Explanatory Memorandum to COM(2015)234 - EU position in the International Telecommunication Union (ITU) World Radiocommunication Conference 2015 (WRC-15)

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dossier COM(2015)234 - EU position in the International Telecommunication Union (ITU) World Radiocommunication Conference 2015 (WRC-15).
source COM(2015)234 EN
date 29-05-2015


1. CONTEXT OF THE PROPOSAL

The World Radiocommunication Conference (WRC) is the venue for revising the Radio Regulations (RR) that codify cross-border aspects of the use of the radio spectrum, in particular by determining which radio services are allocated to specific spectrum bands. Each WRC only considers a limited subset of the Radio Regulations, setting out the spectrum bands to be discussed and the scope of the possible outcomes based on an agenda decided at the previous WRC. The next conference will take place in Geneva from 2 to 27 November 2015. Following several years of preparatory work, it will conclude with the adoption of modifications to the International Telecommunication Union (ITU) Radio Regulations.

All EU Member States are members of the ITU and play an active part in adapting the Radio Regulations. The European Union is a ‘Sector Member’, a status similar to industry organisations. A common approach to spectrum planning on national territories means that, in practice, the RR can have a significant influence on spectrum use, even in purely domestic situations.

A strategic and coherent EU spectrum policy is a key element of a modern information society and helps facilitate a wide range of policy objectives; the European Parliament and the Council have recognised the importance of radio spectrum in particular in Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services1 (hereinafter the Framework Directive) and in Decision 243/2012/EU on establishing a multiannual Radio Spectrum Policy Programme to frame the development of spectrum policy2 within the European Union. The Framework Directive3 makes specific reference to the Radio Regulations, which Member States are required to respect. In addition, the Radio Spectrum Decision 676/2002/EC requires that activities undertaken under that Decision take due account of the work in the ITU.

It is therefore essential that decisions made at WRC-15 enable the Union to exercise its internal competence to implement the internal market and to develop appropriate policies. In that context, it is necessary for the Union to ensure that its interests are promoted and protected during the WRC negotiations.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The European Conference of Postal and Telecommunications Administrations (CEPT) has been preparing the substance of the negotiations for WRC-15 since 2012. All meetings of the CEPT were open to interested stakeholders. In addition, two joint workshops were held by the Commission and the CEPT (10 December 2013 and 14 April 2015), during which the preliminary European policy objectives were presented together with the state of play within the CEPT. The Radio Spectrum Policy Group's Opinion on the European policy objectives was given on 19 February 2015, following a public consultation.

3. LEGAL ELEMENTS OF THE PROPOSAL

The ITU is the UN agency responsible for supporting the development of telecommunications at global level. All EU Member States are members of the ITU. ITU-R, the arm of ITU that deals with radiocommunications and other uses of the radio spectrum has the task of effecting, on the one hand, “allocation of bands of the radio-frequency spectrum, the allotment of radio frequencies" and on the other hand, "the registration of radiofrequency assignments and, for space services, of any associated orbital position in the geostationary-satellite orbit or of any associated characteristics of satellites in other orbits, in order to avoid harmful interference between radio stations of different countries4”.

The instrument for managing the first part of this role is the Radio Regulations, considered as an international treaty, which are revised at each World Radiocommunications Conference. Radio Regulations do not prescribe specific spectrum usages inside the borders of individual ITU members. However, as they regulate spectrum usage in such a way as to avoid cross-border interference and determine the types of communications which get priority, RR have a wide-ranging influence on spectrum use within each ITU member and as a consequence in the Union as a whole. Most of the WRC15 agenda items will involve a change of use of a specific spectrum band or bands; while focused in scope, they will require a negotiated outcome, with the need for trade-offs.

Revisions to the Radio Regulations shall apply provisionally in respect of any Party that has signed the revision5.Parties shall, in any event, be deemed to have consented to be bound by the revision thirty-six months following the date of entry into force of the revision6.The revision of the Radio Regulations at WRC-15 will thus give rise to an act having legal effect within the meaning of Article 218(9) TFEU. Therefore positions to be adopted on the Union's behalf may need to be established.

ITU rules may affect or alter the scope of EU common rules and policies in several ways. Pursuant to Article 9(1), second paragraph, of the Framework Directive, Member States ‘shall respect relevant international agreements, including the ITU Radio Regulations’ when applying Article 9, which relates to the management of radio frequencies for electronic communications services. A modification of the ITU Radio Regulations therefore has the potential to affect Article 9 or alter its scope.

With regard to Radio Spectrum in particular, Article 10 of Decision 243/2012/EU stipulates that in international negotiations relating to spectrum matters "if the subject matter of the international negotiations falls within the competence of the Union, the Union position shall be established in accordance with Union law".

Furthermore a number of technical harmonisation decisions have also been adopted by the Commission under the Radio Spectrum Decision (676/2002/EC) to ensure the availability and efficient use of radio spectrum in the Union. Such decisions have been adopted in cooperation with the Member States acting in the Radio Spectrum Committee and on the basis of technical assistance from the CEPT.

