Titre : | Access to TV platforms : must-carry rules, and access to free-DTT | Type de document : | document électronique | Auteurs : | Observatoire Européen de l'Audiovisuel (Strasbourg, France) , Editeur scientifique ; Deirdre Kevin, Auteur ; Agnès Schneeberger, Auteur | Editeur : | Strasbourg [France] : Observatoire Européen de l'Audiovisuel | Année de publication : | 2015 | Autre Editeur : | Strasbourg [France] : Conseil de l'Europe | Importance : | 204 p | Note générale : | European Audiovisual Observatory for the European Commission
- DG COMM | Langues : | Anglais | Catégories : | DROIT : Droit européen EUROPE MEDIAS:AUDIOVISUEL
| Tags : | Europe audiovisuel TNT must-carry télécommunications accessibilité consommateur législation directive opérateurs distributeurs plateforme régulation | Index. décimale : | 621.388 Télévision (télécommunication) | Résumé : | Executive Summary / Key Findings :
• Must-carry regimes with the aim of ensuring public access to particular content for linear audiovisual services continue to exist throughout Europe
• For the most part the content that should be carried concerns that of public service broadcasters but in several countries the concept of content of special interest or public interest broadens the must-carry beyond the public broadcaster
• In several countries, the legacy free to air commercial broadcasters may also be included as must-carry. A range of other types of channels including local, community, regional channels may also be designated must-carry
• There are some exceptional cases where the public channels of neighbouring countries, or international cultural or news channels may also be must-carry
• The traditional approach of the focus of must-carry on cable networks has certainly changed with most countries adapting to the Universal Services Directive requirement that such rules focus on platforms with a “significant number of end users using the service as their main means of accessing television broadcasts”
• Must-carry remains contentious due to the obligations placed on distributors and the issues of cost which may affect the distributor and/or the broadcaster and this is apparent in the continuing legal battles over these regimes, such as the on-going dispute between German public broadcasters and cable operators
• There are also several examples of where must-carry rules have not been implemented as the public content tends to be desirable content without which the distributors would not attract subscribers
• Other access issues such as must-offer (the corollary of must-carry) and must-find or must-see also exist to a lesser extent. In this context many regulators al-ready refer to the issue of prominence of content in the on-demand world.
However, this area of regulation is not well developed
• The content available over free DTT networks (which are universal in terms of technical access and free to the citizen) also represents an opportunity to provide access for the public to specific types of content and ensure that publicly
funded content is available to all. The significance of DTT as a distribution platform also varies widely throughout Europe
• There are very few countries where must-carry rules apply in the DTT environment. Regarding public service content this is for the most part due to the direct allocation of multiplexes to the PSBs or the requirement that the operators allocate space to the PSBs
• The access of channels to free DTT platforms generally follow two types of regulatory strategy – either the regulator driven “beauty contest” or the multiplex operator “gate-keeper” approach
• Regarding the possibilities for foreign (licensed in a different jurisdiction) channels to find space on a national free DTT platform, these vary across Europe with many countries requiring that all channels on free DTT have national licences
• There are however, several examples of foreign channels and of international channels on the free DTT networks in other countries
• The potential for channels to be added to a national free DTT network is influenced by a wide variety of additional factors aside from must-carry, or licensing regimes including:
- The capacity of the networks which may either be well developed, mature and hence completely full, or under-developed (due to economic reasons) and hence lacking in space
- The cost to the channel for transmission on the platform
(page 9 du document)
| Note de contenu : | Table des Matières Abrégée :
Introduction and context of study
Executive Summary
1 - Must-carry
2 - Digital Terrestrial Television
Recent legal developments
Country Reports
3 - AL - ALBANIA
4 - AT – AUSTRIA
5 – BA – BOSNIA HERZEGOVINA
6 – BE – BELGIUM
7 – BG – BULGARIA
8 - CH – SWITZERLAND
9 - CY – CYPRUS
10 - CZ – CZECH REPUBLIC
11 - DE – GERMANY
12 – DK – DENMARK
13 - EE – ESTONIA
14 - ES – SPAIN
15 – FI – FINLAND
16 – FR – France
17 – GB – UNITED KINGDOM
18 – GR – GREECE
19 – HR – CROATIA
20 – HU – HUNGARY
21 – IE – IRELAND
22 – IS – ISLAND
23 – IT – ITALY
24 – LT – LITHUANIA
25 - LU – Luxembourg
26 – LV - LATVIA
27 - MT – MALTA
28 - NL – NETHERLANDS
29 - NO – NORWAY
30 – PL – POLAND
31 – PT – Portugal
32 - RO – ROMANIA
33 - RS – REPUBLIC OF SERBIA
34 – SE – SWEDEN
35 – SI – SLOVENIA
36 - SK – SLOVAK REPUBLIC
References/ Sources
Sources: Executive summary/ analysis
Sources: Country profiles
Le texte de la directive "Service Universel" est disponible à l'adresse suivante :
http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=URISERV%3Al24108h | En ligne : | http://www.obs.coe.int/documents/205595/264629/Must+Carry+Report+(Dec.+2015)/bb2 [...] |
