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© Wiggin LLP. All rights reserved
CANOLFAN MATERION CYFREITHIOL CYMREIG: YR 8FED DDARLITH
FLYNYDDOL
Jason Chess, Partner, Wiggin LLP
© Wiggin LLP. All rights reserved
Tonight
A. THE ESSENTIAL BACKGROUND: DIGITISATION and CONVERGENCE – the transformation of the media industry
B. BROADCASTING IN WALES – Current provision
C. THE FUTURE – Will the cataclysm of change in the media allow Wales to retain a media personality in either language?
© Wiggin LLP. All rights reserved
• Born Porthcawl, educated Porthcawl Comprehensive School and
University College, Oxford
• Read English (MA 1986) and Mediaeval Languages (MPhil, 1990)
• Specialised in the religious verse of the Gogynfeirdd and the
palaeography and transmission of Celtic manuscripts to Saxon Wessex.
• Partner at No. 1 specialist media law firm Wiggin LLP. Advise a range
of media clients including ITV, Channel 4, Five, BT, S4C, Granada,
Virgin Media, UKTV, Discovery, Al Jazeera (Arabic and English), HBO,
Setanta, Emap Plc, Conde Nast, Hearst Corp.
• Recent work = BBC/ITV/C4 Public Service VOD JV announced this week.
• Negotiated and established Astra 2A digital satellite transmission chain
for S4C in 1998
Who Am I?
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Come on the journey…
Lle’r ei di Twn Pen CeunantLle’r ei di ar draws y bydA’r Sioned bron a holltiA’i hwyliau’n garpiau gyd?
Yn ol i’r FelinheliRwy’n mynd co bach, ho,ho,Ym morio am fy mywydSaith mis o Callao…
Where go you, Twn Pen Ceunant
Where go you across the seasAnd the Sioned almost brokenSails ragged in the breeze?
Back to FelinheliI’m going, my lad, ho, hoSailing like a maniacSeven months from Callao
Ynys yr Hud, (W.J. Gruffydd); Euryn Ogwen Williams: “Byw ynghanol chwyldro”, Darlith Cymru Heddiw, Eisteddfod Genedlaethol Bro Ogwr, 1998
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Part One: What is “the Media” and why is it changing at present??
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AnalogueTerrestrialTelevision
1982: Analogue Television Broadcasting
• BBC 1• BBC2• ITV• Channel 4/S4C
Television
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Analogue Terrestrial Television
BT DistributionNetwork
1154 TransmitterSites
Production
What is ATT?
•Broadcast from 1154 sites UK Wide• 211 sites in Wales – Moel-y-Parc, Wenvoe
•4 or 5 television services with ‘universal coverage’
•Wasteful of capacity•Only able to broadcast a small number of national channels
•DSO process to be completed in 2012
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Analogue SatelliteTelevision
AnalogueTerrestrialTelevision
Television
Broadcasting Platforms 1990
AnalogueCableTelevision
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Cable TelevisionEnc1
Enc2 MUX
Local Node(HFC)
What is Cable Television?
•2 UK operators – ntl and Telewest – now merged into Virgin Media
•Limited geographic availability•Virgin – Cardiff and Swansea•A closed network requiring subscription•Provides digital video and audio•Provides NVOD / VOD, internet access & telephony
•Every television requires an STB•Requires installation of a coax feed to the home
ATM Distribution Network
ATM Distribution Network
Cable link to the home
Content “on-demand” servers
Real Time TV services QAMModulator
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© Wiggin LLP. All rights reserved
Direct to Home Satellite Television
What is Direct to HomeSatellite Television?
•Sky platform dominant in the UK•Provides access to 600+ channels: slots on the electronic programme guide (“EPG”) have just run out
•Provides NVOD services (“near video on demand”)
•Provides PPV services (“pay-per-view”)•Provides interactive services via Open TV and WML
•Provides PVR functionality via Sky+•Requires a set-top-box•ITV and BBC to launch a ‘Freesat’ alternative service
Services uplinked to Satellites
Services downlinked viareceive satellite dish
and fed in to STB
Enc1
Enc2 MUX
Content “on demand” servers
QPSKModulator
Real Time TV services
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© Wiggin LLP. All rights reserved
Television
1998: Digitisation and Digital Broadcasting
“Terrestrial Television”
Analogue andDigital:
Cable TV:Analogue and Digital
Digital Satellite
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Digital Terrestrial Television
Enc1
Enc2
Enc3
MUX
Enc1
Enc2 MUX
Regional (RPOC) and National (NPOC) Multiplexing Systems
BT DistributionNetwork
80 TransmitterSites
Real Time TV services
What is DTT?
