COMMISSION OP THE EUROPEAN COMMUNITIES 
C0M(93) 652 final - COD 482 
Brussels, 4 January 1994 
Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
ON A POLICY FOR THE MUTUAL RECOGNITION 
OF UCENCES AND OTHER NATIONAL AUTHORISATIONS FOR THE PROVISION OF 
SATELLITE NETWORK SERVICES AND/OR SATELLITE COMMUNICATIONS SERVICES 
(presented by the Commission) 
CONTENTS 
Page 
A. SUMMARY 3 
B. EXPLANATORY MEMORANDUM 5 
1. Introduction 5 
2. Approach chosen 6 
3. Recognition Procedures 7 
4. Appllcablity of the Directive 9 
5. Outline of the contents 10 
6. Conclusion 12 
Technical Annex to Explanatory Memorandum 
Background to Technical Issues in Licensing Satellite Services 13 
T.1 Introduction 13 
T.2 Satellite services: the parameters 13 
T.3 The mutual recognition of licences or other national authorisations 15 
T.4 Satellite Earth Station Network characteristics 15 
T.5 Control and Monitoring functions 17 
T.6 Standardisation and Type Approval 18 
T.7 Frequency Issues 20 
T.7.1 Frequency coordination 20 
T.7.2 Site clearance 20 
T.8 Legal Responsibilities 21 
T.9 Space Segment Access 24 
C. PROPOSAL FOR A DIRECTIVE BY EUROPEAN PARUAMENT AND COUNCIL 
ON A POUCY FOR THE MUTUAL RECOGNITION OF UCENCES AND OTHER 
NATIONAL AUTHORISATIONS FOR THE PROVISION OF SATELLITE NETWORK 
SERVICES AND/OR SATELUTE COMMUNICATIONS SERVICES. 26 
D. FINANCIAL OUTUNE 64 
SUMMARY 
This proposal aims at establishing a balanced and efficient procedure for the mutual recognition of 
national authorisations issued by Member States for the establishment and operation of satellite 
earth station networks (satellite network services) and/or the provision of satellite communications 
services. 
The proposed Directive implements a measure for 'harmonisation... as far as required to facilitate 
the provision and use of Europe-wide satellite telecommunications services subject, where 
applicable, to conditions necessary for compliance with essential requirements and special or 
exclusive rights stated as a major goal by the Commission in the Satellite Green Paper, while 
responding the Council request for "... measures on the basis of the appropriate Community 
procedures ... for the establishment of a harmonised regulatory framework for the licensing of 
satellite networks and satellite services...' as expressed in the Council Resolution of December 
1991. 
In its Resolution of 22 July 1993 regarding the Resolution on the Telecommunications Review, 
Council "..recognises as key factors in the development of future regulatory policy for 
telecommunications in the Community: ... the implementation of the principle of mutual 
recognition of national licences and authorisations based on harmonised conditions and with an 
interim solution based on one-stop shopping procedures". 
Until now, if possible at all, satellite communications service providers and satellite earth station 
network operators wanting to provide their services in more than one Member State generally had 
to apply for licenses in each Member State in which they wished to operate, not only for the service 
or network in general, but often for each individual satellite earth station concerned. 
Such time-consuming, parallel applications are not only restricting the provision of Community-
wide satellite services, but it has made the establishment of these services virtually impossible. The 
proposed Council Directive is expected to free the provision of satellite services from some of 
those time-consuming procedures. 
The proposal provides for an operational scheme with efficient licensing procedures to facilitate the 
establishment of European satellite services. For that purpose, two mechanisms will be 
established: one to cater for licensing under harmonised conditions fully recognised throughout 
Council Resolution of 19th December 1991, OJ No C 8,14.01.92, p.2 
the Community for those categories of satellite services where it proves possible; and another to 
cater, through the use of a transitional one-stop shopping regime, for those satellite services for 
which full mutual recognition has not been achieved. 
It is expected that with the establishment of the appropriate harmonisation conditions for certain 
categories of satellite services, the mechanism for applications under the transition regime will be 
progressively replaced by the mechanism of harmonisation for a broad line of satellite services. 
The effectiveness of this approach will be reviewed in due time, taking account of the degree of 
harmonisation achieved. 
The proposed Directive is fully in line with the spirit of the proposal for a procedure in the licensing 
of telecommunications services in the Community in general2. The proposed Directive will make 
use of the same committee - the Community Telecommunications Committee (CTC) - to assist the 
Commission in the implementation of the recognition procedure. 
The handling of the required frequency coordination and network numbering actions is mainly via 
the established national regulatory bodies set up for these purposes, taking due account of work of 
the European Committee for Telecommunications Regulatory Affairs (ECTRA) and the European 
Radiocommunications Committee (ERC) set up in the context of the recent reform of CEPT. 
With regard to access to space segment capacity, the proposal further builds on the discussions 
and decisions taking place within the International Satellite Organisations and in particular those 
within the EUTELSAT framework. 
Although this proposal is an essential step towards the establishment of a Community-wide satellite 
communications market whereby users may enjoy satellite services tailored to their needs and 
whereby the establishment of satellite services will be greatly facilitated, the full benifits will be 
reaped when other Community actions enter into force which aim to liberalise the satellite 
communications sector. This refers in particular to " the extension of the principles concerning 
competition in the markets for telecommunications terminal equipment and telecommunications 
services to aspects of trade and use of the appropriate satellite earth stations..." as called for by 
Council in its Resolution of 19 December 1991. The Commission intends to respond to this request 
by Council in the near term. 
"Proposal for a Council Directive on the mutual recognition of licences and other national authorisations to 
operate telecommunications services, including the establishment of a Single Community Telecommunications 
Licence and the setting up of a Community Telecommunications Committee (CTC)", COM(92)254,15.07.92 
B. EXPLANATORY MEMORANDUM 
1. Introduction. 
The Commission's 'Green Paper on a common approach in the field of satellite communications in 
the European Community", issued in November 1990 , laid the foundation for a coherent policy at 
Community level in the field of satellite communications. Following an extensive consultation 
period, which started immediately after the release of the Satellite Green paper, the Commission 
hereby submits a draft legal text which implements one of the said goals under support of Member 
States via the Council Resolution on Satellite Communications of December 1991. 
The first measure the Commission proposed in the satellite communications field was a proposal 
for a Council Directive concerning mutual recognition of type-approval of satellite earth station 
equipment. On the basis of the Commission proposal, Council adopted a Common Position0 in 
July 1993. The Council Directive foresees the mutual recognition of type-approval procedures for 
satellite earth station equipment by the introduction of Common Technical Regulations, based on 
harmonised standards, as the basis for unified type-approval procedures in the Community. These 
procedures are an important precursor to the Community licensing regime, proposed in this 
Directive. 
Satellite services - be it the establishment and operation of a satellite earth station network or the 
provision of a satellite communications service - in line with general principles of Community law, 
as expressed in Directive 90/388/EEC on Competition in the Markets for Telecommunications 
Services , may be subject to licensing to licensing or declaration procedures by Member States 
necessary to warrant compliance with essential requirements or special and exclusive rights 
"Towards Europe-wide systems and services: Green Paper on a Common Approach in the field of Satellite 
Communications in the European Community", COM(90)490 final, 22.11.90 
"Council Resolution on a the development of the Common Market for satellite communications services and 
equipment", OJ No C 8,14.1.92, p.l 
"Proposal for a Council Resolution on the approximation of the laws of the Member States concerning 
satellite earth station equipment, extending the scope of Directive 91/263/EEC", COM(92)451 final SYN 444, 
10.12.92 
"Council Directive supplementing Directive 91/263/EEC in respect of satellite earth station equipment", 
Common Position of 22 July 1993. 
OJ No L 192,24.07.90, p.10 
compatible with Community law. These procedures must be based on objective criteria and in 
proportion to their objective. 
Generally, at the moment, if satellite earth station network operators or satellite communications 
service providers want to provide their services in more than one Member State, they must apply 
for licenses in each Member State in which they wish to operate, not only for the service and/or 
network in general, but often for each individual satellite earth station concerned. 
Such time-consuming, parallel applications are not only restricting the provision of Community-
wide satellite services, but it has made the establishment of these services virtually impossible. The 
resulting division in twelve restricted national markets, currently mostly under monopoly control of 
the national Telecommunications Operators, is clearly contradicting one of the principal aims of the 
establishment of an internal market for satellite services and equipment. 
This proposal now caters for an implementation of the mutual recognition procedure for licences 
for satellite services. 
2. Approach chosen. 
The proposed Directive aims at establishing balanced and efficient procedures for mutual 
recognition of licences and other authorisations for the provision of satellite services, both satellite 
network services (the establishment and operation of satellite earth station networks) and satellite 
communications services. 
It provides that satellite network operators and satellite service providers, authorised and 
supervised by the competent authorities of any Member State may also establish and operate the 
satellite earth station networks and/or provide satellite communications services in all other 
Member States through the harmonisation of licensing conditions for certain satellite service 
categories, wherever possible. 
The procedures have been drafted taking into account the specific situation in the 
telecommunications sector in general, and the satellite communications sector in particular. 
Mutual recognition of licences implies that a level of protection of the harmonised essential 
requirements is obtained which will be practicable and valid in every Member State. To that effect, 
relevant essential requirements will be specified in the applicable Directives of the Community, in 
particular through the submitted Proposal for a Council Directive8 on approximation of the laws of 
the Member States concerning satellite earth station equipment, extending the scope of Council 
8 COM(92)451 of 10.12.92, resulted in Common Position, see footnote 5. 
Directive 91/263/EEC. Also of importance in this respect are the Council Directive on the 
application of Open Network Provision to leased lines , and other ONP Directives - inter alia, the 
ONP Voice Telephony Directive. 
Since harmonisation at Community-level of these essential requirements is still not fully achieved, a 
Member State might deem it necessary to impose conditions on the provision of satellite network 
services and/or on the provision of satellite communications services, which differ from those 
imposed by other Member States, to warrant compliance with the essential requirements. 
In some instances, Member States have already introduced concepts which facilitate the 
application procedures for satellite services by allowing requests for satellite services licenses of 
other Member States to be cleared through national regulatory authorities via a joint single point of 
contact. 
Also, the countries of the CEPT (European Conference of Postal and Telecommunications 
Administrations ) are analysing the feasibility of harmonisation of conditions for certain 
telecommunication services. This work is useful and will facilitate future licensing of Europe-wide 
services. 
In order to avoid additional complex procedures and to ensure a pragmatic approach, the proposal 
thus foresees that the expertise of the European Committee for Telecommunications Regulatory 
Affairs (ECTRA) and the European Radiocommunications Committee (ERC), recently set up in the 
CEPT framework, are fully taken advantage of in the proposed approach. 
In this way, the directive is also brought in line with the Council Resolution of 22 July 1993 in which 
the Council "recognises as key factors in the development of future regulatory policy for 
telecommunications in the Community:... the implementation of the principle of mutual recognition 
of national licenses and authorisations based on harmonised conditions and with an interim 
solution based on a one-stop-shopping procedure". 
