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RA Implementation Of EU Electronic Communication Directives |
United Kingdom
Plan for Frequency Authorisation
Limitation of Numbers of Spectrum Licences: second consultation document (June
2003)
Word document (189 KB) PDF document (422 KB)
Addendum to second consultation document (June 2003)
Word document (80 KB) PDF document (129 KB)
Limitation of Numbers of Spectrum Licences consultation document (May 2003)
Word
document (255 KB) PDF
document (455 KB)
Responses
(June 2003)
Oftel
and Radiocommunications Agency speed up dispute resolution process 
(Press release 3 March 2003)
Final
text for EU Communication Directives (March 2002)
DTI Consultation
DTI has prepared a contingency plan
to ensure that the UK will fulfil its community obligations in the event of
the Communications Bill not having received Royal Assent in sufficient time
to implement the Directives on 25 July 2003. Click here
to see the DTI consultation on this plan, together with annexes on the Draft
Interim Spectrum Use Regulations (annex
F) and the Draft Interim Disputes and Appeals Regulations (annex
G).
This summary sets out the Agency's current view on how the new measures may be adopted. It is written without prejudice to any provision in the Directives, or in the Spectrum Decision, or with any instrument or enactment that the Government of the United Kingdom may introduce in response to the EU package.
Please note that the Communications
Bill published on 7 May 2002 proposes where specific measures will be supported
by UK law and where powers may be exercised by Ofcom rather than the Secretary
of State.
You should therefore refer to the matrix (www.communicationsbill.gov.uk)
for details.
Introduction
1. The package of Directives and the Spectrum Decision were adopted by the European Parliament and Council on 7 March 2002, and were published on 24 April 2002. Some provisions (such as the setting up of the new Committees) will commence as soon as possible. Measures involving obligations on Member States will take effect after 15 months (i.e. 25 July 2003). The package will also form a significant element of the e- Europe Action Plan.
2. The agreed package comprises:
The Framework
Directive (which contains provisions relevant to all the measures together)
The Authorisation
Directive
The Access
Directive
The Universal
Service Directive
The Decision
on a Framework for Radio Spectrum Policy
There is also a proposal for a Commission Decision on competition in the Electronic
Communications sector.
3. The Framework and Authorisation Directives, and the Spectrum Decision most directly affect how the radio spectrum is managed. The other Directives will have little impact on radio spectrum management, although they will have significant impact for telecoms network providers.
4. The package aims to provide a modern deregulatory structure to encourage the development and provision of all electronic communication networks and services to the benefit of consumers and the single market and to embrace convergence.
5. A separate Directive on Data Protection and Privacy in the Electronic Communications field is still being negotiated.
The Framework Directive
6. This Directive establishes a harmonised framework and defines electronic
communication networks and services. It requires Member States to exercise powers
and tasks through competent bodies i.e. National Regulatory Authorities (NRAs).
These bodies must be independent of undertakings providing services and act
in a fair impartial and transparent manner. RA, and later the Office of Communications
(Ofcom), would be notified as NRAs. It may also be necessary to notify bodies
to whom spectrum management functions for other undertakings are delegated (e.g.
JFMG).
7. The Directive provides rights of appeal to undertakings against the decisions of NRAs. It also provides a set of objectives and regulatory principles and mechanisms for consultation and transparency. All these provisions were strengthened at the last stage of negotiation.
8. It requires Member States to provide effective management of radio frequencies for services. Allocation and assignment of frequencies must be based on objective, transparent non- discriminatory criteria. Member States must promote the harmonisation of use of radio frequencies to ensure effective and efficient spectrum use and in accordance with policies agreed under the Spectrum Decision.
9. The Directive will change EC law
to permit Member States to allow undertakings to transfer rights to use radio
frequencies between themselves, known as "spectrum trading". Safeguards
mandated by the Directive include a requirement that NRAs should set procedures
requiring notification and publication of transfers. In particular, transfers
may not undermine any harmonised decisions and NRAs are required to ensure that
transactions do not distort competition. The Government has said that it plans
to take advantage of the opportunity to introduce spectrum trading and the Agency
will shortly consult on how to do this.
