The Commission has published a report titled "Strengthening the Internal Market for Mobile TV" in which they want to impose the DVB-H standard as mandatory for all Member States of the European Union, standard which is patented and subject to a patent tax collected by the MPEG-LA:
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 standards  published in the Official Journal of the European Union . 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 delay . The Commission will continue 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 mandatory . 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.
 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.
 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.
What does the Commission means by open standards in this case? Open standards not implementable by Open Source?