Implementation of EU Implementation of EU Electronic Communication Electronic Communication

DirectivesDirectives

Package Comprises:Package Comprises:

Framework DirectiveFramework Directive Authorisation DirectiveAuthorisation Directive Access and Interconnection Access and Interconnection

DirectiveDirective Users Rights and Universal Service Users Rights and Universal Service

DirectiveDirective Decision on a Framework for Radio Decision on a Framework for Radio

Spectrum PolicySpectrum Policy

TimetableTimetable

Negotiations completed December 2001Negotiations completed December 2001 Anticipated adoption in EU Journal late Anticipated adoption in EU Journal late

February 2002February 2002 Directives come into force 15 months Directives come into force 15 months

later via UK Regs or Bill (late May 2003)later via UK Regs or Bill (late May 2003) Establishment of Communications Establishment of Communications

Committee and Radio Spectrum Committee and Radio Spectrum Committee in May/June 2002, working in Committee in May/June 2002, working in parallel with current groups parallel with current groups

Spectrum DecisionSpectrum Decision

Aimed to co-ordinate policy and -where Aimed to co-ordinate policy and -where appropriate- promote harmonisationappropriate- promote harmonisation

Establishes Radio Spectrum Committee Establishes Radio Spectrum Committee of Member States (RSC)of Member States (RSC)

Commission to propose technical Commission to propose technical implementing measures to RSCimplementing measures to RSC

Article 5 requires publication of Article 5 requires publication of spectrum access information spectrum access information

Framework Directive-1Framework Directive-1

Harmonised Framework for Networks Harmonised Framework for Networks and Servicesand Services

Powers and tasks exercised through Powers and tasks exercised through notified NRAsnotified NRAs

Objectives and principles based on Objectives and principles based on fairness, impartiality and transparency fairness, impartiality and transparency in how NRAs regulate “undertakings in how NRAs regulate “undertakings providing electronic networks and providing electronic networks and services”services”

Framework Directive-2Framework Directive-2

New mechanisms to demonstrate New mechanisms to demonstrate transparencytransparency

Increased requirements for Increased requirements for consultation, including Commission consultation, including Commission and other Member Statesand other Member States

New appeal provisionsNew appeal provisions

Framework Directive- 3Framework Directive- 3(Art 9: Managing Radio (Art 9: Managing Radio

Frequencies)Frequencies)

Member States required to provide Member States required to provide effective management of frequencies effective management of frequencies for servicesfor services

Based on objective, transparent, non-Based on objective, transparent, non-discriminatory criteriadiscriminatory criteria

Must promote harmonisation and use Must promote harmonisation and use efficient and effective criteria in efficient and effective criteria in accordance with policies agreed under accordance with policies agreed under Spectrum DecisionSpectrum Decision

Framework Directive -4Framework Directive -4(art 9: Spectrum (art 9: Spectrum

Transfers)Transfers)

Directive will permit transfer of Directive will permit transfer of rights to use radio frequencies rights to use radio frequencies between undertakingsbetween undertakings

NRAs should set procedures and NRAs should set procedures and notify and publish transfersnotify and publish transfers

Transfers may not undermine Transfers may not undermine harmonised decisionsharmonised decisions

Framework Directive -5Framework Directive -5(standards)(standards)

Commission encouraged to promote Commission encouraged to promote harmonised standards and Member harmonised standards and Member States encouraged to promote inter-States encouraged to promote inter-operability of services, taking account operability of services, taking account of European bodiesof European bodies

Commission may mandate or dis-apply Commission may mandate or dis-apply mandates for standards in EU Journal, mandates for standards in EU Journal, but without prejudice to R& TTE or but without prejudice to R& TTE or World Trade agreementsWorld Trade agreements

Framework Directive -6Framework Directive -6(committees)(committees)

Commission shall be assisted by Commission shall be assisted by “Communications Committee” “Communications Committee” representing Member States, to representing Member States, to oversee implementation of the oversee implementation of the packagepackage

Separate committees for spectrum Separate committees for spectrum issuesissues

Framework Directive- 7Framework Directive- 7(other general measures)(other general measures)

Directive also regulates numbers and Directive also regulates numbers and rights of way and encourages facility rights of way and encourages facility sharingsharing

Measures to regulate undertakings with Measures to regulate undertakings with significant market power and NRAs to significant market power and NRAs to define market definitions and market define market definitions and market analysis proceduresanalysis procedures

Also measures for resolving disputes Also measures for resolving disputes between undertakings and across bordersbetween undertakings and across borders

Authorisation Directive -1Authorisation Directive -1

Directive aims to harmonise and Directive aims to harmonise and simplify authorisation rules and simplify authorisation rules and conditions for networks and conditions for networks and servicesservices

