Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Strengthening the Internal Market for Mobile TV {SEC(2007) 980} {SEC(2007) 981}
Date: 2007-07-18
Institutions: European Commission
Subjects: communications systems, innovation, interactivity, television, trade regulations, waveband

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.7.2007 
COM(2007) 409 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Strengthening the Internal Market for Mobile TV 

{SEC(2007) 980} 
{SEC(2007) 981} 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Strengthening the Internal Market for Mobile TV 

1. 

MOBILE TV: A NEW OPPORTUNITY FOR THE EU 

Mobile  TV  refers  to  the  transmission  of  audiovisual  content  to  a  mobile  device1.  It  has  the 
potential  to  change  profoundly  the  way  in  which  consumers  experience  television  and 
audiovisual services. It offers the possibility of viewing any content, any time, anywhere, and 
also  provides  for  a  new  world  of  interactivity,  where  traditional  and  on-demand  creative 
content  consumption  is  supplemented  by  services  tailored  to  the  needs  and  tastes  of  each 
consumer. Mobile TV is at the crossroads of two powerful social trends, greater mobility and 
new forms of accessing media content. It therefore could become one of the next high-growth 
consumer technologies. 

By  bringing  together  personal  mobile  communications,  one  of  the  most  dynamic  of 
European  markets,  and  audiovisual  content,  Mobile  TV  is  at  the  frontier  of  high-value, 
innovative services. Estimates indicate that by 2011 this could be a market between € 7 billion 
and € 20 billion, reaching between 200 million and 500 million customers worldwide2. It is an 
example of digital convergence, a concept at the heart of Commission's i2010 strategy for the 
Information  Society.  Digital convergence  brings  to  Europe new  business  opportunities,  new 
jobs and new consumer services, contributing to European competitiveness and welfare in line 
with the renewed Lisbon Strategy for growth and jobs and the actions adopted by the 2006 
Spring European Council. The development of Mobile TV fits well with the objectives set out 
in  the  Commission’s  Communication  to  the  Lahti  informal  European  Council  on  an 
innovation-friendly, modern Europe3. 

European  equipment  manufacturers  as  well  as  service  providers  play  a  prominent  role  in 
Mobile TV trials and commercial launches around the world. However, the introduction and 
take-up of Mobile TV services in the EU so far have been slow. Competitors from Europe's 
main partners, most notably from Asia and the US, have made significant progress, and 
Europe  risks  losing  its  competitive  edge  in  mobile  services4  and  missing  a  major 
opportunity  for  growth  and  innovation  unless  a  sufficient  momentum,  coupled  with  the 
appropriate degree of coordination, is achieved across Europe. 

This  is  why  there  is  a  need  to  develop  a  blueprint  for  Europe.  Today,  the  Mobile  TV 
market  is  still  in  a  very  early  stage:  2006  was  a  key  year  in  terms  of  pilots  and 

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There  are  several  devices  available  for  receiving  mobile  TV  but  the  most  common  one  is  the  mobile 
phone.  
See Impact Assessment for an overview of the market analyses. 
Communication from the Commission to the European Council (Informal meeting in Lahti – Finland, 
20 October 2006): An innovation-friendly, modern Europe - COM(2006) 589, 12.10.2006; OJ C 332, 
30.12.2006, p. 42. 
For  instance,  in  spring  2007,  there  were  over  4  million  users  in  South  Korea  and  over  7  million  in 
Japan. This compares to a maximum of 500 000 customers in the EU.  

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announcements;  in  2007  Italy,  Finland,  and  to  a  lesser  extent  Germany  and  the  UK,  have 
commercial  operations,  and  other  nationwide  launches  are  planned  in  Germany,  France  and 
Spain.  But  the  take-up  is  very  slow  because  of  technological  and  regulatory  uncertainties. 
2008  is  generally  considered  as  a  crucial  year  for  Mobile  TV  take-up  in  the  EU  owing  to 
important  sports  events,  such  as  the  European  Football  Championship  and  the  Olympic 
Games,  which  will  provide  a  unique  opportunity  for  increasing  consumers'  awareness  and 
their  adoption  of  new  services.  Giving  to  European  citizens  the  chance  to  access  to  these 
innovative services in 2008 and ensuring that European companies are part of this innovation 
are objectives of public interest that justify a proactive approach of the European Union. 