3. Recognition procedures. 
A. Mutual recognition on the basis of harmonised conditions. 
The proposal builds on the principle that mutual recognition is granted in a procedure on the basis 
of harmonisation of the national conditions for the authorisation of satellite services by service 
9 OJNoC58,1991,p.lO 
10 Composed of 35 members, including all Community Member States (state of 1.8.93). 
8 
categories. It also provides for the possibility of mutual recognition for categories of services 
without harmonisation where full harmonisation does not seem required. The directive establishes 
an efficient procedure for the harmonisation of conditions for authorisation which allows to take 
advantage of the expertise of ECTRA and ERC. 
A two-step approach is being proposed in this Directive for the determination of harmonised 
licensing conditions of satellite services. 
As a first step, ECTRA may be mandated by the Commission to elaborate the technical basis for 
harmonised licensing conditions, based on the expertise of ECTRA and ERC, in the wider 
European context, and as such appropriate to satellite communications. The technical basis could 
include matters such as arrangements for the coordination of frequencies or for site approval, 
verification of space segment access arrangements, issuying of network numbering schemes, 
practical arrangements which facilitate contacts with prospective licenced satellite network 
operators in case of an emergency, practical adherence to specific national conditions in 
conformance with Community law, etc. 
As a second step, the Commission will test the provided technical basis against Community law 
and Community policies, in particular telecommunications policy; after which common licensing 
conditions will be adopted, in accordance with the responsibilities conferred on the Commission by 
the Directive. Should the technical basis not be delivered in time, or not be in accordance with 
Community law, the Commission will adopt common licensing conditions on a technical basis 
proposed by the Commission itself, and in accordance with the foreseen Committee procedure. 
The precise modalities for cooperation between the Commission and ECTRA (CEPT) are intended 
to be agreed upon In a Memorandum of Understanding. The MoU wOl, inter alia, stipulate the 
specific arrangements with regard to work contracted out by the Commission to ECTRA (or ETO). 
In this regard the role of ECTRA is to provide the necessary technical expertise for the completion 
of the contracted work, in accordance with a framework contract that will be concluded between 
the Commission and ECTRA under cover of the MoU. 
B. Transition regime 
As the mutual recognition of national authorizations for the provision of satellite communications 
services under this procedure will now normally require the prior harmonization of licensing 
conditions, a transitional "one-stop shopping" regime is introduced for those categories for which 
such harmonisation is still not achieved. This transition regime is explicitly foreseen to limit delays 
in the creation of a pan-European market for satellite communications services. 
Under the transition regime, a mechanism is established for the coordination of national 
authorisation procedures aiming at facilitating the application for, and granting of, existing national 
authorisations in cases where authorisations are not mutually recognized prior to harmonization. It 
includes the possibility for the Commission to entrust the technical administration of the one-stop-
shopping procedure to ECTRA or to recognize other arrangements, such as Memoranda of 
Understanding between regulatory authorities, for the technical administration of this procedure. 
C. Review 
The proposal provides for a review of the procedural arrangements and in particular of its 
institutional framework on the basis of the experience. 
D. Information requirement 
The directive establishes clear requirements to provide information concerning the procedures 
including the transmission of an annual report by the CTC and the Member States in order to 
increase the transparency of the application of the procedures set out in this directive. 
4. Applicability of the Directive. 
The Community, in implementing this Directive, must also work towards opening of third country 
markets to allow extensions of the satellite services to and from those markets. With this goal In 
mind, the approach must take the current situation into account in which a considerable number of 
countries have their markets firmly closed for foreign owned service providers. 
Therefore the rights dereived from this Directive shall apply only to undertakings which are owned 
and are continued to be owned through a three fourths majority ownership by Member States 
and/or nationals of Member States and which have its principal business and, if any, its registered 
office in a Member State. 
These applicability provisions will remain to be applied until satisfactory completion of bilateral or 
multilateral agreements which allow a more balanced development, or until the developments of 
the satellite sector requires a review of these provisions in Cound. 
10 
5. Outline of the Contents. 
Underlying the proposed Directive is the aim to create simplified regulatory authorisation 
procedures which facilitate better the provision of Community-wide satellite services while 
respecting, in particular, concerns of Member States related to compliance with essential 
requirements and special or exclusive rights which are granted in conformity with Community law, 
as well as concerns regarding compliance with national laws and international obligations 
concerning frequency and site coordination. 
The proposed Directive foresees that Commission and Member States share the workload and 
related responsabilises in the implemenation of the Directive. The elaboration of harmonised 
conditions for satellite service licences is expected to be largely done at the level of the Member 
States, under a Commission mandate to the CEPT. Also the technical arrangements within the 
context of the one-stop shopping concept are expected to be dealt with by the Member States, 
possibly within the CEPT framework. The Commission further retains the responsability to verify 
that the elaborated harmonised conditions are compatible with Community law and the 
Commission will subsequently adopt the related common licensing conditions with assistance of 
an advisory Committee, composed of Member States' representatives. 
Leaving the arrangements for the elaboration of harmonised conditions to the Member States 
would entail multiple, bilateral agreements without assurances that coherent, harmonised 
conditions for satellite services would be implemented in parallel in all Member States. This would 
substantially delay, if not inhibit, the development of satellite services which are, by virtue of the 
technology, international in character. 
The proposed Directive lays down the framework for the timely establishment of the harmonised 
licensing conditions, without entering into detail, or prescribing these conditions as this will be left, 
in first instance, to the Member States. 
Article 1 establishes the overall objective of the Directive i.e. to provide a procedure to allow for the 
Community-wide provision of satellite services. 
Article 2 defines the terms used. 
Article 3 specifies the scope of the Directive i.e. which services will be concerned by the 
procedures established. 
Article 4 ensures the right to provide satellite services. 
Article 5 sets out the effects of the mutual recognition arrangements. 
11 
Article 6 calls for the establishment of procedures for the establishment of the harmonisation 
conditions for satellite service licences. 
Article 7 provides for the mutual recognition for those services for which no harmonisation is 
required. 
Article 8 covers the granting of mutual recognition for certain satellite services. 
Article 9 requires the Commission to publish the mutually recognised satellite service categories. 
Article 10 concerns the scope of the transition regime. 
Article 11 settles the technical administration of the transition regime. 
Article 12 describes the conditions to which the transition regime has to comply. 
Articles 13 to 17 sets out procedures for the necessary frequency and site coordination. 
Article 18 provides for the harmonisation of frequency bands for satellite communications services 
and satellite network services in consultation with ERC. 
Article 19 makes provision for a procedure for the allocation and registration of numbers, 
addresses or names. 
Article 20 to 21 contain provisions on arrangements for access to space segment. 
Article 22 makes provisions for the implementation, modification and withdrawal of authorisations. 
Article 23 to 24 concern the appeal mechanism. 
Article 25 to 26 concern the Committee procedures. 
Article 27 seeks to ensure comparable treatment of nationals of the Member States in non-
Community countries. 
Article 28 provide Member States the possiblity to intervene in interconnection agreements. 
Article 29 describes the arrangements for contingencies in case of faulty transmissions and 
interference into other communication networks. 
Article 30 concerns the provision of fees under the proposed regime. 
Article 31 to 34 set out procedural provisions regarding fees, confidentiality covered by the 
obligation of professional secrecy, the establishment of procedures regarding emergency or 
12 
special satellite services, and the notification of national regimes and conditions by the Member 
States. 
Article 35 to 37 contain standard clauses concerning the annual reporting procedure, the revision 
of the Directive, and the implementation of the Directive by the Member States. 
6. Conclusion. 
The draft Directive aims at facilitating substantially the provision of satellite services in the 
Community. It takes full account of the positions adopted by Council in its Resolutions of 19 
December 1991 on Satellite Communications, and of 22 July 1993 on the Review of the situation in 
the Telecommunications Sector. 
The proposal for a Directive is an important step in the development of the satellite 
communications sector which should substantially increase the economic activities in that sector 
and bring the resulting benefits to the users of satellite services. 
The European Pariiament and Council are therefore requested to adopt the attached proposal for a 
Directive. 
13 
TECHNICAL ANNEX TO THE EXPLANATORY MEMORANDUM 
Background to Technical Issues in Licensing of Satellite Services. 
T. 1. Introduction. 
Satellite earth station networks consist of one or several earth stations (up to several thousands) 
which interwork via a satellite system and which are controlled by means of a centralised control 
and monitoring facility. This does not mean that the functions of the facility are always central to the 
network (e.g. for the socalled "hub-stations" in VSAT networks) but that they are centralised at 
system level. The remote earth stations can be dispersed across various nations and even across 
various continents. 
Current practice for the licensing of satellite earth station networks is the issuing of individual 
licences for each earth station of the network unless the network consists of receive-only terminals, 
in which case a class licence is given or no licence is required. 
In addition, the licences for the network (including those for the remote stations) and the actual 
services over the network are in some countries considered under a single licence while others 
argue for separated licences. 
Within the Community now. it seems sensible to have an arrangement for the licensing of satellite 
services which offers the possibility to separate the satellite earth station network operator from the 
satellite communications service provider. The network operator is by no means always the 
communications service operator and the licensing arrangements for networks and services are of 
quite a different type and nature. Nevertheless, a joint licence for both services shall also remain to 
be part of the possibilities, in line with current practice. 
T.2. Satellite services: the parameters. 
in order to analyse the situation, possible network configurations and technology issues as well as 
service characteristics need to be detailed. Ideally, technical parameters, taken into account in the 
licensing process, should be kept at a minimum and in a way that does not invite by-pass of the 
licence through the use of newer technologies. 
The following list provides an overview of issues which are of varying importance in this respect. 
Network characteristics topology of the network 
size of the network 
14 
Control and monitoring functions 
Type approval issues 
Frequency issues centralised control, local control 
technical specifications and standards 
type approval of terminals 
frequency bands 
frequency coordination 
site clearance 
Legal responsibilities 
Service issues 
Space segment access 
Connection to other networks space segment operator 
earth stations operators 
service provider 
customer 
installation and maintenance organizations 
regulatory safeguards 
scope of services 
telecommunications vs. audio-visual 
satellite system used 
operational agreements 
harmonization need and feasibility 
to the public network 
to other authorised networks 
The satellite earth station network licence is not intended to cover the area of commercial contract 
between the licence applicant and e.g. a equipment provider or the satellite capacity provider. 
However, the interactions between those entities might have to be considered and assurances 
have to be given that space segment is available, in view of effective use of orbital and related 
frequency resources. 
Also, the licence does not assign frequencies for the service intended. Once a satellite system is 
notified to the International Frequency Registration Board (IFRB) of the International 
Telecommunications Union (ITU), and after the appropriate coordination of the system's frequency 
plan with other satellite operators, the satellite operator sells or leases capacity within the agreed 
and coordinated technical framework. 
This would then mean that, in principle, the frequencies are available as they are coordinated with 
the introduction of the satellite system, however some terrestrial frequency coordination between 
individual earth station (and possibly some other terrestrial services) might remain necessary. It 
should not be forgotten however, that national use of frequencies might differ from the tables 
15 
agreed under the ITU fora, as long as other countries are not affected. In such cases, frequency 
and site coordination becomes very difficult and jointly declared exclusive use of bands for certain 
applications would facilitate the use of the bands with a minimum of coordination procedures. 
