Ruprecht Niepold European Commission, DG INFSO A3

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The new EU radio policy framework Ruprecht
NiepoldEuropean Commission, DG INFSO A3

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Presentation overview

• Rationale for a new Community radio policy
  framework
• The Radio Spectrum Decision
• Radio spectrum policy in the regulatory
  environment
• The agenda ahead
• Conclusions

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Community policies / radio spectrum

• An increasing number of Community policies rely
  critically on the usage of radio spectrum
• ? example satellite navigation systems (Galileo)
• ? example Civil protection / disaster relief
• Different user communities are competing for
  radio spectrum
• ? example satellite / terrestrial communications
• ? example licence-exempt bands
• The value of services or applications offered by
  using radio spectrum has increased
• ? example 3G, broadcasting
• Access to radio spectrum impacts on competition
  among spectrum users
• ? example S-DAB vs. T-DAB
• Internal market functioning depends on access
  conditions to radio spectrum ? radio terminal
  equipment circulation, rights to use or placing
  on the market

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Radio spectrum and policy objectives

• Fulfilling policy objectives requires
• timely availability of radio spectrum, fair
  access to spectrum
• balance between commercial and non-commercial
  usage,between competing users
• efficient usage of spectrum
• allowing for innovative systems and technologies
  to be deployed
• guarantee specific usage conditions (e.g.
  interference free spectrum usage)
• foster competition
• Dilemma
• contradicting paradigms
• legacy of radio spectrum usage makes it difficult
  to find spectrum for new applications and
  services (scarcity of spectrum)

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Spectrum Policy / Spectrum Management
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Complementing rolesin the Community setting
Spectrum management
Spectrum policy
CEPT ETSI spectrum
technical harmonizationMember
States allocation, assignment
Member States
Defending interests at international level
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Preparing the Spectrum Decision

• 1998 Radio Spectrum Green Paper
• 1999 Communication on Next Steps
• 2000 proposal for Spectrum Decision
• 2001 co-decision procedure Council / EP
• 2002 Adoption (14 February 2002)
• Entry into force April 2002

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Spectrum Decision purpose

• provide platform for deciding on availability of
  radio spectrum for relevant EU policies
  (electronic communications, transport, RD, ...)
• ensure legal certainty by appropriate EU measures
• facilitate process of radio spectrum policy
  making in the Community context
• improve transparency on radio spectrum usage and
  related decision (availability of information,
  associating interested parties to decision
  process)
• anchor relationship with CEPT within the basis of
  EU legislation
• consolidate European position in international
  radio spectrum coordination process

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Four layers of the Spectrum Decision

• Policy platform Radio Spectrum Policy Group
  (RSPG) is created where spectrum related policy
  issues can be discussed (need for harmonization
  of spectrum usage, best practices for generic
  approaches on radio spectrum (trading,
  relocation, information etc.). RSPG gives advice
  -- Commission keeps initiating role
• Operational use of comitology (Radio Spectrum
  Committee, RSC) for deciding on technical
  implementing measures
• Transparency and information legal obligation
  on MSs to provide detailed information on
  spectrum usage provision of information
  aggregated at Community level.
• International dimension codification of
  current practice and ensuring full involvement of
  EU institutions in international negotiations

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Policy platform / technical implementation
measures
RSPG(Group)
input / initiativeby members andobservers
advice
policy
input / initiativeby Commission
Commissionproposal(co-decision)
reject
RSC(Committee)
technical implementation measure
RSC decision
CommissionDecision
accept
mandates
EP
CEPT
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Information of Radio Spectrum

national information basis on radio spectrum
Member States
national level
European Commission
Community information basis on radio spectrum
best practice,harmonized approach
Community level
RSPGRSC
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Community radio spectrum policy in international
context
Communicationto Council / EP
CouncilEP
support /endorsement
CouncilEP
policy
European Commission
CEPT (ECC, CPG)
Negotiationresults
ECPs
Negotiations preparation
Negotiations results
Coordination European negotiationduring WRC
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Radio Spectrum Policy Group

• to be created by separate Commission Decision
  (April 2002)
• members high-level Member State administration
  representativesCommission representativechairman
  Member State representative secretariat
  Commission
• delivers advice (no decision power)
• permanent observersEuropean Parliament,
  Accession Countries, EEA, CEPT, ETSI
• ad hoc observers on invitation
• input through hearings/consultations, studies, ad
  hoc panels RSPG must take into account views of
  interested parties
• consensus working style (voting as last resort,
  minority opinions to be made available)

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Radio Spectrum Committee

• foreseen under Spectrum Decision (takes over from
  Licensing Committee)
• works under comitology advisory function
  for Commission mandates to CEPT regulatory
  function for decision taking (e.g. validating
  deliveries from CEPT following mandates), voting
  procedures.
• decisions on technical implementation measures
  from the RSC are made legally binding to Member
  States of the EU (acquis communautaire) through
  follow-up Commission decisions
• members Member State administration
  representatives,Commission chairs
• permanent observersaccession countries, EEA,
  CEPT
• ad hoc observers on invitation (notably
  representative industry organizations)

