Select Committee on European Scrutiny Thirty-First Report


12 Mobile broadband services

(25791)

11124/04

COM(04) 447

Commission Communication: Mobile Broadband Services

Legal base
Document originated30 June 2004
Deposited in Parliament5 July 2004
DepartmentTrade and Industry
Basis of considerationEM of 31 August 2004
Previous Committee ReportNone
To be discussed in CouncilNo date fixed
Committee's assessmentPolitically important
Committee's decisionCleared, but relevant to the debate on the future of eEurope[22]

Background

12.1 The Lisbon European Council in 2000 emphasised the importance to Europe of maintaining its lead in key technologies such as mobile communications. Since then successive European Councils have called on Member States to remove barriers to the introduction of mobile services. At the Spring European Council, the Presidency Conclusions recalled that "the Union must develop timely responses to new challenges: in the [vital area of] electronic communications, for example, new EU mobile and broadband strategies must keep the Union at the cutting edge".

12.2 The Communication follows Commission consultation with industry via the Mobile Communications and Technology Platform[23] and through a workshop on the mobile sector held in June 2004. It notes that while some of the issues raised have been addressed, others have yet to be resolved. Its main purpose is to outline how the remaining challenges can be addressed, notably those from developing countries investing heavily in R&D to develop industrial potential at very competitive cost. In examining the broader policy and regulatory environment, the Communication identifies a need for concerted action at EU level on a number of fronts, including Research and Development, policy, regulation and management of the radio spectrum. The key considerations, set out in the Introduction, are:

  • "  The mobile phone is now pervasive and is used in virtually every sphere of human activity, private, business and governmental."
  • "  Anywhere, anytime availability will be essential requirements in an environment where mobility of people, goods and services is growing."

Mobile phone standards

12.3 The following brief description may be helpful:

  • 2G — also known as GSM (General System for Mobiles); the current "world" standard; over 1 billion subscribers; European developed; a digital system allowing 9.6 kilobits per second (kbps) of downloads; predominantly used for voice and SMS (text messages).
  • 2.5G — also known as GPRS (General Packet Radio Service); an enhancement of GSM, capable of higher download data rates (114kbps); allows picture messaging and some (slow) internet access.
  • 2G and 2.5G are the technologies used in the UK by O2, Orange, Vodafone and T-mobile. 98% of all mobiles in the UK use either GSM or GPRS.
  • Third generation (3G) technology is the newest global standard for mobile phones. The most common of the five defined 3G standards are UMTS (European) and CDMA 2000 (USA). In the UK, "3" is the only mobile phone operator currently offering such phones, but the other four UK operators will follow suit later this year. 3G can provide downloads of up to 384kbps of data now with enhanced rates of 2mkbps shortly. The most obvious development of 3G over 2.5G is that 3G supports video calls and video streaming as well as offering mobile broadband access to the internet. It is also a more efficient technology for voice calls.

Commission Communication

12.4 In his very helpful Explanatory Memorandum of 31 August, the Minister for Energy, e-Commerce and Postal Services at the Department of Trade and Industry (Mr Stephen Timms) summarises the Communication in detail:

Trends in European electronic communication services

"The Communication identifies that the most significant future development in electronic communications will be the growth of mobile broadband services, as the potential of third generation mobile (3G) and other wireless technologies, including satellite, becomes a reality. Dissemination of these technologies will lead to the emergence of new data services, combining the benefits of broadband with mobility. These services could have not only a major social impact but also, in terms of economic effects, potentially transform the way business works.

"The Communication refers to two significant trends within the sector. First, broadband growth of more than 80% in 2003 means that Europe is well placed to achieve even greater productivity benefits. Second, revenues from mobile phones have increased to the point where they have overtaken those of fixed telephony. It suggests that personal mobile broadband services can therefore be used to deliver significant social and productivity gains for the whole economy. For example, the ability to link a mobile workforce with a business and its data resources plus the ability to exchange large amounts of data will improve firms' efficiency through their effect on working processes and organisational change. Consequently, the Communication says that companies will invest in changing business and working practices as long as managers are forced to innovate in the face of strong competition.