T. 3 The mutual recognition of licences or other national authorisations. 
In providing a satellite network and communications services under a Community scheme, the 
main points to be solved are: 
a. Harmonization and/or mutual recognition of national licences or authorisations; 
b. Scope of this process; 
c. Control and legal intervention of the National Regulatory Authorities; 
Certain regulatory questions need to be solved, some of which concern aspects existing in every 
country (and therefore, in principle, relatively easy to harmonise), while some issues only exist on a 
per country basis, though part of the same network. For example, the hub station is in one country, 
the remote satellite stations in others, while in some countries frequency coordination and site 
clearance might need to take place (not allocation of frequencies), in other the remotes are 
connected to the public network, etc., etc. The currently proposed licensing regime shall be 
sufficiently flexible to cater for these issues to be solved with a minimum of administrative burdens, 
while taking account of individual requirements of Member States. 
7.4. Satellite Earth Station Network Characteristics. 
A group of satellite earth stations can be considered as a network as soon as a set of networking 
functions, centralized or distributed, are common to this group of stations and are operated under 
the responsibility of a single operator known as "the satellite earth station network operator". 
Those networking functions can include, for example, Closed User Group (CUG) management 
functions, tariffing and billing functions, and control and monitoring functions. 
The general term "satellite earth stations" covers very different categories of stations. In general, a 
major division of satellite earth stations concerns "autonomous" stations and "remote" stations. 
The "autonomous" satellite earth stations concern infrastructure stations (e.g. INTELSAT-A and B, 
EUTELSAT-A), the central monitoring and control stations for VSAT and mobile networks, satellite 
news gathering stations, and certain types of larger business stations (e.g. INTELSAT-IBS, 
16 
EUTELSAT-SMS). These stations require permanent presence of qualified personnel, at least for 
the duration of any transmission, and access space segment directly under the supervisory control 
of a satellite operations centre. 
However, "reroote" stations access space segment under the control and monitoring capability of 
another satellite earth station, called a network control station. These "remote" stations are usually 
not manned with qualified professional operations staff and are located directly at customer's 
premises. Examples are the various mobile satellite stations (Inmarsat-A, B, C, M, EuteTTracs, 
Prodat) as well as the Very Small Aperture Terminals (VSAT's) of various sizes and applications. 
Per definition, all receive-only stations (for TV as well as data) fall in this category as well as mobile 
handheld satellite terminals. 
The network can consist of a single station (e.g. a satellite news gathering unit) controlled via a 
satellite operations centre and transmitting to one other station, or have [a] star or meshed 
configuration[s], but could also be mixes of star network via shared traffic hubs, various 
combinations of mobile and fixed networks etc. The existing national licensing regimes do not 
seem to put any conditions on the configuration of the network and it would certainly not be 
desirable to do so in the future as any such measures will come up against technology 
developments which will immediately go beyond any artificial boundaries. 
Also, the traffic can be one-way, two-way, one-way with terrestrial returns, point-to-point, point-to-
multipoint etc. 
Currently, receive-only earth stations not connected to the public networks can be freely marketed, 
installed, maintained and operated, either under a class licensing scheme (or without any licence) 
as per Commission Directive 88/301 /EEC. 
Transmit/receive satellite earth stations deserve more attention, as they can induce harmful 
interferences, if not properly specified, installed or operated. As such, licensing is a requirement in 
order to try and avoid interference problems and have some guarantees of effective use of the 
orbit. 
The size of the network can be quantified by, for example, the number of stations, the bit rate on 
the links, the diameter of the antennas. In most cases the dimensioning of the network itself should 
not raise any regulatory issues. 
The Commission's Green Paper on Satellite Communications acknowledges though, that very 
large satellite communications systems, even when not connected to the public network, may 
obstruct the operation of services of general economic interest, in which case regulatory 
safeguards might apply. However the relation between the size of the satellite network and the 
17 
"harm" caused to those activities of general economic interest may vary substantially from one 
country to another, depending e.g. on the state of development of the public infrastructure. 
Given the current, very low, percentage of satellite usage in Europe, combined with the developed 
state of most countries' terrestrial networks, it would seem that the size of satellite earth station 
network should not be part of the regulatory considerations. 
T. 5. Control and Monitoring Functions. 
In existing satellite network architectures, networking functions include control and monitoring 
functions. Whether the traffic topology is a star configuration or a meshed configuration, the 
control and monitoring functions are generally centralised within the control and monitoring 
station. In the star configuration, this central control and monitoring station coincides usually with 
the traffic hub point. 
The remote stations are those stations which can only transmit and access the space segment 
capacity when authorized to do so by the control and monitoring functions of a centralised network 
facility which is not part of the satellite operations centre. 
The objective of the control and monitoring functions is to ensure a safe operation of the network. 
They allow identification and shut down (when necessary) of any remote earth station in one of the 
following situations: 
the remote earth station is in a failure status such that either the station is causing interference 
to other radio stations or there is a high probability that the station might cause interference 
to other radio stations; 
the remote earth station is in a failure status such that the control and monitoring functions 
are disabled. 
The remote earth stations defined above are mostly designed to be inexpensive, easy to operate 
earth stations which might be unattended. 
Satellite earth stations which are not remotely and automatically controlled by centralised control 
and monitoring functions should be attended 24 hours a day by qualified staff (or at least whenever 
they are transmitting) in order to be able to respond to instructions from a satellite operations 
centre. The main duties are to check that the transmitting parameters are maintained, and to take 
steps in the event of breakdown or in the case of causing interference. This not only applies to 
large infrastructure satellite earth stations (e.g. INTELSAT Standard A earth stations) but also to 
18 
private satellite earth stations (e.g. INTELSAT Standard E1 earth stations), satellite news gathering 
earth stations, and to the VSAT control and monitoring stations themselves. 
As a general rule, the implementation within the networking functions of a minimum set of control 
and monitoring functions, answers two main concerns: 
It provides some form of guarantee that the operator has the appropriate tools to operate his 
network in the appropriate way (although it does not guarantee that the network is operated 
in that way) 
The introduction of a new, additional remote earth station and its subsequent operation can 
be undertaken under the control and responsibility of the satellite network operator. Thus, this 
should require very limited regulatory intervention (if any). This would give great flexibility to 
the licencee for any further extension of the network. 
7.6. Standardisation and Type Approval. 
The International Satellite Organisations (ISO's) were set up (at inception) to provide satellite space 
segment capacity for use by a number of network operators (the national Public 
Telecommunications network Operators) in order to meet the satellite communications 
requirements of the users. In order to fulfil their mission, the ISO's had to develop detailed 
specifications. For historical reasons, those specifications cover mainly the traditional large 
infrastructure earth stations (INTELSAT-A, B etc., EUTELSAT-A, etc.) although the newer and 
smaller stations are covered nowadays as well (e.g. Inmarsat-C and the new INTELSAT types). 
Those specifications are well established references but can not be defined as "standards" in the 
true sense of the word. They are specifications to ensure interoperability within the confines of the 
technical systems those organisations have established. They were developed to guarantee: 
the interoperability of the earth stations and the space segment, 
the good cohabitation of users of the Organization's space capacity, 
compliance with the characteristics of the network as a total which were established on the 
basis of satellite network coordinations, and published by the IFRB. 
These specifications themselves can be compliant with certain standards, like the ones developed 
by ETSI. These ETSI standards in the satellite earth station domain are technical envelopes, 
developed to allow the presence of several, different, systems to interwork within a certain defined 
19 
spectrum. These standards, however, do not provide any guarantees for proper functioning of 
satellite earth stations within a system. 
It is therefore important to distinguish clearly between specifications and standards. 
In general, the Satellite Earth Station Technical Committee (TC-SES) in ETSI has decided to rely to 
the maximum possible extent on the work already carried out in other fora concerning 
specifications/standards of earth stations. 
The ETSI TC-SES Committee is currently drafting standards that cover: 
Receive Only TV Earth Stations in FSS 10/11 /12 GHz band (outdoor unit only), 
Data Receive Only Earth Stations in FSS 10/11 /12 GHz band, 
Two-way VSAT Earth Stations in FSS 12/14 GHz band, 
Low data-rate mobile satellite earth stations in the 1.4/1.6 GHz-band, 
Low data-rate mobile satellite earth stations in the 12-14 GHz-band, 
Satellite News gathering stations, 
Interconnection of satellite earth stations to the PSTN and PSDN, 
Monitoring and control functions of satellite VSAT networks. 
Some additional ETSI standards are in preparation, like: 
Receive Only Earth Stations in BSS bands, 
VSAT Earth Stations in FSS 6/4 GHz band; 
Connection of satellite networks to the ISDN. 
Currently, no standard is developed by ETSI for the "large infrastructure earth stations", as they are 
unique stations, and their specifications depend very much on the characteristics of the space 
segment. They are tested and approved by the space segment operator, jointly with the station 
operator, before they can be introduced in the network and, because of their uniqueness, do not 
normally qualify for type-approval. 
20 
7.7. Frequency Issues. 
T. 7.1. Frequency coordination 
The most interesting features of satellite networks are often said to be their flexibility and 
reconfigurability. This supposes that no coordination is needed before the installation and bringing 
into service of a station. 
In most frequency bands, coordination of the Fixed Satellite Service with, as a minimum, the Fixed 
Service is required. This process can be a lengthy one. For instance, for the coordination of a 
satellite earth station in a shared Ku-band, the diameter of the coordination area ranges from 100 
km to 500 km, and has a good chance to cover more than a single country, certainly in Europe. 
The lead time for the examination of the coordination data is four months, and this is to be 
multiplied by the number of satellite earth stations to be coordinated. 
As this coordination process has been one of the obstacles in Europe for the establishment of 
satellite networks, the use of exclusive bands deserves preference. Some parts of the 14/12 GHz 
and 30/20 GHz frequency bands seem suitable for future exlusive use by VSAT satellite systems, if 
agreement can be reached by all administrations concerned. Therefore, future use of virtually 
exclusive frequency bands for certain satellite services shall be investigated as a priority in the 
Community. 
It should be made clear to satellite network operators that the use of shared bands introduces 
additional delays and constraints due to coordination procedures, and that these delays are 
beyond the control of individual regulatory authorities. 
Downlinks could possibly be authorized in any band as the coordination issues are less stringent. 
However, downlinks in shared bands could not be granted any protection if their use is not 
coordinated. 
7.7.2. Site clearance. 
A number of regulatory bodies have introduced the need for "site clearance" around a number of 
very sensitive areas, such as airports or National/International Defence Installations as well as 
around national monuments and historical sites. The objective of this process is mostly to 
guarantee that the radio services which are of vital necessity to those sites are not unduly affected 
(usually militairy/government installations, sometimes airports - aviation safety - ). 
In the United Kingdom, the detailed procedures and the points of contact for site clearance around 
airports are given in a "Code of Practice". 
21 
Studies are currently under way (in F, UK) to analyse more precisely the immunity of systems to be 
protected, and see how site clearance procedures should be adapted in the future. 
If the number of satellite earth stations grows as forecast in some market studies, the regulatory 
bodies might face two sorts of difficulties: 
on the one hand, the site clearance activity might become a real burden, and It might be 
necessary to adopt accelerated procedures in some determined cases, e.g. when the uplink 
is using exclusive bands, or when some parameters fall below predefined thresholds. 
on the other hand, the potential for interference will increase with the growing number of 
stations: thus it might be necessary to strengthen the site clearance rules and constraints. 