The  key  to  a  successful  take-up  of  these  innovative  services  in  the  EU  lies  in  creating  a 
favourable environment that will enable operators and consumers to reap the benefits of the 
Internal Market and to achieve the necessary economies of scale. 

Mobile TV transmission can take different forms, from live television to time-shifted or on-
demand viewing. Transmission of Mobile TV services can take place over various networks 
including  cellular  mobile,  terrestrial  broadcast,  satellite  and  Internet-based.  A  useful 
distinction to be made is that between unicast ("one to one") and broadcast ("one to many") 
mobile  TV5.  For  the  purposes  of  this  Communication  and  the  accompanying  Impact 
Assessment  "Mobile  TV"  refers  to  broadcast  terrestrial  mobile  TV  services  only.  The 
reason  behind  this  choice  is  that  the  policy  and  regulatory  framework  for  services  over 
existing  mobile  communications  networks  are  already  in  place  and  such  services  are  well 
developed in the EU as part of commercial offerings of most 3G operators. In addition, only 
the broadcast mode is able to deliver the same content to a large number of users at the same 
time and is therefore key to achieve mass-market deployment of mobile TV services. Mobile 
satellite  services  (MSS)  can  also  be  an  important  platform  for  mobile  TV  applications. 
However, they face a different set of issues compared to mobile terrestrial services, which are 
being addressed through a separate Commission initiative6. 

2. 

KEY FACTORS FOR SUCCESS 

In  2006,  the  Commission  launched  a  dialogue  with  stakeholders  in  order  to  identify  and 
address  the  issues  surrounding  the  emerging  Mobile  TV  services.  In  particular,  the 
Commission services facilitated the setting up of an industry umbrella group, the European 
Mobile Broadcasting Council (EMBC), a forum which gathered together for the first time 
all main industry players concerned, including broadcasters, manufacturers, content providers 
and telecom operators. The EMBC issued industry recommendations in March 2007. Member 
States  were  also  regularly  consulted  on  specific  issues  in  the  context  of  institutional  fora, 
including  the  Radio  Spectrum  Policy  Group,  the  Radio  Spectrum  Committee  and  the 
Communications  Committee7.  The  Commission  will  continue  to  consult  stakeholders, 

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According to the EMBC, a Mobile Broadcast Service is a service for simultaneous multimedia content 
distribution to many recipients (potentially) without knowing the recipient. 
The Commission, in cooperation with the Member States, has adopted Decision 2007/98/EC (OJ L 43, 
15.2.2007  p.  32)  reserving  the  2  GHz  frequency  bands  for  MSS  systems  including  Complementary 
Ground Components, paving the way for the possible deployment of mobile TV services in these bands. 
The  Commission  is  also  proposing  to  coordinate  at  EU  level  the  authorisation  procedure  and  the 
selection of operators, in order to properly address the cross-border nature of satellite systems. 
Sub-committee on Authorisation. 

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including  consumer  organisations  and  will  call  on  the  industry  to  continue  its  work  on 
interoperability, notably at transmission and service level. 

As  a  result  of  this  consultation  three  main  factors  have  been  identified  as  key  to  the 
successful introduction of Mobile TV: 

–  Technical aspects (standards/ interoperability); 

–  A regulatory environment conducive to innovation and investment;  

–  Ensuring quality spectrum for mobile TV services. 

2.1. 

Technical aspects (standards/ interoperability) 

Agreeing  on  a  common  technical  standard  for  mobile  TV  would  provide  important 
advantages for European consumers and industry. It would give all actors in the mobile TV 
value  chain  -  equipment  manufacturers,  application  developers,  broadcasters,  content 
aggregators,  mobile  operators  -  certainty  concerning  technological  decisions.  Only  a 
predictable environment can lead to investment in equipment production and development of 
services  and  thus  help  to  achieve  the  economies  of  scale  that  are  needed  to  launch  the 
services. Availability of equipment and services and decreasing prices will stimulate demand, 
which  in  turn  will  help  to  attain  critical  mass,  ensuring  the  sustainability  of  the  Mobile 
TV business cases. 

