# EUR-Lex - 52007IP0041 - EN

Important legal notice

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# 52007IP0041

**European Parliament resolution Towards a European policy on the radio spectrum (2006/2212(INI)) **

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Official Journal 287 E , 29/11/2007 P. 0364 - 0370 *

P6_TA(2007)0041

Radio spectrum

European Parliament resolution Towards a European policy on the radio spectrum (2006/2212(INI))

The European Parliament,

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "A marketbased approach to spectrum management in the European Union" (COM(2005)0400),

- having regard to the Communication from the Commission to the Council and the European Parliament entitled "A forward-looking radio spectrum policy for the European Union: Second annual report" (COM(2005)0411),

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "EU spectrum priorities for the digital switchover in the context of the upcoming ITU Regional Radiocommunications Conference 2006 (RRC-06)" (COM(2005)0461),

- having regard to 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) [1],

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the Review of the EU Regulatory Framework for electronic communications networks and services (COM(2006)0334),

- having regard to the Communication from the Commission to the European Parliament and the Council entitled "First Annual Report on Radio Spectrum Policy in the European Union; State of Implementation and Outlook" (COM(2004)0507),

- having regard to the Opinion of the Radio Spectrum Policy Group of 19 November 2004 on secondary trading of rights to use radio spectrum (RSPG04-54 Rev.),

- having regard to the Council (Transport, Telecommunications and Energy) Conclusions of 9 and 10 December 2004 on the first Annual Report on Radio Spectrum Policy in the European Union,

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "i2010 — A European Information Society for growth and employment" (COM(2005)0229) and the accompanying Commission Staff Working Paper on extended impact assessment (SEC(2005)0717),

- having regard to 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) [2],

- having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Services Directive) [3],

- having regard to Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) [4],

- having regard to Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) [5],

- having regard to its resolution of 14 March 2006 on a European Information Society for growth and employment [6],

- having regard to the Presidency Conclusions of the Brussels European Council of 22 and 23 March 2005,

- having regard to Directive 2005/82/EC of the European Parliament and of the Council of 14 December 2005 repealing Council Directive 90/544/EEC on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community [7],

- having regard to the Commission Recommendation of 6 April 2005 on broadband electronic communications through powerlines [8],

- having regard to the Commission Recommendation of 20 March 2003 on the harmonisation of the provision of public R-LAN access to public electronic communications networks and services in the Community [9],

- having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions entitled "Electronic Communications: the Road to the Knowledge Economy" (COM(2003)0065),

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "Connecting Europe at high speed: recent developments in the sector of electronic communications" (COM(2004)0061),

- having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions entitled "eEurope 2005: An information society for all — An Action Plan to be presented in view of the Sevilla European Council, 21/ 22 June 2002" (COM(2002)0263),

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "i2010 — First Annual Report on the European Information Society" (COM(2006)0215),

- having regard to the Communication from President Barroso in agreement with Vice-President Verheugen to the Spring 2005 European Council entitled "Working together for growth and jobs — A new start for the Lisbon Strategy"(COM(2005)0024),

- having regard to the Commission Staff Working Paper entitled "Working together for growth and jobs — Next steps in implementing the revised Lisbon strategy" (SEC(2005)0622),

- having regard to the Council (Transport, Telecommunications and Energy) Conclusions of 1 December 2005 on Accelerating the transition from analogue to digital,

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "Results of the World Radiocommunication Conference 2003 (WRC-03)" (COM(2003)0707),

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "The World Radiocommunication Conference 2003 (WRC-03)" (COM(2003)0183),

- having regard to the Opinion of the Radio Spectrum Policy Group of 23 November 2005 on Wireless Access Policy For Electronic Communications Services (WAPECS) (A more flexible spectrum management approach) (RSPG05 -111),

- having regard to its resolution of 16 November 2005 on accelerating the transition from analogue to digital broadcasting [10],

- having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on accelerating the transition from analogue to digital broadcasting (COM(2005)0204),

- having regard to the Opinion of the Radio Spectrum Policy Group of 19 November 2004 on spectrum implications of switchover to digital broadcasting (RSPG04-55 Rev.),

- having regard to the Protocol on the system of public broadcasting in the Member States annexed to the Amsterdam Treaty,

- having regard to Rule 45 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 (A6-0467/2006),

A. whereas in recent years Europe has witnessed an increased pace of technological evolution, with copper networks being replaced by fibre optic networks and increasing use of wireless communications and multimedia platforms,

B. whereas technological convergence is beneficial to consumers as it offers a greater choice of infrastructure and services,

C. whereas radio spectrum is key to the provision of a wide range of services,

D. whereas spectrum shortage has been an obstacle to the deployment of new services,

E. whereas the success of WiFi has demonstrated that it is now possible to use the unlicensed band more efficiently than before,

F. whereas efficient use of spectrum is critical in ensuring access to spectrum for the various interested parties who want to offer services, and is therefore a key factor in the growth, productivity and development of European industry in accordance with the Lisbon Strategy,