Site clearance is most often a local necessity. It is not clear whether it is necessary to harmonise 
those procedures. It might be necessary to harmonise the criteria for site clearance. In any case, 
the diversity should not create any technical or economic impediment to the development of 
satellite networks. 
T.8. Legal Responsibilities. 
When considering the provision of satellite services, a number of different entities play important 
but distinctly different roles in this provision. One essential element is to determine what are the 
responsibilities of each of those entities, and who should be the holder(s) of the licence(s). 
The main responsibilities are: 
* conformance to essential requirements: 
security of persons, 
no pollution of the radio frequency spectrum, 
data protection; 
* conformance to special or exclusive rights on public voice telephony (if applicable) ; 
* conformance to regulatory safeguards for public data communications services (if 
applicable); 
* conformance to other supplementary conditions established at Community level, like 
ownership rules, conformance to use of European numbering schemes etc. 
22 
In determining the entity which should be the holder of the licence, the responsibilities of each of 
the entities is of importance. 
The contractual relations between all those entities might be quite complex. Nevertheless, it will be 
necessary-to provide the licences to those entities that have been identified among others as 
having the tools and means to be compliant with the licensing requirements within each of the 
Member States. 
The satellite operator usually establishes and operates space segment capacity. He is responsible, 
through his administration, in respect of the ITU agreed orbit and frequency use, for any 
interference to any other satellite network or any other radiocommunication network, caused by 
the satellite system he operates. 
To ensure that the earth segment (the entire complex of all earth stations) is properly operated in 
accordance with the requirements of his space segment, the satellite operator describes the terms 
and conditions under which a satellite network operator can have access to the satellite system. 
Those terms and conditions also ensure compliance with the terms and conditions negotiated for 
the coordination of the satellite system as a whole under the ITU coordination process. 
The applicable terms and conditions are usually laid down in documents which define the 
characteristics of the satellite earth stations, the test procedures before a station is brought into 
service, and the operational procedures for operations (normal operations, in case of failure, 
reconfiguration of the network, etc). 
Currently, within each country, the international satellite organisations (INTELSAT, EUTELSAT, 
INMARSAT) are always represented by the national TO's as Signatories to the organisations. The 
national satellite systems are mostly operated by the national TO's as well, while private systems 
have different representatives. 
Main trunking or TV uplink satellite earth stations usually transmit without any automatic or remote 
control and/or authorisation. The automatic control and monitoring functions are very limited as 
they do not apply to these stations. The bringing into operations of these stations is assured 
manually, by qualified personnel, in coordination with the space segment control centres (like the 
INTELSAT Operations Centre). 
The operator must ensure that these stations cause no interference to other users of the radio 
spectrum. As the monitoring actions are manual, the station requires 24 hours-a-day attendance of 
qualified staff. 
23 
All procedures for actions in case of a failure have been defined by the satellite operator. The 
satellite operator must normally be able to reach a predefined earth station control point-of-contact 
to handle emergency and contingency situations. 
Satellite news gathering terminals also fall under this category of stations. 
Among operators of main stations, we can distinguish a special category of stations, namely the 
operators of network control stations of satellite earth station networks. These network control 
stations have the responsibility to control the whole of a satellite terminal network (either of the 
VSAT type or of the mobile type), either in a centralised way through a single station, or in a 
distributed way accross various stations. 
The network control earth station(s) contain(s) all the hardware and software dealing with 
networking functions such as addressing of the remote terminals, management of the network 
databases, control and monitoring of the different components of the network. 
In some configurations, part of the networking functions might be left to the customer, under the 
final control of the satellit network operator. 
The satellite network operator therefore has a leading role and responsibility in the operation of the 
network. However, although he operates the network control station (s), he is not necessarily 
responsible for all operational functions of the remote earth stations of the network although the 
network's central monitoring and control functions would fall under his responsibility. 
It is possible that the hub operator controls and monitors more than one network under a "shared 
hub" concept. 
Remote earth stations can be unattended. They can be owned by the customer, by the satellite 
network operator, or by the satellite service provider. As they are remotely and automatically 
controlled, they may probably be considered as "terminals" as part of the satellite network (not as 
part of the public infrastructure network), with the only constraint that they have to be type 
approved (and possibly frequency coordinated). 
The satellite service provider might be a third party company and, although possible, does not 
necessarily have to be the same entity as the satellite earth station operators. The service provider 
will be responsible for the compliance to "service issues" such as special or exclusive rights. 
It seems difficult to define the role of the end-user. Although the end-user clearly uses the service 
for his telecommunications requirements, and as such might not need to be placed under any 
regulatory control, the user of the network might wish to operate the network himself - in that case 
he should be qualified as a network operator and service provider at the same time. 
24 
However, if the user does not have the expertise available within his organisation, he might prefer 
to sub-contract this activity to a more qualified and experienced operator, even if he still owns the 
equipment (e.g. for economic reasons). 
Possible connections of the remote earth stations to the public network will often take place at the 
user's premises. 
T.9. Space Segment Access. 
The space segment used for the provision of satellite services can be either provided by one of the 
International Satellite Organisations (ISO's) or by a "separate" satellite system this being either 
space segment of a national satellite systems or of private satellite systems. 
Within the ISO's it is customary to rely on the satellite operator for the specification of the 
operational conditions to access the space segment. For the separate satellite systems a similar 
arrangement is foreseen. These arrangements are a sensible means of protection against 
interference and operational problems and as such should be considered as an essential element 
in a licensing scheme. In that case, the satellite network operator should be asked to use a satellite 
system with proven operational procedures and conclude an operating agreement with such a 
space segment operator. 
The items gathered in such an "operating agreement" and concluded between the satellite network 
operator and the satellite system operator, would contain the technical conditions to access the 
space segment such as: 
specifications of the stations; 
test results and a "conformance certificate"; 
procedures to access the space segment; 
procedures during operations (e.g. in case of failure, interference resolution, change of 
parameters). 
It should also indicate how responsibilities are shared between the satellite system operator and 
the satellite network operator. 
In the case of a satellite earth station network, the operating agreement could be "network oriented" 
so as to exempt remote earth stations from being individually covered by such an agreement. 
Any operating agreement between a satellite sysem operator and a satellite network operator 
should be under regulatory control by the regulatory bodies, firstly, to verify that all necessary 
25 
technical precautions are covered by the agreement, secondly, that the satellite operator does not 
introduce any unnecessary discriminatory conditions through this agreement process. Therefore, 
each applicant for a satellite earth station network licence will be asked to produce a specimen of 
his "operating agreement". 
As concerns the discussions in the International Satellite Organisations INTELSAT, Inmarsat and 
EUTELSAT on improvements to the access conditions to the space segment capacity of their 
respective intergovernmental satellite systems, this proposal builds on the progress of these 
discussions and in particular the recent decision by the EUTELSAT Assembly of Parties to propose 
the Member States options for improved and broadened access either through the installation of a 
national Signatory Affairs Office and/or through the socalled multiple access option in which 
access to the capacity can also be sought via Signatories other than the national one. The 
proposal foresees that both options shall be implemented and recognised. 
Of course, a Common Position should be build on in order to ensure fair treatment across the 
Community. This proposal takes full account of these developments. 
26 
CONTENTS 
CHAPTER I. 
Article 1 
Article 2 
Article 3 Scope and definitions 
Objective 
Definitions 
Scope 
CHAPTER II. 
Article 4 
Article 5 Mutual Recognition of National Authorisations 
Right to provide services 
Effects of recognition 
CHAPTER III. 
Article 6 
Article 7 
Article 8 
Article 9 Mutual recognition according to Common Licensing Regimes and 
procedures for harmonisation 
Harmonisation of conditions for authorisation 
Mutual recognition of national authorisations without need for prior 
harmonisation 
Mutual Recognition 
Publication of recognised service categories 
CHAPTER IV. 
Article 10 
Article 11 
Article 12 Transitional One-stop Shopping Procedure 
Scope of the transitional procedure 
Administration 
One-stop shopping procedure 
CHAPTER V. 
Article 13 
Article 14 
Article 15 
Article 16 
Article 17 
Article 18 Frequency and Site Coordination Arrangements 
Coordination directly by the applicant 
Request for coordination via the application 
Initiation of coordination procedures 
Commencement of the satellite network services 
Completion of coordination arrangements 
Harmonisation in consultation with ERC 
CHAPTER VI. 
Article 19 Numbering 
Allocation and registration of names, numbers or addresses 
27 
CHAPTER VII . 
Article 20 
Article 21 Access to space segment capacity 
Arrangements for space segment access and for conformance to 
operational requirements 
Access to space segment 
CHAPTER VIII. 
Article 22 Monitoring Procedure 
Implementation, modification and withdrawal of authorisations by Member 
States 
CHAPTER IX. 
Article 23 
Article 24 Appeal Procedure 
Appeal to the Commission 
Conciliation Procedure 
CHAPTER X 
Article 25 
Article 26 Community Telecommunications Committee 
Composition of the CTC 
Procedures for the CTC 
CHAPTER XI. 
Article 27 
Article 28 
Article 29 
Article 30 
Article 31 
Article 32 
Article 33 
Article 34 
Article 35 
Article 36 
Article 37 Final Provisions 
Applicability 
Interconnection to public networks 
Contingencies 
Fees 
Confidentiality 
Emergency, experimental and other special satellite services 
Harmonisation priorities 
Notification 
Review procedures 
Implementation of the Directive 
Addressees 
Annex I Information requirement in relation to applications. 
Annex II Satellite services, the conditions of which should be harmonised with priority. 
28 
Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
ON A POUCY FOR 
THE MUTUAL RECOGNITION OF UCENCES AND OTHER NATIONAL 
AUTHORISATIONS FOR THE PROVISION OF 
SATELUTE NETWORKS SERVICES 
AND/OR 
SATELUTE COMMUNICATIONS SERVICES. 
THE EUROPEAN PARUAMENT AND THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Community, and in particular Articles 57(2), 
66,100a and 235 thereof, 
Having regard to the proposal from the Commission , 
2 
Having regard to the opinion of the Economic and Social Committee , 
(1) Whereas the Green Paper on a common approach in the field of satellite communications in 
the European Community of 20 November 19903 calls for measures for facilitating trans-
European services, and in particular a Community scheme concerning the mutual recognition 
of licences for satellite earth station networks laying down inter alia, the conditions for the 
Community-wide operation of satellite earth station networks and possible conditions 
regulating hub (central control) earth station operations as well as a strengthened frequency 
i 
2 
3 COM (90) 490 final 
29 
coordination related to satellite communications in order to support Community-wide 
licensing. 
