Paper by The Radiocommunications Agency for the OFTEL Focus Group

Discussion on Commission Communication

"Towards a Framework of Electronic Communications Infrastructure and Associated Services. The 1999 Communications Review"

Objectives

In conjunction with this new Framework document, the Commission has published its "Next Steps in Radio Spectrum Policy: Results of the Public Consultation on the Green Paper". The Commission is not inviting comments on the results paper since it is based on earlier consultation, but comments on the Framework document are invited by 15 February 2000. Both papers must be read together, to gain a complete picture. They provide a clear view on the direction the Commission wishes to take , but there are still a number of detailed issues to resolve, as the Framework document acknowledges.

The Commission’s Key Proposals

	Coherent community approach to strengthen allocation of spectrum
	New regulatory framework to address this
	Establishment of SPEG to provide expertise and guidelines

The Commission argued that they should more actively lead in producing common spectrum allocation for Pan European Services in EU member states. They propose to do this by working with the CEPT/European Radio Committee more strategically and by using the proposed new regulatory framework to mandate member states to comply with CEPT measures. They also propose to work more closely with CEPT in negotiating European positions in the ITU World Radio Conference and propose that these should be formally endorsed by the Council. A new advisory body, the Spectrum Policy Expert Group (SPEG) -based on UK experience of creation of Spectrum Management Advisory Group, would be established to provide advice and guidance to the Commission.

Detailed Issues

The Commission:

	acknowledges value of permitting, but not mandating, auctions
	recognises administrative fees can assist efficiency of spectrum management, where appropriate
	is ready to remove unintended current legal barrier to spectrum trading, but with regulatory safeguards
	suggests surplus funds from pricing may be used to encourage spectrum refarming
	proposes establishment of spectrum assignment guidelines
	is keen to make assignment data transparent, whilst protecting commercial confidentiality and privacy

The Commission suggests that these issues need further consideration, but generally accept the lines on pricing and trading that we in the UK have promoted. The Commission recognises that is does not have the expertise to deal with detailed spectrum assignment issues, but proposes working closely with CEPT/ERC to provide strategic direction.

Licensing and Authorisation

As part of the wider review, the Commission proposes a regime of having both specific and general authorisation. It recognises the need to have specific authorisation for radio spectrum. It also suggests some general authorisation for some Pan-European Services.

RA’s initial reaction

The Agency generally welcomes the overall thrust of the proposals, though most of them will need clarification and detailed discussion. We are concerned to ensure that the new Regulatory framework preserves the right balance for member states between provision of Pan-European and other services. We welcome the concept of SPEG, but want to ensure it can act strategically and not be too unwieldy. We are concerned that the current effective mechanisms for EU participation in the ITU World Radio Conference are not compromised, by trying to impose binding mandates, which would weaken negotiating flexibility.

We welcome the recognition of the part auctions and administrative pricing can play in spectrum management and the intention to permit spectrum trading in future. We agree that spectrum funds can usefully assist refarming policies, but consider the linkage should not be too direct. We believe that spectrum has strategic national economic value in its own right. On issues such as assignment guidelines and publication of data, we think a lot of detailed work is needed to ensure the right balance is struck between transparency, the rights of privacy, and the efficiency of managing licensing/authorisation.

On the licensing framework, the RA welcomes the recognition of the need for specific authorisations for specific assignments of frequency. On general authorisations, the UK already effectively uses licence exemption regulations for services which need no licences. (e.g. harmonised low power devices or subscriber terminals)

We believe specific authorisations are needed for any services which need frequency co-ordination, although we are keen to keep this to the minimum necessary to manage the spectrum efficiently.

Your views please

Views on Spectrum Management issues would be welcomed by

14 January 2000 to:

The Commission’s documents may be found on their website www.europa.eu.int/comm/dg13/electrocomm.htm

This paper is to be published on the Radiocommunications Agency website www.radio.gov.uk

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December 1999