The universal success of GSM, which established Europe as the worldwide leader in mobile 
communications,  demonstrates  the  benefits  that  can  accrue  when  all  players  in  the  industry 
agree  on  the  development  of  a  new  service  over  a  common  standard.  Also  in  the  field  of 
broadcasting,  agreement  on  common  standards  is  widespread.  Today,  for  each  digital 
broadcasting platform in Europe, the transmission techniques are based on the corresponding 
standards of the DVB family8, which are also actively promoted by the European Commission 
in  its  relations  with  third  countries  and  supported  by  European  research  Consensus  over  a 
common standard would facilitate the ability for a mobile receiver to work on any broadcast 
mobile TV network in Europe, spreading confidence to consumers. Mobile TV implementers 
will have less difficulty in making technology choices. The successful deployment of Mobile 
TV services in Japan, South Korea and the United States relies on a single standard. 

Currently  in  Europe,  there  is  a  risk  of  fragmentation  in  the  Internal  market  as  there  are 
several  Mobile  TV  technologies  for  different  platforms  so  that  the  benefits  outlined  above 
may  not  materialise.  Among  the  trials  and  commercial  launches  based  on  terrestrial  digital 
technologies9,  DVB-H10  is  used  in  most  countries  and  widely  considered  as  an  open  and 

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DVB-S and DVB-S2 for satellite broadcasting, DVB-C for cable and DVB-T for digital terrestrial. 
Hybrid  satellite/terrestrial  systems  are  also  developing  to  present  an  alternative  to  terrestrial-only 
systems,  having  the  capacity  of  greater  coverage  than  terrestrial-only  systems.  DVB-SH  is  such  a 
system consisting of DVB-H adapted for S-band and the hybrid (satellite/terrestrial) operation concept. 
Digital  Video  Broadcast  transmission  to  Handheld  terminals,  an  ETSI  standard  based  on  DVB-T 
standards. 

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robust  standard.  The  other  trials  and  commercial  launches  are  using  T-DMB11.  Other 
technologies also start to be tested in Europe12. 

The  Commission  favours  industry-led  approaches  with  regard  to  the  definition  of  standards 
and interoperability issues, especially in the case of fast moving technologies. In the case of 
mobile TV, the EMBC recognised the virtues of agreeing on a common standard which could 
deliver significant economies of scale within Europe. However, the EMBC did not propose a 
common  standard.  More  efforts  are  therefore  needed  in  this  respect.  Looking  at  the  present 
situation, DVB-H appears to be the strongest contender for future terrestrial Mobile TV 
deployment  in  Europe.  It  is  already  the  most  widely-used  standard  in  Europe  and  is  also 
becoming  popular  worldwide.  About  40  DVB-H  pilot  networks  have  been  implemented  for 
trials  all  over  the  world,  including  the  USA  and  Asia.  25  out  of  these  trials  have  been 
implemented in Europe. In the EU, trials have already taken place in 15 Member States, with 
Italy pioneering the commercial introduction of DVB-H services, now followed by Finland. 
France,  Germany  and  Spain  are  also  taking  steps  to  open  operational  DVB-H  networks  in 
2007. 

There are several reasons why market players have chosen DVB-H in Europe. DVB-H is 
fully  backwards  compatible  with  DVB-T.  This  is  of  particular  importance  in  the  European 
landscape  of  transition  to  digital  broadcasting,  as  DVB-T  is  used  as  terrestrial  digital 
transmission  everywhere  in  Europe.  Moreover,  in  terms  of  know-how,  network  operators 
have experience in building and operating DVB-T networks. The majority of European, US 
and  Asian  manufacturers  propose  DVB-H  equipment  and  systems  solutions  as  DVB-H  is  a 
fully standardised system. 