•6 Multiplexes of 24.1Mbit/s•Up to 10 services in a multiplex•High quality video and audio•‘interactivity’ via MHEG-5•NB no return path•Mix of free-to-air services and Pay-tv
•Currently limited core coverage from 80 transmitter sites UK Wide
•9 sites - Wales•Reception can be patchy•At DSO, core coverage of PSB multiplexes expected to reach 98%
•Further capacity possible, subject to Ofcom and RRC06
COFDMModulator
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Analogue…Digital
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Satellite
Terrestrial(Analogue & Digital)
Content Distribution Platforms 2002
DSL (IPTV)
Cable
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DSL (IPTV)
What is IPTV?
•Direct to consumer service, offering:•Broadcast television•Video on demand•Deliver over a closed IP network•Offering a high QOS•Fixed wire delivery, currently DSL in the UK (Homechoice in London and Kingston in Hull)•“Soft Launch” of BT Vision
‘Internet’(Usually dedicated ATM circuits)
‘Internet’(Usually dedicated ATM circuits)
Local Loop(twisted pair) to the home
Local BT exchange(DSLAM)
Real Time TV Services
Enc1
Enc2 MUX
Content “on demand” servers
IP Encapsulator
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CATV
DSL(IPTV)
Satellite
Terrestrial
Television
PC
MobilePhones (3G)
Content Distribution Platforms 2004
Mobile Phone(3G)
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Mobile Telephony (3G)
3G Distribution Network
3G Distribution Network
What is Mobile Telephony (3G)?
•Direct to consumer service carried in-band over 3G mobile telephone networks, offering:•Recorded video-clips•Could provide ‘mobisodes’•Video messaging between handsets•Content can be FTV or pay-tv
3G cellular transceiver network
3G handset
ContentServer
MPEG4 Encoded Content
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Mobile Telephony(3G)
DSL (IPTV)
Satellite
Terrestrial
Internet
TV
PC
Mobile Phone (3G)
MediaPlayers
2007: The Modern Media
Mobile TV devices (DVB-H and T-DMB)
Mobile Television(DVB-Hand T-DMB)
Cable
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Internet
WMServer
Windows Media Player Client
Live Content
Windows Media Encoded Content
Real Time Encoder
StreamingServer
InternetInternet
ISP Connection
What is Internet Delivery?
•Delivery of content encoded using e.g. Windows Media or Real Networks.
•Usually Unicasting•TCP/IP based delivery•Viewed on a PC with a client application
•Can be accessed from various terminals and various connectivity (e.g. PC, handheld, 3G mobile phones)
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Mobile Television (DVB-H)
Distribution Network
Distribution Network
What is DVB-H?
•Delivery of live television programming to mobile devices via DVB-H transmissions•Cellular transmission network likely•Single Frequency Network topography likely•Frequency availability and licensing framework not yet decided.•Capacity subject to post-DSO frequency plan and RRC06 decisions.•Ability to receive high quality digital pictures and sound•Whilst on the move (cell roaming)•O2, Nokia & Arqiva trialled a DVB-H network in Oxford.
DVB-H Transmitter Network
DVB-H Equipped receiver
Enc1
Enc2
Enc3
MUX
Real Time TV services
DVB-HModulator
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The Media Platforms: How do they sell content and how can
users access content?
Modern Media Platforms : How do they work?
