COUNCIL RESOLUTION of 28 June 1990 on the strengthening of the Europe-wide cooperation on radio frequencies, in particular with regard to services with a pan-European dimension (90/C 166/02)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the proposal by the Commission,

Whereas the Council Resolution of 30 June 1988 on the development of the common market for telecommunications services and equipment up to 1992 (1) has called for the promotion of the creation of Europe-wide services according to market requirements and appropriate social needs;

Whereas certain categories of radio-communication services are increasingly becoming an essential component of these services, and are particularly vital for citizens on the move in the Community;

Whereas such services require increasingly intensive use of the radio frequency spectrum and the limitation of the spectrum reserved for these services constitutes an acute problem;

Whereas the radio frequency spectrum is a scarce resource and there are other important demands on its use, such as use for government, defence and broadcasting purposes, including television as mentioned in Section 111 of Chapter 1 of the Radio Regulations annexed to the Convention of the International Telecommunications Union (ITU);

Whereas radio frequency usage in Europe is currently in accordance with the radio regulations of the ITU and there must be flexibility in taking account of national situations ; whereas, however, there is an indispensable requirement for coordination at the European level, in particular in the field of the new public mobile communications systems and that of satellite applications;

Whereas agreement on common frequency bands for radio communications systems with pan-European characteristics is an essential basis for technical standardization in the field of radio equipment and the abovementioned resolution and the Council resolution of 27 April 1989 on standardization in the field of information technology and telecommunications (2) have recognized the importance of measures regarding common standards in the telecommunications sector;

Whereas common frequency bands are required in order to permit the use of equipment in different countries, to minimize coordination problems at frontiers and to facilitate the large production runs for equipment necessary to make European industry competitive on the world market;

Whereas the systems of frequency allocation in the Member States have developed historically and due account must be taken of international arrangements and mechanisms which have been established in the field of frequency planning;

Whereas this concerns in particular the international regulations and procedures established in this field by the ITU;

Whereas at the European level a coordinated approach to frequency allocation for Europe-wide systems is being developed within the framework of the European Conference of Postal and Telecommunications Administrations (CEPT);

Whereas given the growing complexity of market, technology and standards the determination of frequency band and spectrum allocation for services of Europe-wide dimension requires the opinions of all interested parties;

Whereas such Europe-wide consultation is indispensable to allow establishment of standards, development of equipment by European industry, and timely service introduction by the telecommunications organizations and other providers, particularly in the field of mobile and satellite communications;

Whereas coordination of radio frequencies must respect the principle of the separation of regulatory and operational duties; (1) OJ No C 257, 4.11.1988, p. 1. (2) OJ No C 117, 11.5.1989, p. 1.

Whereas the allocation of frequencies must therefore remain with the authorities charged with the management of the frequency spectrum, according to this principle;

Whereas the planning and allocation of the frequency spectrum for service providers should be subject to objective, transparent and non-discriminatory conditions and ensure equality of treatment opportunities taking account of the requirements of existing services, of different categories of users and of the protection of the essential interests of the security of Member States;

Whereas the most efficient use of the frequency spectrum which is a scarce natural resource, requires the timely opinions from service providers, industry, users and standards bodies in researching the frequencies best suited for future applications, in order to take full account of long-term market and industrial applications and the requirements of other users of the radio spectrum;

Whereas, therefore, the current mechanisms set up by CEPT should be equipped with the necessary resources to undertake a long-term analysis of frequency requirements, taking account of market demand, standards requirements and development of products and the requirements of other users of the radio spectrum;

Whereas such a framework should be be able, taking account of the opinions of frequency experts from national authorities responsible for frequency management, telecommunications organizations, and other service providers, industry and users to identify, in particular, those frequencies best suited for services with pan-European characteristics and to forward recommendations to the regulatory authorities, or to the Community where appropriate;

Whereas such a framework would need close cooperation and interaction with the European Telecommunications Standards Institute (ETSI), in order to ensure the vital link between frequency planning and standards;

Whereas the CEPT has commenced and in some instances completed work in this area ; whereas ETSI, for its part, has also started work in this area;

Whereas such a framework should also support long-term frequency planning at the European level and making recommendations for global shifts in frequency use, taking account of the fact that significant time may be needed to phase out or relocate existing uses, given the substantial investment in existing radiocommunications systems;

Whereas in such a framework Member States will be obliged to comply with Community law, in particular with the competition rules;

Whereas an appropriate involvement of the Commission of the European Communities in such a framework should be sought;

Whereas such a framework should facilitate the working-out of common positions at the international level concerning frequencies, in particular with regard to the ITU and its conferences on radio frequencies, in line with the resolution of 30 June 1988;

Whereas such a framework should draw on the experience of the existing coordination mechanisms of the CEPT, must be Europe-wide and be open to the opinions of any member of the categories set out above,

CONSIDERS THE FOLLOWING POINTS AS MAJOR POLICY GOALS IN THIS AREA: 1. strengthening European cooperation in the field of radio frequency coordination with the objective of providing for a sufficient frequency spectrum for new services, according to the needs of the European market and taking account of the requirements of existing services and of different categories of users;

2. working in particular towards the timely allocation of sufficient frequency resources to mobile and satellite applications while taking due account of the demands on the spectrum of other users;

3. promoting the most efficient use of the frequency spectrum by taking timely account of service and user requirements against the background of industrial development and the development of standards;

4. developing common European positions in relation to the use of the frequency spectrum concerning international frequency harmonization, in particular with regard to the ITU and its relevant administrative radio conferences, using mechanisms set up by CEPT;

5. in order to facilitate the achievement of these objectives, encouraging the further development of the framework of cooperation between frequency experts from national authorities responsible for frequency management, telecommunication organizations and other service providers, industry and users, developing the existing coordination mechanisms set up by the CEPT. Such a framework should: - be open to the opinions of any member of the categories mentioned above,

- provide a forum for common studies towards identifying the frequency spectrum most suited for services and applications, taking due account of market requirements, the development of products, and the needs of other users of the radio frequency spectrum,

- on this basis, work out in particular suitable frequencies for services with pan-European characteristics and forward, on request, appropriate recommendations to the regulatory authorities or to the Community, as appropriate,

- cooperate and interact closely, with ETSI and with the other standardization bodies concerned, in order to take full account of the close link between standards development and allocation of frequency spectrum,

- undertake research into long-term requirements for the frequency spectrum, in order to promote long-term planning of frequency use according to market needs and also take into account the needs of different categories of users, and forward corresponding recommendations to the regulatory authorities and to the Community where appropriate,

- undertake research in preparation of common positions at the ITU conferences on radio frequencies where required in order to facilitate the working-out of common positions,

- have available the resources to carry out analyses of long-term market and technology implications of frequency recommendations at the European level, and of an appropriate organizational structure,

NOTES WITH SATISFACTION:

6. the current reform of radio frequency planning and coordination mechanisms undertaken by the CEPT, and in particular the decision to create a European Radiocommunications Office, allowing for the opinions of all interested parties to be taken into account and having an appropriate organization and an appropriate Statute;

INVITES THE COMMISSION AND THE MEMBER STATES AND THE CEPT:

7. to support the further development of the new framework set up by the CEPT, including the setting up of the European Radiocommunications Office on the basis of an appropriate statute, making available all the resources necessary to ensure the efficiency of its operation and the rapidity of its response to demands, in the light of the obligations of the Member States under the Community law in particular competition rules and the general policy goals defined in point 5.