International Stakeholder Forum Ofcom Riverside House March 2018 PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Agenda PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 2
1. Introduction 2. Brexit 3. Review of the AVMS Directive and other Media Policy 4. Review of the EU Telecoms Framework 5. BEREC update 6. International Spectrum PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 3
BREXIT PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 4
Review of the AVMS Directive and other Media Policy PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 5
Progress: AVMSD Trilogues Agreement/movement on: Key Points Trilogues – from 10 July Articles 1&2 Editorial decisions (monthly), last Database on 26 March (8 th ) Articles 3&4 (derogation and Grounds for derogation (NOT human circumvention) (?) dignity) Number of breaches Due to finish 26 April Urgent Procedure (maybe 26 May) Article 7 (access services) Articles 30 and 30a (ERGA and Independence of Regulators) Article 6 Aligning VOD and linear/ incitement/reference to Fundamental Rights/ human dignity Article on Media Literacy and 28a Move away from “levels” measurement; Article 4a (and elsewhere) References to self - and co- regulation Articles 9 - 11(?) Qualitative advertising rules (kids/HFSS) Articles 6 and 28a Data Protection & minors Article 5 Media Ownership information PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Approaching agreement – close but no cigar 1. VSPs: 1. range of content (programmes UGV and commercial communications); 2. incitement to hatred wording; 3. Some measures for VSPs (e.g. parental controls, age verification) 4. clear COO approach proportionality (reference to size of players) 2. VSPs and “extent of extension” on commercial communications 3. Advertising minutes: “peak time” period for restricting advertising minutes Significant divergence 1. VSPs: 1. live streaming services vs “storage” – “provided” OR “stored or streamed” 2. text on Terrorism 3. max/min harmonisation 4. VSPs and HFSS 2. Signal integrity 3. European works: levies for linear services PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Content: Networks update ERGA - Plenary 23 March 2018 • Work started on AVMSD Review, Plurality and Co - and Self - regulation Keynote on Algorithms • Strategy Session on Fake News • EPRA – Next meeting 23-25 May 2018 • Media Literacy: focus on networks and collaboration PSB/Elections • Major focus on Diversity (esp. Women in Media) • PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Review of the EU Telecoms Framework PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 9
Confidential Progress and next steps EECC Trilogue meetings - monthly since October • Next meeting on 25 April • Political agreement on most spectrum elements Future sessions to focus on access, end user rights and governance Possible political agreement on whole Code before summer break • BEREC Regulation Formal trilogue discussions to start towards end of EECC process • PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Confidential Main issues Spectrum Provisional agreement on most of the key issues Rules on how Member States authorise spectrum use • • Licence duration Peer review of award proposals • Access Ongoing discussions on major issues Symmetric regulation (including access beyond first concentration point) • • Provisions on co- investment and wholesale - only networks Backstop power to regulate retail SMP • Regulatory approach to non - competitive oligopolies • • Not currently on the table but major Ofcom concern on NRA obligations re anticipating market reviews in case market developments PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Confidential Main issues (continued) Services Some fundamental issues still under consideration Intra- EU calls • Scope of full harmonisation and degree of Member State discretion • Scope of consumer protection provisions, including treatment of “other • conveyance services” and NIICS • Bundles and Digital Content Directive Institutional aspects Focus on which tasks are assigned to NRAs • • Linkage to BEREC regulation PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
BEREC Update PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 13
BEREC update Work Programme • BEREC’s 2018 Work Programme now under way. Publications after first Plenary in March included: • Launch of a public consultation on net neutrality regulation and associated guidelines and parallel assessment of BEREC’s experience • Report on the need to review the Common Positions on Markets 3a, 3b and 4 • Opinion on Commission proposals to update SMP Guidelines • Report on the impact of premium content on ECS markets and the effect of devices on the open use of the Internet Governance • Jas Sheera from Ofcom appointed Co - Chair of the Remedies Expert Working Group. • Johannes Gungl (RTR) has now begun his 1 - year term as Chair. • Call for inputs for 2019 Work Programme launched this week. PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
International Spectrum – RSPG & RSC PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 15
International spectrum: RSPG • Plenary met on 31st January. Adopted second Opinion on 5G. New Chair: Jonas Wessel (Sweden) / Vice - Chair: Frank Kruger (Germany). Philip Marnick remains on Troika as outgoing Chairman Agreed the 2018/19 work programme. Work items include; • o Further work on 5G, focusing on authorisation challenges and the needs of verticals o Follow up work to the EECC and evolution of the RSPG o European Spectrum Strategy – a look 10 - 30 years ahead o Continuation of the Good Offices work o Preparation for WRC- 19 o Peer Review • Stakeholder Briefing scheduled for 15th May in Stockholm PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 16 16
EU spectrum update: RSC Harmonisation Decisions • New - Improving Mobile Communications for Consumers - Making more spectrum available to operators to increase downlink capacity on their networks - Decision on supplemental downlink (SDL) in 1427 - 1452MHz / 1492 - 1518MHz New – Decision liberalising use at 900 / 1800 MHz to enable cellular IoT deployments • by mobile operators • Draft – RSC is nearing final draft for a Decision on harmonised spectrum use in the bands at 870 – 876 / 915 – 921MHz which balances requirements of different categories of users Mandates to CEPT • Draft – consideration of a first draft to examine spectrum requirements for the Future Rail Mobile Communications System ( FRMCS) to build on the work already underway in CEPT PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Feedback & Close Next meeting: Thursday 19 th July 2018 , 2pm to 4pm PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
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