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Analogue TerrestrialTelevision
TV
Analogue Terrestrial Television Business Model : 1982
“Free to Air”
or “FTA”
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AnalogueCable TV
AnalogueSatelliteTV
AnalogueTelevision
TV
Free to Air
Basic Pay-TV
Packages
Premium Packages (Sports, Films/ Adult)
Broadcasting Platforms Business Models: 1990
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Digital Satellite
Analogue andDigital CableTV
TV
Free to Air
Basic Packages and Themed Packages (“music” package; “family” package)Premium Packages
(Sport/Films/Adult)
“Pay-Per-View” or PPV
Digital and AnalogueTerrestrial Television
Broadcasting Platforms Business Models: 1998
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Cable
DSL(IPTV)
Satellite
Digital andAnalogueTerrestrial
TV
PC
Mobile Phone (3G)
Free to Air
Basic and Themed Packages
Premium Packages (sport, films)
Pay-Per-View
Pay-Per-Day/Week/Month
Broadcasting Platforms: Business Models 2002
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TV
PC
Mobile Phone (3G)
Free to Air
Basic and themed Pay-Packages
Premium Pay-Packages (Film, Sport)
Pay-Per-View
Pay-Per Day/Week/Month
Video-On-Demand
Mobile Receiver
Media Business Models 2007 onwards
Mobile TV receivingdevice (DVB-H)
Mobile Phone(3G)
Cable
DSL (IPTV)
Satellite
Terrestrial
Internet
Mobile TV(DVB-H & T-DMB)
DVB-H & T-DMB
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What More?
• BBC iMP• BBC Local• ITV Local• Sky & Easynet / Sky
VOD• Sky HD• BBC HD• PVRs• iTunes• Google Video
• BT Vision
• Virgin & Nokia DVB – H
• MobiTV
• Vodafone/Sky/
Orange/3
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For example….
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Mobile – 3G handsets
Nokia 6630
Sony EricssonV600i
Apple iphone(2.5G)
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© Wiggin LLP. All rights reserved
• Improved picture quality• Sky and BBC HD plans• BBC, ITV, C4 & Five MOU• Al Jazeera English language service
acquired global 15 mb p/s satellite feed
• HD simulcast of S4C?
High Definition
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© Wiggin LLP. All rights reserved
Portable Devices
Sony’s Play Station Portable (Sony PSP)
Microsoft Mobile Media CentersSamsung a Creative
PVR2G0 Pace
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PVR
Allows preferred content to be Identified and recorded
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BBCiPlayer
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"Our ambition is not to become a major production company. Our ambition is to be a major distribution company, a major platform,"
Terry SemelYahoo!
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Wales…
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“The challenge will be to innovate and compete, with relatively limited
resources……”
E.B. Hughes
The S4C Authority seeks to rise to the challenge of the beginning of this new digital era. This is truly a crossroads….
(Yr Athro Elan Closs Stephens)
Welsh Broadcasting: Where are we on the journey?
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Why do we need “public” television anyway? • There are 400 channels on Sky…something for
everyone…why interfere…why tax?• There are several pressing reasons why society
needs to control the media
different viewpoints reflect and encourage democracy and tolerance
PLURALITY
increase our understanding of our society and the world including arts, science, history
INFORMATION
to reflect and strengthen our British and regional – Welsh, Irish, Scottish identity
CULTURE
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ROYAL CHARTER & DCMS Agreeme
nt
BROADCASTING
ACTS
S4C2
ContentSupply
UK Channel 3
Franchises
Five
BROADCASTING
ACTS
FIVE
BROADCASTING
ACTS
Wales
Commercial company
Channel 4
4
Wales programming
obligations
Don’t care about Wales
© Wiggin LLP. All rights reserved
Wales: Status Quo
BBC WALES
“Wholly or primarily in Welsh”
C4
FIVE
S4C
HTV
C4
FIVE
S4C2
English LanguageWelsh – orientated
content
Regional Programming
obligations
Independent
Producers
Content
supply
Daytime
analogue
content
Content
supply
© Wiggin LLP. All rights reserved
Wales: Finance Models
LICENCE
FEE
DIRECT
DCMS
GRANT
£90m?
AD
SALES
£4m?
Advertising/
Sponsorship/
interactive revenues
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Ed Richards, OFCOM
•High quality
•Innovative
•Challenging
•Original
•Widely available
•Diverse
in sufficient quantity?
PSB
Programmes
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© Wiggin LLP. All rights reserved
© Wiggin LLP. All rights reserved
Devolution & Broadcasting Commission in Scotland
“Broadcasting has a crucial and central role in our democracy, but also in
obtaining the full cultural and economic benefits of our creative
industries”
Alex Salmond8th August 2007
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Chris Bryant, MP
S4C & BBC
Not enough
spectrum for BBC2 content
S4C BUDGET
Should remain bilingual for the “whole of
Wales”
Sporting fixtures should have English
AND Welsh commentary
Devolved to Assembly in Cardiff…along with
rest of Welsh language policy
•News = 5.5 hours per week –287 hours p.a
•Current Affairs = 47 minutes per week – 41 hours p.a
•Other Regional = 13 minutes per week – 167 hours p.a
Retain as a
MINIMUM
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ANALOGUE SWITCH
OFF
Wales…pressure points and challenges
threat to viewer
numbers if C4 content declines
loss of C4 analogue content to S4C
political attacks:
Somalis in Cardiff more
important
BBC CUTSloss of
regional focus?
