Procedure : 2010/0252(COD)
Document stages in plenary
Document selected : A7-0151/2011

Texts tabled :

A7-0151/2011

Debates :

PV 09/05/2011 - 18
CRE 09/05/2011 - 18

Votes :

PV 11/05/2011 - 5.13
Explanations of votes
Explanations of votes

Texts adopted :

P7_TA(2011)0220

REPORT     ***I
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15 April 2011
PE 454.746v02-00 A7-0151/2011

on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme

(COM(2010)0471 – C7-0270/2010 – 2010/0252(COD))

Committee on Industry, Research and Energy

Rapporteur: Gunnar Hökmark

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on the Internal Market and Consumer Protection
 OPINION of the Committee on Culture and Education
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme

(COM(2010)0471 – C7-0270/2010 – 2010/0252(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0471),

–   having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0270/2010),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Culture and Education (A7-0151/2011),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a decision

Recital 1

Text proposed by the Commission

Amendment

(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. The radio spectrum policy programme supports the goals and key actions outlined in the EU2020 Strategy and the Digital Agenda, and is included among the 50 priority actions of the Single Market Act. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2009/140/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

Amendment  2

Proposal for a decision

Recital 2

Text proposed by the Commission

Amendment

(2) Spectrum is a key resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.

(2) Spectrum is a key public resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. An efficient use of the Spectrum also plays a role in the universal access to electronic communications, in particular for citizens and businesses located in less populated or remote areas, such as rural areas or islands. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.

Amendment  3

Proposal for a decision

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) A renewed economic and social approach with regard to the management, allocation and usage of the spectrum should be adopted, whereby particular focus is directed towards the formulation of regulation which ensures greater spectrum efficiency, better frequency planning and safeguards against anti-competitive behaviour and the taking of anti-social measures with regard to the usage of the spectrum.

Amendment  4

Proposal for a decision

Recital 3

Text proposed by the Commission

Amendment

(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport and energy.

(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation, employment creation, and simultaneously contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. The harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying wireless networks and the cost of wireless devices for consumers. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, culture and energy. A delay of the necessary reform by current right holders should be avoided at all costs.

Amendment  5

Proposal for a decision

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) This first programme should promote competition, introduce a pan-European level playing field and lay the foundation for a genuine single digital market. In order to secure the full potential and consumer benefits of this radio spectrum programme and the single market, the programme should be supplemented by upcoming and new proposals that will enable the development of the online economy such as data protection and a European licence system for online content;

Amendment  6

Proposal for a decision

Recital 4

Text proposed by the Commission

Amendment

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. It is also a key action in the Digital Agenda for Europe which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage with speeds of at least 30 Mbps for all Europeans by 2020, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. The explosion of, in particular, audiovisual media services and online content is driving demand for speed and coverage. It is also a key action in the Digital Agenda for Europe which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage. Providing the highest possible broadband speeds and capacity, ensuring not less than 30 Mbps for all by 2020 with at least half of European households having broadband access at a speed of at least 100 Mbps, is important for fostering economic growth and global competitiveness, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

Amendment  7

Proposal for a decision

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) The first programme must lay the foundations for a development whereby the Union can take the lead regarding broadband speeds, mobility, coverage and capacity. Such leadership is essential in order to establish a competitive digital single market working as a spearhead to open up the internal market for all Union citizens.

Amendment  8

Proposal for a decision

Recital 5

Text proposed by the Commission

Amendment

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

(5) The first programme should lay down the principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

Amendment  9

Proposal for a decision

Recital 7

Text proposed by the Commission

Amendment

(7) Ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

(7) Ensuring the optimal and productive use of spectrum as a public good may require the Commission and Member States to put in place innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing, besides traditional solutions like auctions. The application of such principles in the Union might be facilitated by identifying best practices and encouraging information sharing, as well as the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the most appropriate and least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services, and most appropriate in accordance with Article 5 of Directive 2002/20/EC.

Amendment  10

Proposal for a decision

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a) While technologically still in development, so-called "cognitive technologies" could already be further explored and even implemented through geolocalised information on spectrum usage, which could ideally be mapped in the inventory.

Amendment  11

Proposal for a decision

Recital 8

Text proposed by the Commission

Amendment

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union. In addition, with a view to achieving the objectives of the ‘Digital Agenda for Europe, part of the proceeds from the auctioning of spectrum rights (‘digital dividend’) should be used to speed up the expansion of broadband coverage.

Amendment  12

Proposal for a decision

Recital 9

Text proposed by the Commission

Amendment

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, a pan-European level playing field, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore conduct a thorough analysis of competition effects prior to new spectrum allocations as well as taking appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive). Member States may also take steps to achieve a more even allocation of spectrum between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics;

Amendment  13

Proposal for a decision

Recital 10

Text proposed by the Commission

Amendment

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use and the efficiency hereof, following a common review and assessment methodology, is necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 6 GHz, but also from 6 GHz to 70 GHz as these frequencies will become increasingly important following rapid technological developments. The inventory should be sufficiently detailed to identify inefficient technologies and usages in both the private and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs. In addition, taking into account the continuous growth of the number of applications using wireless data, Member States should promote the efficient use of spectrum for user applications.

Amendment  14

Proposal for a decision

Recital 11

Text proposed by the Commission

Amendment

(11) Harmonised standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms.

(11) Harmonised standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms, with the aim of avoiding harmful interference or disturbance to existing and future spectrum use. Moreover, Member States may, where appropriate, introduce, in accordance with national law, compensatory measures related to the direct cost of resolving interference issues and migration costs.

 

Amendment  15

Proposal for a decision

Recital 12

Text proposed by the Commission

Amendment

(12) In line with the objectives of the Commission's flagship initiative "Digital Agenda for Europe", wireless broadband could contribute substantially to economic recovery and growth if sufficient spectrum is made available, usage rights are awarded quickly and trading is allowed to adapt to market evolution. The Digital Agenda calls for all Union citizens to have access to broadband of at least 30 Mbps by 2020. Therefore, spectrum that has already been designated should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all, in particular within spectrum bands designated by Commission Decisions 2008/477/EC, 2008/411/EC and 2009/766/EC. To complement terrestrial broadband services and ensure coverage of most remote Union areas, affordable satellite broadband access could be a fast and feasible solution.

(12) In line with the objectives of the Commission's flagship initiative "Digital Agenda for Europe", wireless broadband services contribute substantially to economic recovery and growth if sufficient spectrum is made available, usage rights are awarded quickly and trading is allowed to adapt to market evolution. The Digital Agenda calls for all Union citizens to have access to broadband of at least 30 Mbps by 2020. Therefore, spectrum that has already been harmonised should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all, in particular within spectrum bands designated by Commission Decisions 2008/477/EC, 2008/411/EC and 2009/766/EC. To complement terrestrial broadband services and ensure coverage of most remote Union areas, affordable satellite broadband access could be a fast and feasible solution.

Amendment  16

Proposal for a decision

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a) According to multiple converging studies, mobile data traffic is increasing rapidly and is currently being doubled every year. At this pace, which is likely to continue in the coming years, mobile data traffic will have increased nearly 40 fold from 2009 to 2014. In order to manage this exponential growth, a number of actions will be required by regulators and market players including increased spectrum efficiency across the board, possible further harmonised spectrum allocations for wireless broadband, and traffic offload onto other networks via multi-mode devices.

Amendment  17

Proposal for a decision

Recital 12 b (new)

Text proposed by the Commission

Amendment

 

(12b) More flexible arrangements governing spectrum use should be introduced in order to foster innovation and high-speed broadband connections which enable firms to reduce their costs and increase their competitiveness and make it possible to develop new interactive online services, for example in the fields of education and health and services of general interest.

Amendment  18

Proposal for a decision

Recital 12 c (new)

Text proposed by the Commission

Amendment

(12c) A European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the internal market, creating a globally unique critical mass of users exposing all regions to new opportunities and giving each user increased value and the Union the capacity to be a world-leading knowledge-based economy. A rapid deployment of broadband is crucial for the development of European productivity and for the emergence of new and small enterprises that can be leaders in different sectors, for example healthcare, manufacturing and the services industry.

Amendment  19

Proposal for a decision

Recital 12 d (new)

Text proposed by the Commission

Amendment

(12d) The International Telecommunications Union (ITU) has estimated the future spectrum bandwidth requirements for the development of International Mobile Telecommunications-2000 (IMT-2000) and IMT-advanced systems (i.e. 3G and 4G mobile communications) as amounting to between 1280 and 1720 MHz in 2020 for the commercial mobile industry for each ITU region including Europe. Without the freeing up of additional spectrum, preferably harmonised at global level, new services and economic growth will be hindered by capacity constraints in mobile networks.

Amendment  20

Proposal for a decision

Recital 13

Text proposed by the Commission

Amendment

(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) In addition to a timely and pro-competitive opening up of the 900 MHz band in accordance with the "GSM" Directive 2009/114/EC, the 800 MHz band can be used in an optimal way for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. Speedy implementation in the context of that band is needed to avoid technical disturbances, particularly in the border regions between Member States.

Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. Additional spectrum for wireless broadband services in the 1.5 GHz band (1452-1492 MHz), the 2.3 GHz band (2300-2400 MHz) should be freed up to meet the increasing demand for mobile traffic and should ensure a level playing field between different technological solutions and support the emergence of pan-European operators within the Union. Further mobile service spectrum allocations, such as the 700 MHz band (694-790 MHz), should be evaluated depending on future capacity requirements for wireless broadband services and terrestrial TV.

Amendment  21

Proposal for a decision

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a) Increased mobile broadband opportunities are crucial to provide the cultural sector with new distribution platforms, thereby paving the way for the successful future development of the sector. It is essential that terrestrial TV services and other actors be able to maintain existing services when an additional part of the spectrum is freed up for wireless services. Migration costs, resulting from the opening up of additional spectrum, may be covered through licence fees, making it possible for broadcasters to have the same opportunities as are enjoyed today in other parts of the spectrum.

