A licensing toolkit for DTTB and MTV services

DR. KRISZTINA ROZGONYIITU EXPERT

Joint ITU/EBU/BNE/DVB Workshop on"Assistance for DTTB Implementation"

ITUsupporttolicensing

To structure and disseminate international bestpractices, ITU is providing regular assistanceto countries on transition from analogue todigital terrestrial television broadcasting.

DSO country reports and experiences revealedthat the issuance of DTTB and MTV licensesare considered as key milestones.

The Model Licence can serve as a checklistand draft text for administrations, nationalregulatory authorities and agencies.

A licensing toolkit - Krisztina Rozgonyi

A new wave of licensing (2015-2020)Demand for a Model Licence seems strong in the coming years.

It is foreseeable that during the period of 2015-2020, another wave of licensing will take place worldwide. A model licence can

give significant momentum to the DSO process.

A licensing toolkit - Krisztina Rozgonyi

Main building blocs

A licensing toolkit - Krisztina Rozgonyi

Licensing Framework

Model License

DSO Licensing

Toolkit

Specifics of broadcast licensingTerrestrial broadcasting - a unique combination of policy aspects on-electronic communication + media, -public + commercial services, -social + economic considerations

- primary means of delivering PSB,-universal coverage,

-free-to-air access.

Competing demands of policy objectives

A licensing toolkit - Krisztina Rozgonyi

The Licensing Toolkit

A licensing toolkit - Krisztina Rozgonyi

I. Draws a DTTB/MTV Roadmap example for regulators;

II. Gives a comprehensive and detailed list of activities relevant prior to the licensing process;

III. Highlights the elementary steps of a licensing process;

IV. Elaborates public measures to be considered in the licensing model.

DTTB (Digital Terrestrial Television Broadcasting)

and MTV (Mobile Television) Roadmap

example for regulators

Minimum requirements in licensing –international standards

A licensing toolkit - Krisztina Rozgonyi

(1)Licensing criteria, prerequisites and the process should be set out inadvance clearly and precisely in primary legislation;(2)The process is impartial and open for the public to comment on andfor the applicants to be heard;(3)The process is not arbitrary and the decision on licence award isproperly reasoned;(4)Limitations on the form or nature of potential applicants are onlyeligible if they legitimate (e.g. banning political parties to apply) andlimited;(5)Licence fees and other financial requirements are not discriminatory;(6)Terms and conditions of the licence to be issued are not unnecessarilyrestrictive to freedom of expression;(7)The duration of the licence enables broadcasters to recoup theirinvestment; and(8)Judicial review is provided over the decision of the regulator.

I. The main assumptions of the Model Licence

A licensing toolkit - Krisztina Rozgonyi

The Model Licence 1.focuses on the licensing framework and assignment models for DTTB and MTV in the commercial market, as licensing of public broadcasters shows more unique than general characteristics;2.assumes that one Licensee is assigned for all available DTTB and MTV capacities/frequencies;3.is elaborated for Model A (as defined by the ITU DSO Guidelines), since Model B can more easily be derived from this structure, than the other way around;4.assumes that the Licensee acts as

a. Multiplex Operator,b. Service Provider and,c. Content Distributor;

5.focuses on DSO and ASO, and under Licence conditions also addresses some later key events; (a) spectrum re-farming (moving DTTB services out of the 700 MHz band) and (b) migrating to future generation transmission standard (like DVB-T2 --> T4);6.assumes that the Licensee is also in 'charge' of the ASO (services and spectrum) and has obligations for ASO.

II. Structure of the Model Licence

A licensing toolkit - Krisztina Rozgonyi

ARTICLE 1: RecitalsARTICLE 2: The LicenceARTICLE 3: The Licence PeriodARTICLE 4: Fees payable by the LicenseeARTICLE 5: Allocation of frequenciesARTICLE 6: The Licensee's obligations ARTICLE 7: Pricing mechanisms of the Licensed ServiceARTICLE 8: Deployment of the network(s)and access to the Licensed ServiceARTICLE 9: Reporting and controllingARTICLE 10: Sanctions of misconduct and causes for withdrawal of the frequency permitARTICLE 11: Modification of the Licence ARTICLE 12: Tasks and obligations of the LicensorARTICLE 13: Transferability of the LicenceARTICLE 14: Miscellaneous provisions