1. Interaction in the Public Interest: Regulating new communications technologies to deliver public interest information services Joanne Jacobs National Centre for Australian Studies, Monash University

2. Digital media environment Vehicles for information delivery –Internet (streaming content) –VANS (notably xDSL) –Digital television More opportunities to deliver More complex systems of access Old legislative framework

3. Public interest and information provision Traditionally information service providers have delivered public interest content Based on public fiduciary responsibilities for use of public (and finite) infrastructure New environment warrants similar provisions Limited effort in digital television legislation to cater for public interest services

4. Identifying the problem Need to provide public interest information services Need to produce greater efficiency in information provision Need to understand delivery mechanisms to protect equitable and competitive industry practices Should now consider implementation policies

5. Definitions Netcasting –Data, audio & audio/visual content delivered via point- to-point protocol xDSL –Data and broadcasting-style content delivered via cable infrastructure in B2B and residential markets Datacasting –Data and broadcasting-style content delivered via broadcasting services bands (BSB)

6. Justification for application of public fiduciary principles New media have received wide-scale adoption Governments internationally have recognised the importance of the Internet as a vehicle for information provision Datacasting, as a subset of digital television, should be similarly identified as a vehicle for information services, available to a mass audience Competitive practices should be mediated by regulatory controls where competition fails the publci interest

7. Existing controls Cross media ownership Content regulation Quality of output regulation –Complexity of infrastructure used (bandwidth ‘tenancy’) –Sophistication of content (‘broadcasting style’)

8. Existing controls: difficulties Corporate plans for growth stifled Public interest services compromised in the interest of industry protection Management of information exchange for public services complicated as no standards apply Growth and reach of new media not accommodated by existing policies

9. Solutions: relative influence Media players no longer should be segregated by industry classification (as broadcasting or telecommunications) Relative influence could be instituted as a means of maintaining the spirit of cross- media ownership rules, without distorting markets, or stifling information exchange Management of relative influence occurs at licensing level

10. Degree of influence

11. Content controls Some content restrictions unworkable for new media –On-line services regulation limited in effectiveness Regulated and unregulated divisions could be implemented, managed by relative influence and cross-promotional links

12. Output controls Regulated service providers –Identified by degree of influence –Limited broadcasting-style content –Obliged to carry public interest content/services Unregulated service providers –Free to offer broadcasting-style content –Encouraged to offer public interest content/services

13. National provider filtration Access to information services mediated by national provider –Allows limited content filtration (in accordance with existing on-line services regulation) –Allows incentives program for content linking –Produces more efficient navigation and ‘programming guide’ services –Ensures centralised management of information dissemination without distorting competitive markets

14. Useful testing markets Dual regulated and unregulated market can generate competition between new media markets (Eg: Netcasting v Datacasting) Links between regulated and unregulated sectors better realise public interest objectives Monitoring of content centralised, thus more easily quantified

15. Information systems regulation Provides better capacity to realise public interest objectives Provides more equitable testing ground for new media services Permits growth of national trade in communications products and services Sustains traditional principles of community protection as well as rights of access

16. Contact details Joanne Jacobs Lecturer & Webmaestro National Centre for Australian Studies Monash University VIC, 3800 Ph: (+61 3) 9905 9091 Fax: (+61 3) 9905 5238 Email: joanne@joannejacobs.net Slides are available at http://joannejacobs.net/pubs.htm