COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 03.03.1997 
COM(97) 100 final 
95/0282 (COD) 
OPINION QF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on a common framework for general authorisations and individual licences 
in the field of telecommunications services 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

1. BACKGROUND 
On 14 November 1995 the Commission adopted a proposal for a European Parliament 
and Council Directive on a common framework for general authorisations and 
individual licences in the field of telecommunications services (COM (95) 545). 
The Economic and Social Committee gave a favourable Opinion on the Commission's 
proposal on 24 April 1996. 
The European Parliament gave its opinion in first reading on 22 May 1996, and 
proposed 37 amendments to this proposal. 
On 31 July 1996 the Commission adopted a modified proposal in conformity with 
Article 189A, paragraph 2 of the Treaty, incorporating most of the EP amendments 
(COM (96) 342). 
On 9 December 1996 the Council, acting in accordance with Article 189 B, paragraph 
2 of the Treaty, adopted a common position on the proposed Directive. 
In second reading, the European Parliament adopted on 20 February 1997 six 
amendments to the common position. 
2. PURPOSE OF THE COMMISSION PROPOSAL 
By 1 January 1998 full competition is to be introduced in most Member States in the 
provision of telecommunications services and network infrastructures. The proposed 
Directive will harmonise national conditions and procedures for general authorisations 
and individual licences for telecommunications services and is an important part of the 
new regulatory environment supporting telecommunications liberalisation. 
While more competition is to be introduced in the telecommunications sector, 
authorisations regimes remain necessary in order to ensure that certain public interest 
objectives are attained, including the provision of universal service. At the same time, 
national regulatory frameworks must be competition-friendly, and priority must be 
given to light authorisations schemes. In that context, the proposed Directive lays 
down a common framework for national authorisations regimes and provides for 
mechanisms aimed at facilitating the provision of cross-border networks and services. 
3. Opinion of the Commission on the amendments of the euro pea n parliament 
The Commission can accept, without changes, the six amendments adopted by the 
Parliament in second reading. 
• Amendment 1 contributes to clarify Art. 10.1 of the common position. 
• Amendments 2 and 5 indicate important concerns and principles, to be taken into 
account in the context of possible future Community initiatives when the Directive 
will be reviewed by 1 January 2000. 
Amendment 3 introduces two useful clarifications with regard to the scope of 
individual licences. 
Amendment 4 will, in the key area of new services, bring additional guarantees to 
undertakings applying for a licence. 
Amendment 6 adds a useful clarification to the Annex. 
4. MODIFIED PROPOSAL 
On 9 December 1996 the Commission has adopted its opinion on the common position 
regarding the proposed Directive for a European Parliament and Council Directive on 
a common framework for general authorisations and individual licences in the field of 
telecommunications services, by which it accepted the revised text for the proposed 
Directive. 
Following the second reading of the draft Directive by the European Parliament, the 
Commission herewith modifies its proposal for a Directive including all the 
amendments which were adopted by the European Parliament on 20 February 1997. 
AMENDED PROPOSAL FOR 
A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 
ON A COMMON FRAMEWORK 
FOR GENERAL AUTHORISATIONS AND INDIVIDUAL LICENCES 
IN THE FIELD OF TELECOMMUNICATIONS SERVICES 
Recital 3 
(following amendment 1) 
Whereas a common framework should 
be established for general authorizations 
and individual licences granted by 
Member States in the field of 
telecommunications services; whereas 
under Community law and in particular 
under Commission 
Directive 90/388/EEC of 28 June 1990 
on competition in the markets for 
telecommunications services, market 
entry should be restricted on the basis 
only of objective, non-discriminatory, 
proportionate and transparent selection 
criteria relating to the availability of 
scarce resources or on the basis of the 
implementation by national regulatory 
authorities of objective, non­
discriminatory and transparent award 
procedures; whereas Directive 
90/388/EEC also sets out principles 
regarding, inter alia, fees and rights of 
way; whereas these rules should be 
supplemented and enlarged by this 
Directive to determine this common 
framework; Whereas a common framework should 
be established for general authorizations 
and individual licences granted by 
Member States in the field of 
telecommunications services; whereas 
under Community law and in particular 
under Commission 
Directive 90/388/EEC of 28 June 1990 
on competition in the markets for 
telecommunications services, market 
entry should be restricted on the basis 
only of objective, non-discriminatory, 
proportionate and transparent selection 
criteria relating to the availability of 
scarce resources or on the basis of the 
implementation by national regulatory 
authorities of objective, non­
discriminatory and transparent award 
procedures; whereas Directive 
90/388/EEC also sets out principles 
regarding, inter alia, fees, numbers and 
rights of way; whereas these rules 
should be supplemented and enlarged by 
this Directive to determine this common 
framework; 
Recital 18a (new) 
(following amendment 2) 
Whereas a certain harmonization of the 
procedures is already foreseen in this 
directive; whereas further harmonization 
may be desirable in order to come to a 
more integrated telecommunications 
market; whereas this possibility should 
be assessed in the report to be 
elaborated by the Commission; 
Article 7 
(following amendment 2) 
1. Member States may issue individual 1. Member States may issue individual 
licences for the following purposes 
only: 
(a) to allow the licensee access to radio 
frequencies or numbers; 
(b) to give the licensee particular rights 
with regard to access to public or 
private land; 
(c) to impose obligations and 
requirements on the licensee relating 
to the mandatory provision of 
publicly available 
telecommunications services and/or 
public telecommunications 
networks, including obligations 
under ONP legislation and/or which 
require the licensee to provide 
universal service; 
(d) to impose specific obligations, in 
accordance with Community 
competition rules, where the licensee 
has significant market power, as 
defined in Article 4(3) of the 
Interconnection Directive in relation 
to the provision of public 
telecommunications networks and 
publicly available 
telecommunications services. licences for the following purposes 
only: 
(a) to allow the licensee access to radio 
frequencies or numbers; 
(b) to give the licensee particular rights 
with regard to access to public or 
private land; 
(c) to impose obligations and 
requirements on the licensee relating 
to the mandatory provision of 
publicly available 
telecommunications services and/or 
public telecommunications 
networks, including obligations 
which require the licensee to provide 
universal service and other 
obligations under ONP legislation; 
(d) to impose specific obligations, in 
accordance with Community 
competition rules, where the licensee 
has significant market power, as 
defined in Article 4(3) of the 
Interconnection Directive in relation 
to the provision of public 
telecommunications networks and 
publicly available 
telecommunications services. 