Developments in the mobile communications sector

"The Communication notes that the mobile sector is showing signs of recovery after slower growth in recent years. In particular, the past year has seen European 3G mobile operators launch commercial services in ten Member States and more 3 G networks are expected to follow.

"3G networks allow users to access voice and data services at high-speed whilst on the move. This is significant because it will support the development of new services, both for business and the consumer. As such it has potential to support competitiveness across Europe as well as providing strong sectoral growth.

"The communications sector as a whole is now converging. The high data rates offered by broadband allow multimedia services to be received through a variety of technologies. It is now possible for users to switch between different platforms (eg 2.5G, 3G, 'wi-fi' wireless access)[24] depending on availability in order to get the best data rates in any given location.

"We will see an even wider variety of access methods as so called 'post 3G' services emerge.[25] This will give a number of regulatory challenges and an increasing need for operators and manufacturers and operators to present products and services in a coherent manner to the public.

Forward-Looking Policy Issues

"The Commission recognises that this very rapid rate of change in electronic and mobile communications does raise a number of policy issues which it considers need to be addressed in order to allow the Community to ensure success in 3G and to prepare for the future at a time when some developing countries are investing in mobile & wireless research and development. The Commission identifies these issues and makes a series of recommendations as a set of conclusions."

The Government's view

12.5 The Minister goes on to say:

"The UK welcomes the Commission's Communication as it helps highlight the importance of the sector in helping maintain the Community's competitive position. It also rightly draws attention to the extent to which the growth of the sector can be adversely affected by unnecessary regulation.

"Some of the recommendations are for industry to take forward, which reflects the role that self-regulation has to play in development of the market, as underlined in the New Approach Directives. Member states do, of course, have a role to play in encouraging and supporting this industry effort.

"The Government's reaction to each of the Commission's recommendations is as follows:

"On interoperability while we agree with the conclusion that the industry should be encouraged to take steps towards interoperability, we would be very wary of seeking to take regulatory action in this area. 3G is a new technology which is developing through innovation and regulation could channel this development and thereby restrict innovation and stifle growth.

"We agree that technical challenges in relation to content which might hinder the fast take up of services do need to be identified and that where these are the result of existing regulations that Member States need to take appropriate action.

"The important role played by content and applications in stimulating the demand for new services and mobile communications is rightly explicitly recognised by the Communication. The emphasis is on facilitating industry dialogue and together with the Commission monitoring developments we consider this is the right approach.

"Digital Rights Management (DRM), and its application in areas where levies are collected to compensate rightsholders for a degree of private copying, are issues that need serious consideration. DRM is not a panacea, and we will seek to ensure that their limitations, as well as their potential, are considered. DRM represents an opportunity for rightsholders, but this must be taken in the context of the legitimate expectations of consumers and other stakeholders. The conclusions in this area appear to be proportionate and reasonable.

"The Government agrees that spectrum policy issues should be addressed, and that innovative means to managing spectrum as well as greater flexibility as regards spectrum use are desirable goals. Ofcom has already brought forward proposals to introduce trading in spectrum licences. However, we believe that it is too early to mandate any Europe-wide approach on spectrum. A pan-European approach may prove advantageous but any move towards increased harmonisation of spectrum strategies generally must take account of the proposed work programme for a co ordinated EU spectrum policy approach currently under consideration within the Radio Spectrum Policy Group.

"A trusted and secure environment, including secure authentification, would help underpin the development of the sector and we agree the industry should be encouraged to develop the appropriate mechanisms for identification/
authentication. As regards protection of minors from illegal or inappropriate content, the UK mobile industry has already taken a lead in launching a Code of Practice with the support of the Children's Charities. We commend this self-regulatory approach.

"So far as the recommendations relating to M-Payments are concerned the UK has noted the real problems caused by the uncertainty surrounding the application of the e-money directive to mobile payment services. Until this has been clarified it can only hamper the development of new innovative services and hamper the roll-out of the new technologies. We have welcomed, and responded to, the recent Commission consultation into the application of e-money rules on the mobile sector.

"We therefore endorse the call for clarification and for a speedy solution which provides the legal certainty to allow the development of the sector. The opportunity is significant.[26] It is important however that such a solution is proportionate and reflects the low risk of money laundering or other criminal financial activity, through mobile payment services.

