Annexes to COM(2014)228 - Implementation of the Radio Spectrum Policy Programme - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)228 - Implementation of the Radio Spectrum Policy Programme. |
|---|---|
| document | COM(2014)228  |
| date | April 22, 2014 |
As part of the Connected Continent proposal, the Commission proposed to create a favourable environment and administrative regime for the deployment of small cells in order to respond to the future capacity demand for broadband connectivity, as well as for the provision of Radio LAN (RLAN or WiFi) connectivity and the pooling of different users’ RLAN resources.
In addition, a mandate has been issued to the CEPT regarding a possible extension of RLANs in the 5 GHz band, subject to the technical feasibility of being able to maintain other important services (GMES and ITS) which are also priorities under the RSPP. The Commission is also working on a measure to facilitate ultra-wide band (UWB) technology, which transmits low-power radio signals across a wide range of frequencies, and supports short-range applications such as high-data communications, location tracking and ground-penetration radar.
2.3.2. Licenced shared access (LSA)
Under the LSA concept spectrum rights on a shared basis are granted to licensees subject to terms defined by the regulator making it possible to ensure a predictable quality of service. Each user needs an individual (but not exclusive) right of use to access a particular frequency band and the setting of authorisation conditions is the responsibility of the spectrum management authority, which defines the access parameters through regulation and licence conditions.
The recent Opinion of the RSPG on LSA can be seen as the starting point for a more generic application of the concept. Both the CEPT and the RSPG have identified the 2.3 GHz band as a possible candidate band for use by wireless broadband services in the EU. Such use is being considered in the context of LSA, since this would ensure the long-term incumbent use of the band in those Member States that wish to maintain existing use, while providing legal certainty for additional licensees.
2.4. Other EU policies
Article 8 (2) of the RSPP requires the Commission in cooperation with Member States, to identify possibilities for the use of spectrum in order to contribute to a low-carbon economy. They must also consider making spectrum available for wireless technologies with a potential for improving energy-saving and the efficiency of smart energy distribution grids and smart metering systems. In April 2012 the Commission conducted a ‘Public Consultation on Use of Spectrum for more efficient energy production and distribution’, which showed that there was no common position on the use of ICT infrastructure for smart grids and smart meters nor on dedicated or shared spectrum use, on a licenced or unlicensed basis.
Moreover, there is no common opinion on how mission-critical services should be provided. To this end, the Commission has launched a study on the ‘Use of commercial mobile networks and equipment for ‘mission-critical’ high-speed broadband communications in specific sectors’. Its goal is to explore the potential role of commercial mobile networks to ensure the provision of ‘mission-critical’ communications services, including smart energy grids. The study should provide recommendations on infrastructure and spectrum use for these applications.
3. The Radio Spectrum Decision
The Radio Spectrum Decision provided for regulatory tools in order to ensure the coordination of policy approaches and harmonised conditions for the availability and efficient use of radio spectrum necessary for the functioning of the internal market. It also established the Radio Spectrum Committee (RSC), whose role is to assist the Commission in the exercise of implementing powers which build on mandates to the CEPT to achieve the above mentioned policy objectives. Successful implementation of the RSD has built upon fostering good working relationships between the Commission and Member States represented in the RSC. This collaboration has been continued in the current implementation of the RSPP. All measures proposed to the RSC for voting have received a positive opinion. A list of decisions adopted between 2006 and 2013 is provided in Annex 1.
The Radio Spectrum Decision has proven successful in making available harmonised spectrum resources for strategic sectors in the internal market and is a positive example of cooperation with the Member States. Furthermore, the RSPP represents an important strategic framework for implementing Union spectrum policy using the mechanisms established by the RSD.
4. Conclusions
The RSPP has contributed to a more efficient use of spectrum by promoting spectrum sharing approaches e.g. by setting the goal of 1200 MHz for wireless broadband, and by initiating the process of the spectrum inventory which will be a tool to enable the Commission and Member States to define more fact-based policy. It has also helped to foster innovation and competition through more efficient spectrum use, thus making spectrum available for innovative services. The harmonisation of spectrum creates the potential for economies of scale, and allowing the widest possible spectrum usage conditions allows access to as many new applications as possible while respecting existing usage.
On the other hand, the RSPP has shown limitations due to the general character of some of the regulatory principles it established, which need to be more precise for effective implementation. While each Member State continues to set the authorisation conditions and procedures for spectrum, the large differences in these conditions and procedures contribute to the fragmentation of the internal market with a negative impact on integration of networks across borders, on available handset capabilities and to other disadvantages for consumers[14]. The mere exchange of information and best practices based on the general principles and conditions of the current framework does not appear to be sufficient to remove these barriers to the single market. Legal certainty on well-established common principles and criteria that are applied by Member States in a coordinated way throughout the Union appear to be the minimum necessary.