Examination of the agenda items on the WRC-15 shows that three agenda items may directly affect common rules or alter their scope as they are covered by EU law or subject to a concrete regulatory process underway. Two of the items concern electronic communications services and are directly linked to the EU efforts to provide connectivity to our citizens. The third concerns automotive safety:

- item 1.1 concerning spectrum for International Mobile Telecommunications (IMT), which corresponds to mobile broadband under EU regulation. Of relevance to this item is the provision in the Radio Spectrum Policy Programme to identify at least 1200 MHz for wireless broadband in the EU. Regarding the relevant bands, there is also Decision 2008/411/EC harmonising 3400-3800 MHz for wireless broadband, Decision 2015/750/EU regarding the harmonisation of 1452-1492 MHz for downlink broadband, Decision 2008/671/EC harmonising the band 5875-5905 MHz for intelligent transport systems and an ongoing mandate to the CEPT regarding using radio local area networks in the bands 5350-5470 MHz and 5725-5925 MHz,

- item 1.2, setting the parameters for the use of the 700 MHz band for IMT. At WRC-12, this band was allocated on a co-primary basis to mobile services in addition to the existing broadcasting allocation with effect from WRC-15. Regarding this band there is a mandate issued to the CEPT to develop harmonised technical conditions for the use of spectrum in the band 694-790 MHz by wireless broadband. As signalled by the Commission, as much flexibility as possible in the decisions taken at the ITU is necessary to enable the Council and Parliament to decide on the future use of the band, and

- item 1.18 regarding automotive anti-collision radars in the band 77.5-78 GHz. Such radars are already harmonised in the EU under Decision 2004/545/EC, which enables the use of the whole band 77-81 GHz by automotive short-range radars.

The other WRC 15 agenda items are the subject of an opinion of the Radio Spectrum Policy Group, which the Commission shares as to its substantive spectrum policy aspects.

Some of these agenda items are linked to EU policies, such as transport policy (Agenda Items 1.5, 1.7, 1.8, 1.15, 1.16 and the new agenda item on inflight tracking), space policy (Agenda Items 1.5, 1.7, 1.8, 1.11, 1.12, 1.16 and 1.17), combating climate change and earth monitoring (Agenda Items 1.5, 1.12, 1.17 but also 1.1), or industrial policy and economic growth (Agenda Items 1.16 1.17). As can be seen from this overview, there can be multiple Union policy interests involved. Negotiations at the WRC-15 may produce results which could affect directly or indirectly the application of existing Union law or its foreseeable development. Therefore, the Union position on these agenda items should be safeguarded by ensuring that the negotiations respect existing requirements of Union law and do not bear any prejudice to its foreseeable further development.

Agenda Item 1.3. The WRC-12 established this agenda item as an attempt to harmonise the spectrum used by public services to deliver public protection and disaster relief (PPDR). This would be a massive undertaking given the baseline situation of extremely fragmented spectrum use, even within Europe. At the worldwide level, a modest approach is more realistic. The relevant information should be provided to the ITU on regional Public Protection and Disaster Relief frequency ranges, with no obligation on the use of a specific technology and/or specific frequency band.

Agenda Item 1.5. This item concerns how to insert remotely piloted aircraft systems (RPAS) into non-segregated airspace, i.e. where normal air traffic control rules apply. This is necessary to enable these systems to be used efficiently for civilian purposes. These can include uses such as search and rescue and border patrol over the Mediterranean, identifying the extent of forest fires, when flying manned aircraft is too risky, delivering supplies in difficult terrain and establishing the effects of climate change, The use of the bands allocated to the fixed-satellite service for the control communications of unmanned aerial systems should be supported in principle, whilst ensuring compatibility with other services having allocations in those bands, not compromising the current coordination and notification procedure of other satellite networks in the band and meeting the ICAO requirements to ensure flight safety.

Agenda Item 1.7. (ECS) Originally this band was intended as an extension band for microwave landing systems for aircraft. There has however been no need for using this band by the aeronautical sector and the proposal is to remove previous requirements to phase out mobile satellite use in the band. The removal of regulatory constraints to the fixed satellite service (earth-to-space) in the band 5091-5150 MHz should be supported.

Agenda Item 1.8. More flexibility to operation of earth stations on board vessels in the band 5925-6425 MHz and the band 14-14.5 GHz should be supported, while continuing to protect other services in the same bands. Relaxing the requirements can support the European space and maritime industries.

Agenda Item 1.11. This allocation is intended for tracking telemetry and control of satellites and is of considerable interest for the development of space policy. The requested allocation for the earth exploration satellite service (earth-to-space) within the band 7-8 GHz should be supported, while ensuring the adequate protection of the existing radiocommunication services in the band.

Agenda Item 1.12. This item supports the development of next-generation earth exploration satellite systems and will complement the Copernicus programme. The primary allocation to the earth exploration service in the bands 9200-9300 MHz and 9900-10400 MHz should be supported with the proviso that this extension shall only be used for systems that need a bandwidth greater than 600 MHz.

Agenda Items 1.15 and 1.16. This item will alleviate congestion in on-board communications in ports and introduce a new safety system. It concerns both maritime policy and space policy. Modifications necessary to enable improvements in favour of on board communications stations and the development of the VHF Data Exchange System used by the maritime sector, should be supported.

Agenda Item 1.17. A globally harmonised solution in the 4200-4400 MHz band for Wireless Avionics Intra-Communications should be supported, while ensuring the protection of existing aeronautical radionavigation systems operating in the band. A successful outcome has the potential to substantially lower the weight of aircraft, reducing fuel consumption and operating costs while diminishing the ecological impact of air travel.

For the new Agenda Item on inflight tracking, the requirements of any future system should be defined appropriately ensuring that any eventual potential decision at this conference is based on those requirements

Taking into account the above, it is necessary to establish the positions to be adopted on the Union's behalf at the WRC called to adopt revisions of the Radio Regulations, according to Article 218(9) TFEU.


4. BUDGETARY IMPLICATION

No specific budgetary implications for the European Union, except the cost of negotiations.