Amendment  22

Proposal for a decision

Recital 13 b (new)

Text proposed by the Commission

Amendment

 

(13b) Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2.4GHz and 5GHz. The feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC, should be assessed in relation to the inventory of existing uses of and emerging needs for spectrum, and depending on use of spectrum for other usages.

Amendment  23

Proposal for a decision

Recital 13 c (new)

Text proposed by the Commission

Amendment

 

(13c) While broadcast will remain an important distribution platform for content, as it is still the most economical platform for mass-distribution, broadband, fixed and mobile, and other new services provide new opportunities for the cultural sector to diversify its range of distribution platforms, to deliver on-demand services and to tap into the economic potential of the major increase in data traffic.

Amendment  24

Proposal for a decision

Recital 13 d (new)

Text proposed by the Commission

Amendment

(13d) Similar to the "GSM" standard, which was successfully taken up around the world thanks to an early and decisive pan-European harmonisation, the Union should aim to set the global agenda for future spectrum re-allocations especially for the most efficient part of the spectrum. Agreements in the World Radio Conference 2016 will be pivotal to ensure global harmonisation and co-ordination with neighbouring third countries.

Amendment  25

Proposal for a decision

Recital 13 e (new)

Text proposed by the Commission

Amendment

(13e) Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2.4GHz and 5GHz. In order to accommodate the next generation of wireless technologies, wider channels are required, enabling speeds in excess of 1Gbps.

Amendment  26

Proposal for a decision

Recital 14

Text proposed by the Commission

Amendment

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions should be defined in concerted action among Member States and with the Commission. Conditions should primarily ensure new entrants' access to lower bands through auctions or other competition procedures. Conditions could also include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum, facilitating the emergence of new pan-European services and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

Amendment  27

Proposal for a decision

Recital 15

Text proposed by the Commission

Amendment

(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, public protection and disaster relief, e-health and e-inclusion. Optimising synergies between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. The Commission's Joint Research Centre should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for SMEs, e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities.

(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, culture, e-health, e-inclusion and public protection and disaster relief (PPDR), the latter in view of its increased use of video and data transmission for quick and more efficient service. Optimising synergies and direct links between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. Relevant research organisations should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for SMEs, e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities.

Amendment  28

Proposal for a decision

Recital 17

Text proposed by the Commission

Amendment

(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.

(17) Protection of public health against electromagnetic fields is essential for citizens' wellbeing and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to attain a better understanding of the responses of living organisms to electromagnetic fields and to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types. While achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral.

Amendment  29

Proposal for a decision

Recital 18

Text proposed by the Commission

Amendment

(18) Essential public interest objectives such as safety of life call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available on a coherent basis for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for public protection and disaster relief, across the Union in the next 5 to 10 years.

(18) Essential public interest objectives such as safety of life call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available in a coordinated pan-European block of radio spectrum for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for public protection and disaster relief, across the Union in the next 5 to 10 years. Any additional harmonised allocation of spectrum for PPDR below 1GHz should also include a review of potential to free up or share other PPDR-held spectrum.

Amendment  30

Proposal for a decision

Recital 19

Text proposed by the Commission

Amendment

(19) Spectrum regulation has strong cross-border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended8 means that Member States shall not enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and play a role in multilateral negotiations, including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law.

(19) Spectrum regulation has strong cross-border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended8 means that Member States shall not enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and ensure the Union speaks with one voice in multilateral negotiations to create global synergies and economies of scale in the use of spectrum, including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law.

Amendment  31

Proposal for a decision

Recital 21

Text proposed by the Commission

Amendment

(21) The 2012 WRC includes specific issues of Union relevance such as the digital dividend, scientific and meteorological services, sustainable development and climate change, satellite communications and the use of spectrum for GALILEO (established by Council Regulation (EC) No 876/20029 setting up the Galileo Joint Undertaking and Council Regulation (EC) No 1321/200410 on the establishment of structures for the management of the European satellite radio-navigation programmes), as well as the Global Monitoring for Environment and Security European programme11 for the improved use of Earth observation data.

(21) To avoid the growing pressure on frequency band reserved for satellite navigation and satellite communication their bandwidth must be secured in the new planning of spectrum use. The 2012 WRC includes specific issues of Union relevance such as the digital dividend, scientific and meteorological services, sustainable development and climate change, satellite communications and the use of spectrum for GALILEO (established by Council Regulation (EC) No 876/20029 setting up the Galileo Joint Undertaking and Council Regulation (EC) No 1321/200410 on the establishment of structures for the management of the European satellite radio-navigation programmes), as well as the Global Monitoring for Environment and Security European programme11 for the improved use of Earth observation data.

Amendment  32

Proposal for a decision

Recital 22

Text proposed by the Commission

Amendment

(22) Member States may also need support on frequency coordination in bilateral negotiations with non-Union neighbouring countries, including accession or candidate countries, to meet their Union obligations on frequency coordination issues. This should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond Union borders. Action is particularly pressing in the 800 MHz and 3.4-3.8GHz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control.

(22) Member States are encouraged to continue bilateral negotiations with neighbouring third countries, including candidate and potential candidate countries, to meet their Union obligations on frequency coordination issues and to try to find agreements which can set a positive precedent for other Member States. The Union shall assist Member States with technical and political support in their bilateral and multilateral negotiations with third countries, in particular neighbouring countries including candidate and potential candidate countries. This should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond Union borders. Action is particularly pressing in the 800 MHz and 3.4-3.8GHz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control.

Amendment  33

Proposal for a decision

Recital 24

Text proposed by the Commission

Amendment

(24) The Commission should report to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions.

(24) The Commission should report annually to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions.

Amendment  34

Proposal for a decision

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25a) This Decision is without prejudice to the protection afforded to market players by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1.

 

---------------

1 OJ L 337, 18.12.2009, p. 37.

Amendment  35

Proposal for a decision

Article 1

Text proposed by the Commission

Amendment

Article 1

Article 1

Aim

Aim and scope

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

1. This Decision establishes a multi-annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

 

2. This Decision covers the internal market in all Union policy areas involving the use of spectrum such as, but not limited to, electronic communications, research, development and innovation, transport, energy and audio-visual policy;

 

3. This Decision is in accordance with existing Union law, in particular Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 1999/05/EC, as well as Decision No 67/2002/EC, and also with measures taken at national level, in compliance with Union law and with specific international agreements, taking into account the ITU Radio Regulations;

 

4. This Decision is without prejudice to measures taken at national level, in full compliance with Union law, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy;

Amendment  36

Proposal for a decision

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

Article 2

Article 2

Application of general regulatory principles

General regulatory principles

Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:

1. Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, reflecting the important social, cultural and economic value of spectrum;

(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

(b) applying the most appropriate, non-discriminatory and least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) guaranteeing the development of the internal market and digital services by ensuring effective competition, a pan-European level playing field and by promoting the emergence of future pan-European services;

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) promoting innovation;

 

(e) taking full account of the relevant Union law on human health of electromagnetic field emissions when defining the technical conditions of the use of spectrum.

 

(f) promoting technology and services neutrality in the use of the spectrum.

Amendment  37

Proposal for a decision

Article 2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. For electronic communications, the following specific principles apply, in accordance with Articles 8a, 9 and 9b of Directive 2002/21/EC and with Decision 676/2002/EC:

 

(a) applying technology and service neutrality in the use of spectrum for electronic communications networks and services and the transfer or lease of individual rights to use radio frequencies;

 

(b) promoting the harmonisation of use of radio frequencies across the Union, in a way that is consistent with the need to ensure effective and efficient use;

 

(c) facilitating increased mobile data traffic and broadband services, in particular by fostering flexibility, and to promote innovation, taking account of the need to avoid harmful interference and ensure technical quality of service;

 

(d) maintaining and developing effective competition by preventing, through ex ante or ex post measures, the excessive accumulation of radio frequencies which results in significant harm to competition.

Amendment  38

Proposal for a decision

Article 3 – point a

Text proposed by the Commission

Amendment

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient and appropriate spectrum allocated for mobile data traffic, amounting to at least 1200 MHz by 2015, unless specified otherwise in the Radio Spectrum Policy Programme,

to support Union policy objectives, to best meet the increasing demand for mobile data traffic, thereby allowing the development of commercial and public services, while taking into account important general interest objectives such as cultural diversity and media pluralism;

Amendment   39

Proposal for a decision

Article 3 – point a a (new)

Text proposed by the Commission

Amendment

(aa) bridge the digital divide and realise the objectives of the Digital Agenda, ensuring that all Union citizens have access to broadband, not less than 30 Mbps by 2020 and making it possible for the Union to have the highest possible broadband speed and capacity;

Amendment  40

Proposal for a decision

Article 3 – point a b (new)

Text proposed by the Commission

Amendment

 

(ab) enable the Union to take the lead in wireless electronic communication broadband services by opening up sufficient additional spectrum in the most cost-efficient bands for these services to be widely available;

Amendment  41

Proposal for a decision

Article 3 – point a c (new)

Text proposed by the Commission

Amendment

(ac) secure opportunities for both the commercial sector as well as public services by means of increased mobile broadband capacities;

The amendment is self-explanatory.