Delays in assigning the 800 MHz band demonstrate the need for more nimble and flexible mechanisms for the harmonised timing of assignments throughout the Union or for categories of Member States based on the characteristics of the wireless broadband market, and for the harmonised duration of spectrum usage rights. In this regard, it is important to ensure the efficient and timely assignment of existing harmonised spectrum in order to accrue the potential socio-economic benefits through digital services provided over wireless broadband networks.
More specific provisions are urgently needed in such areas. To address these shortcomings, the Commission has proposed concrete legislative measures as part of the Connected Continent package[15]. These establish a set of common spectrum authorisation principles and criteria coupled with a formal time-limited mechanism for peer review of national plans with a view to ensure best practice.
Furthermore, legal certainty on common timing and duration of spectrum assignments for wireless broadband will be beneficial to operators in their business case evaluations and in their cross-border strategies and will allow them to have more predictable access to spectrum and conditions for investment.
To ensure that radio spectrum policy effectively contributes to EU policies, there is a need to step up the coordination efforts being made under the strategic guidance of the RSPP and the successful technical implementation through the Radio Spectrum Decision, by strengthening the coordination of authorisations within Europe. A final report on the first RSPP and progress towards the targets set is planned for the end of 2015. Annex 1 – List of spectrum related decisions 2006-2013
Policy programme and definition
Date || Decision || Content
16 Dec 2009 || Commission Decision 2009/978/EC || Amending Decision 2002/622/EC establishing a Radio Spectrum Policy Group
14 Mar 2012 || Decision 243/2012/EU of the Parliament and the Council || Establishing a multi-annual radio spectrum policy programme (RSPP)
Wireless broadband
Date || Union Act || Content
12 Feb 2007 || Commission Decision 2007/90/EC || Amending Decision 2005/513/EC on the use the 5 GHz band for the implementation of Wireless Access Systems and Radio Local Area Networks
14 Feb 2007 || Commission Decision 2007/98/EC || Harmonisation of the radio spectrum in the 2 GHz band for systems providing mobile satellite services
21 May 2008 || Commission Decision 2008/411/EC || Harmonisation of the 3400 - 3800 MHz band for electronic communications services
13 Jun 2008 || Commission Decision 2008/477/EC || Harmonisation of the 2500-2690 MHz frequency band for electronic communications services
5 Aug 2008 || Commission Decision 2008/671/EC || Harmonisation of the 5875-5905 MHz frequency bands for safety-related applications of Intelligent Transport Systems (ITS)
16 Sep 2009 || Directive 2009/114/EC of the Parliament and the Council || Amending the GSM Directive to make the 900 MHz band available for any terrestrial system capable of providing electronic communications services that can coexist with GSM systems
16 Oct 2009 || Commission Decision 2009/766/EC || Harmonisation of the 900 MHz and 1800 MHz bands for electronic communications services
6 May 2010 || Commission Decision 2010/267/EU || Harmonisation of technical conditions of use in the 790-862 MHz band for electronic communications services
18 Apr 2011 || Commission Implementing Decision 2011/251/EU || Amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1800 MHz bands for electronic communications services
5 Nov 2012 || Commission Implementing Decision 2012/688/EU || Harmonisation of the 1920-1980 MHz and 2110-2170 MHz bands for electronic communications services
Information on the use of spectrum
Date || Commission Decision || Content
16 May 2007 || 2007/344/EC || Harmonisation availability of information regarding spectrum use within the Community
23 Apr 2013 || 2013/195/EU || Defining the practical arrangements, uniform formats and a methodology in relation to the radio spectrum inventory
Shared use
Date || Commission Decision || Content
9 Nov 2006 || 2006/771/EC || Harmonisation of the radio spectrum for use by short-range devices (SRD)
23 Nov 2006 || 2006/804/EC || Harmonisation of the radio spectrum for radio frequency identification (RFID) devices operating in the ultra-high frequency band
21 Feb 2007 || 2007/131/EC || Allowing harmonised use of the radio spectrum for equipment using ultra-wideband technology
23 May 2008 || 2008/432/EC || Amending Commission Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices
5 Aug 2008 || 2008/673/EC || Amending Decision 2005/928/EC on the harmonisation of the 169,4-169,8125 MHz frequency band for certain types of short range devices
13 May 2009 || 2009/381/EC || Amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices
21 Apr 2009 || 2009/343/EC || Amending Decision 2007/131/EC on allowing the use of the radio spectrum for equipment using ultra-wideband technology
30 Jun 2010 || 2010/368/EU || Amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices
29 Jul 2011 || 2011/485/EU || Amending Decision 2005/50/EC on the 24 GHz band for the time-limited use by automotive short-range radar equipment
8 Dec 2011 || 2011/829/EU || Amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices
11 Dec 2013 || 2013/752/EU || Amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC
Communications on board aircrafts and ships
Date || Commission Decision || Content
7 Apr 2008 || 2008/294/EC || Harmonised conditions of spectrum use for mobile communication services on aircraft
19 Mar 2010 || 2010/166/EU || Harmonisation conditions of use of radio spectrum for mobile communication services on board vessels
12 Nov 2013 || 2013/654/EU || Amending Commission Decision 2008/294/EC to include additional access technologies and frequency bands for mobile communications services on aircraft.
