Considerations on 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).
document COM(2015)234 EN
date May 29, 2015
 
(1) Pursuant to Resolution 1343 containing the agenda adopted at the ITU World Radiocommunication Conference in 2012 (WRC-12), the World Radiocommunication Conference in 2015 (WRC-15) will adopt acts in the form of revisions to the Radio Regulations which will apply provisionally in respect of any Party that has signed the Final Acts of the Conference. Parties shall, in any event, be deemed to have consented to be bound by the Final Acts thirty-six months following the date of entry into force of the revision. All EU Member States are Parties to the Radio Regulations, and at least some of the revisions may affect common EU rules or alter their scope. Therefore, although the Union is not a full member of the ITU, it is necessary to decide on positions to be taken on the Union's behalf.

(2) Pursuant to Article 9(1) second paragraph of Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (the Framework Directive), Member States shall respect relevant international agreements, including the ITU Radio Regulations when applying Article 9. Any modification of the ITU Radio Regulations will therefore have to be considered in the light of the question whether it may affect Article 9 or alter its scope.

(3) Article 9 of the Framework Directive requires Member States to ensure the effective management of radio frequencies for electronic communications services in their territory in accordance with the Directive's Articles 8 and 8a. Article 8 requires national regulatory authorities to promote competition in the provision of electronic communications networks, electronic communications services and associated facilities and services by e.g. encouraging efficient use and ensuring the effective management of radio frequencies, and to contribute to the development of the internal market by removing any remaining obstacles to the provision of electronic communications networks, associated facilities and services and electronic communications services at European level. Article 8a requires Member States to take into consideration, inter alia, the economic public interest, freedom of expression, cultural and technical aspects of EU policies as well as the various interests of radio spectrum user communities to optimise the use of radio spectrum and avoid harmful interference.

(4) Common rules are also laid down by Commission Decisions 2005/513/EC, 2008/411/EC and 2004/545/EC; consideration should also be given to ongoing regulatory work conducted by the Commission, together with the Member States in the Radio Spectrum Committee and the Radio Spectrum Policy Group, and with the assistance of the CEPT, under Decision 676/2002/EC of the European Parliament and of the Council (the Radio Spectrum Decision). Member States should therefore adopt on the Union's behalf positions that do not call into question the substance of these Decisions and ongoing regulatory work.

(5) The adoption of specific orientations which are necessary in order to enable Member States to take a position during the conference on agenda items relevant to existing harmonisation decisions under the Radio Spectrum Decision, or to ongoing regulatory work with a view to such harmonisation, is without prejudice to the Union's external competence regarding any other agenda items which could affect common rules or alter their scope. As regards the latter, the Union position on these agenda items can be confined to ensuring respect in the negotiations for existing requirements of Union law.

(6) Under Resolution 233 of WRC-12 relating to item 1.1 of the WRC-15 agenda, the ITU is to identify candidate bands for International Mobile Telecommunications (IMT), subject to existing or new allocation of these bands to the mobile service, possibly including the bands 470-694 MHz, 1427-1518 MHz, 3400-3800 MHz, 5350-5470 MHz and 5725-5925 MHz.

(7) With regard to mobile communications, Decision 243/2012/EU of the European Parliament and of the Council establishing a multiannual Radio Spectrum Policy Programme (RSPP) calls for the identification of at least 1200 MHz for wireless broadband in the Union by 2015, including already harmonised bands. Therefore, all negotiations regarding candidate IMT bands should be handled in such a way as to ensure that EU unity is maintained throughout the negotiations.

(8) In this regard, Commission Decision 2008/411/EC7 harmonises the 3400-3800 MHz band for wireless broadband and Commission Decision 2005/513/EC8 harmonises the 5150-5350 MHz and 5470-5725 MHz bands for wireless access systems including radio local area networks. As to the 1452-1492 MHz band, a technical harmonisation measure under Article 4(3) of the Radio Spectrum Decision is under adoption and following a positive opinion of the Radio Spectrum Committee, with a view to the harmonisation of this band for wireless broadband communications in the Union. This band (1452-1492 MHz), together with the adjacent bands 1427-1452 MHz and 1492-1518 MHz will be a key element of the negotiations confirming the need for a holistic approach to the whole band.

(9) Commission Decision 2008/671/EC harmonises the use of radio spectrum in the 5875-5905 MHz frequency band for safety-related applications of Intelligent Transport Systems.

(10) In light of the positive opinion of the Radio Spectrum Committee, the Commission issued on 2 September 2013 a mandate to the CEPT to study and identify harmonised compatibility and sharing conditions for the use of wireless access systems including radio local area networks in the bands 5350-5470 MHz and 5725-5925 MHz in the Union, calling in particular for protection of the planned operation of GMES/Copernicus or airborne weather radars. As according to CEPT, there is currently no mitigation technique allowing the introduction of radio local area networks in the 5350-5470 MHz band together with the Copernicus system, any decision regarding the use of the bands 5350-5470 MHz and 5725-5925 MHz for radio local area networks should be delayed until WRC-19 as studies are still being conducted.

(11) Resolution 232 adopted at WRC-12 in conjunction with item 1.2 of the WRC-15 agenda provides a mandate for studies at ITU level regarding the allocation of the 694-790 MHz band to the mobile service, to be effective immediately after WRC-15. As this band is currently used for terrestrial broadcasting in all Member States, the Commission, with the positive opinion of the Radio Spectrum Committee, issued on 19 February 2013 a mandate to the CEPT under Article 4(2) of the Radio Spectrum Decision to develop harmonised technical conditions for wireless broadband use of the 694-790 MHz band, to be adopted by a Commission implementing decision under Article 4(3) of the Radio Spectrum Decision. As also stressed in the Radio Spectrum Policy Group opinion of 19 February 2015, the application of such a technical harmonisation solution would be dependent on a decision to be taken by the Council and the Parliament on the future use of that band, which would not be adopted until after WRC-15. Therefore, the results of WRC-15 should preserve as much flexibility as possible for Parliament and Council to decide, as the consequences of such measure will be decisive for the future of broadcasting and wireless broadband electronic communications services in the Union.

(12) Moreover, considering the importance of the lower part of the UHF band for broadcasting, there is a need to ensure that WRC-15 allows sufficient spectrum to be retained, in the Union, for terrestrial provision of audiovisual media services in the 470-694 MHz band. This is in line with Article 7 of Decision 243/2012/EU which requires Member States, in cooperation with the Commission, to aim at ensuring that there is sufficient spectrum available for satellite and terrestrial provision of innovative audiovisual media services to Union citizens, considering also that half of European households currently receive broadcasting through terrestrial services and that broadcasting in Europe currently relies heavily on the 470-694 MHz band.

(13) The agenda for the subsequent conference in 2019 will be adopted at WRC-15 under agenda item 10. In particular, following on from the decisions that will be taken under item 1.1 of the WRC-15 agenda regarding candidate bands for IMT, there is worldwide interest in identifying spectrum in higher frequencies above 6 GHz for fifth generation IMT. The preparatory work in the ITU process will need to match the parallel work within the EU.

(14) Resolution 654 adopted at WRC-12 in conjunction with item 1.18 of the WRC-15 agenda calls for studies regarding the allocation of the 77.5-78 GHz band to automotive short-range radars. Commission Decision 2004/545/EC harmonises the 77-81 GHz band for automotive short-range radars.