(2) Whereas the Council in its Resolution of 19 December 1991 on the development of the 
common market for satellite communications services and equipment ogives its support to 
the general goals of the Commission's Green Paper on a common approach in the field of 
satellite communications in the European Community and considers harmonisation and 
liberalisation as far as required to facilitate the provision and use of Europe-wide satellite 
telecommunications services subject, where applicable to conditions necessary for 
compliance with essential requirements and special or exclusive rights, as a major goal in 
satellite telecommunications policy; whereas in this Resolution the Council calls for measures 
on the basis of the appropriate Community procedures for the establishment of a harmonized 
regulatory framework for the licensing of satellite networks and satellite services; 
(3) Whereas Council in its Resolution of 22 July 1993 on the review of the situation in the 
telecommunications sector and the need for further development in that market Recognises 
as key factors in the deveopment of future regulatory policy for telecommunications in the 
Community, the implementation of the principle of mutual recognition of national 
authorisations based on harmonised conditions and with an interim solution based on a one-
shop shopping procedure, as well as the development of the policy established in the Council 
Resolution of 19 December 1991 in respect of satellite communications, in particular the 
adoption of measures envisaged in that framework and considers as major goal for the 
Community's telecommunications policy in the short term the adoption of legislative 
proposals in the field of satellites; 
(4) Whereas the proposal for a Council Directive on the mutual recognition of licences and other 
national authorizations for telecommunications services does not apply to the provision of 
mobile radio services and satellite services; whereas it is therefore necessary to extend the 
principle of mutual recognition of licences to satellite services, including mobile satellite 
services; 
(5) Whereas this Directive concerns the recognition of national authorisations for the provision of 
satellite communications services and the establishment and operation of satellite earth 
station networks granted by Member States; whereas an authorization to provide a satellite 
4 OJ. No C 8,14.1.92, p. 1 
5 OJ. No C 213, 6.8.93, p. 1 
6 COM (92) 254 of 15.07.92 
30 
communications service and an authorization to establish and operate a satellite earth station 
network can be granted separately or in one licence; 
(6) Whereas this Directive does not concern the mutual recognition of authorizations granted by 
third countries; whereas the coordination of Member States shall be strengthened with regard 
to services to/from non-Community countries in order to develop common procedures with 
regard to these services, building on the general principles which are in the course of being 
defined within the framework of the General Agreement on Tariffs and Trade (GATT) services 
agreement; 
(7) Whereas the approach which has been adopted to achieve mutual recognition of national 
licences and other authorizations is to establish procedures whereby the undertakings 
involved may obtain a mutual recognition of their national authorizations; whereas the main 
objective is to achieve this by way of mutual recognition on the basis of the establishment of 
harmonised licensing conditions for the provision of satellite services; whereas, for those 
satellite services for which harmonisation of licensing conditions has not yet been achieved, a 
transitional one-stop shopping regime shall facilitate the obtention of authorisations; 
(8) Whereas the specificities of satellite earth station networks and in particular their network 
topology requires detailed information to be available for each relevant national regulatory 
authority to assess compliance with the stipulations of this Directive for that part of the 
network which is intended to be operated on the territory under jurisdiction of each of the 
Member States; whereas this information should be provided by the applicant in accordance 
with the information requirement of Annex I; 
(9) Whereas, on the basis of mutually recognised national authorisations, the satellite service 
providers and satellite earth station network operators will be allowed to operate, throughout 
the Community, any or all of the activities for which they are holder of an authorization from 
one Member State, by establishing branches or by providing services; whereas the mutually 
recognised national authorisations will not free its holders from the obligation to comply with 
national legislation in conformity with Community law which is not specifically related to 
satellite services, in particular legislation on broadcasting; 
(10) Whereas the provision of satellite services may involve interconnection arrangements being 
agreed between the holder of a recognised national authorisation and terrestrial public 
network operators; whereas Member States should have the power to intervene in 
interconnection negotiations in order to ensure their timely and efficient implementation; 
(11) Whereas for some categories of satellite services it might appear unnecessary to proceed to 
a prior harmonisation of the conditions for authorisation; whereas it should therefore be 
31 
possible to grant mutual recognition of national authorisations for certain categories of 
satellite services without prior harmonisation; 
(12) Whereas, in order to take advantage of the existing expertise national regulatory authorities in 
a wider European context, it should be possible to give mandates for harmonisation to the 
European Committee for Telecommunications Regulatory Affairs (ECTRA) and the European 
Radiocommunications Committee (ERC), which have been established in the framework of 
the CEPT; 
(13) Whereas notwithstanding the extension of the provision of satellite services to third countries 
their operation may require frequency and site coordination in third countries; whereas in 
these cases the third countries concerned must be provided with the necessary information; 
whereas those parts of the satellite earth station network which require frequency and site 
coordination shall only be established and operated if the necessary coordination procedures 
have been completed; 
(14) Whereas, as a transitional measure, a coordinated one-stop shopping procedure should be 
established facilitating the application for national authorisation in cases where mutual 
recognition is not yet achieved; whereas the introduction of mandatory time-limits is 
necessary to render the procedure more efficient; whereas it is expected that with the 
establishment of the appropriate harmonised conditions, the licensing mechanism for 
individual applications under a transition one-stop shopping regime will be progressively 
replaced by the mechanism for national licensing of service categories on the basis of mutual 
recognition; 
(15) Whereas, in respect of the one-stop shopping procedure, bodies such as ECTRA and/or 
ERC, recognised as competent in this area, could be relied upon for the administration of 
such a procedure, subject to the establishment of suitable arrangements for cooperation; 
(16) Whereas in cases of new service categories for which the harmonised Community licensing 
conditions have not yet been agreed, such as in the case of services from non-geostationary 
satellites including low earth orbiting satellite systems, and in cases where certain satellite 
services might not be covered by any of the established service categories due to the 
uniqueness of the service for which a licence is sought, applications for mutual recognition 
can be dealt with under the transitional one-stop shopping regime until the harmonised 
conditions for the service category in question have been elaborated; 
(17) Whereas there is a necessary link between the authorisations granted for the operation of 
satellite network services and the exclusive use of certain frequencies; whereas the operation 
of certain satellite network services requires furthermore a clearance procedure to guarantee 
32 
the proper functioning of radio services of a vital importance to certain sensitive areas, such 
as governmental or military installations and airports; whereas the mutual recognition of 
licences granted for the operation of satellite network services can for this reason only be 
envisaged in conjunction with the allocation of the required frequencies in the other Member 
States; whereas the use of frequencies in the Member States has yet been harmonized only 
to a limited extent; whereas this directive therefore introduces additional measures as regard 
the allocation and coordination of frequencies for the operation of Community-wide satellite 
network services; 
(18) Whereas mobile satellite services and position-fixing satellite services, in particular those 
provided via transportable satellite earth stations, do not differ substantially from other two-
way point-to-point or point-to-multipoint satellite communications applications and should 
therefore not be subject to regulatory safeguards and constraints other than those set out in 
this Directive; whereas however special considerations need to be taken into account with 
regard to frequency and site coordination arrangements for certain use of transportable and 
mobile satellite earth stations; whereas this proposal takes account of these special 
considerations; 
(19) Whereas the applicant should have the possibility to arrange for the necessary frequency 
coordination directly with the appropriate authorities concerned or, alternatively, should have 
the possibility to request for a frequency and site coordination arrangement, in parallel and in 
addition to the licensing procedure; whereas a suitable frequency and site coordination 
arrangement shall be agreed for each category of satellite network service; whereas, for this 
purpose, supplementary conditions shall be added to the mutually recognised national 
authorisation; 
(20) Whereas the creation of the European Radiocommunications Committee (ERC) and the 
European Radiocommunications Office (ERO) in the framework of the European Conference 
of Postal and telecommunications Administrations (CEPT), following Council Resolution 90/C 
166/02 of 28 June 1990, 'has substantially strengthened cooperation mechanisms in the 
frequency field; whereas the recognised technical expertise of ERC/ERO could be build upon 
in appropriate cases, in order to identify the frequency coordination arrangements necessary 
for the mutual recognition of national authorisations for satellite services, on the basis of a 
mandate from the Commission; 
(21) Whereas any operation of satellite network services requires access to and provision of space 
segment capacity; whereas, in order to obtain space segment capacity, the operators of 
satellite earth station networks must in general lease capacity from an existing satellite 
7 OJ. C 166, 07.07.90, p. 2, Council Resolution of 28 June 1990 on the strengthening of the Europe-wide coopération on radio frequencies, in 
particular with regard to services with a pan-European dimension 
33 
operator; whereas the effective use of orbital and related frequency resources is of utmost 
importance; whereas this effective use shall be a Community goal; whereas safeguards shall 
be introduced to preserve orbit and frequency spectrum efficiency; whereas it is therefore 
appropriate to require in cases of applications concerning the mutual recognition of 
authorisations for satellite earth station networks that the necessary space segment capacity 
arrangements have been made in an appropropriate way; 
(22) Whereas the procedures for space segment capacity arrangements should be facilitated; 
whereas in cases where the necessary space segment arrangement has been made directly 
with a satellite operator or his representative, this arrangement must be recognised by the 
Member States; whereas Member States must not object to the mutual recognition of a 
national authorisation on the ground that they do not admit direct access arrangements; 
(23) Whereas, taking into account recent developments in international satellite organisations and 
in particular those in EUTELSAT, Member States shall take all appropriate steps to eliminate 
incompatibilities with the Treaty provisions as expressed in Directive ../../CEE [Draft Directive 
amending Directives 88/301/EEC and 90/388/EEC with regard to satellite communications]; 
whereas, in accordance with the Treaty provisions, territorial restrictions and restrictions 
based on nationality which together or separately have the effect of preventing cross-border 
offering of services via leased capacity should be removed; whereas therefore the Member 
States should allow access to space segment capacity via other Signatories or other SAO's 
than only the national ones on the basis of a multiple access arrangement; whereas in cases 
where the necessary space segment arrangement has been made through a Signatory Affairs 
Office (SAO) of a Member State, or via a multiple access arrangement, these arrangements 
must be recognized by all other Member States; whereas the provisions of this Directive 
build on these arrangements; whereas it should be possible to recognise or establish 
arrangements in order to harmonise conditions for access to space segment across the 
Community; 
34 
(24) Whereas Council Resolution of 19 November 1992 on the promotion of Europe-wide co­
operation on numbering of telecommunications services ^ calls for the setting up of a 
European Numbering Office (ENO) within the framework of European-wide cooperation on 
numbering, and the opening of a European numbering space for numbering of telephony-
based pan-European services; whereas pan-European satellite service providers may require 
the allocation and registration of names, numbers or addresses possibly on both a national 
and Europe-wide basis; whereas applications for national authorisations for provision of 
Europe-wide satellite services may therefore often be linked with requests for allocation and 
registration of names, numbers and addresses; 
(25) Whereas the new procedure of mutual recognition may increase the current workload of the 
national regulatory authorities and bring about new costs; whereas these authorities should 
have the right to assign the supplementary costs incurred to the applicants for mutual 
recognition; whereas these fees may include the costs related to frequency and site 
coordination arrangements and to numbering arrangements; whereas the principle of 
transparency requires an appropriate publication of the fees assigned for the processing and 
the monitoring of the licences; 
(26) Whereas compliance by the holders of mutually recognised national authorisations with the 
terms of these licences must be guaranteed; whereas license holders therefore must inform 
the National Regulatory Authority of the Member State that granted the national authorization 
which was mutually recognised, and any other relevant National Regulatory Authority in the 
Community or of third countries, of any changes in the relevant circumstances; 
(27) Whereas appropriate measures to ensure compliance with the terms of the licence should be 
taken by the national regulatory authorities; whereas however these measures should be 
subject to review in an appeal mechanism; 
(28) Whereas in this framework an efficient procedure must be provided for the modification and 
the withdrawal of a mutually recognised national authorisation, which guarantees at the same 
time that the rights of the defence are upheld hi the assessment of such non compliance; 
(29) Whereas a means of appeal should be established to ensure the full application of the 
procedures set out in this Directive; whereas a conciliation procedure allowing for an 
amicable settlement of disputes relating to the application of the procedures should be an 
essential element of this means of appeal; 
(30) Whereas the Community Telecommunications Committee set up by this Directive shall be 
composed of representatives of the national regulatory authorities of the Member States, and 
8 OJ. No C 318,4.12.92, p. 2 
35 
should assist the Commission in the implementation of this directive; whereas major tasks in 
the implementation of this directive have been conferred to the Member States. 