Transitional periods/sharing arrangements - Art. 4.5 of the Radio Spectrum Decision
Date || Commission Decision || Content
22 May 2007 || 2007/346/EC || France — limited emission powers for RFID
16 Dec 2008 || 2009/1/EC || Bulgaria — harmonisation of the 2500-2690 MHz band
25 Feb 2009 || 2009/159/EC || Austria — use of the 5875-5905 MHz band for safety-related applications of ITS
6 Oct 2009 || 2009/740/EC || France — harmonisation of the 2500-2690 MHz band
26 Oct 2009 || 2009/812/EC || France — harmonisation of the radio spectrum for use by short-range devices
31 Mar 2010 || 2010/194/EU || Bulgaria — harmonisation of the 2500-2690 MHz band
Derogations under Art. 6(4) of the RSPP Decision regarding the 800 MHz band
Date of Decision || Commission Decision notified to MSs || Content
23 Jul 2013 || C(2013) 4546 || Spain — 12 months
23 Jul 2013 || C(2013) 4547 || Poland —12 months
23 Jul 2013 || C(2013) 4569 || Hungary — 18 months
23 Jul 2013 || C(2013) 4570 || Austria — 9 months
23 Jul 2013 || C(2013) 4590 || Malta — 24 months
23 Jul 2013 || C(2013) 4592 || Slovakia — no derogation granted
23 Jul 2013 || C(2013) 4593 || Romania — until 5.4.2014
23 Jul 2013 || C(2013) 4594 || Slovenia — no derogation granted
23 Jul 2013 || C(2013) 4595 || Cyprus — 36 months
23 Jul 2013 || C(2013) 4608 || Finland — 12 months
23 Jul 2013 || C(2013) 4613 || Lithuania — 6 months*
17 Oct 2013 || C(2013)6765 || Greece — 30.10.2014
17 Oct 2013 || C(2013)6764 || Latvia — 30 months
9 Dec 2013 || C(2013)8690 || Czech Republic — 6 months**
* 30 months for 820-821 MHz sub-band
** Two districts only
[1] OJ L 81, 21.3.2012, p. 7–17
[2] OJ L 108, 24.4.2002, pp. 1–6
[3] The Radio Spectrum Policy Group is an advisory group to the Commission established under Decision 2002/622/EC
[4] CEPT is a technical cooperation platform where Members from 48 European countries cooperate in the area of posts, radio spectrum and telecommunication networks
[5] OJ L 113, 25.4.2013, pp. 18-21
[6] EFIS is an online database to fulfil EC Decision 2007/344/EC on the harmonised availability of information regarding spectrum use in Europe which is managed by the European Communications Office (ECO) in Copenhagen.
[7] Document RSPG13-543 (Annex 1): Work Programme public consultation 2014, p.2
[8] High Level Group press release, IP/14/14 of 13 January 2014
[9] OJ L 144, 4.6.2008, pp. 77–81; OJ L 163, 24.6.2008, pp. 37–41; OJ L 274, 20.10.2009, pp. 32–35
[10] Promoting the shared use of radio spectrum resources in the EU
[11] M 512 standardisation mandate to CEN, CENELEC AND ETSI for reconfigurable radio systems
[12] OJ L312, 11.11.2006, pp. 66-70
[13] OJ L 334, 13.12.2013, pp. 17-36
[14] Impact Assessment accompanying the Proposal for a Regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, SWD(2013) 331 final
[15] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Telecommunications Single Market - COM(2013) 634