|
|
|
|
European Audiovisual Conference at Birmingham (UK), April 6 to 8, 1998
Bernd Holznagel
During the European Audiovisual Conference, which took place from 6 to 8 April 1998 in Birmingham, the Audiovisual Community discussed the challenges and possibilities of the digital age. The debate was based on the European Union's Convergence Green Paper (COM [97] 623) and its effects on regulatory policies. In the following note, the results of the conference's Working Group III are summarised, which dealt with the legal framework for the digital age.
The following remarks are based on notes which the author took during the conference. Richard Dunn and Gaetano Stucchi, Chairman and the Vice-Chairman of Working Group III, will publish the official final report within the next weeks. As there were high-ranking representatives of the regulatory bodies, the government authorities and the broadcasting industry involved in the different working groups, it must be assumed the recommendations of Working Group III will have a substantial influence on the law-making and the media policy activities of the European Commission. Working Group III expressed seven recommendations in total, which were presented by the Chairman to the final plenary session of the conference:
1. Structuring adequate basic regulations
a) Working Group III voted for a combination of the options 1 and 2, as they are presented in the Convergence Green Paper. Option 3 was rejected, which prefers the establishment of a completely new legal framework for the communications sector. This means on the one hand that existing media policy is to be further developed carefully (option 1). On the other hand it should be considered whether a new vertical regulatory level be introduced, which would focus especially on online services -so called Tele and Media Services, to employ the German legal terminology. On a long term basis, more drastic modifications of the legal framework may still be necessary. Nevertheless, Working Group III proposed to first wait for technical development, before any diminishment of regulatory structures that proved to be effective in the past.
b) There was consent that sector or media specific regulations should be kept and improved, as antitrust law alone cannot master the pending regulatory challenges.
2. Promoting European content
a) In the future, corporate income shall be used for the development and production of more extensive European content. This target can be achieved by imposing investment obligations to the enterprises, or by strong, globally competitive European enterprises, which would help the cultural and political meaning of their program rights to blossom. This procedure could also increase the economic potential of independent producers.
b) The members of the Working Group agreed to a large extent over the fact that suitable measures are necessary to increase the availability of European program rights. In their opinion, this applies most of all to the television sector, where monopolistic tendencies are observed.
3. Protection of public broadcasting services
a) Working Group III said that it would be the task of the member states to define the mission of public broadcasting, according to the Amsterdam protocol.
b) The member states would have to secure transparency in the broadcasters' accounting systems, where public broadcasters offer commercial services. Most of all, transparency mechanisms shall guarantee that transverse subsidies are prevented by the fee arising to the commercial activities.
c) The Commission is requested to ensure that a pan-European Must Carry regulation is developed.
4. Fair access to the digital distribution chain
It was undisputed in the Working Group that one of the most important functions of media regulation is to ensure that the "gateways" within digital television stay open and are watched over. In particular, fair access must be ensured to the Conditional Access Systems, navigation systems and APIs 1 .
The Commission was requested to think about a supplement to the Conditional Access Directive. When self-regulatory mechanisms cannot achieve this aim, an appropriate adjustment should be considered.
5. Improved development possibilities for online services
Threats to the protection of third parties rights, which are connected with Internet services, were extensively discussed in the Working Group. Since national rules and prohibitions are to a large extent unsuitable as instruments in global networks, the Working Group voted for the conversion of a concept of self-regulation for providers, and of self-protection for users. When measures of access and service provider are difficient, a national safety network should be strained in order to fall back on a concept of regulated self-regulation. Effective self-protection can only be obtained if Internet services are marked and users are instructed in using specific filter techniques. Within both areas the Commissions and the member states could initiate support measures.
6. Analogue switch-off
a) In Working Group III, agreement was also obtained regarding the necessity for analogue switch-off. It is task of the Commission to encourage the member states to determine a schedule for a broad roll-out of digital communication services. The Commission has to provide coordination on a European level. It has to ensure that the sales of frequencies are transnationally co-ordinated.
b) With a sale of the frequency spectrum it must be guaranteed that free-to-air, in particular public, broadcasters enjoy stock protection in an appropriate way.
7. Improved co-operation between national regulatory and supervisory authorities
a) Observing the rapid technical development in the communications sector, it is of substantial importance for Europe as a business location that regulatory structures are adapted to their respective environmental conditions as quickly and properly as possible. Exchange of information and discussion of the best adjustment options should be facilitated, on the basis of the co-operation structures already existing.
b) Especially during the transition period it is of substantial importance to develop regulatory and supervisory structures which are as flexible as possible. A special focus is on consultation with the particular recipients and interest groups concerned. Therefore, the decision-making process shall be arranged in a highly transparent manner, which requires broad access to any relevant information and appropriate hearing possibilities.
End Notes
| Note 1: | The channel selection/display function and the decoder box software, analogous to an Internet browser and operating system in a personal computer Back. |