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Don Whiteside VP Legal & Corporate Affairs Intel April 16, 2009 Czech Presidency conference

“Effective implementation, International comparison The spectrum case”. Don Whiteside VP Legal & Corporate Affairs Intel April 16, 2009 Czech Presidency conference. Case for a “new” Framework. Does Framework deliver? How to ensure implementation? International comparison.

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Don Whiteside VP Legal & Corporate Affairs Intel April 16, 2009 Czech Presidency conference

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  1. “Effective implementation, International comparison The spectrum case” Don Whiteside VP Legal & Corporate Affairs Intel April 16, 2009 Czech Presidency conference

  2. Case for a “new” Framework. • Does Framework deliver? • How to ensure implementation? • International comparison.

  3. The case for a “new” Framework • Advanced communications is a critical foundation to achieving long term goals. • Key to an Information Society • Key to an Information Economy • “New” framework should support rapid improvement of the underlying communications infrastructure • Spectrum is a key enabler

  4. Does Telecoms package deliver? • Spectrum a main topic discussed in the Telecoms Package • Stressed economic, social and cultural importance of spectrum • Globally, regulators recognize the disproportionate value of inaction

  5. Does Telecoms package deliver? • Technology and Service Neutrality in text but (too broad) exceptions. • Harmonization powers – reduced. • Overall – compromise : evolution not materialized.

  6. Telecoms package: TN and SN should be implemented without using exceptions as broad loopholes. Together with implementation of other spectrum decisions: e.g. WAPECS – no delay. Joint effort - forward looking view. How to ensure implementation?

  7. Global perspective • Worldwide, two main schools of thought on spectrum regulation: • Regulatory mandates needed to minimize ambiguity, maximize scale • Market-oriented flexibility promotes multiple innovation paths and scale

  8. US transition • US gradually transitioned regulatory approach, from the 1970’s to the 1990’s: • Spectrum Allocation: • From dozens of specific-usage allocations • To technology-specific allocation by system category • To flexible technologies, services • Spectrum Assignment: • From small and fragmented licenses • To larger licenses w/ aggregation, secondary mkt transactions • From comparative hearings (“Beauty contests”) • To lotteries • To auctions

  9. Implementation comparison FCC initiates rule making process: Public consultation on all aspects (rights & obligations; technical & service; authorization & certification,) Delivers decision • CEPT technical reports • Developed in technical committees then put out for consultation • ECC Decisions • Consultation, then ratification • EC Decisions • Consultation, then ratification • ETSI Harmonized standards • Developed in technical committees then put out for consultation, then ratification by Administrations • NRAs • Consultations • Finally rules at National level

  10. Summary Update was needed. Flexible spectrum key if Europe want to lead. Natural evolution did not materialize. Implementation of package and WAPECS decisions are crucial next steps.

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