Amendment  42

Proposal for a decision

Article 3 – point b

Text proposed by the Commission

Amendment

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through a consistent application across the Union of the principles of technology and service neutrality so as to ensure a pan-European level playing field between the technological solutions that may be adopted and through adequate regulatory predictability, the opening up of harmonised spectrum to new advanced technologies, and the possibility to trade spectrum rights, thereby creating opportunities for future pan-European services to be developed;

Amendment  43

Proposal for a decision

Article 3 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) encourage passive infrastructure sharing where this would be proportionate and non-discriminatory, as envisaged in Article 12 of Directive 2002/21/EC;

Amendment  44

Proposal for a decision

Article 3 – point d

Text proposed by the Commission

Amendment

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition;

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition by means of withdrawal of frequency rights or other measures, or by assigning frequencies in ways that correct market distortions;

Amendment  45

Proposal for a decision

Article 3 – point e

Text proposed by the Commission

Amendment

(e) reduce the fragmentation of the internal market by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum, as appropriate, including the development of transnational services, and by promoting economies of scale at Union level;

(e) reduce the fragmentation and fully exploit the potential of the internal market in order to establish a pan-European level playing field in order to foster economic growth and economies of scope and scale at Union level by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum, as appropriate;

Amendment  46

Proposal for a decision

Article 3 – point g

Text proposed by the Commission

Amendment

(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions.

(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions and apply them in a way that is technology and service neutral.

Amendment  47

Proposal for a decision

Article 3 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) ensuring the accessibility of new consumer products and technologies so as to secure consumer endorsement for the transition to digital technology and efficient use of the digital dividend;

Amendment  48

Proposal for a decision

Article 3 – point g b (new)

Text proposed by the Commission

Amendment

 

(gb) reduce the Union's carbon footprint by enhancing the technical efficiency of wireless communication networks and applications;

Amendment  49

Proposal for a decision

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures that are similar to each other and appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz, thereby allowing the highest possible capacity and broadband speeds to be achieved, as well as making effective competition possible.

Amendment  50

Proposal for a decision

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum.

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared and unlicensed use of spectrum, and foster current and new technologies such as geolocation databases and cognitive radio to develop for example in white spaces after proper impact assessment is made.

 

Amendment  51

Proposal for a decision

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies.

3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies. Special attention shall also be given to standards for equipment to be used by disabled people, without, however, depriving them of the right to use non-standardised equipment if that is their preference. Efficient coordination of spectrum harmonisation and standardisation will be particularly important in this regard so that consumers can use appliances that depend on radio spectrum without restriction and throughout the internal market.

Amendment  52

Proposal for a decision

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Member States shall intensify R&D on new technologies such as cognitive technologies as their development could represent an added-value in the future in terms of efficiency of spectrum use.

Amendment  53

Proposal for a decision

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote competition and a pan-European level playing field, investment and efficient use of spectrum as a public good, as well as co-existence between new and existing services and devices. In addition, Member States shall promote the ongoing efficient use of spectrum for both networks and user applications.

Amendment  54

Proposal for a decision

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States, shall develop guidelines on authorisation conditions and procedures for such bands, in particular on infrastructure sharing and coverage conditions;

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States and in accordance with the principle of subsidiarity, shall identify best practices and encourage sharing of information for such bands and develop guidelines on authorisation conditions and procedures for such bands, for example on infrastructure sharing and coverage conditions, to ensure a pan-European level playing field, achieved through the principles of technology and service neutrality;

Amendment  55

Proposal for a decision

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6. Whenever necessary in order to ensure the effective use of spectrum rights and avoid spectrum hoarding, Member States shall take appropriate measures including financial penalties or the withdrawal of rights.

6. In order to ensure the effective use of spectrum rights and avoid spectrum hoarding, Member States shall, where necessary, take appropriate measures including financial penalties, use of incentive fees tools and withdrawal of rights.

Amendment  56

Proposal for a decision

Article 4 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. The measures provided for in paragraph 1 shall be taken in addition to the opening of the 900 MHz band in the near future, in line with the "GSM" Directive and in such a manner as to promote competition. Such measures must be taken in a non-discriminatory manner and may not distort competition to the advantage of operators already dominant in the market.

Amendment  57

Proposal for a decision

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall maintain and promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it.

1. Member States shall maintain and promote effective competition and avoid distortions of competition in both the internal market and specific national markets.

Amendment  58

Proposal for a decision

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any accumulation, transfer or modification of rights of use for radio frequencies, Member States may adopt inter alia the following measures, which are without prejudice to the application of competition rules:

 

2. In order to fully implement the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any assignment, accumulation, transfer or modification of rights of use for radio frequencies, Member States shall, prior to a planned spectrum assignment, carefully examine whether the assignment is likely to distort or reduce competition in the mobile markets concerned, taking into account existing spectrum rights held by relevant market operators. If the spectrum assignment is likely to distort or reduce competition, Member States shall adopt the most appropriate measures to promote effective competition, and at least one of the following measures, which are without prejudice to the application of competition rules:

Amendment  59

Proposal for a decision

Article 5 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

(a) Member States may limit the amount of spectrum for which rights of use are granted to any operator or may attach conditions to such rights of use, such as the provision of wholesale access, national or regional roaming, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

Amendment  60

Proposal for a decision

Article 5 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) Member States may reserve a certain part of a spectrum band or group of bands to be assigned to new entrants that have not previously been assigned any spectrum or that have been assigned considerably less spectrum to ensure a level playing field between early entrants to the mobile market and new entrants by securing access to lower spectrum bands on equal terms;

Amendment  61

Proposal for a decision

Article 5 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) Member States may refuse to grant new rights of use or to allow new spectrum usages in certain bands, or may attach conditions to the grant of new rights of use or to the authorisation of new spectrum usages, when this would lead to an accumulation of spectrum frequencies by certain economic operators which is likely to result in significant harm to competition;

(b) Member States may refuse to grant new rights of use or to allow new spectrum usages in certain bands, or may attach conditions to the grant of new rights of use or to the authorisation of new spectrum usages, when this would lead to an accumulation of spectrum frequencies by certain economic operators, in cases where such accumulation is likely to result in significant harm to competition;

Amendment  62

Proposal for a decision

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) Member States may amend the existing rights in accordance with Article 14 of Directive 2002/20/EC when this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which significantly harms competition.

(d) Member States may amend the existing rights in accordance with Article 14 of Directive 2002/20/EC when this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which is likely to distort competition.

Amendment  63

Proposal for a decision

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Where Member States wish to adopt any such measures as are referred to in paragraph 2, they shall do so by imposing conditions in conformity with the procedures for the imposition or variation of such conditions on the rights to use spectrum laid down in Directive 2002/20/EC.

Amendment  64

Proposal for a decision

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays, are non-discriminatory and promote effective competition by preventing any potential anti-competitive outcomes, for the benefit of EU citizens and consumers.

Amendment  65

Proposal for a decision

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the Union, in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 Mbps by 2020.

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient harmonised spectrum for coverage and capacity purposes is allocated within the Union, enabling the Union to have the fastest broadband speed in the world in order to ensure that wireless applications and European leadership in new services contribute effectively to economic growth, achieving the target for all citizens to have access to broadband speeds of not less than 30 Mbps by 2020.

Amendment  66

Proposal for a decision

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services.

2. Member States shall, by 1 January 2012, make the bands designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), available, in order to promote wider availability of wireless broadband services for the benefit of EU citizens and consumers, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in those Commission Decisions.

Amendment  67

Proposal for a decision

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall promote the ongoing upgrade by providers of electronic communications of their networks to the latest, most efficient technology, in order to create their own dividends.

Amendment  68

Proposal for a decision

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess whether additional spectrum could be freed and made available for new applications.

3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. Only in exceptional cases duly justified for technical and historical reasons, the Commission may authorise specific derogations until the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional annual derogations until such obstacles are removed. In accordance with Article 9 of Directive 2002/21/EC, the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess whether additional spectrum could be freed and made available.

Amendment  69

Proposal for a decision

Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The Commission is invited to take action, in cooperation with Member States, at the appropriate levels to achieve further harmonisation and a more efficient use of the 1.5 GHz band (1452-1492 MHz) and the 2.3 GHz band (2300-2400 MHz) for wireless broadband services.

 

The Commission shall continuously monitor the capacity requirements for wireless broadband services and, in cooperation with Member States, asses, no later than 1 January 2015, the need for action to harmonise additional spectrum bands, such as the 700 MHz band (694-790 MHz). This assessment shall take into account the evolution of spectrum technologies, market experiences with new services, the possible future needs of terrestrial radio and television broadcasting and the lack of spectrum in other bands adequate for wireless broadband coverage.

 

Member States may ensure that, where appropriate, the direct cost of migration or reallocation of spectrum usage is adequately compensated in accordance with national law.

Amendment  70

Proposal for a decision

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users.

4. The Commission, in cooperation with Member States, shall ensure that the provision of access to broadband services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, for example through coverage obligations achieved in accordance with the principles of technology and service neutrality;

 

Member States, in cooperation with the Commission, shall examine ways and, where appropriate, take technical and regulatory measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users.

Amendment  71

Proposal for a decision

Article 6 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The Commission, in cooperation with Member States, shall assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems including radio local area networks established by Decision 2005/513/EC to the entire 5GHz band.

 

The Commission is invited to pursue the adopted harmonisation agenda at the relevant international fora, notably the ITU World Radiocommunication Conferences.

Amendment  72

Proposal for a decision

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the 800 MHz band), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the "800 MHz band"), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz and in other additional parts of the spectrum freed up for mobile services, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in the Commission decisions adopted pursuant to Decision No 676/2002/EC.

Amendment  73

Proposal for a decision

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. In order to ensure that all citizens have access to advanced digital services including broadband, in particular in remote and sparsely populated areas, Member States and the Commission may explore the availability of sufficient spectrum for the provision of broadband satellite services enabling Internet access.

Amendment  74

Proposal for a decision

Article 6 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. Member-States, in cooperation with the Commission, shall examine the possibility to spread the availability and use of picocells and femtocells.