(31) Whereas this directive does not limit the scope of application of national authorization 
procedures for satellite services; whereas however, concerning the application of the 
procedures for mutual recognition at Community level, safeguards must be introduced with 
regard to third countries to ensure a comparable treatment of nationals of the Member States 
in these third countries; whereas in this perspective, the Commission should make efforts to 
conclude agreements ensuring equal treatment with interested third countries; 
(32) Whereas given the dynamic technological development in this sector, it is necessary to 
establish a procedure for adjustment of the technical provisions of this directive; 
(33) Whereas in contingency situations, national regulatory authorities must have the power to 
require, if necessary, the holders of mutually recognised national authorisations to cease 
temporarily the operation of their service; whereas the licence holder has the right to be 
informed immediately of the nature of such a request; 
(34) Whereas the confidentiality of the data collected according to the procedures set out in the 
present Directive and covered by the obligation of professional secrecy must in any case be 
guaranteed; 
(35) Whereas however, the transparency of the authorisation procedures set out in this Directive 
must be achieved to improve their efficiency; whereas the relevant national regulatory 
authorities must be clearly identified; 
(36) Whereas the provision of satellite services on an emergency basis in case of, inter alia, 
disaster relief, as well as the provision of satellite services for experimental or other special 
purposes require special treatment; whereas in the case of disaster relief an accelerated 
procedure with minimum delays is of utmost importance; whereas the provision of satellite 
services from Community territory to off-shore installations in international waters, the 
provision of satellite services to exhibitions and trade-shows, and the experimental use of 
certain types of satellite equipment, are, inter alia, considered as special situations; whereas 
further special situations might be identified at later stage; whereas special procedures will 
have to be elaborated to cater for these special and emergency services; 
(37) Whereas experimental satellite services, which have been declared to be of common 
European interest, may have been granted recognition as a Trans-European Network (TEN); 
whereas the success of these projects is critically dependent on the timely availability of the 
appropriate authorisations; whereas therefore streamlined application and authorisation 
procedures shall be considered a priority; 
36 
(38) Whereas satellite broadcasting to the general public - including both applications in terms of 
the definition used in the Radio Regulations for Broadcasting-Satellite Services, as well as 
applications operating in the framework of the Fixed-Satellite Services will continue to be 
subject to the specific regulations set up by Member States in conformity with Community 
law; 
(39) Whereas the goal of an advanced Community-wide market for satellite services requires the 
establishment of coherent, harmonised licensing conditions, timely implemented in all 
Member States, and compatible with Community law; whereas the alternative to Community 
legislation is an analogous system of provisions negotiated between Member States which 
would entail multiple, bilateral agreeements; whereas these agreements give no guarantees 
concerning coherency and uniformity and would therefore be unsuitable for satellite services, 
themselves international in nature; whereas therefore the overall framework can be better 
achieved at Community level, leaving room for a detailed, first, elaboration of harmonised 
conditions at the level of the Member States and thus the Community action is strictly limited, 
pursuant to the principle of subsidiarity, to the requirements of a framework required for the 
mutual recognition of authorisations satellite services and for an appropriate transitional 
regime; 
(40) Whereas the Commission shall, within the review of the provisions of this Directive and its 
implementation up until 1 January 1996, evaluate for which satellite services there have not 
yet been adopted decisions concerning mutual recognition of authorisations; whereas the 
review shall pay special attention as to whether these services can be covered by mutual 
recognition of authorisations without prior harmonisation; 
(41) Whereas the application of the provisions of this Directive requires a Community policy in 
relation to the ownership or control of undertakings benefiting from its provisions; whereas 
the Treaty does not provide, for the adoption of such a policy, powers other than those of 
Article 235; 
37 
HAVE ADOPTED THIS DIRECTIVE : 
CHAPTER I 
Scope and Definitions 
Article 1 
Objective 
This Directive aims at implementing a single market in satellite services through the establishment 
of procedures allowing a satellite network operator authorised to provide satellite network services 
and/or a service provider authorised to provide satellite communications services in one Member 
State to provide part or all of those satellite services on a Community-wide basis without having to 
obtain individual licences or authorisations from other Member States. 
Article 2 
Définitions 
9 
The definitions given in Directive ../.../CEE shall apply, where relevant to this Directive. In 
addition, for the purposes of this Directive : 
1. 'Satellite' means a space based artificial body orbiting around earth and carrying equipment 
intended to transmit or retransmit radiocommunications signals; 
2. 'Satellite earth station equipment' means equipment which is capable of being used either for 
transmission-only, or for transmission and reception ("transmit-receive"), or for reception only 
("receive-only"), of radiocommunication signals by means of satellites or other space based 
systems; 
9 [Proposal for a Directive by European Parliament and Council on the Mutual Recognition of Licences and other national authorisations for 
telecommunications service] 
38 
3. 'Satellite system' means one or more satellites under the operational control of one operator, 
for the purpose of providing communications capacity; 
4. 'Space segment' means the communications capacity of satellites used for the establishment 
of communications with terrestrial systems or other satellites; 
5. 'Satellite earth station network' means a configuration of two or more satellite earth stations 
which interwork by means of satellites; 
6. 'Satellite network services' means the establishment and operation of satellite earth station 
networks; these services consist, as a minimum, in the establishment, by satellite earth 
stations, of radiocommunications to space segment ("uplinks"), and in the establishment of 
radiocommunications between space segment and satellite earth stations ("downlinks"); 
7. 'Satellite communications services' means services whose provision makes use, wholly or 
partly, of satellite network services; 
8. 'Satellite services' means the provision of satellite communications services and/or the 
provision of satellite network services; 
9. 'Frequency and site coordination' means the clearance process to satisfy a number of 
potential frequency interference requirements concerning, inter alia, radio interference, 
aviation safety, radiation levels, and national security; 
10. 'National authorisations' means individual authorisations such as licences or declarations or 
general regulatory authorisations in the form of e.g. legislation or class licences, which allow 
the provision of satellite communications services and/or satellite network services in a 
Member State, in conformity with Community Law; 
11. 'Undertaking' means any natural person, any legal person, whether profit-making or not, or 
any official body whether having its own legal personality or not; 
12. 'Licence' means an individual authorisation issued by a National Regulatory Authority and 
required as a condition for the provision of a satellite service in conformity with Community 
law; 
13. 'Declaration' means the communication to a National Regulatory Authority by a service 
provider of its intention to provide a satellite service; 
14. 'One-stop shopping procedure' means an arrangement facilitating the obtention of national 
authorisations for satellite services from more than one National Regulatory Authority in a 
coordinated procedure and at a single location; 
39 
15. 'Community Telecommunications Committee (CTC)', means the Committee established by 
Article 20 of Directive ../../EEC [Proposal for a Council Directive on the Mutual Recognition 
of Licences and other national authorisations for telecommunications services]. 
Article 3 
Scope 
This Directive shall apply to all national authorisations relating to the provision of satellite 
communications services and/or the provision of satellite network services. 
CHAPTER II 
Mutual Recognition of National Authorisations 
Article 4 
Right to provide services 
Member States shall ensure that undertakings which have been granted a national authorisation 
recognised under the procedures set out in this Directive are allowed to provide without delay the 
satellite network services and/or satellite communications services specified in that authorisation 
on their territory. 
Article 5 
Effects of recognition 
1. Member States shall ensure that the only restrictions imposed on the provision of the services 
by the holders of recognised national authorisations are those imposed in accordance with 
the procedures set out in this Directive. 
40 
2. Paragraph 1 shall not prevent Member States from subjecting the provision of satellite 
services to national legislation not specifically related to telecommunications and satellite 
services. 
CHAPTER III 
Mutual Recognition According To Common Licensing Regimes 
And Procedures For Harmonisation 
Article 6 
Harmonisation of conditions for authorisation 
1. Where appropriate, harmonised conditions for authorisation shall be determined for certain 
satellite services. For this purpose, the Commission may, in accordance with the procedure 
laid down in Article 26 : 
a) as a first step, adopt the measure for identifying the category of satellite service for 
which harmonised conditions are required, as well as a mandate to ECTRA and/or 
ERC to elaborate these conditions; the mandate shall, in particular, define the tasks to 
be performed and lay down a time schedule for the elaboration of the conditions; 
b) as a second step, once harmonised licensing conditions have been elaborated by 
ECTRA and/or ERC, adopt a decision setting out the corresponding common 
licensing conditions or parts thereof implementing essential requirements in 
conformity with Community Law. 
2. Where appropriate and in particular in cases where the time schedule laid down in 
accordance with paragraph 1 (a) is not respected, common licensing conditions may be 
41 
adopted by the Commission in accordance with the procedure laid down in Article 26, without 
following the procedures laid down in paragraph 1 (a) and (b). 
3. The common licensing conditions, as adopted under the procedures of paragraph 1 or 2, 
may include provisions, where required, for the implementation of the provisions of Chapters 
relating to frequency and site coordination, numbering, and space segment access. 
Article 7 
Mutual recognition of national authorisations without need for prior harmonisation 
1. It may further be decided by the Commission, in accordance with the procedure laid down in 
Article 26, that mutual recognition of national authorisations may be granted for certain 
categories of satellite services which have not been subject of a harmonisation under Article 
6. 
2. A decision taken in application of paragraph 1 may include conditions ensuring compliance 
with essential requirements laid down in Community law, as well as conditions necessary to 
safeguard special or exclusive rights compatible with Community law, which shall be 
complied with by the providers of the service covered. 
3. A decision taken in application of paragraph 1 may include provisions, where required, for the 
implementation of the provisions of Chapters relating to frequency and site coordination, 
numbering, and space segment access. 
Article 8 
Mutual Recognition 
The satellite services which fall under a harmonised service category covered by a decision 
adopted under Articles 6 (1)(b), or 6 (2), or a satellite service category covered by a decision 
adopted under Article 7, may be provided throughout the European Community under the 
conditions set out in that decision. 
42 
Article 9 
Publication of recognised service categories 
The Commission shall publish a list of the categories of satellite services covered by decisions 
adopted under Articles 6 (1)(b), 6 (2), or 7, including, where applicable, any relevant conditions, in 
the Official Journal of the European Communities and update it whenever necessary. 
CHAPTER IV 
Transitional One-stop-shopping Procedure 
Article 10 
Scope of the transitional procedure 
The provisions laid down in Articles 11 to 14 set out a transitional one-stop shopping procedure 
applicable to satellite services which have not been subject of a decision in accordance with Article 
6 (1)(b), Article 6 (2) or Article 7. 