"The UK agrees that in some parts of the Community, there can be barriers to the roll-out of networks caused by the local planning regime. While planning rests with the relevant local authority in the UK, Government has issued a planning policy guidance note to help ensure that there is a consistent approach across England (similar notes exist for Scotland, Wales and Northern Ireland). This guidance note was updated in 2001 to reflect the best scientific advice on health. The UK Government already supports and complies with the Commission's recommendation to base planning restrictions on generally accepted assessment of health risks — our guidelines incorporate the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines on exposure. We similarly agree that member states should seek to foster greater public awareness of risks and protections against these.

"The proposals for Research and Development do cause concern.

"The Commission argues that the demands of R&D across the whole of the mobile communications supply chain are such that it can only be conducted at an EU level. It proposes that the Seventh Framework Programme would provide an opportunity to do so.

"Although the UK agrees there is a need for substantial funding of research in the mobile/wireless broadband arena, we have argued against the need for increased funding at a European level where significant sums have been allocated under Framework over the last 10 years. The mid term evaluation of Framework 6 by Dr Marimon showed significant drawbacks, particularly in respect of SME participation. Our view is that the proposed technology platform will continue the large company domination of the research agenda, to the detriment of innovation in this area, particularly if the identified weaknesses in Framework 6 are not rectified. It will also consolidate a restricted view of the technology agenda, which may not be borne out by future events, and would be subject to the higher research overheads of the main players. The technology platform process will be too slow and cumbersome and is not suited for a highly competitive, rapidly changing business-services and consumer market. We would be particularly unhappy if the proposed technology platform took a greater proportion of a reduced collaborative research budget in Framework 7.

"At the European level, within a similar budget to that of recent years, the UK would support greater investment in the science and industry base with an agenda that has a strong industry bias. This should not be limited to a "traditional view" of mobile broadband. We would also support a simplified administrative process that encouraged SME's to participate in the innovation process in this technology area. The UK will continue to support successful national initiatives, which are geared towards the science base, industry and innovation.

"Finally we, like the Commission, recognise the global nature of the mobile industry. The UK is committed to continuing and strengthening the already strong international co-operation and dialogue in this industry. The need for clear, predictable and proportionate regulatory frameworks along with open and global standards is vital for the future development of the sector."

12.6 The Minister concludes by saying that, while there are no plans to consult on this specific document, its content will form part of Government's ongoing dialogue with industry on electronic communications.

Conclusion

12.7 There is no doubting the importance of this matter. The opportunities and challenges, external as well as internal, are clearly identified. There is much work to be done if they are to be seized and resolved. As for the remedies, we endorse the approach taken by the Minister, especially regarding the importance of development being industry-led, of continuing dialogue, of self-regulation and of facilitating participation by small and medium-sized enterprises.

12.8 In clearing the Communication, we draw it to the attention of the House. We consider it relevant to the debate that we have already recommended on the future of eEurope.


22   (25683) 9675/04; see HC 42-xxv (2003-04), para 1 (30 June 2004). Back

23   At the request of Commissioner Liikanen, the CEOs of 14 major companies involved in the mobile communications sector together identified key issues and major steps to be taken by both industry and government in order to assure the future success of 3G mobile broadband communications in the EU.

 Back

24   "wi-fi" is a brand name applied to products that conform to a particular technical standard (IEEE802.11b) and are therefore compatible. It allows devices to connect to each other wirelessly and is typically used to provide internet access in offices, hotels, transportation hubs etc. "wi-fi" has become a generic name for all such technologies although there are others. The more correct name is W-LAN (wireless local area networks). Wi-fi allows 2mbps downloads within a range of up to 100 metres of a "hot-spot" (i.e. an access point). It is therefore not a fully mobile technology. Back

25   Some countries (e.g. Japan and Korea) are pushing for the development of 4G. As yet there is no definition of what is meant by 4G (the term needs to be defined before technical standards can be developed) and it is therefore not yet clear exactly what form these services might take. Back

26   A report made available by the Department of Culture Media and Sport, produced by Spectrum Strategy in March 2004 (http:/www.paidcontent.org/pc/arch/cat_bbc), states that revenues from mobile content and applications in the UK are already nearly £500m and are forecast to increase to around £2bn by 2007. Back


 
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