Amendment  75

Proposal for a decision

Article - 7 (new)

Text proposed by the Commission

Amendment

 

Article -7

Spectrum needs for other wireless communication policies

 

In order to support the further development of innovative audiovisual media and other services to European citizens, taking into account the economic and social benefits of a digital single market, Member States, in cooperation with the Commission, shall ensure sufficient spectrum availability for satellite and terrestrial provision of such services.

Amendment  76

Proposal for a decision

Article 7 – title

Text proposed by the Commission

Amendment

Spectrum needs for specific Union policies

Spectrum needs for other specific Union policies

Amendment  77

Proposal for a decision

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. In cooperation with the Member States, the Commission shall conduct studies and examine the possibility to design authorisation schemes which would contribute to a low-carbon policy, by saving energy in the use of spectrum as well as by making spectrum available for wireless technologies with a potential for improving energy saving, including smart energy grids and smart metering systems.

2. In cooperation with the Member States, the Commission shall conduct studies and examine the possibility to design authorisation schemes which would contribute to a low-carbon policy, by saving energy in the use of spectrum as well as by making spectrum available for wireless technologies with a potential for improving energy savings and efficiency of other distribution networks such as water supply, including smart energy grids and smart metering systems.

Amendment  78

Proposal for a decision

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. The Commission shall ensure that sufficient spectrum is made available under harmonised conditions and in harmonised bands for PPDR (Public Protection&Disaster Relief) and to take actions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for PPDR. To ensure the efficient use of spectrum, the Commission shall in this regard examine the possibility of PPDR using military frequencies.

Amendment  79

Proposal for a decision

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States and the Commission shall review the spectrum needs of, and collaborate with, the scientific community; identify a number of research and development initiatives and innovative applications that may have a major socio-economic impact and/or potential for investment and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden.

4. Member States and the Commission shall review the spectrum needs of, and collaborate with, the scientific and academic community; identify a number of research and development initiatives and innovative applications that may have a major socio-economic impact and/or potential for investment and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden.

Amendment  80

Proposal for a decision

Article 7 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. Member States shall, in cooperation with the Commission, seek to find a minimum set of harmonised core bands for programme making and special events (PMSE) in the Union, according to the Union's objectives to improve the integration of the internal market and access to culture. These harmonised bands shall be of the frequency 1GHz or higher.

Justification

Touring artists and groups are currently facing problems as wireless microphones have been given different frequencies not only in different Member States but also between different towns and regions. PMSEs do not need large covering areas and therefore frequencies above 1GHz would be ideal.

Amendment  81

Proposal for a decision

Article 7 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

 

4b. Member States and the Commission shall ensure spectrum availability for RFID and other Internet of Things (IOT) wireless communication technologies and shall work towards standardisation of spectrum allocation for IOT communication across Member States.

Amendment  82

Proposal for a decision

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission shall create an inventory of the entire existing radio spectrum use, for which purpose Member States shall provide all necessary factual data.

 

The information provided by the Member States shall be sufficiently detailed to allow for the inventory to assess the efficiency of the spectrum use as well as identify possible future opportunities for spectrum harmonisation in order to support Union policies.

 

As an initial step, the inventory shall include frequencies in the range from 300 MHz to 6 GHz, to be followed by frequencies from 6 GHz up to 70 GHz.

 

If necessary the Member States shall supply information on a licence-specific basis both including commercial and public sector users without prejudice to the withholding of business-sensitive and confidential information.

Amendment  83

Proposal for a decision

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

2. The inventory referred to in paragraph (1) shall, on the basis of clearly defined and transparent criteria and methods, allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities, based on transparent, clear and jointly defined assessment criteria and methodologies. It shall also ensure that, where spectrum use is not optimal, the necessary measures are taken in order to maximise efficiency. It shall take into account future needs, including long-term needs, for spectrum based on consumers’, communities’, businesses' and operators’ demands, and of the possibility to meet such needs.

Amendment   84

Proposal for a decision

Article 8 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The inventory shall also include a report of the measures taken by the Member States in order to implement decisions at EU level regarding the harmonisation and use of the specific frequency bands.

Amendment  85

Proposal for a decision

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.

1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests and to ensure the Union has a single position, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.

Amendment  86

Proposal for a decision

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Union law, and that a sufficient amount of appropriately protected spectrum is available for Union sectoral policies.

3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Union law, and that a sufficient amount of appropriately protected spectrum is available for the implementation of Union sectoral policies.

Amendment   87

Proposal for a decision

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

4. In order to resolve spectrum coordination issues that would otherwise prevent Member States from implementing their obligations under Union law regarding spectrum policy and management, the Union shall assist Member States with political and technical support in their bilateral and multilateral negotiations with third countries, in particular non-Union neighbouring countries including candidate and acceding countries. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

Amendment  88

Proposal for a decision

Article 12

Text proposed by the Commission

Amendment

By 31 December 2015, the Commission shall conduct a review of the application of this radio spectrum policy programme and report to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision.

By 31 December 2015, the Commission shall conduct a review of the application of this radio spectrum policy programme. The Commission shall report annually to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision.

(1)

OJ C 107, 6.4.2011, p. 53–57.


EXPLANATORY STATEMENT

European Union is the world's biggest economy. Neither US nor China are bigger, contrary to what is usually said in the discussion about who is and will be the number one in the global economy. The difference is that US and China have the bigger markets, by that offering better preconditions for competition, competitiveness, new services, products and innovations. The need for one single internal market is crucial for Europe to take a leadership in the global economy, with a focus on the service sector and the knowledge economy. It is a paradox that the more the European economy develops into a knowledge economy, the less is the internal market offering the opportunities to European businesslike.

The Digital agenda and the digital economy can serve as a spearhead for making the internal market real for all parts of our economy. This requires an ability to form a leadership regarding broadband and the use of Internet. It is crucial to regain the global leadership for European telecom industry but also in order to be in the lead of the development of information technologies as such and the emergence of new services and applications. But it is also, even more important, crucial in order to create a momentum for higher productivity, cohesion, competitiveness, and the access to one single market for the European industry in its whole.

The rapporteur's strong view is that Europe must be in the lead in this process of change, creating the best opportunities for a competitive European knowledge economy characterized by vitality, change and innovations. That requires the access to the best capacity and the highest speed for Internet and broadband applications.

Today Europe is lagging behind other global actors with US and China freeing up big parts of the spectrum in order to allow for the rapid development of new services and high speeds for mobile Internet connecting their citizens with high capacities.

We must aim for making Europe the best and make what is best for Europe: opening up for new services and increased mobile traffic, laying the ground for new opportunities for culture and content, broadcasters and public services in the framework of broadband and at the same time securing the same opportunities for broadcasting as of today.

The objectives set by the Digital Agenda show: broadband coverage by 2013 for all the citizens of Europe and, by 2020, high speed coverage to 30 megabits per second or more (up to 100 Mbps for half of households in Europe). These objectives must be seen as a minimum and the ambitions and the targets of the spectrum policy must contribute to Europe having the world's best capacity and highest broadband speeds. Our aim must be to make Europe the leader of the development in this area, thereby making Europe the leader in telecom as well as in the development of new services and in utilizing the increased productivity of advanced broadband services.

In comparison, South Korea has devised a national plan for 1.000 Mbps (one gigabit) connection to be common place by 2012. Already now South Korea is in the lead with current average connection of 12 Mbps (In Europe merely 18% of the connections are currently above 10 Mbps). EU must be able to compete with all regions in the world in order to be the Number one.

Wireless broadband is essential to ensure to all citizens the availability of new and innovative services. Europe cannot lag behind. It seems obvious that this objective cannot be achieved through the use of optical fibre the installation of which requires considerable investment, but through the use of a mix of wireless technologies available to extend the coverage of the broadband (Radio terrestrial, cable, fibre or satellite systems) to cover the whole Community territory, rural and peripheral areas included, allowing the market the choice of the more efficient technology from the point of view of cost for operators and citizens.

Without wireless broadband platforms a 100% coverage cannot be met. We should adapt to technological developments and changing viewing patterns and ensure that TV can be accessed on all platforms, including mobile platforms.

Consumer demand for bandwidth is growing very rapidly. Roll out of optical fibre (fixed lines) is costly and will not be able to meet the full demand for bandwidth.

Different sources claiming that data traffic will double every year through 2013, or that it will have increased 6 fold between 2008 and 2013. In 2009 the number of 3G subscribers in the 27 Member States of the EU has grown to 166 million, which exceeds the number of fixed broadband lines within the EU. The United Kingdom based O2 reported that its mobile data traffic in Europe doubled every three months in 2009; Telecom Italia announced that its mobile traffic grew 216 percent from mid-2008 to mid-2009. AT&T has reported that its mobile traffic increased 5000 percent in the past 3 years. The CEO of Ericsson has prediction that 50 billion devices will be connected by 2020. According to the Cisco visual networking index, globally, mobile data traffic will double every year through 2014, increasing 39 times between 2009 and 2014.

Hence the reason for why Europe needs to set free more spectrum for wireless broadband. This must and can be done with respect for present broadcasting, ensuring same opportunities for broadcasters as today, compensating for eventual migration costs when needed. Mobile broadband opportunities must be of the kind that broadcasting and culture is a natural part of the development of wireless services.

1. General comments

The Directive 2009/140/EC of the European Parliament and of the Council, amending previous Directives 2002/21 on common regulatory frame, Directive 2002/19 on access and interconnections, Directive 2002/20 on authorizations of ECN and services, asserts in recital 28 the competence of the Member States over the spectrum managements functions, but the strategic planning, coordination and, where appropriate, harmonisation, at Community level can help to ensure deriving the full benefits of the Internal Market.

For this purpose, legislative multiannual radio spectrum policy programmes should be established to set out the policy orientations and objectives for the strategic planning and harmonisation of the use of the radio spectrum in the Community.