Article 11 
Administration 
The Commission shall undertake, where appropriate, the necessary steps to establish 
arrangements for one-stop shopping procedures set out in Article 12, including the recognition of 
suitable arrangements for its technical administration, in accordance with the procedure laid down 
in Article 26. 
References to such arrangements will be published in the Official Journal of the European 
Communities. 
43 
Article 12 
One-stop shopping procedure 
A one-stop shopping procedure established in confomity with Article 11 shall conform to the 
following conditions: 
(1) The one-stop shopping procedure is open to all service providers wishing to operate satellite 
services in the European Community. 
(2) The submission of applications and/or declarations at a single location is possible and one or 
more entities are defined with which the applications and/or declarations can be filed. 
Applications may include, as required, the information specified in Annex I and, where 
required, requests for frequency and site coordination in accordance with the provisions set 
out in Chapter V, and/or for allocation and registration of names, numbers or addresses, in 
accordance with the provisions set out in Chapter VI. 
(3) Within 7 days of filing, the application^) and/or declarations) shall be provided to the 
national regulatory authorities concerned by the entity with which the application was filed. 
(4) When a National Regulatory Authority submits the provision a satellite service to a licence, it 
shall take a decision on the grant of such a licence and inform the applicant as well as the 
entity with which the applications was filed of that decision within six weeks of the receipt of 
the application. 
When a National Regulatory Authority submits the provision of a satellite service to a 
declaration requirement, it may raise objections against the provision of the service declared 
and it shall inform the applicant as well as the entity with which the declaration was filed of 
these objections within six weeks of the receipt of the declaration. 
(5) Where appropriate, national regulatory authorities shall endeavour to shorten the time period 
of six weeks indicated in paragraph (4) for certain categories of satellite services, in response 
to commercial needs. 
(6) Where the provisions of Chapters V, VI and VII apply, the granting of licences may be made 
conditional to the completion of the procedures set out in those Chapters. 
44 
(7) If no licence is issued or if no objections raised within the time-limits set out in paragraph (4), 
the National Regulatory Authority shall inform the applicant as well as the entity with which 
the application was filed for the reasons for its decision. 
(8) The entity with which the applications and/or declarations may be filed shall report annually 
to the Commission on the operation of the one-stop shopping procedure, including in 
particular, information on refusals of applications and objections raised to declarations. 
CHAPTER V 
Frequency and site coordination procedures 
Article 13 
Coordination directly by the applicant 
In the case of applications concerning satellite networks services, the applicant may produce 
evidence, included in the application, that the necessary frequency and site coordination 
arrangements have been provided for In all relevant Member States and other countries affected by 
the establishment and operations of the planned satellite earth stations. 
Article 14 
Request for coordination via the application 
1. Notwithstanding Article 13, in cases concerning satellite network services, a request for 
frequency and site coordination arrangements with relevant Member States and third 
countries affected by the establishment and operations of the planned satellite earth stations, 
may be included in the application(s). 
2. The request for frequency and site coordination shall be forwarded to the national regulatory 
authorities and the appropriate authorities of relevant third countries, and enclosed shall be 
any relevant information provided in accordance with the appropriate parts of Annex I. 
45 
Article 15 
Initiation of coordination procedures 
1. After having been notified of the request for frequency and site coordination arrangements, 
the national regulatory authorities shall immediately initiate the necessary frequency and site 
coordination procedures in accordance with national laws applicable and international 
obligations. 
2. The applicant shall, where appropriate, provide all assistance necesssary to conclude a 
suitable frequency and site coordination arrangement. 
3. Member States shall ensure that frequency and site coordination arrangements not yet 
completed for certain parts of satellite earth station networks, shall not delay the 
commencement of operations of those parts of the satellite network service for which the 
coordination arrangements have been concluded. 
4. The operation of those parts of the satellite earth station network which require completion of 
frequency and site coordination procedures with non-Community countries shall be subject 
to satisfactory completion of these procedures, in accordance with international 
commitments of Member States. 
Article 16 
Commencement of the provision of satellite network services 
1. In case of an application concerning satellite network services, the national authorisation 
shall include a supplementary condition that operation of that satellite earth station network 
may only commence for those parts of the satellite network for which frequency 
coordination and site clearance procedures have been completed. 
2. The licensed satellite network service shall be subject to a supplementary condition that 
further frequency and site coordination arrangements might remain to be carried out in 
accordance with national laws applicable and international obligations for the entire period 
for which the licence is valid. If required, suitable modifications to the licence shall be sought 
in accordance with the provisions of Article 22. 
46 
Article 17 
Completion of coordination arrangements 
In the case of applications concerning satellite network services, where no conclusive agreement is 
reached on the frequency and site coordination arrangements within six months after the national 
regulatory authorities have been notified of a request for coordination, any party involved in the 
coordination procedure may invoke the appeal procedure of Article 23. 
Article 18 
Harmonisation in consultation with ERC 
1. The Commission may request, where appropriate, the European Radiocommunications 
Committee (ERC) to determine harmonised frequency bands for satellite network services and 
satellite earth station networks in order to identify the frequency coordination provided for in 
this chapter, in accordance with the international commitments of the Member States in this 
area. 
2. The satellite network services using the frequency bands thus identified, and the conditions 
placed upon their use, may be introduced as a service category in accordance with the 
procedures of Article 6. 
CHAPTER VI 
Numbering 
Article 19 
Allocation and registration of names, numbers or addresses 
1. A request for allocation and registration of names, numbers or addresses may be included in 
the application for the mutual recognition of licences. 
47 
2. This request shall be forwarded without delay to the appropriate authorities responsible for 
processing such requests. 
3. The application for mutual recognition of licences may proceed independently of the request 
for allocation and registration of names, numbers or addresses. 
CHAPTER VII 
Access to space segment capacity 
Article 20 
Arrangements for space segment access and 
for conformance to operational requirements 
1. In the case of applications concerning satellite network services, evidence has to be 
produced that the necessary space segment capacity is provided for and that appropriate 
technical arrangements have been made with the satellite system operator in order to ensure 
proper interworking of the satellite networks and satellite systems concerned. 
2. The evidence referred to under paragraph 1 shall be provided to all national regulatory 
authorities under which responsability parts of the satellite network service are operated, at 
the latest six months after the date of issue of the authorisation. 
3. In case the evidence is not provided or is not conclusive, national regulatory authorities might 
invoke the procedures set out in Article 24. 
Article 21 
Access to space segment 
1. In the case of applications concerning satellite network services, where the necessary space 
segment capacity may be arranged for directly with the satellite operator or his authorised 
48 
representative(s), or where the necessary space segment may be arranged for through 
another recognised arrangement in a Member State, in conformity with Community law, this 
arrangement shall be recognised by all Member States. 
In such a case, the licensee may access the space segment capacity from any satellite earth 
station in the Community covered by the provisions of this Directive. 
In cases where space segment capacity is intended to be provided by the International 
Satellite Organisations, the Commission may, in conformity with the procedure set out in 
Article 26, recognise or establish procedures for access to that capacity, which may be 
required for the Community-wide implementation of the arrangements of paragraph 1, in 
conformity with international obligations of Member States. 
CHAPTER VIII 
Monitoring Procedure 
Article 22 
Implementation, modification and withdrawal of authorisations by Member States 
1. Where a national regulatory authority considers that a licensee no longer complies with the 
conditions set out in conformity with this Directive it may take appropriate measures to 
ensure compliance with these conditions 
2. The Commission may, upon request of a party concerned, initiate the procedure set out in 
Article 24. 
3. If no conciliation procedure is initiated within two weeks of receipt of the request of the party 
concerned by the Commission, or no agreement is reached according to the procedure set 
out in Article 24, the Commission shall, after having given the parties involved the opportunity 
of being heard, decide in conformity with the procedure set out in Article 26 whether the 
measures taken shall be maintained or modified.. 
4. The Commission notifies the decisions taken in accordance with paragraph 2 and 3 to the 
undertaking involved and inform the national regulatory authority thereof. 
49 
CHAPTER IX 
Appeal Procedure 
Article 23 
Appeal to the Commission 
1. When an authorisation is not granted as set out in this Directive, the applicant may submit a 
copy of its appJication(s) and/or declaration(s) to the Commission and ask the Commission 
to inititate the conciliation procedure set out in Article 24. 
2. If no conciliation procedure is initiated within three weeks of receipt of appeal by the 
Commission, or no agreement is reached according to the procedure set out in Article 24, at 
the latest three months after the first meeting of the working group, a decision shall be taken 
in accordance with Article 26 on the basis, where applicable, of the relevant national licensing 
regime notified in accordance with Article 35. 
Article 24 
Conciliation Procedure 
Without prejudice to: 
(a) any action that the Commission or any Member State might take pursuant to the Treaty, and in 
particular Article 169 and 170 thereof; 
(b) the rights of the applicant or any other person under applicable national law; 
the following conciliation procedure may be applied: 
(1) The chairman of the CTC shall convene as soon as possible a working group including at 
least two members of the CTC and the chairman of the CTC or another official of the 
Commission appointed by him. 
(2) The working group shall meet within ten days. The chairman of the CTC may decide, upon 
proposal from any member of the working group, to invite a maximum of two other persons 
as experts to advise it. in the case of frequency matters however, where appropriate, an 
50 
additional expert from the ERC should be invited. In the case of numbering issues, and where 
appropriate, an additional expert from the ENO should be invited. 
(3) The working group shall give the applicant, the national regulatory authorities of the Member 
States concerned, the telecommunications organisations or other parties involved the 
opportunity to present their opinion orally or in writing. 
(4) The working group shall endeavour to reach agreement between the applicant and the 
national regulatory authorities of the Member States Involved. 
(5) The applicant and the members of the CTC involved shall bear their own costs of participation 
In the procedure. The applicant shall bear the costs of the experts mentioned in paragraph 2. 
(6) Whenever an agreement is reached, the authorisation(s) shall be granted by the National 
Regulatory Authority) (ies) concerned within two weeks of the agreement. 
CHAPTER X 
Community Telecommunications Committee 
Article 25 
Composition of the CTC 
The Commission shall be assisted by a committee composed of representatives of the national 
regulatory authorities of the Member States and chaired by a representative of the 
Commission. The Committee shall be called the Community Telecommunications Committee 
(CTC). 
Article 26 
Procedures for the CTC 
1. The representative of the Commission shall submit to the Committee a draft of the measures 
to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the 
chairman may lay down according to the urgency of the matter, If necessary by taking a vote. 
51 
The opinion shall be. recorded in the minutes; in addition each Member State shall have the 
right to ask to have its position recorded in the minutes. The Commission shall take utmost 
account of the opinion delivered by the committee. It shall inform the committee of the 
manner in which its opinion has been taken into account. 
The Commission shall where necessary inform the Committee on the outcome of regular 
consultions with the representatives of telecommunications organisations, satellite 
organisations, space agencies, users, consumers, manufacturers, service providers and trade 
unions. 
In addition, the Committee shall, taking account of the Community's telecommunications 
policy in general and the satellite communications policy in particular, foster the exchange of 
information between the Member States and between the Member States and the 
Commission, on the situation and the development of regulatory activities regarding the 
authorisation of satellite services. 
