The Independent Communications Authority of SA (ICASA) has set out its policy decisions on Internet Protocol television (IPTV) and video-on-demand (VOD), in a policy paper released last week.
Discussions started in February around where the two new forms of media distribution would fall in terms of regulation policy. Current policy dictates different rules for broadcasting services and for electronic communication services. IPTV and VOD fall in between the two.
IPTV involves the sending of television programmes across the Internet rather than over the airwaves. VOD is slightly different in that a user has to choose the programme and the time at which to view it. The user either accesses the programme on a remote server (“pull” or “true” VOD) or downloads it onto computer (“push” VOD) in order to watch it. Both make use of broadcasting and electronic communications.
ICASA's decision, after hearing oral and written submissions from stakeholders and interested parties, is that IPTV will fall under broadcasting, while VOD will fall under electronic communication services. ICASA was clear to state that public content services online (such as YouTube or the local Zoopy) do not fall under ICASA jurisdiction and, therefore, users do not require licences to upload content to these sites.
Definitions
Broadcasting has been defined as “uni-directional” in that the communication travels one way between sender and receiver, and “linear” in that the order of programming cannot be altered by the receiver. Some parties also stressed that this form of communication was “non-interactive”.
Electronic communications service (ECS), on the other hand, is interactive, non-linear and allows communication to travel in more than one direction.
According to ICASA, the categorisation of IPTV and VOD comes down to the primary features of the services. Even though there is some level of user interaction in the selecting of content for view on IPTV, it is primarily a one-way, linear, non-interactive service. VOD involves much further user interaction, as users can choose when and what to view. While the communication is still uni-directional, the service falls primarily under ECS, says ICASA.
Implications
Independent telecommunications analyst Richard Hurst says defining where IPTV and VOD fit in terms of policy marks a step in the right direction. However, it also means a whole new set of regulations will need to come into place. While IPTV broadcasters will no longer need to worry about spectrum to get licences, there will still be a bunch of red tape to deal with, especially since the two similar services will require different licences.
“It does, however, speak to convergence, which we have been hearing about for years,” says Hurst. “It will be interesting to see how the market reacts and the partnerships that form between content providers as a result of this.”
Adds Steven Ambrose, MD of WWW Strategy: “ICASA has tried to be technology neutral in its definitions, and for the most part the definitions they have adopted make sense and follow current leading practice. The challenge will be the definitions going forward, as the Internet inevitably evolves and the usage and systems and applications change. ICASA will have to revisit its definitions and stay on top of the rapidly evolving online video space.”
ICASA says in the policy paper: "The challenge that the authority faces is to ensure that the development and provision of new services in SA is not impeded by the regulatory framework that is in place: the licensing requirements must not be an insurmountable barrier to entry, which will have the effect of inhibiting the competition, and thus limiting the delivery and potential uptake of new and innovative services such as IPTV and VOD and other means of content delivery."
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