The five-year programme on Radio Spectrum Policy (RSPP) presented last 20 September 2010 by the European Commission is intended to ensure that a part of the digital dividend obtained by the transition from analogical to digital technology is available to wireless broadband services across the EU towards a harmonised use of the 800 MHz band (790-862 MHz). The proposal recalls some positions already expressed by the European Parliament a few months ago, with the adoption of the report on "A new Digital Agenda for Europe: 2015.eu (Del Castillo report A7-0066/2010)".

The RSPP points to a closer interaction between the imperatives of the Internal Market and the selection of Radio Spectrum EU strategic priorities, planning and harmonisation measures, at the same time offering security to private entities, operators, manufacturers, users or public administrations, to have a long term policy and programmes based on a set of solid legislative measures.

The proposal for a decision on RSPP is based on Article 114 of the Treaty on the Functioning of the European Union (TFEU) regarding the establishment of the internal market and takes into account the principles of subsidiarity and proportionality. While acknowledging that the spectrum is a national resource, the strategic objectives set by Article 3 of the proposal - those of having sufficient radio spectrum for achieving the strategic objectives of the EU, to improve the use of radio spectrum through flexible use to ensure effective competition in spectrum use - need a coordinated approach at European level.

Article 5 of the TFEU establishes the principle of subsidiarity as one of the fundamentals of the Union to articulate the powers of the Member States with the competences of the EU. The Directive on Better Regulation recognizes the competence of Member States on spectrum management subject to EU harmonization, where appropriate, when that is the best manner to achieve the benefits of the Internal Market.

There is a clear distinction between technical harmonization by the European Commission by means of the technical implementing measures, and legislative harmonization which requires the specific assessment of the conditions for subsidiarity.

2. Specific comments

Policy objectives (article 3)

It is important to ensure that sufficient spectrum for capacity and coverage purposes is allocated in a way that the increased demand for mobile data traffic can be met and that all EU citizens can access high speed broadband, as defined in the Digital Agenda. Europe must be ambitious and aim to allocate at least 1200 MHz for wireless services.

Spectrum for wireless broadband communications (article 6)

The rapporteur believes that it is crucial to defend the dates as set out by the Commission (For example 800 MHz band available for electronic communication services by 1 Jan 2013). Any exceptions or derogations should only be given for purely technical reasons while specific needs for security and defence must be taken into account. Bands already designated by the Commission should be freed up by 1 January 2012, according to the Commission's proposal.

The Union has to work for getting more frequencies allocated for mobile services, with a target of a minimum amount of 1200 MHz. It is necessary to get the right principles in place that can enable additional spectrum releases in the future.

Several problems can to be addressed among which the cost of clearing the band is the most obvious. Member States shall be responsible for compensating relevant actors for additional costs when needed.


OPINION of the Committee on the Internal Market and Consumer Protection (23.3.2011)

for the Committee on Industry, Research and Energy

on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme

(COM(2010)0471 – C7-0269/2010 – 2010/0252(COD))

Rapporteur: Eija-Riitta Korhola

SHORT JUSTIFICATION

1. The first Radio Spectrum Policy Programme (RSPP) is a significant step in ensuring the efficient and optimal use of this finite resource. Spectrum policy is at the heart of the Commission’s flagship Digital Agenda for Europe and is crucial for the realisation of policy objectives found in the EU2020 strategy for smart, sustainable and inclusive growth and the programme is included among the 50 priority actions of the Single Market Act.

2. The RSPP aims for the creation of a competitive and vibrant European industry for the provision of wireless broadband services and equipment. The programme strives to establish an environment where pan-European services can flourish.

3. The allocation of spectrum, a public good, should pursue the best interests of the European citizens. Efficient and effective allocation of spectrum will provide more social, cultural and economic benefits, boost consumer choice, advance the long term competitiveness of European industries and contribute to the realisation of the digital internal market.

4. The use of spectrum for mobile broadband is bringing welfare gains for citizens and the data transmitted via mobile networks has boomed over the last years. This continues to be the case as the number of smartphones, tablet PC’s, and dongles is still growing at an equally fast pace. Furthermore, mobile broadband plays an increasingly important role in the delivery and innovation of services in other fields such as healthcare, education, culture and public administration.

5. The harmonisation of frequencies will lower the costs of deploying mobile networks, lower the cost of mobile devices for consumers and boost competition and consumer choice. Furthermore, it will reduce harmful cross border interference and disturbance.

6. The efficient use of Spectrum can significantly help the universal access to electronic communications, in particular for citizens and businesses located in less favourite or remote areas, such as rural areas or islands.

7. Harmonising spectrum and enabling wireless broadband services to develop, provides new tools and opportunities to deliver cultural content. At the same time it is important to secure the existing opportunities for terrestrial broadcasting. The additional costs for clearing the band shall be compensated by Member States when necessary.

8. The RSPP has to put forward realistic but ambitious goals that enable European companies to compete on a stronger footing in the global market place. Without such ambitious targets the European Union risks falling behind. Furthermore, the release of the wireless spectrum from 790MHz – 862MHz (800Mhz) is vital in light of achieving the goals set out in the Digital Agenda for Europe, both in terms of fast internet access and reducing the digital divide. The release process should be carried out as soon as possible and not later than 2013. eGovernment, including the electronic conduction of public procurement procedures, should contribute to the deployment of broadband across the EU.

9. Long term strategic commitment, even beyond 2015 shall be required. It is important to offer regulatory certainty when such substantial investments are involved.

Concerning the proposal on RSPP, your rapporteur underlines the need to:

a.) Create harmonised spectrum bands to encourage pan-European services, lower administrative burdens and further strengthen the internal market.

b.) Emphasise the release of spectrum from 790 – 862MHz for mobile broadband by 2013.

c.) Look into the further release of spectrum in the ‘second sub-band’ below 790MHz to cope with the continued growth in data traffic.

d.) Promote frequencies used to provide more capacity, such as the 2.3 GHz,

e.) Remember that it is crucial to get the RSPP adopted as soon as possible. A consensus oriented approach focussing on the key issues and primarily the need to get more frequencies for mobile services is vital.

From an internal market perspective, the aims spelt out above are the way forward in fostering sustainable growth and jobs in Europe. The mobile industry has historically been a catalyst for economic development for the wider community. We therefore need to create an environment which promotes investment, creates room for growth and positions Europe as the leader in global marketplace.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:

Amendment 1

Proposal for a decision

Recital 1

Text proposed by the Commission

Amendment

(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. The radio spectrum policy programme supports the goals and key actions outlined in the EU2020 Strategy and the Digital Agenda, and is included among the 50 priority actions of the Single Market Act. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2009/140/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

Amendment  2

Proposal for a decision

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) Spectrum is a publicly held good which can not be privately owned but which must be regulated by states in order to facilitate its usage by the means of licensed transmission rights or licence-free usage rights.

Amendment  3

Proposal for a decision

Recital 2

Text proposed by the Commission

Amendment

(2) Spectrum is a key resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.

(2) Spectrum is a key public resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. An efficient use of the Spectrum also plays a role in the universal access to electronic communications, in particular for citizens and businesses located in less populated or remote areas, such as rural areas or islands. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.

Amendment  4

Proposal for a decision

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) A renewed economic and social approach with regards to the management, allocation and use of the spectrum should be adopted, whereby particular focus is directed towards the formulation of regulation which ensures greater spectrum efficiency, better frequency planning and safeguards against anti-competitive behaviour and the taking of anti-social measures with regards to the usage of the spectrum.

Amendment  5

Proposal for a decision

Recital 3

Text proposed by the Commission

Amendment

(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport and energy.

(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. The harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying mobile networks and the cost of mobile devices for consumers. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport and energy. In no circumstances should current spectrum rights holders’ concerns about their possible entitlements delay the necessary reforms.

Amendment  6

Proposal for a decision

Recital 4

Text proposed by the Commission

Amendment

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. It is also a key action in the Digital Agenda for Europe4 which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage with speeds of at least 30 Mbps for all Europeans by 2020, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, encourage, develop and assist sectors relying on information and communications technologies such as e-commerce and overcome the digital divide. It is also a key action in the Digital Agenda for Europe4 which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage with speeds of at least 30 Mbps for all Europeans by 2020, thereby achieving the sustainable economic and social benefits of a digital single market. In particular, it promotes the development of new markets and new services for SMEs and the creation of new jobs. It also encourages competition and allows consumers to take advantage of greater choice and better prices for goods and services. eGovernment, including conducting public procurement procedures electronically, should contribute to the deployment of broadband. The programme should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens, in particular for disabled people and citizens living in remote areas. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

Amendment  7

Proposal for a decision

Recital 5

Text proposed by the Commission

Amendment

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies. Special national arrangements for spectrum use must be avoided, so as to prevent obstructive effects on European markets, although decisions to award usage rights should continue to be taken at national level and with regard to existing national business models.

Amendment  8

Proposal for a decision

Recital 8

Text proposed by the Commission

Amendment

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights, common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum and common standards for the removal of these licensed rights would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

Amendment  9

Proposal for a decision

Recital 9

Text proposed by the Commission

Amendment

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Award conditions should be framed so as to permit a level playing field in competition with regard to coverage and not hinder newcomers from entering the market. New technologies, likewise, should not be disadvantaged simply because they are made available on the market at a later date. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive).

Amendment  10

Proposal for a decision

Recital 10

Text proposed by the Commission

Amendment

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 6 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs. To complement this, the inventory should also include a report of the measures taken by the Member States in order to implement decisions taken at EU level regarding the harmonisation and the use of the specific frequency bands.

Amendment  11

Proposal for a decision

Recital 13

Text proposed by the Commission

Amendment

(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In cases of exceptional local circumstances, the Commission may authorise specific derogations until 2015, in reaction to duly justified requests by Member states. In the longer term, additional spectrum in the UHF band should also be envisaged, on the basis of the inventory of existing spectrum use and the possible future needs for spectrum in the Union, depending on actual market demands, social and cultural objectives, experience and the lack of spectrum in other bands adequate for coverage. In addition, rapid implementation of the "GSM" Directive, in accordance with the principles of competition, is of key importance.