Financial pressures:
Quality and diversity under pressure
salami
slicing?
ITVloss of
regional focus?
Need to compete against all Sky and Freeview channels without analogue
audience
Regional content
uneconomic
WELSH
VIEWERS
Welsh/regional
content needs to compete harder for audience
share
Keen consumers of digital TV…not
necessarily “loyal” to Welsh or even regional
English output
Need for more
investment in content;
better content very
popular
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S4C
OPTION 1 (Status Quo
& BBC linkup)
Pretty well achieved
NO: Corrodes plurality, focus and associated
benefits
- “publisher” already
- nourishes TV production
- multi-platform
- new BBC relationship: £72m p.a
- new brand
- new demographics
OPTION 2 (amalgamate with BBC)
OPTION 3 (PSP)
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-English C4 available to everyone in Wales-S4C will lose C4 English–speaking viewers
-S4C funding has fallen behind broadcast industry costs-S4C will lose commercial income
- IMP- ITV local- BBC local-Ofcom’s Local TV Proposals
all year-round pattern of broadcasting,
coupled with events and landmark programming
- consolidate peak hours upturn
- consolidate approval of Welsh
speakers- strengthen symbiosis with larger, consolidated indies
- act as tendering agency to head off PSP issue
inflexibility
• Disappearance of analogue channel
• funding
• Challenge of local TV
• Programming
• Communications Act 2003
S4C: Challenges
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DSAT
DTT
CATV
IPTV
DSL
3G
DVB-H
• main “flagship” multichannel television package
• Interactive ancillary services
• Retransmission of DSAT feeds
• Retransmission of DSAT feeds
• opportunity for content reversion for broadband ADSL as well as linear transmission
• “S4C Broadband”
• opportunity for reversioned online content: “S4C Broadband”
• Internet presence: not expensive
•“S4C mobile” service: reversioned news, snippets, music, gossip, sport
• proper “TV to Mobile” opportunity for S4C brand = the longer term
Linear content&
interactivity
Linear content&
interactivity
Linear content & possible future
interactivity
BroadbandNon-linear
Broadbandnon-linear
Limitationsquestions re churn
T-DMB • Proper “TV to Mobile” opportunity for S4C = the short term
S4C2
S4CD S4C
S4C2
multichannelstrategy
We believe that a mixed approach, combining linear television and digital media, is essential…”
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Sianel Blant S4C
S4C Multichannel
“It was put to us forcibly, that if the young watch mainly English language programmes, the decline of the Welsh language will continue…”
(the Crawford Committee Report into Welsh Language Broadcasting, 1974)
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S4C DTT challenges• 1996 Act gifted S4C half a digital multiplex…approx 4/5 channels’
worth
• 2002 – after collapse of ITV digital, Mux B was awarded to BBC Free to View Limited: BBC services have universal carriage requirement…trumped Mux A as a PSB mux
• S4C & Five claim to be third “universal” Mux was undermined & diminished value to S4C as universal PSB
• S4CD to be transmitted on Mux 2 with TG4 & Gaelic service: fine, universal coverage for the main feed, but…
• What about universal coverage of S4C2? Only 8-10 transmitter sites perhaps 70/80% coverage as opposed to 211 sites for S4CD
• Potential childrens’ channel limited to 70/80%…Welsh Assembly limited to 70/80% coverage?
• OFCOM consultation….S4CD to be universal in Wales but query S4C multichannel strategy with only 70/80% coverage…?
• Platform neutrality issues
• Effective reduction in S4C digital settlement
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Wales…Conclusions
Universal coverage multichannel platform in Wales + regular review of corporate governance/best practice
Welsh interests to be protected by robust corporate governance
Regional obligations to remain post ASO/DSO
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Jason ChessPartner
Wiggin LLP
01242-63122607785-111439