Provision to allow Ofcom to introduce spectrum trading is included in the draft
Communications Bill published on 7 May 2002.
10. Other provisions concern numbering, rights of way, encouraging facility sharing, accounting separation by undertakings, control of undertakings with significant market power, market definitions, market analysis procedures and resolution of disputes (including cross border disputes) between undertakings. These provisions mainly affect Oftel.
11. The Directive encourages availability of the Commission to promote harmonised standards and Member States to encourage services to be interoperable and to widen consumer choice. In the absence of CEN, CENELEC or ETSI standards, ITU, ISO and IEC standards are promoted. The Commission has power to mandate standards or to dis-apply that mandate in the EU journal. These powers are without prejudice to the R&TTE Directive.
12. The "Communications Committee" made up of representatives of Member States chaired by the Commission will assist the Commission to oversee implementation of the package as well as bring in harmonised measures. Radio spectrum management has its own committee under the Spectrum Decision.
13. Other measures concern, exchange and publication of information concerning the package and a review within three years.
The Authorisation Directive
14. This Directive applies to all electronic communications networks and services. It aims to harmonise and simplify authorisation rules and conditions. It is a far-reaching change from the current Licensing Directive and is based on deregulating wherever possible.
15. The main concept is to provide a "general authorisation of electronic communication networks and service". Member States/ NRAs may not prevent an undertaking providing networks and services unless this is necessary to protect public security, safety or health interests. Except where specific provisions apply on radio frequencies, rights of way or numbering (i.e. telephone numbers) no prior approval is necessary to become an undertaking providing commercial networks and services. NRAs may publish general rules for the general authorisation, but these are subject to a list of requirements in Annex A of the Directive to the minimum number necessary. This measure effectively removes the obligation to have individual telecommunication licences, although NRAs may require some or all undertakings to notify the NRAs of the existence and the type of networks or services they have, or intend to provide. Please refer to separate consultations being undertaken by Oftel on implementation of this measure.
16. Where possible, the general authorisation would apply to rights to use radio
spectrum (in particular where the risk of harmful interference is negligible).
Where it is necessary to grant individual rights for the use of radio frequencies
(i.e. a WT licence), the Agency would grant such rights to any undertaking which
provided networks and services subject to a minimum set of conditions as set
out in Annex B.
17. Without prejudice to rules about broadcasting content, such grants must
be open, non-discriminatory and transparent. The Agency/Ofcom must specify when
such rights can be traded. We must also ensure that grants of licences take
account of conditions under the Framework Directive and meet the aims of policies
agreed under the Spectrum Decision (e. g. on decisions to harmonise frequencies).
Decisions on rights must be taken, communicated and published as soon as possible
after receipt of application and within six weeks of applications for authorisation
for frequencies allocated under our national frequency plan. This will continue
to be done under the Wireless Telegraphy Act in the UK, but it will involve
some review of licence terms and accompanying guidance. The Agency intends to
introduce a frequency authorisation plan and link information on conditions,
procedures, charges and fees to this plan.
18. Where the Agency/Ofcom decides that general authorisation to use frequencies is sufficient, then we would publish the minimum list of conditions that apply. It is anticipated that Licence Exemption Regulations would contain these conditions.
19. Where the Agency/Ofcom restricts the number of licences because of limited spectrum, we will need to satisfy a number of conditions similar to those currently imposed by the Licensing Directive. One difference is that grants must be made within 8 months of the competition being opened, but without prejudice to any international agreements on frequency or satellite co-ordination.
20. Where EU decisions have been taken to harmonise frequency use, Member States/ NRAs may not impose extra conditions which might restrict, alter or delay that decision.