Amendment  12

Proposal for a decision

Recital 14

Text proposed by the Commission

Amendment

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include the timing of granting rights, the duration of rights of use and the conditions by which rights can be withdrawn or transferred. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

Amendment  13

Proposal for a decision

Recital 24

Text proposed by the Commission

Amendment

(24) The Commission should report to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions.

(24) The Commission should report to the European Parliament and the Council at regular intervals on the results achieved under this Decision, as well as on planned future actions.

Amendment  14

Proposal for a decision

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25a) Nothing in this Decision is intended to detract from the protection afforded to economic operators by the Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1.

 

_______

1 OJ L 337, 18.12.2009, p. 37.

Amendment  15

Proposal for a decision

Article 1 – title

Text proposed by the Commission

Amendment

Aim

Aim and scope

Amendment  16

Proposal for a decision

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

1. This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

Amendment  17

Proposal for a decision

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. This Decision shall be without prejudice to Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

 

______________

1OJ L 337, 18.12.2009, p. 37.

Amendment  18

Proposal for a decision

Article 1 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. This Decision is without prejudice to existing EU law and to measures taken at national level, in compliance with EU law, to pursue general interest objectives, and in particular relating to content regulation and audiovisual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

Amendment  19

Proposal for a decision

Article 2 – point a

Text proposed by the Commission

Amendment

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to meet the increasing demand for use of frequencies as effectively as possible and across the board, to enhance the quality of services and to ensure universal access to electronic communications overcoming the current geographical differences, while at the same time respecting the important social, cultural and economic value of spectrum. This shall be achieved whilst ensuring a level playing field and non-discriminatory competition, and safeguarding national specificities in relation to business models;

Amendment  20

Proposal for a decision

Article 2 – point c

Text proposed by the Commission

Amendment

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate non-discriminatory authorisation system that is the least onerous possible, in order to maximise flexibility and efficiency in spectrum usage;

Amendment  21

Proposal for a decision

Article 2 – point d

Text proposed by the Commission

Amendment

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition and efficient coordination of spectrum harmonisation and standardisation.

Amendment  22

Proposal for a decision

Article 3 – point a

Text proposed by the Commission

Amendment

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely mannerto support Union policy objectives, in particular the prioritisation in broadband provision, notably through effective implementation of the "GSM" Directive, also to promote the development of economic activities relying on electronic communications, such as e-commerce, in areas currently not served by broadband connections. This must be achieved whilst guaranteeing competition and taking into account important general interest objectives, such as cultural diversity and media pluralism, as well as the interests of various radio spectrum users;

Amendment  23

Proposal for a decision

Article 3 – point d

Text proposed by the Commission

Amendment

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition;

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition by means of withdrawal of frequency rights or other measures;

Amendment  24

Proposal for a decision

Article 3 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) in defining those areas of the spectrum which should be made open for use without licensed rights and/or reserved to scientific research;

Amendment  25

Proposal for a decision

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive).

Amendment  26

Proposal for a decision

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies.

3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies. Special attention shall also be given to standards for equipment to be used by disabled people, without, however, depriving them of the right to use non-standardised equipment if that is their preference. Efficient coordination of spectrum harmonisation and standardisation will be particularly important in this regard so that consumers can use appliances that depend on radio spectrum without restriction and throughout the internal market.

Amendment  27

Proposal for a decision

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum as a public good.

Amendment  28

Proposal for a decision

Article 4 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. The measures provided for in paragraph 1 shall be taken in addition to the opening of the 900 MHz band in the near future, in line with the amended "GSM" Directive and in such a manner as to promote competition. Such measures must be taken in a non-discriminatory manner and may not distort competition to the advantage of operators already dominant in the market.

Amendment  29

Proposal for a decision

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. In order to implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any accumulation, transfer or modification of rights of use for radio frequencies, Member States may adopt inter alia the following measures, which are without prejudice to the application of competition rules:

2. In order to implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any accumulation, transfer or modification of rights of use for radio frequencies, Member States shall, when planning to assign spectrum, carefully examine whether the planned spectrum assignment, taking into account the existing spectrum assigments to the competing mobile operators in their territory, is likely to reduce or distort competition in the mobile markets concerned. Where the planned spectrum assignment taking into account existing spectrum assignments is likely to result in the reduction or distortion of competition, Member States shall address such reduction or distortion by adopting at least one of the following measures, which are without prejudice to the application of competition rules:

Amendment  30

Proposal for a decision

Article 5 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) Member States may take steps to achieve a more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics or by reserving spectrum for unlicensed usage in those bands;

Amendment  31

Proposal for a decision

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays and discrimination and promote effective competition.

Amendment  32

Proposal for a decision

Article 5 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Where Member States wish to adopt any such measures as are referred to in paragraph 2, they shall do so by imposing conditions pursuant to Article 6 of the Authorisation Directive, in conformity with the procedures for the imposition or variation of such conditions on the rights of use for radio frequencies laid down in Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1.

 

__________

1 OJ L 337, 18.12.2009, p. 37.

Justification

The aim of the amendment is to align the text with the telecoms regulatory framework. In particular, it is not clear whether this Decision (art 5.2) is proposing new powers for NRAs or whether the remedies and safeguards are those which derive from existing legislation. In particular, NRAs should not be able to circumvent the market review process (including Article 7, Framework Directive) and impose access obligations where they previously could not.

Amendment  33

Proposal for a decision

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess whether additional spectrum could be freed and made available for new applications.

3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down in Decision 2010/267/EU, pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the UHF band (i.e. spectrum between 300 MHz and 3 GHz) and assess whether additional spectrum could be freed and made available for new applications. In particular, a second Digital Dividend shall be considered in the longer term.

Amendment  34

Proposal for a decision

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users.

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users.

Amendment  35

Proposal for a decision

Article 6 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The Member States, in cooperation with the Commission, shall take the necessary technical and regulatory measures to prevent harmful interference between mobile services and broadcasting and PMSE users. The Member States shall make sufficient funds available in good time to cover the migration costs associated with the freeing of the 800 MHz band and the measures to protect against interference.

Amendment  36

Proposal for a decision

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access.

Justification

We believe that it is outside the scope of this Decision for the Commission to ensure the availability of harmonised satellite services for broadband access “offering enabling Internet access at a comparable price to terrestrial offerings” and that the S-Band spectrum licensed at a European level in 2009 fulfils the requirements for harmonised satellite services for broadband access.

Amendment  37

Proposal for a decision

Article 7 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1. In order to support the further development of innovative audiovisual media and other services to European citizens, taking into account the economic and social benefits of a digital single market, Member States shall, in cooperation with the Commission, ensure sufficient spectrum availability for satellite and terrestrial provision of such services.

Justification

Not only terrestrial broadcasting needs sufficient spectrum to fulfil general interest objectives, but satellites also need sufficient spectrum to continue pioneer and deploy innovative technologies that promote advanced digital services, including new audiovisual services of high quality, such as HDTV or 3DTV. It is important to take a comprehensive approach to spectrum use, promoting all technologies to bring economic and social benefits to citizens and businesses, and thereby contribute to a fully functioning digital single market.

Amendment  38

Proposal for a decision

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. The Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

Amendment  39

Proposal for a decision

Article 7 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. Member States shall, in cooperation with the Commission, seek to find a minimum set of harmonised core bands for PMSEs in the Union, according to the Union's objectives to improve the integration of the internal market and access to culture. These harmonised bands shall be on 1GHz or higher frequencies.

Justification

Touring artists and groups are currently facing problems as wireless microphones have been given different frequencies not only in different Member States but also between different towns and regions. PMSEs do not need large covering areas and therefore frequencies above 1GHz would be ideal.

Amendment  40

Proposal for a decision

Article 7 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

 

4b. Member States and the Commission shall ensure spectrum availability for RFID and other Internet of Things (IOT) wireless communication technologies and shall work towards standardisation of spectrum allocation for IOT communication across Member States.

Amendment  41

Proposal for a decision

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for harmonised spectrum in the Union. As an initial step, such an inventory shall include frequencies in the range from 300 MHz to 6 GHz. The inventory shall also include a report of the measures taken by the Member States in order to implement decisions taken at EU level regarding the harmonisation and use of the specific frequency bands.

Amendment  42

Proposal for a decision

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

2. The inventory referred to in paragraph (1) shall, on the basis of clearly defined and transparent criteria and methods, allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall take into account future needs for spectrum based on consumers', businesses' and operators' demands, and of the possibility to meet such needs.

Amendment  43

Proposal for a decision

Article 8 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Where possible, the Commission shall also include in the inventory referred to in paragraph 1 information on spectrum use by third partner states neighbouring a Member State that could have a direct or indirect effect on spectrum use within the Union.