G. whereas efficient and prudent use of spectrum serves the cultural objectives of EU policies pursuant to Article 151 (4) of the EC Treaty and should facilitate cultural and linguistic diversity as well as media pluralism,

H. whereas access to spectrum needs common technical parameters,

I. whereas, through the digital switchover and the transition from analogue to digital, several hundred megahertz of spectrum will be released, thus offering the possibility of reallocating spectrum and new opportunities for market growth,

J. whereas the legal framework for electronic communications is a prerequisite for an open and competitive electronic communications market; whereas, however, not all Member States have transposed its provisions in a timely and correct manner,

K. whereas the Commission's position is that digital electronic communication is of fundamental importance for the entire economy, the Lisbon process and the i2010 strategy, and a reform of the system of spectrum management is therefore essential,

L. whereas information and communication technology offers European industry great prospects for growth and development and can also contribute to social welfare,

M. whereas access to spectrum can facilitate the development of technology-driven markets,

N. whereas the Commission in its various communications on radio spectrum adopted in 2005 and 2006 proposed a more flexible and efficient approach to spectrum management, including spectrum tradability,

1. Considers that the European Union needs to adopt a sustainable approach to spectrum which will promote competition and the development of innovative technologies, inhibit the hoarding of frequency rights and the aggregation of monopolies and benefit consumers, and that this approach should take into consideration technological change as well as the needs of market players and of citizens;

2. Emphasises that the importance of spectrum has increased during recent years and that the growth of the technology sector relies, inter alia, on the efficient use of spectrum;

3. Notes that, in the EU, the regimes for assigning spectrum to interested parties differ from Member State to Member State and that this divergence can cause additional delays and costs; takes the view therefore that the EU will require efficient and responsive guidelines for common decision-making mechanisms and that, furthermore, a European register will be needed with the completion, expansion and accessibility of the EFIS database;

4. Agrees with the Commission's view that part of the spectrum dividend should be earmarked for technical harmonisation at European level;

5. Encourages the Commission to take into account the reality of the spectrum dividend when defining the future direction of the radio spectrum policy and consider the appropriateness of allowing unlicensed users access to the spectrum dividend;

6. Emphasises that implementation of the new conditions for spectrum usage must ensure an unrestricted choice of the technology which can be used and the service to be delivered in a given spectrum band;

7. Welcomes the development of new radio technologies that make efficient and flexible use of the radio spectrum and that make interoperability and coexistence possible;

8. Rejects a one-sided market model of spectrum management and urges the Commission to reform the system of spectrum management in such a way as to facilitate the coexistence of different types of licensing models, i.e. traditional administration, use without numerical restrictions and new, market-based approaches; stresses that the aim must be to boost economic and technical efficiency as well as the usefulness to society of this valuable resource;

9. Emphasises, with regard to spectrum management, the general principles of technological neutrality together with service neutrality in order to promote competition and innovation, within the context of the Lisbon Strategy; points out that spectrum should be managed in a manner which is flexible and transparent and which facilitates cultural and linguistic diversity, freedom of expression, and media pluralism and takes into account the technical, social, cultural and political needs of all Member States;

10. Emphasises the importance of technical neutrality to the promotion of innovation and interoperability and calls for a more flexible and transparent policy for the consideration of the public interest;

11. Considers that, given technological evolution, the approach to frequency use adopted until now needs to be adapted to meet the requirements of a rapidly-changing information society and also provide for guarantees of high-quality service delivery and related customer protection; considers that spectrum management should not be based only on a market-driven approach but also needs to take into account wider social, cultural and political considerations;

12. Welcomes the Commission's proposal to adopt differentiated spectrum management models including the unlicensed model which provides additional flexibility by allowing for free access within some technical limitations; considers that developing the right mix between the different types of licensing model will be important in achieving EU policy objectives;

13. Agrees that radio spectrum is a key resource for many activities and important for the proper functioning of the internal market; emphasises that the use of market mechanisms should safeguard the interests of consumers and encourage the take up of innovative products and services; agrees also that social, cultural and political considerations must also be taken into account in line with Article 151(4) of the EC Treaty; considers, furthermore, that audiovisual policy, the promotion of cultural and linguistic diversity and the pluralism of the media may justify exceptions from the principle of service neutrality;

14. Considers that the administrative method of allocating spectrum rights could be supplemented by Member States opening up more frequencies to unlicensed, and therefore possibly shared use, and by allowing spectrum trading on condition that this opening up does not harm the continuity and quality of services concerned with public information and safety; takes the view that the phenomenon and the standard conditions of spectrum trading should be clarified;

15. Emphasises the importance of communication for rural and less developed regions, for which the diffusion of broadband, of lower frequency mobile communications and of new wireless technologies could provide efficient solutions to achieving universal coverage of the 27 EU Member States with a view to the sustainable development of all areas; believes that complete coverage of all areas must not be achieved by transferring the burden to the regions concerned;

16. Emphasises the risk of frequency shortage and of interference problems due to analogue-digital simulcasting between Member States and bordering third countries and emphasises also that all EU countries and regions should benefit from the digital dividend;

