations; the relationship the body of European regulators, “into a fully fedged agency” that between mobile and fxed-line networks; industry will allow it to “foster the consistent implementation of the regulatory consolidation; and new technologies and delivery framework for electronic communications”. See bit.ly/2d2Bc6K platforms. More at bit.ly/2d80OPD 2 InterMEDIA | October 2016 Vol 44 Issue 3 www.iicom.org EVENTS 10-14 October, Bangkok IIC Communications Policy and Regulation Week 2016 INTERNET 17-18 October, Costa Rica Freedom Online Conference CONTENT CRITICAL TO GLOBAL TAKE-UP 14-17 November, Bangkok Internet access and availability are not developed content is hosted outside ITU Telecom World 2016 enough to get people online, says a the country, typically overseas.