Amendment  44

Proposal for a decision

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

4. The Union shall assist the Member States with political and technical support in bilateral and multilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

PROCEDURE

Title

Radio spectrum policy

References

COM(2010)0471 – C7-0270/2010 – 2010/0252(COD)

Committee responsible

ITRE

Opinion by

       Date announced in plenary

IMCO

23.9.2010

 

 

 

Rapporteur

       Date appointed

Eija-Riitta Korhola

13.10.2010

 

 

Date adopted

22.3.2011

 

 

 

Result of final vote

+:

–:

0:

34

1

0

Members present for the final vote

Pablo Arias Echeverría, Adam Bielan, Cristian Silviu Buşoi, Lara Comi, Anna Maria Corazza Bildt, António Fernando Correia De Campos, Jürgen Creutzmann, Christian Engström, Evelyne Gebhardt, Iliana Ivanova, Sandra Kalniete, Eija-Riitta Korhola, Edvard Kožušník, Toine Manders, Gianni Pittella, Mitro Repo, Zuzana Roithová, Heide Rühle, Matteo Salvini, Christel Schaldemose, Andreas Schwab, Catherine Stihler, Kyriacos Triantaphyllides, Bernadette Vergnaud, Barbara Weiler

Substitute(s) present for the final vote

Damien Abad, Simon Busuttil, Cornelis de Jong, Ashley Fox, Constance Le Grip, Pier Antonio Panzeri, Antonyia Parvanova, Sylvana Rapti, Amalia Sartori

Substitute(s) under Rule 187(2) present for the final vote

Michael Gahler


OPINION of the Committee on Culture and Education (15.3.2011)

for the Committee on Industry, Research and Energy

on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme

(COM(2010)0471 – C7-0270/2010 – 2010/0252(COD))

Rapporteur: Petra Kammerevert

SHORT JUSTIFICATION

1.  By means of this proposal for a decision the Commission is putting forward a first Europe-wide programme dealing with the strategic planning and harmonisation of spectrum use in the EU, the Radio Spectrum Policy Programme (RSPP).

2.  The main aim of the programme is to increase the number of frequencies available for wireless broadband communication, with a view to meeting the objective laid down in the Digital Agenda that by 2020 all EU citizens should have access to broadband services at a speed of at least 30 Mbps.

3.  Spectrum is a public good and an extremely scarce resource. It is vital to the achievement of a wide range of societal, cultural, social and economic objectives. The 2009 telecoms review specified that the Commission must take equal and appropriate account of all these aspects in the context of spectrum management. The requirements set out in the telecoms package thus form the basis for the RSPP. For that reason, it is vital that the RSPP should be entirely consistent with that legal framework and with the principles laid down therein.

4.  In particular, it is essential that:

(a)  the RSPP should allow digital terrestrial radio and hybrid TV appropriate scope to develop. Expanding the availability of free-to-air programmes using either the dvb-t or the dvb-t2 standard is now central to the task of safeguarding media pluralism in Europe. What is more, terrestrial radio is the only non-proprietary broadcasting system which is available to all users on the same, equal basis. Problem-free coexistence between mobile telephony and broadcasting must be guaranteed, in particular in places where receivers using different standards may be located in close proximity to one another. At present, terrestrial radio is the only economically feasible transmission method for portable and mobile, and therefore viable, digital radio and digital television;

(b)  available radio frequencies should be used efficiently. With that aim in view, spectrum use must be regularly reviewed, something which, under the telecoms package, is the responsibility of the Member States. The EU should merely provide coordination;

(c)  disruption and interference as a result of the reallocation of frequencies should be prevented as far as possible;

(d)  mandatory compensation should be provided for investments in parts of the spectrum used before (e.g. for dvb-t) or investments necessitated by the reallocation of frequencies (e.g. PMSE).

5.  Radio frequencies serve the public interest in a wide range of areas in the Member States. In that connection, due account has to be taken of a host of specific national and regional characteristics. It is doubtful whether the EU can reconcile these matters of public interest and these characteristics as well and as efficiently as its Member States. For that reason (and in the light of the allocation of competences laid down in Article 9(1) of the Framework Directive), your rapporteur opposes the establishment of an overarching spectrum planning and management system at European level. She is also deeply sceptical of any proposal to grant the Commission the competence to conduct international negotiations. Conversely, she feels it would be desirable for the EU to play a coordinating role in support of the Member States.

6.  There is a continuing need to avoid over-hasty decisions on the allocation of frequencies and suitable measures should be taken to ensure that, on the basis of reliable scientific findings, the newly allocated frequencies employ transmission standards which guarantee the highest quality of service and the lowest distribution costs. For example, the LTE standard has already been shown to be no more efficient than the dvb-t2 standard.

AMENDMENTS

The Committee on Culture and Education calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:

Amendment 1

Proposal for a decision

Recital 1

Text proposed by the Commission

Amendment

(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

(1) Article 8a(3) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 20091 provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. Furthermore, having realised that there is a real risk of interference in the general reception of audiovisual broadcasting, be it analogue or not, such policies and the market it refers to must ensure a strong consumer rights protection and proper public information on the forthcoming change.

 

1 OJ L 337, 18.12.2009, p. 37.

Amendment   2

Proposal for a decision

Recital 2

Text proposed by the Commission

Amendment

(2) Spectrum is a key resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.

(2) Spectrum is a public good of major societal, cultural, social and economic value. It is a key resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, wireless microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, the facilitation of relations between the citizen and the State by means of electronic governance and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.

Amendment  3

Proposal for a decision

Recital 3

Text proposed by the Commission

Amendment

(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport and energy.

(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, culture and energy.

Amendment  4

Proposal for a decision

Recital 5

Text proposed by the Commission

Amendment

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. Spectrum management is a national competence and must be exercised in compliance with existing EU law and allow for measures to be adopted to pursue an Union spectrum policy. Pursuant to Article 8a(1) of the Framework Directive, Member States are required to cooperate with one another and with the Commission in connection with the strategic planning, coordination and harmonisation of spectrum use.

Amendment   5

Proposal for a decision

Recital 6

Text proposed by the Commission

Amendment

(6) The programme should also take into account Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) and the technical expertise of the European Conference of Postal and Telecommunications Administrations (CEPT) so that Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policies.

(6) The programme should also take into account Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) and the technical expertise of the European Conference of Postal and Telecommunications Administrations (CEPT). Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing provisions. These provisions must be based on the guidelines for and the objectives of EU spectrum policy laid down in Article 8a of the Framework Directive.

Amendment  6

Proposal for a decision

Recital 8

Text proposed by the Commission

Amendment

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

Amendment  7

Proposal for a decision

Recital 9

Text proposed by the Commission

Amendment

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) as amended by Directive 2009/140/EC of 25 November 2009 and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive) as amended by Directive 2009/114/EC of 16 September 2009.

Amendment  8

Proposal for a decision

Recital 10

Text proposed by the Commission

Amendment

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the private and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

Justification

Clarification needed. Spectrum is also used by both private and non commercial sector.

Amendment  9

Proposal for a decision

Recital 11

Text proposed by the Commission

Amendment

(11) Harmonised standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms.

(11) Harmonised standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment, the mutual recognition of their conformity and future harmonisations in respect of electronic networks and wireless devices are essential to achieve efficient spectrum use and should ensure the coexistence of existing and new applications. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics - such as increasing reliability of receivers and appropriate output levels for emitting devices - and more sophisticated interference avoidance mechanisms.

Amendment  10

Proposal for a decision

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) New Long-Term Evolution (LTE) broadband mobile communications networks are being rolled out in various Member States. Those networks use the 790-862 MHz frequency band. Some radio microphones currently operate in that band, possibly causing interference. This may also concern devices operated in schools, theatres and conference venues or by other commercial, public or private users. The requisite technical retrofitting will be achievable only with considerable financial outlay, and it is imperative to clarify where responsibility lies in this connection.

Amendment   11

Proposal for a decision

Recital 13

Text proposed by the Commission

Amendment

(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band can be used for the coverage of large areas by, for example, wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2015. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations will be attached to rights.

Amendment  12

Proposal for a decision

Recital 15

Text proposed by the Commission

Amendment

(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, public protection and disaster relief, e-health and e-inclusion. Optimising synergies between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. The Commission's Joint Research Centre should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for SMEs, e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities.

(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, public protection and disaster relief, e-health, e-inclusion and culture. Optimising synergies between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. The Commission's Joint Research Centre should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for SMEs, e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities.

Amendment  13

Proposal for a decision

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a) Moreover, the expansion of the spectrum by the abovementioned sectors should be accompanied by means of public information on the additional use of the spectrum, as well as training programmes, allowing citizens to expand the inherent official initiatives and creating a real ability to mobilise society.

Amendment  14

Proposal for a decision

Recital 19

Text proposed by the Commission

Amendment

(19) Spectrum regulation has strong cross-border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended means that Member States shall not enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and play a role in multilateral negotiations, including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law.

(19) Spectrum regulation has strong cross-border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended means that Member States shall not enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law and in cooperation with the Commission, examine what arrangements are needed to ensure appropriate representation of the Union’s common interests in international bodies in charge of spectrum coordination and put the findings into practice without delay.

Amendment  15

Proposal for a decision

Recital 20

Text proposed by the Commission

Amendment

(20) To evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the World Radio communications Conferences (WRC) and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the long-term objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC.

(20) Acting by agreement with the European Parliament and the Council, the Commission should submit a proposal outlining how, at World Radio communications Conferences (WRC) and in other multilateral negotiations which touch upon principles and policy issues with an important Union dimension, the common interests of the Union can be properly represented by its institutions. At the same time, by agreement with the Council, Union membership of the International Telecommunications Union alongside the Member States should be considered and, if appropriate, brought to fruition.

Amendment  16

Proposal for a decision

Recital 24

Text proposed by the Commission

Amendment

(24) The Commission should report to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions.

(24) The Commission will report to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions.

Amendment  17

Proposal for a decision

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25a) This Decision is without prejudice to the protection afforded to market players by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1.

