Portability: achieving a workable solution for broadcasters and consumers

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Initially published by the Commission on 9 December 2015, the ACT is supportive of providing consumers with cross-border portability (subject to the appropriate safeguards) and represents the main actors who will be key in delivering this objective. In its current form the proposal lacks clarity in certain key areas and these imprecisions are a source of legal risk and operational uncertainty requiring urgent resolution. Absent this, ACT companies will not be in a position to deliver portability when the Proposal enters into force. These challenges are compounded by the very short – six month – duration of the transition period within which businesses will have to implement any necessary changes.

Main points ACT members ask for are the following:

  1. Temporary presence: “Temporarily present” means a transitory presence of a subscriber in a Member State other than the Member State of residence
  2. Verification & Level playing field: (i)Obligation: Impose verification on AV service providers; (ii)Means: Add an article with a closed list of effective and reasonable means of verification; (iii)Compliance: RH play active role in ensuring compliance of their licensees
  3. Member State of Residence: Reword Article 2 (c) definition of Member State of Residence as the place where « the subscriber has his or her actual and stable residence to which he or she returns to regularly after visiting other places  »
  4. Scope of application: Make portability explicitly optional for free services
  5. Range of devices: Exception for MSPs required to ensure they sign up to obligations they have the power to deliver on
  6. Contracts under EU law: Need to make explicit the primacy of the Regulation over contracts subject to non-EU jurisdiction
  7. Workable transition: Extend transition period    
                                                         For the full position paper, please open the attachment. **** ENDS ****PRESS CONTACT:Gregoire Polad | ACT Director GeneralT: +32 2 736 00 52 | E: gp@acte.be