Oftel - Broadcasting & Convergence



	Broadcasting & Convergence



			Introduction What does Oftel regulate? Oftel Broadcasting publications Relevant publications Legal texts How to contact Broadcasting & Convergence Introduction Oftel is involved in the economic regulation of certain aspects of broadcasting in the UK. This responsibility began with the regulation of terrestrial broadcast transmission through licences granted under the Telecommunications Act 1984. The onset of digital technology has, however, created a new set of challenges and responsibilities for Oftel. "Convergence" - the process by which the same content can be transmitted over different mediums - has meant that the world of telecommunications and television are growing ever closer, particularly in the area of digital interactive services. It will therefore be possible for the consumer to access a variety of digital services over terrestrial broadcast, satellite, cable or even new higher bandwidth telephony products such as ADSL, which allows broadcast content over the telephone network. Oftel's over-riding objective in this new digital environment is to ensure that consumers receive the best deal in terms of quality, choice & value for money. What does Oftel regulate? Oftel has a responsibility to maintain and promote competition in Terrestrial Broadcast Transmission markets. In 1996 Oftel published the consultative document 'Competition Issues in Terrestrial Broadcast Transmission'. This document examined the market in the context of the sale of the BBC Transmission network and the proposed launch of new digital terrestrial radio and television services. Oftel also regulates certain aspects of access to UK digital television networks. This regulation stems from the Advanced Television Services Directive (Directive 95/47/EC). The key concept behind the Directive is that providers of conditional access should not be able to restrict competition in the broadcasting market by refusing a broadcaster supply of Conditional Access Services. Oftel regulates operators who provide Conditional Access Services under the Conditional Access Class Licence. Conditional access is the technology by means of which access to Digital Television Services may be controlled, so that only those viewers who are authorised to receive such services do so. This technology would include, for example, the scrambling of signals for Digital Television Services. One key element of Oftel's regulation in this area is the enforcement of obligations on conditional access providers to supply on a fair, reasonable and non-discriminatory basis. Electronic Programme Guides (EPGs) are regulated by Oftel in association with the ITC. EPG's enable digital TV viewers to find and select digital television programmes. EPG's constitute Conditional Access Services, therefore EPG operators must also make these services available to third parties on a fair, reasonable and non-discriminatory basis. Oftel also has powers to regulate the provision of Access Control Services, and does so under the terms and conditions of the Access Control Class Licence. Access Control Services control the supply to end users of certain other digital services. These services could include, for example, broadcast interactive services like shopping and banking through the television set. Oftel Broadcasting publications Oftel has published a number of consultation documents, statements and submissions dealing with the regulation of broadcasting. Conditional Access Digital television and interactive services (statement) and The pricing of conditional access and access control services (guidelines) The statement 'Digital television and interactive services' provides Oftel's views on the main issues arising out of the March 98 document 'Digital Television and interactive services; ensuring access on fair, reasonable and non-discriminatory basis'. The guidelines 'The pricing of conditional access and access control services' provide guidance as to how Oftel interprets 'fair, reasonable and non-discriminatory' pricing of Conditional Access Services and Access Control Services (4/99) Digital television and interactive services: ensuring access on fair, reasonable and non-discriminatory terms – Consultative Document (3/98) Conditional Access Charges for Digital Television – Statement (2/98). Pricing of Conditional Access Services for Digital Television – Consultative Document (10/97) Extending the Regulatory Regime for Conditional Access Services – Oftel/DTI Consultative Document (7/97) The Regulation of Conditional Access for Digital Television Services – These guidelines lay down the broad principles of the regulation of conditional access services for Digital Television Services (3/97) Conditional Access – Draft Oftel Guidelines – Consultative Document (12/96) The Regulation Of Conditional Access Services for Digital Television - This paper sets out the Government's proposed approach to the regulation of conditional access for digital television, including both scrambling and encryption, and subscription management services (DTI Website) (1/96) Electronic Programme Guides (EPGs) The Regulation of Conditional Access for Digital Television Services - These guidelines set out Oftel's approach to the regulation of EPGs (3/97) ITC Code of Conduct on Electronic Programme Guides - Compliance in the area of EPGs is measured against Oftel guidance on Conditional Access, and the ITC Code of Conduct (6/97) Access Control Decision as to the status of Sky Subscribers Services Limited as a regulated supplier in the market for Access Control Services for digital interactive TV services - (06/00) Draft decision and statement of reasons on the Director General's intention to determine that Sky Subscribers Services Limited is in a dominant position under the terms of Condition 9 of the Class Licence for the running of telecommunications systems for provision of Access Control Services - Consultation (04/00) SSSL as a Regulated Supplier - This document considers whether the Director should determine Sky Subscribers Services Limited (‘SSSL’), which is the Licensee in this instance, to be a Regulated Supplier and concludes that he