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RTTE Directive

• RTTE Directive covers most equipment which uses
  radio spectrum.
• RTTE imposes legal obligations to ensure
  electrical safety, EMC, non-interference and
  effective use of spectrum
• RTTE refers to relevant specifications, where
  available, to determine essential requirement of
  conformity harmonized standards mandated by the
  Commission to ETSI.
• RTTE governs marketing and use of radio
  equipment. Systems of self declaration of
  conformity e.g. vs. relevant harmonized standards
• Obligation on MS to publish rules of access to
  spectrum
• RTTE operates at Community level and replaces
  national regimes

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RTTE and Spectrum Decision

• RTTE
• essential requirement for radio equipment based
  on standards mandated to ETSI
• information on spectrum usage required
• RTTE Directive has to be implemented in
  national law and creates rights for usability and
  marketing of equipment

• Spectrum Decision
• harmonization of spectrum usage rules based on
  mandates to CEPT (legalcertainty)
• information on spectrum usage required
• Spectrum Decisionsets a procedural /
  institutional framework for conceiving
  spectrumpolicy and for deciding on
  technicalimplementation measures

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RTTE and Spectrum Decision

• Inevitable overlap between both legal provisions,
  butgt RTTE does not harmonize spectrum
  development of harmonized standards under RTTE
  should not preempt or constrain spectrum
  allocationgt Spectrum management does not aim at
  establishing technical specifications which are
  covered by the RTTE regime.
• Both legal provisions are complementary gt RTTE
  regime benefits from greater harmonization of
  spectrum usage achieved under the Spectrum
  Decisiongt Harmonized standards deliver minimal
  requirements for equipment and allow for
  technologically neutral spectrum managementgt
  information on spectrum usage is essential for
  both regimes
• ECC / ETSI co-operation is key !

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Regulatory environment for communications sector
new package

• The new package

Liberalisation Directive (Art. 86)
?
Framework Directive (Art. 95)
?
?
?
Spectrum Decision (Art. 95)
?
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Spectrum Policy and regulatory environment for
communications sector
Regulation for communication sector
Spectrum Decision

• Covers
• all communications networks and communications
  services
• not content services

• Covers
• radio spectrum policy aspects for all sectors
• radio spectrum access and usage conditions
  and their harmonization
• Deals inter alia with
• communications sector

• Deals inter alia with
• scarce resources such as spectrum or numbers

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Spectrum in regulatory environment for
communications sector

• Framework Directive gt obligation for national
  administrations to cooperate amongst each other
  and with the Commission (incl. on spectrum
  matters) (art. 7.2)gt imposes principle of
  efficient use and efficient management of radio
  spectrum when regulating the sector (e.g.
  licensing) (art.8.2.d)gt Member States to promote
  harmonization of radio spectrum (pointer to
  Spectrum Decision, art. 9.2)gt allows (but does
  not mandate) the establishment of a secondary
  market for spectrum, but trading cannot result
  in change of usage where spectrum usage has
  been harmonized. (art.9.3,4)
• Authorization Directivegt Member States are
  bound in the context of authorizing network and
  services in the communication sector by
  measures established with a view of harmonizing
  spectrum. Member States cannot deviate from
  them when licensing nor impose additional
  conditions. (art.8) gt Spectrum Decision links
  harmonization measures taken pursuant to the
  Spectrum Decision to the Authorization Directive
  and the Framework Directive (recital 13)

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The next steps Implementation of the Spectrum
Decision

• Set up of RSPG (first meting planned before end
  of the year)
• Set up of SPC (first meeting planned before end
  of the year)
• network within the Commission
• continuation of participation in CEPT activities
• achieving coherence of application Spectrum
  Decision / RTTE Directive
• information on radio spectrum

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Next steps generic radio spectrum policy
approaches

• looking into market based spectrum approaches ?
  achieving more flexibility through spectrum
  trading? debate on concept of spectrum pricing?
  relocation policy approaches
• information on radio spectrum? developing
  concept of information on radio spectrum ?
  towards a common Community radio spectrum
  information point
• avoiding fragmentation of approaches?
  understanding effects of fragmentation of
  attribution of rights of use for radio
  spectrum on internal market, on competitiveness
  ? development of best practices
• impact of technology on radio spectrum policy?
  link to Community RD activities (identifying
  research priorities valorization of RD
  results in the field of spectrum)? Impact of new
  technologies (Ultra Wide Band, smart radio, etc.)

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Next steps sector specific radio spectrum needs

• e-Europe, Information Society ? coherent
  approach dealing with spectrum needs for
  mobile / R-LAN / BWA / satellite? digitalization
  of broadcasting re farming of redundant
  spectrum, balance terrestrial / satellite
• transport policy? Radio satellite navigation
  (Galileo)? Aeronautics system (Open Sky)?
  intelligent road transport
• other policies? Short range devices (SRD) for
  numerous specific applications (medical
  telemetry, RFID, etc.)? Civil protection /
  disaster relief

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Conclusion

• Spectrum Decision - a milestone bearing
  opportunities
• allows planning for radio spectrum by
  combining technical expertise with policy
  objectives
• maintaining subsidiarity principle, i.e.
  Community mechanism to grip only where added
  value becomes visible
• coherence of policy approach on radio spectrum
  likely to be reinforced strengthening of
  Community position in international context
• more legal certainty and transparency in the
  interest of spectrum user communities
• offers platform to discuss innovative approaches
  in dealing with radio spectrum such as market
  based decision approaches.

Added value of new Community Radio Spectrum
approach critically depends on consensual
approach of involved parties.All interested
parties are called to co-operate in this sense !
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Thank you for your attention