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Ruprecht Niepold European Commission, DG INFSO A3

Ruprecht Niepold European Commission, DG INFSO A3. On the Move 10th CEPT Conference Vienna, 17-19 April 02 . Slide 2. Presentation overview. Rationale for a new Community radio policy frameworkThe Radio Spectrum DecisionRadio spectrum policy in the regulatory environmentThe agenda aheadC

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Ruprecht Niepold European Commission, DG INFSO A3

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    1. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 1

    2. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 2 Presentation overview Rationale for a new Community radio policy framework The Radio Spectrum Decision Radio spectrum policy in the regulatory environment The agenda ahead Conclusions

    3. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 3 Community policies / radio spectrum An increasing number of Community policies rely critically on the usage of radio spectrum ? example: satellite navigation systems (Galileo) ? example: Civil protection / disaster relief Different user communities are competing for radio spectrum ? example: satellite / terrestrial communications ? example: licence-exempt bands The value of services or applications offered by using radio spectrum has increased ? example: 3G, broadcasting Access to radio spectrum impacts on competition among spectrum users ? example: S-DAB vs. T-DAB Internal market functioning depends on access conditions to radio spectrum ? radio terminal equipment circulation, rights to use or placing on the market

    4. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 4 Radio spectrum and policy objectives Fulfilling policy objectives requires: timely availability of radio spectrum, fair access to spectrum balance between commercial and non-commercial usage, between competing users efficient usage of spectrum allowing for innovative systems and technologies to be deployed guarantee specific usage conditions (e.g. interference free spectrum usage) foster competition Dilemma: contradicting paradigms legacy of radio spectrum usage makes it difficult to find spectrum for new applications and services (“scarcity of spectrum”)

    5. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 5 Spectrum Policy / Spectrum Management

    6. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 6 Complementing roles in the Community setting

    7. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 7 Preparing the Spectrum Decision 1998: Radio Spectrum Green Paper 1999: Communication on “Next Steps” 2000: proposal for Spectrum Decision 2001: co-decision procedure Council / EP 2002: Adoption (14 February 2002) Entry into force: April 2002

    8. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 8 Spectrum Decision purpose provide platform for deciding on availability of radio spectrum for relevant EU policies (electronic communications, transport, R&D, ...) ensure legal certainty by appropriate EU measures facilitate process of radio spectrum policy making in the Community context improve transparency on radio spectrum usage and related decision (availability of information, associating interested parties to decision process) anchor relationship with CEPT within the basis of EU legislation consolidate European position in international radio spectrum coordination process

    9. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 9 Four layers of the Spectrum Decision “Policy platform”: Radio Spectrum Policy Group (RSPG) is created where spectrum related policy issues can be discussed (need for harmonization of spectrum usage, best practices for generic approaches on radio spectrum (trading, relocation, information etc.). RSPG gives advice -- Commission keeps initiating role “Operational” : use of comitology (Radio Spectrum Committee, RSC) for deciding on “technical implementing measures” “Transparency and information” : legal obligation on MSs to provide detailed information on spectrum usage; provision of information aggregated at Community level. “International dimension” : codification of current practice and ensuring full involvement of EU institutions in international negotiations

    10. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 10 Policy platform / technical implementation measures

    11. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 11 Information of Radio Spectrum

    12. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 12 Community radio spectrum policy in international context

    13. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 13 Radio Spectrum Policy Group to be created by separate Commission Decision (April 2002) members: high-level Member State administration representatives Commission representative chairman: Member State representative; secretariat: Commission delivers advice (no decision power) permanent observers: European Parliament, Accession Countries, EEA, CEPT, ETSI ad hoc observers: on invitation input through hearings/consultations, studies, ad hoc panels RSPG must take into account views of interested parties “consensus” working style (voting as last resort, minority opinions to be made available)

    14. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 14 Radio Spectrum Committee foreseen under Spectrum Decision (takes over from Licensing Committee) works under “comitology”: * advisory function for Commission mandates to CEPT; * regulatory function for decision taking (e.g. validating deliveries from CEPT following mandates), voting procedures. decisions on technical implementation measures from the RSC are made legally binding to Member States of the EU (“acquis communautaire”) through follow-up Commission decisions members: Member State administration representatives, Commission chairs permanent observers: accession countries, EEA, CEPT ad hoc observers: on invitation (notably representative industry organizations)

