On 10 December 2008, the European Commission published the Communication ''Legal Framework for Mobile TV Networks and Services: Best Practice for Authorisation - The EU Model'', which sets the main guidelines for driving provision of mobile TV services in Europe.
The document identifies the following guidelines as best practice:
- Any new authorisation regime for mobile TV under national law should aim at involving the different actors in the value chain whilst ensuring compliance with EC and national competition rules;
- Authorisation procedures should be open to all market players in order to ensure a level playing field for different actors in the mobile TV value chain;
- Public consultation of citizens and all interested parties should be organised systematically, in parallel with commercial trials on, inter alia, the opportunities related to mobile TV deployment, the use of the digital dividend for mobile TV services and the financing models;
- Regular reporting by public authorities on market developments should take place, together with appropriate proposals to adapt existing rules;
- The relationship between e-communications, spectrum and content rules should be clearly defined, in order to promote a clear and transparent authorisation regime;
- The national regime for mobile TV should ensure a "one-stop-shop" approach or at least limit to the minimum the number of public players in decisions to grant mobile TV authorisations;
- A clear schedule for the award procedure should be announced no later than the start of the commercial trials of mobile TV services;
- Objective, transparent and non-discriminatory award criteria should be applied, in conformity with Community law. Award procedures should encourage a collaborative approach between the players, subject to compliance with competition rules. Requirements for quality of service, including indoor coverage, and optimal use of the spectrum should be part of the award conditions;
- The possibility of withdrawing spectrum awarded for mobile TV that is not put to use within a reasonable time period should be included in the award conditions;
- A discussion on must offer rules for mobile TV services should be organised in every Member State and at EU level;
- Network infrastructure sharing for mobile TV services should be encouraged, to the extent permitted by competition rules;
- Aspects related to interoperability and roaming for mobile TV should be given due consideration in light of the wireless nature of the services.
''Legal Framework for Mobile TV Networks and Services: Best Practice for Authorisation - The EU Model''http://ec.europa.eu/information_society/policy/ecomm/doc/library/communications_reports/leg_fw_mob_tv/1_en_act_p1_v2.pdf (EC Communication)
Commission issues guidelines to get Mobile TV on Europeans' mobile phoneshttp://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1923&format=HTML&aged=0&language=EN&guiLanguage=en (EC press release)