The  Commission  therefore  considers  that  DVB-H  will  form  the  basis  for  the  successful 
introduction  and  take-up  of  terrestrial  Mobile  TV  services  in  the  EU.  It  will  encourage 
industry  dialogue,  so  that  a  wide  consensus  over  DVB-H  implementations  can  be  achieved. 
To  promote  this  consensus  the  Commission  intends  to  prepare  the  necessary  steps  to  add 
DVB-H to the List of standards13 published in the Official Journal of the European Union14. 
Adding DVB-H to the List of standards would imply that Member States would be required to 
encourage  the  use  of  DVB-H  for  the  provision  of  terrestrial  Mobile  TV  services.  The 
Commission  calls  upon  industry  to  ensure  that  any  outstanding  issues  regarding  intellectual 
property rights related to DVB-H are settled without delay15. The Commission will continue 

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Terrestrial Digital Multimedia Broadcasting, an ETSI standard based on T-DAB, including also DAB-
IP (IP TV over DAB protocol). T-DMB was used in Germany to launch a service on the occasion of the 
Football World Cup 2006. DAB-IP is currently used in the UK. 
Notably MediaFLO (Media Forward Link Only). 
Commission  Decision  2007/176/EC  of  11  December  2006  establishing  a  list  of  standards  and/or 
specifications  for  electronic  communications  networks,  services  and  associated  facilities  and  services 
and  replacing  all  previous  versions  (notified  under  document  number  C(2006)  6364),  OJ  L  86, 
27.3.2007, p. 11. 
Directive  2002/21/EC  of  7  March  2002  on  a  common  regulatory  framework  for  electronic 
communications  networks  and  services  (OJ  L  108,  24.4.2002,  p.  23).  The  procedure  referred  to  is 
described  in  Article  17(1),  which  foresees  a  consultation  of  the  Member  States  and  a  further  specific 
decision by the Commission, providing for such a publication. 
In light of the successful experience of DVB-T, a patent pool has been created for DVB-H.  

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to  monitor  the  situation  in  the  EU  and  may  come  forward  with  proposals  in  mid  2008 
including, if appropriate, steps to make an open standard mandatory16. 

Furthermore, interoperability remains an important objective. Past experiences, notably in 
the  field  of  interactive  television,  demonstrated  that  a  common  standard  is  not  in  itself 
sufficient to guarantee interoperability, especially for levels higher than the physical transport 
of the signal. Therefore, the Commission  will encourage stakeholders to act together with a 
common aim of maximizing access of consumers to services, in particular by relying on open 
standards. 

2.2. 

A  regulatory  environment  conducive  to  innovation  and  investment  in  Mobile 
TV  

National approaches to the authorisation of Mobile TV services vary considerably. In many 
Member States, Mobile TV is subject to the general regime applying to broadcasting. In some 
others, there are no specific rules, or the regulatory framework for these new services is still 
being debated. So far, there is little experience with broadcasting services using exclusively 
mobile  transmission  (i.e.  not  having  a  "traditional"  broadcasting  programme  licence  under 
media  law).  This  situation  generates  a  high  degree  of  regulatory  uncertainty  and  in  some 
cases a legal vacuum which affects negatively potential Mobile TV operators in the Internal 
market. 

The  take-up  of  Mobile  TV  needs  a  transparent  and  light-touch  regulatory  environment. 
Whilst it is clear that the licensing decision remains a national prerogative, industry expects a 
clarification of the prevailing licensing framework, and seeks to obtain a reasonable level of 
certainty on the matter, especially when launching Mobile TV services in different Member 
States.  

Authorisation regimes for Mobile TV services must take into account the needs of the Internal 
Market, and the aim should be to strive for a level playing field allowing the various actors to 
compete  under  similar  conditions.  Consistency  of  regulatory  approaches  across  the  EU  is 
needed  in  order  to  clarify  applicable  regulation  and  create  a  regulatory  environment 
conducive  to  investment  and  innovation.  The  Commission  considers  that  Mobile  TV  is  a 
nascent service and inappropriate obligations should not be imposed. For example, must-carry 
obligations  are  not  permitted  for  a  nascent  service17,  and  other  traditional  broadcast 
obligations may not be appropriate for Mobile TV. Member States are invited to identify and 
remove  any  such  regulatory  obstacles.  Moreover,  Member  States  should  not  prohibit 
infrastructure  sharing18  and  shall  encourage  co-location  when  this  is  needed  to  facilitate 

