Explanatory Memorandum to COM(2000)407 - Regulatory framework for radio spectrum policy in the EC - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2000)407 - Regulatory framework for radio spectrum policy in the EC. |
|---|---|
| source | COM(2000)407  |
| date | 12-07-2000 |
Contents
- Purpose
- Basis
- Coverage
- 2. Aims and objectives
- 3. Proposed remedies
- Balancing spectrum requirements of various sectors on the basis of comprehensive information
- A framework Decision rather than sector-specific measures
- Ensuring availability of information of use of spectrum
- Compulsory implementation rather than voluntary commitments
- Community positions rather than national positions for international negotiations
- 4. Description of proposed Articles
- Article 2 - Definitions
- Article 3 - Senior Official radio spectrum policy Group
- Article 4 - Function of the Senior Official Radio Spectrum Policy Group
- Article 5 - Committee
- Article 6 - Harmonisation measures
- Article 7 - Availability of information on spectrum allocation and assignment
- Article 8 - Relations with third countries and international organisations
- Article 9 - Notification
- Article 10 - Confidentiality
- Article 11 - Report
- Article 12 - Implementation
- Article 13 - Entry into force
- Article 14 - Addressees
This proposal for a Decision is intended to ensure the harmonised availability and efficient use of radio spectrum, where required to implement Community policies in areas such as communications, transport, broadcasting and Research and Development (R&D).
Better account should be taken within the institutional arrangements for radio spectrum management, both of the Community interests and of the needs of EU business and users. This is needed, taking into account that the extent to which radio spectrum is available, licensed and used has major policy implications for the introduction and provision in the Community of pan-European communications services, GALILEO (radionavigation by satellites), air traffic control, digital TV and radio and Earth observation services.
The proposal draws upon on the experience gained with Community Decisions in the areas of Satellite Personal Communications Services (S-PCS) and Universal Mobile Telecommunications System (UMTS). Under these Decisions, political agreement was established as regards the policy objectives to be achieved in these areas and legal provisions allow for the harmonisation of radio spectrum for these communications systems by the European Conference of Postal and Telecommunications administrations (CEPT) and ensure the implementation by the Member States of harmonisation measures adopted.
The public consultation on the Green Paper on radio spectrum policy in the Community showed support for addressing certain radio spectrum policy issues at Community level, to establish a framework in order to ensure the harmonised use of radio spectrum to implement Community policies, provided due account is given to the current institutional arrangements for radio spectrum management, and to safeguard Community interests at international level.
Currently, the harmonisation of the use of radio spectrum is achieved, at global level, in the International Telecommunication Union (ITU - 189 member countries) and its World Radiocommunications Conferences (WRC) and, at European level, in the CEPT (43 member countries). Taking the globalisation of radio markets into account, harmonisation at the highest level possible should allow for economies of scale (i.e. lower equipment costs) and pan-European and global availability of services (i.e. international roaming) since harmonisation efforts will reach beyond the Community borders.
The present proposal seeks to complement, rather than to replace, the spectrum management activities of ITU/WRC and CEPT and of the Member States. Spectrum management activities are of a highly technical nature and are best carried out as close to the market as possible (subsidiarity and proportionality). It is necessary, however, to complement the spectrum management activities with policy discussions on the need to achieve common objectives with regard to the harmonisation of the use of radio spectrum in relevant areas. Where harmonisation is required, legal certainty and appropriate procedures are also necessary for the granting of mandates to the CEPT in order to develop spectrum harmonisation measures for Europe and corresponding proposals for ITU/WRC. Legal certainty is also required to ensure implementation by Member States of agreed harmonisation measures.
Economic, technological and regulatory developments in the area of radiocommunications have led to a sharp increase in demand for spectrum, particularly by the communications sector where spectrum is needed to establish the Information Society. Several Community measures have been adopted in order to ensure spectrum availability for the communications sector.
To date, the radio spectrum requirements of other Community policies (such as: terrestrial and satellite TV and radio broadcasting; road-, rail-, air- and maritime transport; positioning, navigation and precision timing; Earth observation; and radio astronomy) have not been addressed in Community legislation. The present proposal seeks to establish the political and legal basis necessary to ensure that radio spectrum is and will be available to implement Community policies in all these areas.
The aim of the present proposal is to establish a policy and legal framework in the Community through which the harmonisation of the use of the radio spectrum in the policy areas of communications, broadcasting, transport and R&D relevant to Community policy objectives can be achieved while taking full advantage of the experience and expertise in the CEPT and ITU/WRC.
The main objectives of the proposal are to:
set into place a policy platform which is responsive to technological, market and regulatory developments in the area of radiocommunications and which appropriately allows for consultation of all relevant radio spectrum user communities. This policy platform, to be called Senior Official Spectrum Policy Group, comprising representatives of Member States, should advise the Commission on the need to harmonise the use of the radio spectrum in relevant Community policy areas. In addition to spectrum allocation matters, the policy platform will be invited to exchange views on radio spectrum assignment matters, i.e. how spectrum is best distributed within and across different user communities and countries;
establish a legal framework for harmonisation of spectrum where necessary; this will allow the Commission to grant mandates to the CEPT with the assistance of a Spectrum Committee on the basis of the advise from the policy platform and, where required, to legally ensure the implementation of the solutions worked out by CEPT in response to the Commission mandates ;
ensure coordinated and timely provision of information on radio spectrum use and availability in the EC;
ensure that appropriate Community and European positions are developed in view of international negotiations relating to spectrum (e.g. ITU/WRC) where issues at stake are covered by Community policies.