21. NRAs may require undertakings to verify compliance with conditions. The undertaking concerned may have one month to conform, or less for repeated breaches. Failure may result in fines or withdrawal of rights to operate. Immediate action may be taken where there is evidence of threat to public safety, security or health. Undertakings will have right of appeal. These new measures do not prejudice our WT Act powers to deal with unauthorised use of radio or to investigate interference or misuse of radio.
22. Administrative fees under the general authorisation may be imposed (to cover
cost only - levied on all providers registered, but may be proportionate to
annual turnover of the undertakings). For spectrum authorisations (i.e. licences),
fees which ensure optimal use may be imposed or they may be issued at cost.
The Agency will be able to continue its implementation programme of objectively
justified spectrum pricing.
The Spectrum Decision
24. The Decision aims to create a policy and legal framework in the Community to ensure the co-ordination of policy approaches and, where appropriate, a harmonised approach to the provision of spectrum. It sets up new EU-level machinery for discussing spectrum policy issues, and, where necessary, agreeing on harmonised measures. There is little in the Decision that bears directly on spectrum management within Member States and nothing that will require immediate implementation by the Agency.
25. The main element in the Decision is the establishment of a new Radio Spectrum Committee of Member States (RSC), chaired by the Commission. This will have two duties. It may be consulted by the Commission on the matters covered in Article 1 of the Decision which include
strategic
planning and harmonisation of the spectrum,
effective
implementation of spectrum policy in the Community,
the co-ordinated
and timely provision of information concerning the allocation, availability
and use of radio spectrum in the Community; and
the effective
co-ordination of Community interests in international negotiations.
26. The Commission will also be able to submit to the RSC "technical implementing measures" aimed at ensuring harmonised conditions for the availability and use of spectrum. These will normally take the form of mandates to CEPT (further information on CEPT can be found at www.cept.org). The RSC will be able to give its opinion on, but not block, the issuing of mandates by the Commission. The Commission will also be able to decide whether the results of work carried out pursuant to mandates should be made binding on Member States. Any such proposals will also have to be discussed with the RSC, which, in this case, has stronger powers and can require the Commission to withdraw the measure or pursue it through the co-decision procedure.
27. The Commission has also said that it intends to establish, under a separate Commission Decision, a Senior Official Spectrum Policy Group of Member States (SOSPG). The SOSPG will have a wider-ranging membership and will include representatives of the European Parliament (and, we hope, CEPT) as observers. It is unclear how its remit will differ from that of the RSC, but we expect clarification within the next couple of months, and the Commission has recently started to outline its initial ideas.
28. The only provision which applies within Member States is the requirement in Article 5 on Member States to publish their national frequency allocation table and "information on rights, conditions, procedures, charges and fees concerning the use of the radio spectrum". The Agency will keep this information up to date and will take measures to develop databases in order to make information available to the public. We believe the UK already meets most of these objectives, but have recently completed a consultation about disclosure of licensing and assignment information to establish what further information is required by UK industry licensees.
Other Directives
29. Oftel rather than the Agency will apply the Universal Service Directive. Indirectly, obligations for UK-wide coverage of services could affect how spectrum is made available, but at present no Wireless-based networks are mandated for universal coverage, although they could be at a later date. The Access Directive affects how services become interoperable, which we aim to encourage. It appears that there are no significant implications other than those relating to mobile cellular and television networks.
30. If you have any queries with regard to the implementation of the EU Directives or the Spectrum Decision by the Radiocommunications Agency, you can contact the following persons:
For spectrum management issues on the Framework, Authorisation, Access or Universal Service Directives, contact either:
Paul
Redwin, Licensing Policy Unit - 0207 211 0075
Roger Stewart, Licensing Policy
Unit - 0207 211 0569
Levern Leonce, Licensing Policy
Unit - 0207 211 0477
For the Spectrum Decision contact:
Julian Mackenny, Spectrum Strategy Unit - 0207 211 0058
For any other issues please refer to Oftel (www.oftel.gov.uk)
Radiocommunications Agency
May 2002
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