26 Radio spectrum policy
| (25855)
11674/04
COM(04) 507
+ ADD 1
| Commission Communication: First annual report on radio spectrum policy in the European Union; State of implementation and outlook
Commission Staff Working Document annexed to Report
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| Legal base | — |
| Document originated | 20 July 2004
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| Deposited in Parliament | 26 July 2004
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| Department | Trade and Industry
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| Basis of consideration | EM of 1 September 2004
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| Previous Committee Report | None
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| To be discussed in Council | No date fixed
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but relevant to the debate on the future of eEurope[50]
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Background
26.1 The context of this document is set out succinctly in the
Commission Communication:
"All radio-based devices use the radio spectrum to transmit
or receive information. The use and therefore the value of the
radio spectrum has dramatically increased in recent years, as
wireless applications have been very successful in addressing
many of society's changing needs, such as for mobility and for
data transmission. But spectrum availability is also critical
for many other applications, e.g. for accurate weather forecasting,
radio astronomy, air and maritime safety, broadcasting and for
devices simplifying everyday life such as remote controls and
hearing aids.
"Because of possible interference between different
radio services operating in the same or adjacent frequencies,
access to the radio spectrum has historically been closely regulated.
Spectrum management has long been seen as a 'technical' domain
dealing with the avoidance of harmful interference and the technical
optimisation of spectrum use. More recently, it has been identified
as a means of generating public revenues in proportion to a perceived
'spectrum scarcity' value. However, a long-term, policy-based
approach to the management of this resource aiming at fostering
innovation and the introduction of increasingly added-value applications
could capture much greater overall benefits for society".
The Commission Communication
26.2 The Communication is the first Annual Report
on the activities undertaken in response to the Community's Radio
Spectrum Decision (RSD),[51]
which established a policy and legal framework in the Community
through which harmonisation of the use of the radio spectrum could
be achieved in areas relevant to Community policy objectives.
It covers the period since the RSD was adopted on 7 March 2002.
Its main features are helpfully summarised by the then Minister
for Energy, e-Commerce and Postal Services at the Department of
Trade and Industry (Stephen Timms) in his Explanatory Memorandum
of 1 September:
"Article 9 of the Decision requires the Commission
to report annually to the European Parliament and the Council
on the activities and measures adopted under the Decision and
planned future actions. The report covers the period 24 April
2002 to 15 June 2004 and outlines past and future actions, and
challenges related to the implementation of a successful Community
policy in this area.
"The report notes the dramatic increase in the
value of the radio spectrum in recent years, the success of wireless
applications in addressing society's changing needs e.g. for increased
mobility and data transmission, and the critical need to make
spectrum available for a wide range of applications. It endorses
the need for a flexible and responsive long-term policy-based
approach to managing this resource with the aim of fostering innovation
and providing societal benefits through the introduction of added-value
applications. It notes that availability and affordability of
radio-based services within the Community may be assisted by harmonisation
of conditions of use for such services, including frequencies,
and by providing legal certainty to such harmonisation.
"The aim of the Decision was to establish a
policy and legal framework in the Community in order to ensure
the coordination of policy approaches and, where appropriate,
harmonised conditions with regard to the availability and efficient
use of the radio spectrum. Two new platforms were established,
the Radio Spectrum Committee (RSC) and the Radio Spectrum Policy
Group (RSPG). The RSC assists the Commission in implementing specific
provisions of the Decision, is chaired by the Commission and composed
of Member States. The RSPG is a broader policy advisory body comprised
of the Commission and high-level representatives from Member States,
which also provides its chairman. The report highlights four main
elements:
Technical implementing measures
"The Commission may exercise delegated powers
on the basis of Decision 1 999/468/EC (the Comitology Decision)
and under Article 4.3 of the Radio Spectrum Decision, the Commission
may adopt legally-binding decisions via technical implementing
measures, in order to ensure harmonised conditions for the availability
and efficient use of radio spectrum. The measures normally take
the form of a mandate to the CEPT[52]
and on the basis of the work completed by CEPT, the Commission
may make the results mandatory for Member States through the regulatory
procedure set out in the Comitology Decision. During the period
of the report mandates have been issued to CEPT on the following
issues:
- Harmonised usage for additional
spectrum for third generation mobile communications (IMT 2000).
- Review of possible new harmonised uses for the
spectrum around 169 MHz (currently allocated to the unsuccessful
European radio messaging service [ERMES]).
- Harmonisation of spectrum for next-generation
Radio Local Area Networks.
- Harmonisation of spectrum for Automotive Short-Range
Radars with temporary use of the 24 GHz band and long-term operation
at 79GHz.
- Harmonised regulation of Ultrawideband technology.
- Generic approach to prioritise and harmonise
different frequency bands for short-range devices.
- More efficient use of the bands previously designated
for Terrestrial Flight Telephone System.
Policy Development
"The RSPG is required to co-ordinate broader
spectrum policy issues and is currently developing specific views
("Opinions") on:
- Secondary trading of rights
to use radio spectrum.
- Spectrum implications of broadcasting digital
switch-over.
- Preparations for the ITU World Radio Conference
in 2007.
- Wireless Access Platforms.
Availability of Information
"Article 5 of the Decision provides for action
to be taken in order to ensure the co-ordinated and timely provision
of information concerning the allocation, availability and use
of radio spectrum within the Community. The Commission has launched
a study to review the information already available and whether
this is sufficient, particularly in light of spectrum trading.