17. Notes that, given the scarcity of the resource, adequate amounts of spectrum should be allocated to meet the needs of consumers and of services of public and general interest, including broadcasting services; stresses also the need to include a clause on reallocating frequencies where the commitments made when frequencies are assigned are not fulfilled;

18. Urges Member States to take a decision on the priority to be given to the protection of the public interest and of frequencies of strategic importance as a key principle in developing spectrum management policies;

19. Recognises spectrum efficiency as a common duty of Member States, national regulators and industry; insists on the necessity of securing the stability and continuity of the media services provided by broadcasters, but emphasises the importance of a level playing field for new entrants and for new technologies; believes that room for innovation must be guaranteed, in the interest of consumers, enterprises and employment generally; calls on the Commission to clarify the specific risks relating to interferences and conditions of applications of new rules in the new Member States and to propose adapted solutions;

20. Calls on the Commission to ensure, when reviewing the legal framework for electronic communications networks and services, that sufficient account is taken of the significance of broadcasting, with regard to the freedom of opinion of individuals, and of diversity of opinion, when transmission capacities are allocated at European level;

21. Notes that, in order to preserve their high quality, services of public and general interest need to adapt to changing technology;

22. Notes that access to harmonised frequency bands is essential for the development of new services and new types of wireless technology, as industry seeks common conditions of use that provide flexibility and efficient use of the spectrum, in order to prevent severe constraints on the growth of the ICT sector in the EU, if the frequencies intended to meet these new needs are not allocated;

23. Welcomes the Commission's proposal to introduce a market-based approach to spectrum, and acknowledges that the traditional model will continue to be relevant, in particular where important public interests are at stake;

24. Considers that the introduction of a market-based approach to spectrum will be most effective if based on a consensual agreement backed by regulators, operators and other actors; draws attention, in this regard, to the work of the European Regulatory Group (ERG) and the Radio Spectrum Policy Group (RSPG);

25. Asks that the proposals of the European Commission on spectrum management and tradability be carefully considered and that a common agreement at political level be reached for their implementation;

26. Notes that the freeing-up of spectrum raises a number of issues for existing users and calls, therefore, for a clear legal framework providing for competition-based solutions and defining, inter alia, conditions for entry and exit, the maintenance of spectrum rights, responsibilities with regard to interference and dispute resolution mechanisms;

27. Suggests that in order to achieve technological harmonisation, minimal common technical and regulatory conditions be developed with a view to ensuring technical co-existence and the avoidance of interference, with particular attention being paid to ensuring that the utilisation of frequency bands already assigned cannot be adversely affected and that cross border issues are settled;

28. Calls for a balanced and efficient approach to spectrum management in order to maximise the social, cultural and economic benefits arising from its use, encourage the development of innovative services, deliver jobs and growth in accordance with the Lisbon Strategy and make European industry a global leader in electronic communications;

29. Is convinced that we will see in the future even more sophisticated packages on offer than the already existing triple play packages, offering voice telephony, internet access and television and that, as a result, the borders between products and services in the area of electronic communications will in the future become even more blurred;

30. Considers that, besides the market-based approach, attention should also be given to ensuring access to the spectrum market for everyone; notes that, in order to guarantee such access, information, knowledge and technological infrastructure should be provided via education or alternative training opportunities;

31. Notes that the divergence in Member State regimes for spectrum allocation and exploitation differ widely and that these differences represent serious obstacles to the achievement of a well-functioning single market;

32. Calls on Member States to support enhanced cooperation measures between spectrum management authorities, to consider areas where common spectrum allocation would allow new technologies and services to emerge, to step up their information exchanges and to remove over-prescriptive regulatory constraints;

33. Emphasises the need for sufficient time for transition and calls, therefore, for a step-by-step approach in this field; is of the opinion that effects for smaller networks — especially local wireless networks — for which no license requirements currently apply must be taken into account and that universal access to broadband, especially in rural areas, should be promoted;

34. Emphasises the potential value of the spectrum released by the digital switchover (digital dividend) which could increase the widespread availability of affordable mobile/wireless broadband, including in rural areas;

35. Urges the establishment of clear definitions of rights and obligations to promote legal certainty; underlines the importance of separation between providers of infrastructure and providers of electronic communications services and the importance of avoiding the creation of monopolies;

36. Instructs its President to forward this resolution to the Council and Commission.

[1] OJ L 108, 24.4.2002, p. 1.

[2] OJ L 108, 24.4.2002, p. 33.

[3] OJ L 108, 24.4.2002, p. 51.

[4] OJ L 108, 24.4.2002, p. 21.

[5] OJ L 108, 24.4.2002, p. 7.

[6] OJ C 291 E, 30.11.2006, p. 133.

[7] OJ L 344, 27.12.2005, p. 38.

[8] OJ L 93, 12.4.2005, p. 42.

[9] OJ L 78, 25.3.2003, p. 12.

[10] OJ C 280 E, 18.11.2006, p. 115.

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