Directive on the Authorisation of electronic communications

networks & Services Directive(2002/20/EC)

Authorisation Directive

Presented by:

Nelisa Gwele

Kaveh Hendizadeh

Outline

• Description of main sections of the directive

• Scope and aim

• General Provisions

• Obligations on Operators

• Any further Obligations

• Procedural Provisions

Authorisation Directive (2002/20/EC):Authorisation Directive (2002/20/EC):

• Is part of the new legislation framework for electronic communication sector which replaces the old legislation on telecommunications.

• The new legislative framework “Telecoms Package”

consist of Four directives namely : • Framework Directive ( 2002/21/EC)

Three other specific directives:• Access and Interconnection directive (2002/19/EC)• Universal Service Directive (2002/22/EC)• Privacy protection Directive(2002/58/EC)

Main Provision:

The replacement of individual licenses with general authorizations by MS to ensure:

1. freedom to provide electronic communications networks ands services subject to the conditions set out in this Directive (Art 3 (1));

2. that the provision of electronic communications networks or services is only

subject to a general authorization. (Art. 3 (2)); 3. that a simplified system of notification is put in place throughout the

Community (Art. 3(3);

4. assignment of frequencies in accordance with harmonized International agreements and Community rules (Art.8)

Aims/Objectives

• Article 1:Article 1:

• To Establish a harmonised marketmarket for electronic communications networks and services , by limiting regulation to the minimum that is necessary

• To harmonise and simplify the rulesrules and conditions for authorising electronic communications networks and services in order to facilitate their provision through out the community.

• To abolish individual licensing  in favour of a system of general authorisation and under which any operator is permitted to offer electronic communication services or to built network without licence , subject only to compliance with a set of generally applicable

conditions

SCOPE

Article 1(2):

• It covers authorizations for the provision of all electronic communications networks and services whether they are provided to the public or not (Rec. 4)and regardless of the technology used (Rec.2).

• It only applies to the granting of rights to use radio frequencies where such use involves the provision of an electronic communications network or service, normally for remuneration (Rec.5).

General ProvisionsArticle 4: The general authorization gives undertakings the right to provide electronic

communications networks or services ,to negotiate interconnection agreements with other providers and be given the opportunity to be designated as universal service provider within the European Community.

Article 5: Where possible, MS must not make the use of radio frequencies subject to the grant

of individual rights of use, but should include the conditions for using such frequencies in the general authorization

Article 6

General authorizations and specific rights of use may only be subject to conditions listed in Parts A, B and C of the Annex to this Directive. However, general authorizations shall only contain sector specific conditions which do not duplicate any conditions imposed by any section of National Law (Art. 6 (3))   

Obligations on operators

1. Notifications ( Art 3 (2) & (3))

2. Compliance with authorisation and usage rights conditions listed in the annex to this directive

3. Compliance with Universal Access obligations, where designated (ito Art. 4 (2)(b))

4. Payment of administrative charges (Art 12)

5. Payment of the usage fees (Article 13)

6. Provision of information upon request by NRAs (Art.10)

Any further Obligations

Article 17• MS to align existing authorizations with the provisions of this Directive;

provide for extensions where rights of networks or service providers are affected and notify such extensions to the Commission and state reasons therefore

Article 18  

• MS shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 24 July 2003 at the latest and notify the Commission of such transposition and subsequent

amendments.

Procedural Provisions (Continued)

Article 7 :Procedure for limiting the number of rights of use it shall: 1. Where a MS is considering whether to limit the number of

rights of use to be granted for radio frequencies, it shall(a) give due weight to the need to maximize benefits for users

and to facilitate the development of competition;(b) give all interested parties, including users and consumers, the

opportunity to express their views on any limitation (c) publish any decision to limit the granting of rights of use, (d) after having determined the procedure, invite applications for

rights of use (e) review the limitation at reasonable intervals or at the

reasonable request of affected undertakings. 

Procedural Provisions

2- Where a Member State concludes that further rights of Use for radio frequencies can be granted, it shall publish that conclusion and invite applications for such rights.

3- Where the granting of rights of use for radio frequencies needs to be limited, MS shall grant such rights on the basis of selection criteria which must be objective, transparent, non-discriminatory and proportionate.

4. Where competitive or comparative selection procedures are to be used, MS may extend the maximum period of six weeks referred to in Article 5(3) for as long as necessary to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no longer than eight months.

ENDThank You