International activities
"Article 6 of the Decision covers relations
with third countries and international organisations. The Commission
has monitored relevant international developments and held discussions
with EC's main trading partners. Common policy objectives defined
for the 2003 World Radio Conference (EU satellite radio-navigation
system GALILEO, IMT-2000 and other broadband wireless access platforms)
were met (this is the subject of a separate EM dated 17 December
2003 (ref 15187-03)).
"The report notes the successful implementation
of the Decision and highlights the need for continued active co-operation
by CEPT, flexible and responsive mechanisms for adoption of Commission
decisions, sufficiently strong political will to improve coordination
of spectrum policies between Member States, and proper synergy
and timing coordination between the RSPG, the RSC and other Community
activities.
"Highlighted future actions for the next reporting
period are:
Technical implementing measures
"The first implementing decisions are likely
to include harmonised spectrum for Automotive Short-Range Radars,
Radio Local Area Networks and third-generation mobile communications,
and the Commission will request the withdrawal of the ERMES Directive
(Council Directive 90/544/EEC) so that new harmonised uses can
be provided via a technical implementing measure.
Spectrum Policy
"The Commission will assess the need for Community
action on trading of spectrum rights and will consider the implications
of digital broadcasting switch-over, coordinating EU positions
in international negotiations. A new request for Opinion will
be issued to the RSPG on wireless platforms to provide a strategic
vision for the spectrum needs of new technologies such as 3G.
The Commission will additionally consider different spectrum management
models.
Strengthening coherence of spectrum policy in
the EC
"The newly formed Spectrum Interservice Group
will help to ensure that spectrum policy is considered in the
wider EC policy context. There will be a need to develop common
understandings in order to ensure consistency with other legislation
e.g. a common definition of "harmful interference" under
the electronic communications regulatory framework and a common
understanding of competition issues where regulatory decisions
affect specific markets. The need for technological neutrality
and consideration of more flexible regulation on experimental
rights to encourage innovation will also continue to be pursued."
The Government's view
26.3 The Minister says that:
"The Government welcomes this first report and
the work that has been carried out by Member States and the Commission.
The Government supports the Commission's emphasis on the need
for flexible and responsive spectrum management policies and recognises
the role that harmonisation can play in promoting innovation and
benefiting society through affordable added-value applications.
The need for harmonisation should however always be considered
on a case-by-case basis to ensure that harmonisation is justified
and adds value.
"The Government supports the proposed future
actions but notes the importance of ensuring that Community action
provides benefit and does not stifle national innovation. This
will be particularly important for trading of spectrum rights,
where the UK is likely to be one of the first Member States to
introduce a trading regime. The Government would welcome a mechanism
for sharing of information and a coordinated approach to the implementation
of trading, but would not want to be held back in its own implementation."
26.4 The Minister also helpfully explains how the
interests of the wide range of governmental and other stakeholders
comes together in shaping policy:
"Ofcom is the regulator for the UK communications
industries, with responsibilities across television, radio, telecommunications
and wireless communications services. The Communications Act 2003
imposes a duty on Ofcom to secure the optimal use of the radio
spectrum and to provide representation on behalf of Government
at international meetings about communications, in accordance
with such general or specific directions as may be given to them
by the Secretary of State for Trade and Industry. A specific direction
was made in December 2003 requiring Ofcom to represent the United
Kingdom in, inter alia, the spectrum committees of the Community.
Ofcom therefore represents the UK in the Radio Spectrum Committee
and the Radio Spectrum Policy Group (and will be taking on the
chairmanship of the latter from November 2004). The Secretaries
of State for Culture, Media and Sport, Defence, the Home Office,
Transport, and Environment, Food and Rural Affairs, and other
departments and agencies, also have an interest in the management
of the radio spectrum. Their views are coordinated formally through
the Official Cabinet Office UK Spectrum Strategy Committee, which
Ofcom attends.
"Ofcom liaises closely with industry and consumer
representatives through a number of consultative and advisory
committees. In addition, the Ofcom Spectrum Advisory Board has
been established to provide independent advice to Ofcom on strategic
spectrum management issues. Regular reports on the work of the
RSC are circulated to industry representatives."
Conclusion
26.5 Even to the non-technically minded, the
importance of this matter is obvious. The Communication indicates
that the Community's response so far has been both inclusive and
measured. We hope that this will remain so, and therefore endorse
the approach taken by the Minister. The words "flexible
and responsive" are crucial, as is the need for harmonisation
always to be considered case-by-case, to ensure that it is justified
and adds value. So too is the importance of ensuring that Community
action provides benefit and does not stifle national innovation.
26.6 In clearing the Communication, we draw it
to the attention of the House. We consider it relevant to the
debate we have already recommended on the future of eEurope.
50 (25683) 9675/04; see HC 42-xxv (2003-04), para 1
(30 June 2004). Back
51
Decision 676/2002/EC of the European Parliament and of the Council
of 7 March 2002 on a regulatory framework for radio spectrum policy
in the European Community, OJ L. 108, 24.4.02, p. 1. Back
52
The European Conference of Postal and Telecommunications Administrations
(CEPT), an intergovernmental organisation drawing together 46
European countries, upon whose technical expertise the Commission
draws. Back
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