Addressing policy issues in the Community context rather than in third bodies
The proper implementation of Community policies which require radio spectrum may be put at risk if spectrum availability has not been fully considered. This cannot be decided at a technical level or in entities which are external to the Community such as CEPT or ITU/WRC. Spectrum requirements and availability issues should be settled where Community policy agreements are reached so that harmonised spectrum is available for Community policies.
The present proposal intends to ensure that radio spectrum requirements for Community policies are duly taken into account.
With the number of claims for the use of radio spectrum increasing, the potential for conflicts arises where spectrum is scarce. Currently, no policy platform exists where the requirements of the various policies can be appropriately discussed and balanced on the basis of comprehensive economic, technological and social data. Certain commercial spectrum user communities seek to ensure spectrum availability within the mainly technical bodies of CEPT and ITU/WRC, at times at the expense of non-commercial user communities, which are represented to a lesser extent in these bodies. This situation requires public policy Decisions in order to allow a proper balance of requirements where commercial and non-commercial interests compete for access to and use of the same portion of spectrum.
The proposal seeks to ensure that spectrum requirements of the various Community policies are appropriately balanced so that justified choices can be made with regard to the distribution of the scarce resource.
Where required, the use of spectrum for Community policies can be and has been harmonised on the basis of particular decisions specific to each individual sector. This has a number of draw-backs, however, the most important one being the heavy and lengthy institutional procedure involved which risks to delay the introduction of new technologies and services. This proposal for a Decision aims at reaching an agreement on general objectives to be achieved, i.e. harmonisation of the use of radio spectrum, and on the applicable procedures which would be applicable to all Community policy areas involved.
The present proposal would ensure that the use of radio spectrum is harmonised according to agreed procedures.
Availability of information on spectrum use will be a critical factor in the work of the Senior Official Spectrum Policy Group to determine where harmonisation of the use of the radio spectrum is required.
Essential information should therefore be provided by Member States on the use of radio spectrum pursuant to a common Community format.
Taking into account the international trade obligations of the European Union and its Member States, and in order to have effect, measures aimed at the harmonised use of radio spectrum should be appropriately implemented. Currently, this aim is only partly met through CEPT measures, which its 43 member countries, including the Member States, are invited to implement on a voluntary basis. This situation does not provide potential investors with sufficient certainty. Where Member States agree on the need to harmonise the use of radio spectrum for a particular purpose, they should also take the necessary steps to implement such agreement in accordance with the provisions of the Decision.
Where policy agreement is reached to harmonise the use of radio spectrum necessary to implement relevant Community policies, legal provisions should ensure the appropriate implementation of measures by the Member States.
Decisions on radio spectrum availability impact on trade and the European Union and its Member States have taken a number of commitments in the WTO as regards spectrum policy. On spectrum management issues which are within the exclusive competence of the Community, the Community alone is able to enter into external commitments in the framework of international fora in charge of spectrum management such as the International Telecommunications Union, in which framework the Commission is authorised to negotiate.
Despite its role in trade matters, the Community is not directly involved in international spectrum management negotiations. As a consequence, the positions of Member States with regard to spectrum availability are not systematically coordinated for international negotiations. The Community should make sure to adopt common positions in advance of such negotiations with regard to the objectives to be achieved. If it is not possible for the Community under the rules of such international fora to put forward the Community position, the Presidency of the Council should put forward the same.
The proposal seeks to ensure that, where required, common Community positions are agreed upon for international negotiations where radio spectrum is discussed in order to safeguard Community interests in the international arena.
Article 1 - Purpose
Article 1 describes the purposes of the decision ; this decision applies to all uses of spectrum - and not only communications - and aims at creating a policy and regulatory framework so as to ensure the harmonised availability and efficient use of radio spectrum where required to implement Community policies, and to strike a balance between the various types of spectrum uses affecting Community policies. At the same time, it is to ensure the coordinated and timely provision of information on radio spectrum use and availability in the Community, and the safeguard of Community interest at international level where radio spectrum use affects Community policies.
Article 2 provides for the definition of radio spectrum, as well as allocation and assignment of spectrum.
Article 3 creates the Senior Official Radio Spectrum Policy Group which comprises representatives of Member States and which may consult spectrum users communities.
Article 4 defines the function of the Group which is to contribute to the elaboration of a general cross-sectoral spectrum policy in view of the fulfilment of Community policy objectives.
Article 5 creates, as part of the establishment of a regulatory framework for the harmonisation of spectrum, a Radio Spectrum Committee to assist the Commission. It defines the regulatory and advisory procedures of the Committee.
Article 6 describes the regulatory framework which will ensure the effective implementation of harmonisation measures in the Community taking account of the general policy orientations of the Group. This includes the possibility for the Commission to grant harmonisation mandates to the CEPT and to make the results of such mandates obligatory for the Member States or to take alternative measures where CEPT does not deliver.
Article 7 requires Member States to make available information on the availability and use of spectrum on their territory. The Annex to the Decision further describes such information. Harmonisation of the presentation of such information will also be required.
Article 8 spells out the responsibilities of the Commission and the Member States with regard to relations with third countries and international organisations where spectrum policies and issues are being discussed as the main issue or as a part of wider negotiations. Where necessary, Member States are required to coordinate their positions in international negotiations to reach the objectives pursued under the Decision.
Article 9 requires Member States to provide the Commission with any information required for the verification of the implementation of their obligations under the Decision.
Article 10 imposes confidentiality obligations in certain cases.
Article 11 requires the Commission to annually report to the Council and the European Parliament on the implementation of the Decision.
Article 12 requires Member States to take all measures necessary to implement their obligations under the Decision.
Article 13 regulates the entry into force of the Decision.
Article 14 determines that the addressees of the Decision are the Member States.
(presented by the Commission)