 

---------------

1 OJ L 337, 18.12.2009, p. 37.

Amendment  18

Proposal for a decision

Article 1 - Title

Text proposed by the Commission

Amendment

Aim

Aim and scope

Amendment  19

Proposal for a decision

Article 1

Text proposed by the Commission

Amendment

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

This Decision establishes, in accordance with the Framework Directive and Directives 2002/20/EC and 2002/19/EC as amended by Directive 2009/140/EC, Directive 2002/22/EC as amended by Directive 2009/136/EC, and Decision No 67/2002/EC, a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

Amendment  20

Proposal for a decision

Article 1 - paragraph 1 a (new)

Text proposed by the Commission

Amendment

This Decision shall be without prejudice to existing EU law and to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy, and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

Amendment  21

Proposal for a decision

Article 2 - point a

Text proposed by the Commission

Amendment

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, at the same time taking account of the social, cultural and economic value of spectrum as a whole;

Amendment  22

Proposal for a decision

Article 2 - point b

Text proposed by the Commission

Amendment

(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive) as amended by Directive 2009/140/EC, and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

Amendment  23

Proposal for a decision

Article 2 – point c

Text proposed by the Commission

Amendment

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Amendment   24

Proposal for a decision

Article 2 – point d

Text proposed by the Commission

Amendment

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition, so as to foster cultural diversity and media pluralism in accordance with Framework Directive as amended by Directive 2009/140/EC, as well as social and territorial cohesion.

Amendment  25

Proposal for a decision

Article 3 – point a

Text proposed by the Commission

Amendment

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support the objectives of Union spectrum policy whilst taking account of the scope for the development of radio broadcasting;

Amendment  26

Proposal for a decision

Article 3 – point b

Text proposed by the Commission

Amendment

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights. In that connection, Member States may take measures which depart from this principle if the measures in question serve the objectives referred to in points (a) to (d) of Article 9(4) of the Framework Directive;

Amendment  27

Proposal for a decision

Article 3 –point b a (new)

Text proposed by the Commission

Amendment

 

(ba) make spectrum use more efficient by giving preference to technologies which use little spectrum; make complementary use of technological features such as hotspots and Wi-Fi, for example, which require no spectrum;

Amendment  28

Proposal for a decision

Article 3 –point c

Text proposed by the Commission

Amendment

(c) enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation;

(c) enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation, and improve the position of consumers with regard to the coexistence of old and new applications;

Amendment  29

Proposal for a decision

Article 3 – point f

Text proposed by the Commission

Amendment

(f) avoid harmful interference or disturbance by other radio or non-radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, and increasing immunity of receivers to interference, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;

(f) avoid harmful interference or disturbance between devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, and increasing immunity of receivers to interference or appropriate output controls for them, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;

Amendment  30

Proposal for a decision

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive) as amended by Directive 2009/140/EC, such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

Amendment  31

Proposal for a decision

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum and co-existence between new and existing services and devices for the benefit of end users and consumers.

Amendment  32

Proposal for a decision

Article 5 – title

Text proposed by the Commission

Amendment

Competition

Regulatory principles for competition in the field of electronic communications

Amendment  33

Proposal for a decision

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall maintain and promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it.

deleted

Amendment  34

Proposal for a decision

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. In order to implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any accumulation, transfer or modification of rights of use for radio frequencies, Member States may adopt inter alia the following measures, which are without prejudice to the application of competition rules:

2. In order to preserve and promote effective competition in the internal market, and pursuant to Article 9(7) of Framework Directive and Article 5(6) of Authorisation Directive, Member States may adopt inter alia the following measures, which are without prejudice to the application of competition rules:

Amendment  35

Proposal for a decision

Article 5 - paragraph 2 - point d

Text proposed by the Commission

Amendment

(d) Member States may amend the existing rights in accordance with Article 14 of Directive 2002/20/EC when this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which significantly harms competition.

(d) Member States may amend the existing rights in accordance with Article 14 of the Authorisation Directive when this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which significantly harms competition.

Amendment  36

Proposal for a decision

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures promote effective competition, avoid unjustified delays and take account of the position of consumers with regard to the coexistence of applications.

Amendment  37

Proposal for a decision

Article 6 - paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess whether additional spectrum could be freed and made available for new applications.

3. Member States shall, by 17 June 2015 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where the digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time, the Commission recommends to make the band available by 1 January 2013.

Amendment  38

Proposal for a decision

Article 6 - paragraph 4

Text proposed by the Commission

Amendment

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users.

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users and existing and future radio transmissions and that appropriate measures are taken to compensate existing users for current and future migration costs. In connection with reallocation of the 800 MHz band, Member States shall ensure interference-free use of receivers by end users.

Amendment  39

Proposal for a decision

Article 6 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The Member States, in cooperation with the Commission, shall ensure that the requisite technical and regulatory measures are implemented to avoid interference between electronic communications services in the 800 MHz frequency band and PMSE users at below 790 MHz.

Amendment  40

Proposal for a decision

Article 6 - paragraph 5

Text proposed by the Commission

Amendment

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the "800 MHz band"), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Framework Directive, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the "800 MHz band"), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

Amendment  41

Proposal for a decision

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. If necessary, the Commission shall ensure the continued availability of spectrum for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access.

Amendment  42

Proposal for a decision

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. In order to support the future development of innovative audiovisual media services, and in particular those stemming from the switch to digital television, the Member States shall, in cooperation with the Commission, and in consideration of the economic and social benefits of the internal digital market, ensure spectrum availability for the provision of audiovisual media services and protect the radio frequencies these require.

Amendment  43

Proposal for a decision

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. In cooperation with the Commission, the Member States shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief. The spectrum used for radio broadcasting shall not be affected.

Amendment  44

Proposal for a decision

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States and the Commission shall review the spectrum needs of, and collaborate with, the scientific community; identify a number of research and development initiatives and innovative applications that may have a major socio-economic impact and/or potential for investment and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden.

4. Member States and the Commission shall review the spectrum needs of, and collaborate with, the scientific and academic community; identify a number of research and development initiatives and innovative applications that may have a major socio-economic impact and/or potential for investment and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden.

Amendment  45

Proposal for a decision

Article 8 – title

Text proposed by the Commission

Amendment

Inventory and monitoring of existing uses of and emerging needs for spectrum

Inventory of existing uses of and emerging needs for spectrum

Amendment  46

Proposal for a decision

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. In keeping with their national systems of competences, the Member States shall create an inventory of existing spectrum use and of possible future needs for spectrum on their respective territories, in particular in the range from 300 MHz to 3 GHz. At the same time, the Member States shall assess the technical efficiency of the frequencies used for new services.

Amendment  47

Proposal for a decision

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

2. The inventory referred to in paragraph 1 shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall also be ensured that, where usage is not optimum, the necessary measures are taken in order to maximise efficient use. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

Amendment  48

Proposal for a decision

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.

deleted

Amendment  49

Proposal for a decision

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Union law, and that a sufficient amount of appropriately protected spectrum is available for Union sectoral policies.

3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under national law and Union law, and that a sufficient amount of appropriately protected spectrum is available for Union sectoral policies.

PROCEDURE

Title

Radio spectrum policy

References

COM(2010)0471 – C7-0270/2010 – 2010/0252(COD)

Committee responsible

ITRE

Opinion by

 Date announced in plenary

CULT

23.9.2010

 

 

 

Rapporteur

 Date appointed

Petra Kammerevert

19.10.2010

 

 

Discussed in committee

2.12.2010

 

 

 

Date adopted

3.3.2011

 

 

 

Result of final vote

+:

–:

0:

19

1

1

Members present for the final vote

Piotr Borys, Silvia Costa, Mary Honeyball, Petra Kammerevert, Morten Løkkegaard, Marek Henryk Migalski, Katarína Neveďalová, Doris Pack, Chrysoula Paliadeli, Marietje Schaake, Timo Soini, Emil Stoyanov, Helga Trüpel, Marie-Christine Vergiat, Milan Zver

Substitute(s) present for the final vote

Ivo Belet, Iosif Matula, Georgios Papanikolaou, Hella Ranner, Mitro Repo, Joanna Katarzyna Skrzydlewska


PROCEDURE

Title

Radio spectrum policy

References

COM(2010)0471 – C7-0270/2010 – 2010/0252(COD)

Date submitted to Parliament

20.9.2010

Committee responsible

       Date announced in plenary

ITRE

23.9.2010

Committee(s) asked for opinion(s)

       Date announced in plenary

ECON

23.9.2010

ENVI

23.9.2010

IMCO

23.9.2010

REGI

23.9.2010

 

CULT

23.9.2010

 

 

 

Not delivering opinions

       Date of decision

ECON

19.10.2010

ENVI

5.10.2010

REGI

27.9.2010

 

Rapporteur(s)

       Date appointed

Gunnar Hökmark

20.10.2010

 

 

Discussed in committee

9.12.2010

28.2.2011

31.3.2011

 

Date adopted

12.4.2011

 

 

 

Result of final vote

+:

–:

0:

49

0

1

Members present for the final vote

Jean-Pierre Audy, Zigmantas Balčytis, Bendt Bendtsen, Jan Březina, Reinhard Bütikofer, Maria Da Graça Carvalho, Giles Chichester, Pilar del Castillo Vera, Christian Ehler, Lena Ek, Ioan Enciu, Adam Gierek, Robert Goebbels, Fiona Hall, Jacky Hénin, Edit Herczog, Romana Jordan Cizelj, Krišjānis Kariņš, Lena Kolarska-Bobińska, Bogdan Kazimierz Marcinkiewicz, Judith A. Merkies, Jaroslav Paška, Aldo Patriciello, Anni Podimata, Miloslav Ransdorf, Herbert Reul, Teresa Riera Madurell, Amalia Sartori, Francisco Sosa Wagner, Konrad Szymański, Patrizia Toia, Evžen Tošenovský, Ioannis A. Tsoukalas, Claude Turmes, Niki Tzavela, Vladimir Urutchev, Alejo Vidal-Quadras

Substitute(s) present for the final vote

Antonio Cancian, António Fernando Correia De Campos, Francesco De Angelis, Ilda Figueiredo, Cristina Gutiérrez-Cortines, Gunnar Hökmark, Yannick Jadot, Silvana Koch-Mehrin, Bernd Lange, Werner Langen, Vladko Todorov Panayotov, Catherine Trautmann

Substitute(s) under Rule 187(2) present for the final vote

Olle Ludvigsson

Date tabled

15.4.2011

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