It deregulates as far as possibleIt deregulates as far as possible

Authorisation Directive- 2Authorisation Directive- 2

Main concept is to provide “Main concept is to provide “general general authorisationsauthorisations” to undertakings ” to undertakings providing networks and servicesproviding networks and services

Member States/NRAs may not prevent an Member States/NRAs may not prevent an undertaking providing networks and undertaking providing networks and services unless it is necessary to protect services unless it is necessary to protect public security, safety or health and public security, safety or health and specific conditions may apply for scarce specific conditions may apply for scarce resources of frequencies, numbers or resources of frequencies, numbers or rights of wayrights of way

Authorisation Directive -3Authorisation Directive -3(general authorisations)(general authorisations)

No prior authorisation necessary for No prior authorisation necessary for undertakings to provide networks and undertakings to provide networks and services except for frequencies, numbers services except for frequencies, numbers and rights of wayand rights of way

NRAs may publish general rules and NRAs may publish general rules and conditions, but only for measures conditions, but only for measures published in Annex A of Directive, and published in Annex A of Directive, and require compliancerequire compliance

NRAs may require undertakings to registerNRAs may require undertakings to register

Authorisation Directive-4Authorisation Directive-4(Art 5: general authorisation for radio (Art 5: general authorisation for radio

frequencies)frequencies)

Wherever possible, general Wherever possible, general authorisations should apply to radio authorisations should apply to radio frequency use. A frequency use. A license exemption license exemption regulationregulation achieves this objective achieves this objective

NRAs could require registration of NRAs could require registration of undertakings (e.g a public or satellite undertakings (e.g a public or satellite operator), but not practical or operator), but not practical or intended for end usersintended for end users

Authorisation Directive- 5Authorisation Directive- 5(Art 5 and 6: rights of use)(Art 5 and 6: rights of use)

Where necessary to grant individual Where necessary to grant individual rights of use, they shall be granted rights of use, they shall be granted to any undertaking, upon request to any undertaking, upon request

Objective criteria under under Article Objective criteria under under Article 9 of Framework Directive must apply 9 of Framework Directive must apply to making such decisionsto making such decisions

only conditions included under only conditions included under Annex B may be appliedAnnex B may be applied

Authorisation Directive-6Authorisation Directive-6(rights of use)(rights of use)

When taking decisions on rights, Member When taking decisions on rights, Member States must use open, non discriminatory States must use open, non discriminatory and transparent proceduresand transparent procedures

May specify which rights may be May specify which rights may be transferredtransferred

Grants (i.e. licences) may be for Grants (i.e. licences) may be for appropriate limited periodsappropriate limited periods

Except for competitive awards, grants must Except for competitive awards, grants must be made within 6 weeks of NRA receiptbe made within 6 weeks of NRA receipt

Authorisation Directive-7Authorisation Directive-7(Art 7: limited rights of (Art 7: limited rights of

use)use)

When Member States consider When Member States consider limiting rights of use they must:limiting rights of use they must:

Give due weight to maximising Give due weight to maximising benefits to users and to benefits to users and to competitioncompetition

Give opportunity to potential users Give opportunity to potential users to express views to express views

Authorisation Directive- 8Authorisation Directive- 8(Article 7: limited rights of (Article 7: limited rights of

use)use)

Member States should review limited rights Member States should review limited rights regularly (e.g. our spectrum strategy)regularly (e.g. our spectrum strategy)

When new opportunity possible, publish When new opportunity possible, publish reasoning and invite further applicationsreasoning and invite further applications

When comparative or competitive selection When comparative or competitive selection used, time limits may extend to 8 months used, time limits may extend to 8 months as necessary to ensure fair proceduresas necessary to ensure fair procedures

All opportunities for application to be All opportunities for application to be published in a frequency authorisation planpublished in a frequency authorisation plan

Authorisation Directive-9Authorisation Directive-9(Art 8- harmonised (Art 8- harmonised

spectrum)spectrum)

When agreements made (through When agreements made (through spectrum decision) to harmonise spectrum decision) to harmonise use of frequencies, Member States use of frequencies, Member States must grant rights of use without must grant rights of use without imposing further conditions which imposing further conditions which would restrict or delay correct would restrict or delay correct implementationimplementation

Authorisation Directive-10Authorisation Directive-10(Arts 12 and 13: Charging (Arts 12 and 13: Charging

fees)fees)

Fees for general authorisations Fees for general authorisations may be levied to registered may be levied to registered undertakings but only to cover cost undertakings but only to cover cost of regulation. NRAs must then of regulation. NRAs must then publish and justify costing publish and justify costing mechanismsmechanisms

Spectrum pricing may be used Spectrum pricing may be used