should (11/99) Draft Guidelines on Regulated Supplier determinations - These guidelines set out the approach the Director expects to take when considering a Regulated Supplier determination (07/99) Oftel/ITC joint publications Joint ITC, Oftel and OFT advice to Government on digital television - final document (11/00) Joint ITC, Oftel and OFT advice to Government on digital television - consultation document (05/00) The bundling of telephony and television - Provisional conclusions of the investigation by Oftel and the ITC into some aspects of the way in which cable operators bundle retail telephony and television services (2/00) Bundling of television and telephony: A joint consultation document between Oftel and ITC - Available on the ITC website (04/99) Digital TV Research Digital Television - Consumers' use and perceptions - A report on a research study (09/01) Consumers use of digital TV - Summary of Oftel Residential Survey (10/00) Consumers’ use of Digital TV - Summary of Oftel Residential Survey (08/00) Terrestrial Broadcast Transmission Proposed modification to Crown Castle UK's transmission licence - May 2001 Statutory consultation on proposed modifications to NTL's transmission licence - statutory notice and proposed modifications (4/00) Analogue Site Sharing Agreement - This agreement is reproduced by kind permission of NTL and Castle Transmission International (who bought the BBC transmission network in 1997) (2/99) Competition Issues in Terrestrial Broadcast Transmission – Consultative Document. This document analyses the marketplace in advance of the sale of the BBC Transmission network, and the launch of digital terrestrial television and digital audio services (10/96) NTL Price Control for the Period 1997-2002 - Final Statement (9/96) NTL Price Control for the Period 1997-2002 - Interim Statement (5/96) NTL Price Cap Review - Consultative Document (1/96) Oftel responses to ITC consultations Oftel's submission to bundling in the pay television market – Oftel's submission to the ITC (12/97) Oftel’s submission to the ITC on competition issues arising from the award of digital terrestrial television multiplex licences - Oftel's submission to the ITC (6/97) Relevant publications Convergence UK Oftel’s Response to Regulating Communications: Approaching Convergence in the Information Age - Oftel's response to the UK Green Paper (12/98) UK Green Paper - Regulating Communications: Approaching Convergence in the Information Age - This document sets out the Governments preliminary views and reasoning on the likely implications for the legal and regulatory frameworks covering broadcasting and telecommunications. DTI consultation (7/98) Beyond the telephone, the television and the PC III – Oftel’s second submission to the culture, media and sport select committee inquiry into audio-visual communications and the regulation of broadcasting (3/98) Beyond The Telephone, The Television and The PC II – Oftel’s first submission to the Culture Media and Sports Select Committee Inquiry into audio-visual communications and the regulation of broadcasting (1/98) Convergence EU Review of the Advanced Television Standards Directive [COM](1999)540 - This document analyses the development of the market for Digital Television in the EU, in the context of the TV Standards Directive 95/47/EC (PDF Format) (11/99) Convergence of Telecommunications Media and Information Technology Sectors, and the Implications for Regulation [COM] (1999)108 - Results of the Public Consultation on the Communications Green Paper [COM] (97) 623 (3/99) Oftel's response to the European Commission’s working document [SEC](98)1284- Oftel response to the European Commission's working document summarising the results of the public consultation on the Green Paper on the convergence of the Telecommunications, Media and Information Technology sectors (11/98) Working Document [SEC(98)1284 – European Commission Working Document. This summarises the results of the public consultation on Green Paper [COM] (97) 623 (7/98) Oftel's response to the European Commission's Green Paper [COM] (97) 623 - Oftel's response to the European Commission concerning the Green Paper on the convergence of the telecommunications, media and information technology sectors, and the implications for regulation (3/98) Green Paper on the Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation [COM] (97) 623 – European Commission Green Paper [COM] (97) 623 (12/97) ITC/OFT/DTI publications Oftel submission to the Office of Fair Trading’s review of BSkyB’s position in pay TV markets - response (05/00) BSkyB review- This Office of Fair Trading document identifies the issues and data that the Director General will consider and require in assessing the need for future regulation of BSkyB's conduct and, in particular, its relationship with cable operators and other distributors (3/00) The Director General's Review of BSkyB's Position in the Wholesale Pay TV Market - Office of Fair Trading consultation document (12/96) Oftel's submission to the Office of Fair Trading review of the pay-TV market – Oftel's submission to the OFT (2/96) Legal texts Advanced TV Standards Directive 95/47/EC- Directive 95/47/EC on the use of standards for the transmission of television signals The Advanced Television Services Regulations 1996: Amendments - Revised guidance to the Advanced Television Services Regulations 1996 (DTI website) (6/99) Conditional Access Class Licence- Class Licence for the running of telecommunication systems for the provision of Conditional Access Services (DTI website) Access Control Class Licence - Class Licence for the running of telecommunication systems for the provision of Access Control Services (DTI website, PDF format) Links to other Government pages and relevant web sites The following government web sites contain a mixture of useful consumer information and publications concerning the regulation of broadcasting in the UK Department of Trade and Industry Department of Culture, Media and Sport The Office of Fair Trading The Independent Television Commission How to contact Broadcasting If you have a query on any issue relating to Broadcasting & Convergence, please contact us