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Executive Summary

1.1 Ofcom is seeking comments on its proposals for the use of the high power^(-1-) section of the ex-ERMES band 169.4 to 169.8125MHz, as it considers its approach to managing the spectrum in the 169 MHz band. This follows the decision by the European Commission to repeal Directive 544/EEC of 9 October 1990 (known as the ERMES Directive) on the frequency band 169.4 to 169.8 MHz in order to adopt and mandate a new harmonised spectrum band 169.4 to169.8125 MHz under Decision 2005/928/EC for a number of preferred applications. The band had previously been designated for pan-European land based public radio paging in Europe.

1.2 In the UK and the EU there has been very little use of the ex-ERMES band for designated ERMES paging systems. The demand for paging systems or radio messaging has been superseded in Europe by the use of other technologies such as short messaging systems (SMS) over GSM . The European Commission therefore decided that this band was not being used efficiently and could be better employed for other purposes. The band is currently used for short term assignments by Private Mobile Radio (PMR) and Programme Making and Special Event (PMSE) systems, typically only for a few days duration.

1.3 The new Decision 2005/928/EC divides the ex-ERMES band into low and high power parts. The low power part of the band was addressed in a previous Ofcom consultation in July 2006 entitled, ‘Wireless Telegraphy Licence Exemption’, which set out our proposals for licence exemption of the low power applications detailed in Decision 2005/928/EC. This consultation only details Ofcom’s proposals on the future use of the high power part of the band (169.6125 to 169.8125 MHz).

1.4 The EC Decision 2005/928/EC requires that national regulators make this spectrum available to the market for services such as paging and high power asset tracking systems. As this is a mandatory requirement, the paging and asset tracking market within the UK was consulted informally by Ofcom to determine the future demand for these services in this band. The consensus of opinion was that the major paging and asset tracking operators within the UK had mature networks and therefore had no intention of migrating into the ex-ERMES spectrum. The companies in question were also operating mature networks in other parts of Europe in other frequency bands.

1.5 This confirmed the findings of a previous consultation conducted by the legacy regulator the Radiocommunications Agency in May 2002, which clearly showed that existing UK paging and asset tracking network operators were not interested in taking up assignments in the ex-ERMES band.

1.6 However, in order to comply with the EC Decision 2005/928/EC, Ofcom will make spectrum available in the high power part of the ex ERMES band for operators who want to roll out a national or regional paging or asset tracking service. The licence fees will be in line with the fees applicable to equivalent licences in this frequency band (High Band). The 2005 fees order can be found at:http://www.opsi.gov.uk/si/si2005/20051378.htm

1.7 In the event that, following this consultation period, no organisations indicated a desire to use the spectrum for the designated services outlined in EC Decision 2005/928/EC, we propose to licence this spectrum for PMR and PMSE systems on a secondary basis for periods of up to a maximum of six months. These licences could be repeatedly extended for further periods of six months. In order to comply with the mandate, these PMR systems would be required to vacate their assignments to accommodate the use of the Directive’s preferred primary applications (paging or asset tracking services) should they require access to the spectrum. The purpose of this consultation is to seek views on this proposal.

1.8 Information obtained from the responses to this consultation, may be used to support any future requests for the EC Decision 2005/928/EC to be amended to allow permanent use in this band on a technology neutral basis.

Footnotes:

1.- http://www.ero.dk/documentation/docs/docfiles.asp?docid=2039&wd=N

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