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As foreseen under Article 17(3) of Directive 2002/21/EC. This would imply publishing a notice in the 
Official  Journal  and  inviting  public  comment  by  all  parties  concerned.  Any  Commission  proposal 
pursuant to Article 17(3) would be accompanied by a detailed impact assessment.  
Article  31  of  the  Universal  Service  Directive  2002/22/EC  (OJ  L  108,  24.4.2002,  p.  51)  allows  must-
carry  obligations  to  be  imposed  only  on  networks  where  a  significant  number  of  users  use  those 
networks as their principal means of receiving radio and TV broadcasts. 
Such  agreements  have  been  in  place  in  some  markets  in  the  context  of  GSM  and/or  UMTS 
infrastructure  and  exempted  by  the  Commission  under  the  EU  Competition  rules.  E.g.  Commission 
Decision of 16 July 2003 (Case COMP/38.369: T-Mobile Deutschland/O2 Germany: Network Sharing 
Rahmenvertrag - OJ L 75, 12.3.2004, p. 32) and Judgment of the CFI of 2 May 2006 (Case T-328/03). 

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network  deployment  and  impose  it  where  necessary  to  address  possible  environmental 
concerns19. 

In  the  field  of  regulation  and  authorisation  regimes,  the  Commission  will  promote  contacts 
between Member States with a view to exchanging information and identifying best practice. 
The  Commission  will  provide  guidance  on  regulatory  issues  including  through  guidelines 
and recommendations as appropriate.  

2.3. 

Ensuring quality spectrum for Mobile TV services  

A key factor influencing the successful deployment of Mobile TV is access to radio spectrum. 
Spectrum  is  a  key  enabler  for  Mobile  TV  services,  affecting  interoperability,  consumer 
friendliness,  and  costs  for  the  operators.  There  is  a  need  for  the  Member  States  and  the 
European Commission to reflect together in order to agree a spectrum policy that responds to 
the high level of coordination desired by consumers and industry. There is broad consensus 
among Member States on the benefits which could be achieved through such a pan-European 
approach. 

Taking  into  account  the  diversity  of  spectrum  needs,  a  key  challenge  at  this  stage  of  the 
innovation cycle is to ensure that the required types of radio spectrum resources can be made 
available without delay in as many European regions as possible. It is therefore essential that 
Member  States  ensure  that  spectrum  for  Mobile  TV  is  made  available  in  suitable  bands 
without delay.  

An  important  element  to  take  into  consideration  is  the  transition  to  digital  TV  in  Europe, 
which is already well advanced in certain Member States, and the turn-off of analogue TV by 
201220.  This  process  is  releasing  large  amounts  of  valuable  spectrum  (the  so-called  digital 
dividend).  A  coordinated  approach  to  the  attribution  of  this  spectrum  at  European  level  is 
essential  to  reap  the  benefits  of  switchover  and  to  allow  for  new,  innovative  services  to  be 
deployed across the Union. Mobile TV is one of the key candidate services to benefit from the 
digital  dividend21.  Obviously,  other  bands  are  also  to  be  considered,  as  well  as  issues  of 
timing and practicability. It will also be necessary to reflect on cross-border requirements. 

Spectrum  in  the  UHF  band  (470-862  MHz)  is  considered  the  most  suitable  spectrum  for 
mobile  multimedia  services  due  to  its  technical  characteristics.  It  also  provides  advantages 
due  to  the  compatibility  of  DVB-H  with  DVB-T.  However,  use  of  this  spectrum  is 
constrained by the diverging national policies regarding the digital dividend and by a lack of 
EU  coordination.  The  Commission  urges  the  Member  States  to  make  part  of  the  UHF 
spectrum  available  for  Mobile  TV  services  as  it  is  freed.  The  Commission's  services  have 
asked the Member States to assess the feasibility of earmarking a sub-band for mobile TV 
within  the  digital  dividend.  A  Commission  Communication  on  the  Digital  Dividend, 
planned for the end of 2007, will set out the Commission strategy for the use of the spectrum 
freed by the switch-off, in particular in the UHF Band. 

