Converging service platforms, trends Regulatory and policy aspects Nuno Encarnação, OFCOM(CH)

Convergence, seen from ‘regulators’, is to obtain… (informal opinions in a discussion group) Several services over the same device or network, i.e. more information society and communications services like traditional telephony, TV/radio distribution on a single communications platform (e.g. Internet), infrastructure or device and/ or The same service over several devices or network, i.e.  any particular service from different/ several or multiple platforms, infrastructures or devices, e.g. TV or telephony services over Internet, IPTV, satellite, DSL, HFC

Exemples Many mobile phones may, with a fixe, satellite or mobile access receive radio and TV exchange e-mails access Internet and reach many Information Society Services [ISS] … or simply call someone else Information Society Services Content preparation for radio et TV broadcasting Multimedia services other than transporting information The printed press and other information Telephony applications, SMS, MMS excluding transport Access to databanks, public documents, media contents and other remotely offered services up to the distribution interface Interactive services (as far as transport is excluded) e-voting, e-health, e-learning, e-banking,… e-government, e-voting, e-tax declaration, blogs, etc.

Radio HD …

Which seems comparable to… Radio HD Which seems comparable to… From ITU-T rec. Y.2240 But… Information society services (ISS, contents, applications) are typically in the user layer but may also be seen as resources for communications platforms, depending on the situation, if they are ‘exposed’ (publicly available?) or not; user generated contents and applications are in the same situation as the ISS… … to be seen in a case by case basis

Users, services and resources Communication services (transport of information) increase their independence from infrastructures and resources, since the same service may be provided over several supports Information Society Services (ISS) and users/consumers increase their independence from communication services and infrastructures due to the greater offer in these domains As mentioned above, contents and applications (ISS) may be seen in the user cluster/ layer or (in the case of being ‘exposed’ on the platform offer) in the resource cluster/ layer… … clear universal borderlines among users, communication services and resources do not yet exist!

Issues and opportunities (related to standardization issues) Service providers have increased data from their clients Services will be tailored for users (opinion scores do help!), offer and demand tend to better match covering particular user’s and societal needs Security is a critical component (who has access to what information) Personal data protection: providers have detailed users’ profiles Content protection right: access, usage, copy and distribution Service and network protection: no disturbance, only for recognized clients System specific solutions may impair the right of the user to choose (and change) the supplier and delay the evolution… standardized offers are welcome… Increased competition (incl. FTTH) and data exchange (more available services) will require technology decisions (e.g. switch-off analog TV) The reproducibility of multiple-play offers should be checked (new comers to have comparable opportunities, no discrimination)

Impact Different society sectors have mutual influence Users/ consumers and content providers have more choice Actor’s behavior change The impact on public policy and economy is important Authorities should survey tightly the different sectors’ evolution … and verify if law application needs adaptation There is a great amount of risks and opportunities … ‘video killed the radio stars…’ But the core of the revolution is e.communication platforms What information (voice, video…) to transport from whom to whom Under which conditions… which are the risks and opportunities?

The e.communication service is… Note: Swiss law is independent but in general tries to evolve taking in account EU regulatory and policy concepts developments [partial copy of EU Framework Directive 2002/21/EC, art.1c] means a service …which consists …in the conveyance of signals on electronic communications networks, including … telecommunications services and transmission services … for broadcasting, but exclude services providing, or exercising editorial control over, content transmitted using electronic communications networks and services; it does not include information society services… [copy of the Swiss art. 3.§b of the SR 784.10, Telecommunications Act, TCA] telecommunications service means transmission of information for third parties by means of telecommunications techniques. Art.1 of SR 784.40 Federal Act on Radio and Television recognizes TCA as the relevant law for transmission aspects.

Law comparaison EU - CH CH (Acts) Theme EU (Directives) RTVA + TCA A comparison between Swiss and European legal frameworks may help CH (Acts) Theme EU (Directives) RTVA + TCA Communications infrastructures R&TTE + ECNS Directives Communications services ECNS Directive RTVA (Title 3) [backed by TCA] Radio and TV transmission ‘Linear’/ ‘live’ in RTVA Media ‘Live’ & ‘on-demand’ AVMS Directive The increasing independence among sectors (infrastructures, communication services and information society) may imply stronger splitting their legal handling Note: A ‘EU green paper’ online distribution of audiovisual works discusses distribution rights aspects

Visions and trends A ‘total communication for all‘ (‘e-accessibility’), may mean the future inclusion in the concept of Universal Service of… Synchronized transmission of audio/ voice, video, text and other data (subtitling, sign language, audio description, files… aggregation) for: (video)-telephony, radio, TV and access to Internet conversational/ interactive (possibly aggregated) services The control function of networks and services… Is moving to application layers and management centers, often out of the control of the traditional telecom service provider A good part of liability and editorial shaping of the contents… Is moving to end-users A part of media policy… Is moving under the control of business interests

Some essential supporting items for service platforms ICT services need to check following very generic items (needs of standardization to be specified per new service … even if new services result from the aggregation of earlier ones) Localization: user local, emergency calls, regional/ local services (including emergency alarms, cell broadcasting… fix and mobile) Interoperability, interconnection and public access, all interfaces should ensure interoperability, standardized solutions are welcome Quality: when too much required (in the law), it limits competition… if it is too low, functionality is questionable, may be unacceptable… Security: network, services, contents (owner, distribution, access rights), personal data protection, children and special social groups content protection, identification, authorization, lawful interception… Environment compatibility: emc and rational use of the spectrum (air/ radio, cable and fiber)… but also… rational usage of energy resources and materials (including recycling)