Frequently Asked Questions

Q.1 What are the new EU Directives covering electronic communications?

The new Directives - and the Radio Spectrum Decision - form a package that will establish a cohesive but more deregulatory framework for electronic communications networks, electronic communications services and associated facilities.

The European Parliament and Council have adopted this package, which was published on 24 April 2002. It consists of:

the Framework Directive 2002/21/EC which can be viewed at: www.radio.gov.uk/topics/eudirectives/directives-mar02/framework.pdf
the Authorisation Directive 2002/20/EC which can be viewed at: www.radio.gov.uk/topics/eudirectives/directives-mar02/authorisation.pdf
the Universal Service Directive 2002/22/EC which can be viewed at: www.radio.gov.uk/topics/eudirectives/directives-mar02/universall.pdf
the Access and Interconnection Directive 2002/19/EC which can be viewed at:
www.radio.gov.uk/topics/eudirectives/directives-mar02/accessinterconnect.pdf
the Directive on Privacy and Electronic Communications 2002/58/EC which can be viewed at: www.radio.gov.uk/topics/eudirectives/directives-mar02/newtelecomdpdirective-12july-02.pdf and
the Radio Spectrum Decision 676/2002/EC which can be viewed at: www.radio.gov.uk/topics/eudirectives/directives-mar02/specdecision.pdf

All EU Member States must implement the Directives by 25 July 2003 (except the Directive on Privacy and Electronic Communications, which must be implemented by 31 October 2003).

The Framework and Authorisation Directives, and the Radio Spectrum Decision, will directly affect how the radio spectrum is managed. The other Directives will have little impact on radio spectrum, although they will have a significant effect on telecommunications network providers.

Q.2 Where can I obtain copies of the Directives?

You can download the Directives by clicking on the links above, or by contacting the Agency's Library - call 020 7211 0505/0502, write to Radiocommunications Agency Library, Wyndham House, 189 Marsh Wall, London E14 9SX or e-mail library@ra.gsi.gov.uk.

Q.3 What new duties will the Framework Directives give the Agency?

The Framework Directive establishes a harmonised framework, setting out the range of duties that National Regulatory Authorities including the Agency must adhere to. Under the Directive, the Agency must:
act in a fair, impartial and transparent manner; and
ensure that it remains independent from any business providing services that use the radio spectrum.

The Framework Directive also sets out the following procedures, which the Agency will need to facilitate:

New appeals procedures

A new appeals mechanism will be set up, much like the format of the Competition Commission's Tribunal appeals mechanism. The new appeals body, consisting of a panel chairman and two panel members, will operate independently, and its members will have the appropriate expertise to carry out its functions.

Dispute resolution

If any two providers of communications networks and services have a dispute concerning the radio spectrum, and other mediation mechanisms have failed, the Agency will be required at the request of either party to resolve the dispute through a binding decision within four months.

In November 2002, the Agency in conjunction and Oftel (which has similar dispute resolution functions) published a consultation document on how they intended to proceed on disputes. This can be viewed at: http://www.oftel.gov.uk/publications/eu_directives/2002/disp1102.htm
The Agency and Oftel have since published a statement on how the dispute resolution procedure will work.

Spectrum trading

The Framework Directive allows Member States to set up a secondary market for spectrum licences. This will enable certain licensees to trade their rights to use radio frequencies between themselves under the direction of the Agency. The Agency is working up proposals on spectrum trading, and has published a consultation document on the subject, which can be viewed at: http://www.radio.gov.uk/topics/spectrumstrat/consult/implementingspectrumtrading.pdf

Q.4 How will the Authorisation Directive change the licensing of the radio spectrum?

The Authorisation Directive aims to harmonise and simplify authorisation rules and conditions, and to deregulate wherever possible. It will replace the current Licensing Directive.

The Agency will apply the main concept of the Authorisation Directive by providing lighter licensing or licence-exemption regimes wherever possible. Under the Directive, the Agency will also need to ensure that the use of radio frequencies is exempted from licensing wherever the risk of harmful interference is negligible. The vast majority of licences that the Agency currently issues will continue, but it is essential that licences are issued fairly and transparently.

Q.5 Will the Authorisation Directive mean changes to radio spectrum licences?

Licence review and introduction of the General Licence Conditions Booklet

The Agency is currently reviewing all its licence products to ensure that they comply with Annex B of the Authorisation Directive. This Annex contains the only conditions that may be attached to a radio spectrum licence from 25 July 2003.

As well as carrying out this review process, the Agency will also introduce a "General Licence Conditions Booklet", containing all the generic licence conditions found in most radio spectrum licences. Most licence products will come under this booklet, except licences that:

already have a licence conditions booklet; or
have been awarded by competition and are currently closed for business.

The Agency will issue the "General Licence Conditions Booklet" for all new licences from 25 July 2003.

Introduction of the Frequency Authorisation Plan

The Agency will provide an electronic menu of its licence products, to be called the Frequency Authorisation Plan. This will be a "one-stop-shop", helping potential applicants for a particular licence product to ascertain whether they can apply. It is proposed that the menu will include the licence product, the frequency range, information on both conditions and pricing, and any technical requirements that must be complied with. Potential applicants will be able to search either by licence product or by frequency.

Consultation on limitation on spectrum licences

In parts of the spectrum where a limited number of licences are available all interested parties will need to be given (by way of published "Orders") an opportunity to express their views on the proposed limitation.

By Easter 2003 the Agency will publish a document on licence limits, for interested parties to comment on. The Agency will also need to publish any decision and reasoning behind a limitation ruling. After the limitation procedure has been settled, the Agency will invite applications for those licences; from this point, it will have six weeks to grant licences (except where there is a competition, in which case the time limit can be extended to eight months).

All these processes will need to adhere to the transparency and proportionality aims stated in both the Framework and the Authorisation Directives.