At the end of 2008, the Commission published a communication on mobile TV. This follows a first Communication of 18 July 2007 on the “Strengthening the Internal Market for Mobile TV". In the new Communication, the Commission provides guidelines for the authorization by NRAs of operators providing Mobile TV services. This includes (i) providing objective, transparent and non discriminatory award criteria including quality of the service conditions, (ii) establishing systematic public consultations, (iii) promoting one stop shopping, (iv) imposing must-offer rather than must carry obligations, (v) promoting network infrastructure sharing [In this regard, one may refer to the O2 decision of the TPI], (vi) favouring full interoperability through DVB-H and roaming, and (vii) sanctionning the failure to launch mobile TV within a reasonable timeframe by the withdrawal of the licence. As a general rule, the guidelines also favor an "integrated approach" based on a (possibly compulsory) cooperation between telecoms operators and broadcasters. It remains however silent as to how far this cooperation should take place (except that it must comply with competition law).
Finaly, one must remember that the TV without frontiers directive has already been revised in 2007 to apply to mobile broadcasting. The Directive , now called the "Audiovisual Media Services Directive" (AVMSD), must be transposed into national law by 19 December 2009 at the latest.
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