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In line with Article 12 of the Directive 2002/21/EC (Framework Directive). 
This  target  date  is  supported  by  the  Council;  however,  some  Member  States  foresee  a  later  date  for 
switch-off.  
As acknowledged during the informal meeting of Telecommunication Ministers of the EU organised by 
the Finnish Presidency in Brussels on 10 December 2006. 

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In addition, the Commission is already working with the Member States to ensure that at least 
some  harmonised  frequencies  are  made  available  to  allow  Mobile  TV  services  to  get 
started. The so called L-band (1452-1492 MHz), currently used in some Member States for 
digital  radio  based  on  DAB22,  can  constitute  a  fall-back  solution  in  several  markets  where 
there is no other spectrum available. The Commission has made proposals to open up the use 
of  this  band  in  order  to  accommodate  a  wider  range  of  technologies,  including  mobile 
multimedia services.  

3. 

AN INTEGRATED POLICY FOR MOBILE TV  

This  Communication  focuses  on  issues  related  to  the  EU  regulatory  framework  for 
e-Communications  (technology,  authorisation  regimes  and  spectrum  policy).  However, 
successful deployment and take up of Mobile TV depends crucially on other elements such as 
content availability. The proposed new directive on audiovisual media services is expected 
to  create  a  modernised  framework  also  for  Mobile  TV  content,  whether  broadcast  or 
on-demand. 

Another  key  challenge  is  to  offer  premium  Mobile  TV  content  on  a  flexible  basis  that 
transcends  platforms  and  borders,  while  ensuring  a  proper  remuneration  of  right  holders. 
Allowing  the  enjoyment  of  Mobile  TV  anytime,  anywhere  and  on  any  device  requires  an 
approach  and  policy  to  copyright,  which  might  include  notably  pan-European  rights 
licensing. 

A Commission Communication on content on-line, to be adopted in the course of 2007 and 
addressing some of these issues will also be of relevance for Mobile TV. 

4. 

NEXT STEPS 

Mobile TV is a new promising convergent platform and has the potential to play an important 
role  by  combining  the  telecommunications  and  the  audiovisual  worlds.  Convergence  lies  at 
the heart of the i2010 initiative, bringing to Europe new business opportunities, new jobs and 
new  consumer  services,  thereby  contributing  to  European  competitiveness  and  welfare.  The 
successful  introduction  and  take-up  of  Mobile  TV  in  the  EU  needs  the  support  and  active 
cooperation of all stakeholders. The main actions required are summarised hereafter.  

Member States are called upon to: 

•  facilitate the deployment of Mobile TV taking into account the need to ensure maximum 
interoperability.  This  would  include  encouraging  the  implementation  of  DVB-H  in  their 
territory; 

•  set in place a favourable regulatory environment for the provision of Mobile TV services 
and coordinate with each other in order to exchange best practice in authorisation regimes; 

•  make available spectrum for mobile broadcasting as quickly as possible, including in the 

UHF band as it becomes available. 

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Digital Audio Broadcasting. DAB is an important technology for digital radio. 

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Industry is invited to: 

•  work  towards  achieving  maximum  interoperability,  in  particular  by  promoting  consensus 

around a common open standard (DVB-H); 

•  contribute  to the  successful  take-up in Europe of Mobile TV, through sustained dialogue 

and cooperation as appropriate. 

The Commission will: 

•  promote  consensus  around  a  common  open  standard.  Specific  actions  would  include  the 
encouragement of industry dialogue and prepare the inclusion of DVB-H in the official list 
of standards of the EU; 

•  monitor  the  implementation  of  the  previous  step  by  the  Member  States  and  may  come 
forward with proposals in mid 2008 including, if necessary and appropriate, steps to make 
an open standard mandatory; 

•  provide  guidance  for  a  coherent  framework  for  authorisation  regimes  across  the  EU, 

identify best practices in the EU and promote their adoption by the Member States; 

•  identify  an  EU  strategy  for  the  "digital  dividend"  (UHF  band)  which  would  include  the 

provision of spectrum for mobile broadcasting services. 

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