Notwithstanding paragraph 1, the 
provision of voice telephony 
services, the establishment and 
provision of public 
telecommunications networks as 
well as other networks involving the 
use of radio frequencies may be 
subject to individual licences. Notwithstanding paragraph 1, the 
provision of publicly available voice 
telephony services, the establishment 
and provision of public 
telecommunications networks as 
well as other networks involving the 
use of radio frequencies may be 
subject to individual licences. 
Article 19 
(following amendment 4) 
Without prejudice to sections II and III, 
where the provision of a 
telecommunications service is not yet 
covered by a general authorization and 
where such a service and/or network 
cannot be provided without Without prejudice to sections II and III, 
where the provision of a 
telecommunications service is not yet 
covered by a general authorization and 
where such a service and/or network 
cannot be provided without 
authorization, Member States shall, not 
later than six weeks after they have 
received an application, adopt 
provisional conditions or reject the 
application and inform the undertaking 
concerned of the reasons therefor. As 
soon as possible thereafter, Member 
States shall adopt definitive conditions 
or consent to the provision of the 
service concerned without authorization 
or provide reasons for any refusal to do 
so. authorization, Member States shall, not 
later than six weeks after they have 
received an application, adopt 
provisional conditions allowing the 
undertaking to start providing the 
service or reject the application and 
inform the undertaking concerned of the 
reasons therefor. As soon as possible 
thereafter, Member States shall adopt 
definitive conditions or consent to the 
provision of the service concerned 
without authorization or provide 
reasons for any refusal to do so. 
Member States shall lav down an 
appropriate procedure for appealing to 
an institution independent of the 
national regulatory authority against 
refusals to adopt provisional or 
definitive conditions, rejections of 
applications or refusals to consent to the 
provision of the service concerned 
without authorization. 
Article 23 
(following amendment 5) 
Before 1 January 2000, the Commission 
shall prepare a report to be submitted to 
the European Parliament and Council. 
The report shall include an assessment, 
on the basis of the experience gained, of 
the need for further development of the 
regulatory structures as regards 
authorizations, in particular in relation 
to the scope of individual licences, to 
harmonization and to trans-European 
services and networks. Any 
amendments necessary to adapt the 
content of the Annex to new 
technological developments and 
appropriate practical procedures, 
together with Article 7(2), shall also be 
considered in this report. Before 1 January 2000, the Commission 
shall prepare a report to be submitted to 
the European Parliament and Council 
and to be accompanied, where 
appropriate. by new legislative 
proposals. The report shall include an 
assessment, on the basis of the 
experience gained, of the need for 
further development of the regulatory 
structures as regards authorizations, in 
particular in relation to the 
harmonization of the procedures and the 
scope of individual licences, to other 
aspects of harmonization and to trans-
European services and networks. The 
report shall also include proposals with 
a view to consolidating the various 
committees existing in Community 
telecommunications legislation. Any 
amendments necessary to adapt the 
content of the Annex to new 
technological developments and 
appropriate practical procedures, 
together with Article 7(2), shall also be 
f 
considered in this report. 
Annex 
(following amendment 6) 
This list of conditions shall be without 
prejudice to: 
any other conditions which are not 
specific to the telecommunications 
sector; 
measures taken by Member 
States in accordance with public interest 
requirements recognized by the Treaty, 
in particular Articles 36 and 56, 
specifically in relation to public 
morality, public security, including the 
investigation of criminal activities, and 
public policy. This list of conditions shall be without 
prejudice to: 
any other legal conditions which are not 
specific to the telecommunications 
sector; 
measures taken by Member 
States in accordance with public interest 
requirements recognized by the Treaty, 
in particular Articles 36 and 56, 
specifically in relation to public 
morality, public security, including the 
investigation of criminal activities, and 
public policy. 
ISSN 0254-1475 
COM(97) 100 final 
DOCUMENTS 
EN 15 06 10 
Catalogue number : CB-CO-97-084-EN-C 
ISBN 92-78-16605-7 
Office for Official Publications of the European Communities 
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