Access to TV platforms : must-carry rules, and access to free-DTT [document électronique] / Observatoire Européen de l'Audiovisuel (Strasbourg, France)  , Editeur scientifique ; Deirdre Kevin, Auteur ; Agnès Schneeberger, Auteur . - Strasbourg (76 Allée de la Robertsau, 67000, France) : Observatoire Européen de l'Audiovisuel : Strasbourg (France) : Conseil de l'Europe, 2015 . - 204 p. European Audiovisual Observatory for the European Commission
- DG COMM Langues : Anglais Catégories : | DROIT : Droit européen EUROPE MEDIAS:AUDIOVISUEL
| Tags : | Europe audiovisuel TNT must-carry télécommunications accessibilité consommateur législation directive opérateurs distributeurs plateforme régulation | Index. décimale : | 621.388 Télévision (télécommunication) | Résumé : | Executive Summary / Key Findings :
• Must-carry regimes with the aim of ensuring public access to particular content for linear audiovisual services continue to exist throughout Europe
• For the most part the content that should be carried concerns that of public service broadcasters but in several countries the concept of content of special interest or public interest broadens the must-carry beyond the public broadcaster
• In several countries, the legacy free to air commercial broadcasters may also be included as must-carry. A range of other types of channels including local, community, regional channels may also be designated must-carry
• There are some exceptional cases where the public channels of neighbouring countries, or international cultural or news channels may also be must-carry
• The traditional approach of the focus of must-carry on cable networks has certainly changed with most countries adapting to the Universal Services Directive requirement that such rules focus on platforms with a “significant number of end users using the service as their main means of accessing television broadcasts”
• Must-carry remains contentious due to the obligations placed on distributors and the issues of cost which may affect the distributor and/or the broadcaster and this is apparent in the continuing legal battles over these regimes, such as the on-going dispute between German public broadcasters and cable operators
• There are also several examples of where must-carry rules have not been implemented as the public content tends to be desirable content without which the distributors would not attract subscribers
• Other access issues such as must-offer (the corollary of must-carry) and must-find or must-see also exist to a lesser extent. In this context many regulators al-ready refer to the issue of prominence of content in the on-demand world.
However, this area of regulation is not well developed
• The content available over free DTT networks (which are universal in terms of technical access and free to the citizen) also represents an opportunity to provide access for the public to specific types of content and ensure that publicly
funded content is available to all. The significance of DTT as a distribution platform also varies widely throughout Europe
• There are very few countries where must-carry rules apply in the DTT environment. Regarding public service content this is for the most part due to the direct allocation of multiplexes to the PSBs or the requirement that the operators allocate space to the PSBs
• The access of channels to free DTT platforms generally follow two types of regulatory strategy – either the regulator driven “beauty contest” or the multiplex operator “gate-keeper” approach
• Regarding the possibilities for foreign (licensed in a different jurisdiction) channels to find space on a national free DTT platform, these vary across Europe with many countries requiring that all channels on free DTT have national licences
• There are however, several examples of foreign channels and of international channels on the free DTT networks in other countries
• The potential for channels to be added to a national free DTT network is influenced by a wide variety of additional factors aside from must-carry, or licensing regimes including:
- The capacity of the networks which may either be well developed, mature and hence completely full, or under-developed (due to economic reasons) and hence lacking in space
- The cost to the channel for transmission on the platform
(page 9 du document)
| Note de contenu : | Table des Matières Abrégée :
Introduction and context of study
Executive Summary
1 - Must-carry
2 - Digital Terrestrial Television
Recent legal developments
Country Reports
3 - AL - ALBANIA
4 - AT – AUSTRIA
5 – BA – BOSNIA HERZEGOVINA
6 – BE – BELGIUM
7 – BG – BULGARIA
8 - CH – SWITZERLAND
9 - CY – CYPRUS
10 - CZ – CZECH REPUBLIC
11 - DE – GERMANY
12 – DK – DENMARK
13 - EE – ESTONIA
14 - ES – SPAIN
15 – FI – FINLAND
16 – FR – France
17 – GB – UNITED KINGDOM
18 – GR – GREECE
19 – HR – CROATIA
20 – HU – HUNGARY
21 – IE – IRELAND
22 – IS – ISLAND
23 – IT – ITALY
24 – LT – LITHUANIA
25 - LU – Luxembourg
26 – LV - LATVIA
27 - MT – MALTA
28 - NL – NETHERLANDS
29 - NO – NORWAY
30 – PL – POLAND
31 – PT – Portugal
32 - RO – ROMANIA
33 - RS – REPUBLIC OF SERBIA
34 – SE – SWEDEN
35 – SI – SLOVENIA
36 - SK – SLOVAK REPUBLIC
References/ Sources
Sources: Executive summary/ analysis
Sources: Country profiles
Le texte de la directive "Service Universel" est disponible à l'adresse suivante :
http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=URISERV%3Al24108h | En ligne : | http://www.obs.coe.int/documents/205595/264629/Must+Carry+Report+(Dec.+2015)/bb2 [...] |
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