    15. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 15 R&TTE Directive R&TTE Directive covers most equipment which uses radio spectrum. R&TTE imposes legal obligations to ensure electrical safety, EMC, non-interference and effective use of spectrum R&TTE refers to relevant specifications, where available, to determine essential requirement of conformity: harmonized standards mandated by the Commission to ETSI. R&TTE governs marketing and use of radio equipment. Systems of self declaration of conformity e.g. vs. relevant harmonized standards Obligation on MS to publish rules of access to spectrum R&TTE operates at Community level and replaces national regimes

    16. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 16 R&TTE and Spectrum Decision R&TTE essential requirement for radio equipment based on standards mandated to ETSI information on spectrum usage required R&TTE Directive: has to be implemented in national law and creates rights for usability and marketing of equipment Spectrum Decision harmonization of spectrum usage rules based on mandates to CEPT (legal certainty) information on spectrum usage required Spectrum Decision: sets a procedural / institutional framework for conceiving spectrum policy and for deciding on technical implementation measures

    17. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 17 RTTE and Spectrum Decision Inevitable overlap between both legal provisions, but > RTTE does not harmonize spectrum: development of harmonized standards under RTTE should not preempt or constrain spectrum allocation > Spectrum management does not aim at establishing technical specifications which are covered by the RTTE regime. Both legal provisions are complementary: > RTTE regime benefits from greater harmonization of spectrum usage achieved under the Spectrum Decision > Harmonized standards deliver minimal requirements for equipment and allow for technologically neutral spectrum management > information on spectrum usage is essential for both regimes ECC / ETSI co-operation is key !

    18. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 18 Regulatory environment for communications sector: new “package” The new “package”:

    19. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 19 Spectrum Policy and regulatory environment for communications sector

    20. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 20 Spectrum in regulatory environment for communications sector Framework Directive > obligation for national administrations to cooperate amongst each other and with the Commission (incl. on spectrum matters) (art. 7.2) > imposes principle of efficient use and efficient management of radio spectrum when regulating the sector (e.g. licensing) (art.8.2.d) > Member States to promote harmonization of radio spectrum (pointer to Spectrum Decision, art. 9.2) > allows (but does not mandate) the establishment of a secondary market for spectrum, but trading cannot result in change of usage where spectrum usage has been harmonized. (art.9.3,4) Authorization Directive > Member States are bound in the context of authorizing network and services in the communication sector by measures established with a view of harmonizing spectrum. Member States cannot deviate from them when licensing nor impose additional conditions. (art.8) > Spectrum Decision: links harmonization measures taken pursuant to the Spectrum Decision to the Authorization Directive and the Framework Directive (recital 13)

    21. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 21 The next steps: Implementation of the Spectrum Decision Set up of RSPG (first meting planned before end of the year) Set up of SPC (first meeting planned before end of the year) “network” within the Commission continuation of participation in CEPT activities achieving coherence of application Spectrum Decision / RTTE Directive information on radio spectrum

    22. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 22 Next steps: generic radio spectrum policy approaches looking into market based spectrum approaches ? achieving more flexibility through spectrum trading ? debate on concept of spectrum pricing ? relocation policy approaches information on radio spectrum ? developing concept of information on radio spectrum ? towards a common Community radio spectrum information point avoiding fragmentation of approaches ? understanding effects of fragmentation of attribution of rights of use for radio spectrum on internal market, on competitiveness ? development of best practices impact of technology on radio spectrum policy ? link to Community R&D activities (identifying research priorities; valorization of R&D results in the field of spectrum) ? Impact of new technologies (Ultra Wide Band, smart radio, etc.)

    23. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 23 Next steps: sector specific radio spectrum needs e-Europe, Information Society: ? coherent approach dealing with spectrum needs for mobile / R-LAN / BWA / satellite ? digitalization of broadcasting: re farming of redundant spectrum, balance terrestrial / satellite transport policy ? Radio satellite navigation (Galileo) ? Aeronautics system (“Open Sky”) ? intelligent road transport other policies ? Short range devices (SRD) for numerous specific applications (medical telemetry, RFID, etc.) ? Civil protection / disaster relief

    24. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 24 Conclusion Spectrum Decision - a milestone bearing opportunities: allows planning for radio spectrum by combining technical expertise with policy objectives maintaining subsidiarity principle, i.e. Community mechanism to grip only where added value becomes visible coherence of policy approach on radio spectrum likely to be reinforced; strengthening of Community position in international context more legal certainty and transparency in the interest of spectrum user communities offers platform to discuss innovative approaches in dealing with radio spectrum such as market based decision approaches.

    25. Ruprecht Niepold European Commission, DG INFSO A3 On the Move… 10th CEPT Conference Vienna, 17-19 April 02 Slide 25 Thank you for your attention

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