CHAPTER XI 
Final Provisions 
Article 27 
Applicability 
1. An undertaking shall be granted neither recognition of a national authorisation according to 
harmonised conditions nor any rights resulting from the provisions of this Directive, unless its 
principal place of business, and, if any, its registered office are located in a Member State. 
Undertakings already established in a Member State shall be treated as Community 
enterprises 
2. Without prejudice to agreements and conventions to which the Community is a contracting 
party, the undertaking may not, at any time, be more than 25 percent owned by third 
countries and/or nationals of third countries.. It shall at all times be effectively controlled by 
Member States and/or nationals of Member States. 
52 
3. The Community will, after adoption of this Directive, open negotiations with a view to ensuring 
comparable and effective access in all markets, by removing foreign participation limitations 
and other restrictions in these countries. If this resuit is achieved, paragraphs 1 and 2 will be 
waived. 
4. The Commisson shall submit an annual report to the Council on progress made in multilateral 
or bilateral negotiations regarding access for Community undertakings to the markets of third 
countries in the field covered by this Directive, on any result which such negotiations may 
have achieved, and on the implementation in practice of all the agreements which have been 
concluded. 
The Council, acting by qualified majority on a proposal from the Commission, may amend the 
provisions of this Article. 
Article 28 
Interconnection to public networks 
1. Where a satellite service requires an interconnection agreement between the holder of the 
recognised national authorisation and another telecommunications organisation, Member 
States shall ensure that their national regulatory authority has the right to intervene in order to 
ensure that such agreements are entered into and implemented in an efficient and timely 
manner, and in accordance with Community law. 
2. The national regulatory authority shall intervene if requested by either party, in order to set 
conditions which are fair and reasonable for both parties, and offer the greatest benefits to all 
users. 
Article 29 
Contingencies 
1. In the case of satellite earth station networks, Member States shall ensure that national 
regulatory authorities have the power to request part or whole cessation of the transmissions 
of the network for a temporary period in the case of contingencies where proper functioning 
53 
of other telecommunications networks, including satellite earth station networks and satellite 
systems, is jeopardised. 
2. Member States shall ensure that the licensee complies with such a request without delay. 
3. Immediately following the request, the national regulatory authority shall inform in writing 
other affected countries as well as the licensee of the reasons for the request without delay. 
4. The Member States shall ensure that the restoration of services provided by the licensee is 
not unreasonably delayed. 
Article 30 
Fees 
1. Member States may allow their national regulatory authority to impose a reasonable fee to 
cover the administrative costs incurred in the implementation of this Directive as part of the 
overall national regulatory arrangements in the telecommunications sector. 
2. Fees shall be published in an appropriate manner and detail so as to provide easy access to 
that information.. 
Article 31 
Confidentiality 
1. Without prejudice to the provisions of Article 35, the Commission and the national regulatory 
authorities, their officials and other servants, and experts called in pursuant to Article 24 shall 
not disclose any information acquired by them as a result of the implementation of this 
Directive and of the kind covered by the obligation of professional secrecy. 
2. The provisions of paragraph 1 shall not prevent publication of information on licensing 
conditions which does not include information of a confidential nature. 
54 
Article 32 
Emergency, Experimental and other Special Satellite Services. 
1. Simplified conditions and separate procedures for submissions of applications and the 
mutual recognition of national authorisations for emergency satellite services, such as for 
disaster relief, as well as for experimental and special satellite services shall be adopted in 
accordance with the procedure laid down in Article 26. 
2. The experimental provision of satellite services of a trans-European nature which have been 
declared projects of European interest, shall be considered with priority. Where 
authorisations for these services are required, applications may be forwarded directly to the 
Commission. 
Article 33 
Harmonisation priorities 
The establishment of harmonised conditions for satellite services, in accordance with the 
provisions of Articles 6 and 7, shall be in the order of priority indicated in Annex II. 
Article 34 
Notification 
1. The Member States shad supply the Commlsson with the following information: 
the names and addresses of the national autorities and bodies competent to issue 
national authorisations; 
information on its national authorisation regimes; including conditions and procedures, 
in particular whether and for which services individual authorisations are required; 
criteria on the basis of which applications are assessed; 
general national regulation specifically relevant in the area of satellite services. 
55 
This information shall be at level of detail sufficient to identify the terms and conditions against 
which national authorisations are granted, or the criteria against which applications will be 
considered. 
The Member States shall notify any changes in respect of the information supplied under 
paragraph 1, within two weeks of its entry into force. 
Article 35 
Review Procedures 
1. Any modifications necessary to adapt the content of the Annexes of this Directive to new 
technological developments and appropriate practical procedures shall be determined in 
accordance with the procedure laid down in Article 26. 
2. The Commission shall establish an annual report on the application of the procedures set out 
in Chapters II and IV. 
3. On the basis of the results of the implementation of this Directive up to 1 January 1996, the 
Commission will review whether a modification of its provisions is necessary, on the basis of a 
report to be provided to Parliament and Council. This report shall include an assessment, on 
the basis of the experience gained, of the need for further evaluation of the regulatory 
structures as regards authorisations. 
Article 36 
Implementation of the Directive 
1. Member States shall bring into force the laws, regulations and administrative provisions 
necessary to comply with this Directive at the latest one year after the adoption of this 
Directive. They shall forthwith inform the Commission thereof. 
56 
When Member States adopt these provisions, these shall contain a reference to this Directive 
or shall be accompanied by such reference at the time of their official publications. The 
procedure for such reference shall be adopted by Member States. 
2. Member States shall notify the Commission a list of representatives to the CTC not later than 
two months after the adoption of this Directive. The CTC shall assume its functions three 
months after the adoption of this Directive. 
Article 37 
Addressees 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the European Parliament For the Council 
The President The President 
57 
ANNEX I 
INFORMATION REQUIREMENT IN RELATION TO APPLICATIONS. 
Preface. 
The elements in this annex can be used as an indicative basis for the information requirements to 
be supplied under the applications for authorisations. 
In all cases, the information of part 1 (containing the general information) should be provided. In 
case an application relates to satellite earth stations networks, the relevant information of part 2 
should be provided, while in the case of applications relating to licences for satellite 
communications services, the information of part 3 should be provided. 
PART 1 - GENERAL INFORMATION. 
General information to be provided under all applications. 
G1. Name and address of company/person applying and ownership, date, place and form of 
incorporation or, if applicable, similar details of partnership, association or otherwise. 
G2. Nature of the satellite service operated. 
G3. National Authorisation for the operation of the service(s) mentioned under point G2., 
specifying the legal ground (law, licence, class licence, etc.). 
58 
PART 2 - SATELLITE EARTH STATION NETWORKS 
Information to be provided in case a licence is sought for satellite earth station networks or parts 
thereof. 
Network architecture related aspects. 
N1. General network topology including details on the general architecture and configuration, 
and specifically on the monitoring and control configuration (see also space segment 
related aspects). 
N2. If applicable, details on foreseen connections via or with public telecommunications 
network(s), as well as connections via or with other telecommunications networks. In each 
case, details under which conditions equipment is already approved for connection to the 
networks. 
N3. In case of utilisation of, parts of or all, elements of other satellite earth station networks , 
details of these elements and of licences under which these elements operate. 
Equipment related aspects. 
E1. Generic description of each type of satellite earth station used in the network and detail of 
harmonised European standards and/or Common Technical Regulations which apply to 
each of these type as well as detail on conformance tests and/or type-approvals obtained. 
E2. A description of each type of satellite earth station used in the network not covered by 
harmonised European standards or Common Technical Regulations, with detail of other 
national or international standards or widely acknowledged specifications which might 
apply, as well as detail on conformance tests and/or type-approvals obtained3. 
1 For example, in the case of shared hub, VSAT or mobile networks, the hub might already be licensed and the remote earth stations 
are added under a separate licence, or the hub station is located and licensed outside the Community. 
2 For example, the specifications used by the international satellite organisations. 
3 Either from national bodies or certificates from the international satellite organisations. 
59 
E3. Indication of the use of each generic type of satellite earth station and, if different from 
5 generic type, indication of use for each individual satellite earth station . 
E4. If applicable, (a) cop(y)(ies) of the declaration(s) provided for in Article 11 of Directive 
../.../EEC 6, concerning satellite earth station equipment which is capable of, but not 
intended for connection to the public telecommunications network. 
Frequency and site coordination related aspects. 
F1. Frequency bands envisaged for use by the network, with specificities of the bands for each 
country in which satellite earth stations are located and identification of the frequency 
bands used for each individual satellite earth station. 
F2. If applicable, geographical location and antenna height of each of the satellite earth 
stations used and type of station used in that location with reference to [equipment related 
aspects] above. 
F3. Frequency coordinations already obtained and an indication for which of the satellite earth 
stations further frequency coordination is required, in which frequency bands, with which 
services, and with which countries this coordination is to be carried out 
F4. In case of further need for frequency coordination, sufficient detail to initiate the 
coordination procedures with the relevant nations. 
F5. Site clearances already obtained and an indication for which of the locations of the satellite 
earth stations site clearances might be necessary and for which reason. 
F6. All locations of satellite earth stations close to borders with other countries and where 
there exists possible need for site clearance and/or frequency coordination procedures 
with these countries, shall be marked with an indicative list of those countries which might 
have to be contacted. 
Fixed satellite, transportable fixed satellite or mobile satellite, landmobile satellite, aeronautical satellite, maritime satellite, 
radiodetermination satellite, otherwise. 
For example, landmobile satellite units used in fixed locations. 
Council Directive supplementing Directive 91/263/EEC in respect of satellite earth station equipment 
Frequency coordination is usually performed by national frequency offices of the countries involved, and the frequency manager of 
the applicant, as a minimum. Sufficient detail shall be provided so that these national frequency offices of Member States and non-
Community countries can assess the issue and contact the applicant to initiate the coordination. 
60 
F7. If applicable, detail which facilitate local frequency coordination and site clearance 
procedures for mobile and transportable stations, in particular for Satellite News Gathering 
units. 
Space segment related aspects. 
551. The satellite system(s) or space based systems envisaged for use with detail on orbital 
parameters and characteristics of transponder(s). 
552. A copy of (a) formal statements) from the space segment providers) which confirm(s) the 
existance of either (a) commercial agreements) in conformity with Community law or 
declaration(s) of intent, the sateilite(s) and transponder(s) used, as well as the foreseen 
frequency plan for the network of the applicant. 
o 
553. An indication as to which satellite operations guides are applicable or an indication to any 
other operational procedures between the satellite operator and the applicant. 
554. Control and Monitoring facilities either integrated in the applicant's network and/or any 
external facilities used9, with details of harmonised European standards and/or Common 
Technical Regulations, or other standards or widely accepted specifications, which apply, 
as well as details on conformance tests and/or type-approvals obtained. 
Operations related aspects. 
For example, the EUTELSAT Systems Operations Guide ESOG. 
The satellite network control centres of the satellite system operator which space segment is used, for example the INTELSAT 
Operations Centre. 
61 
0P1. Anticipated presence of personnel at the satellite earth stations, their qualifications, and 
attendance , particularly at transportable and autonomous satellite earth stations. 
OP2. Description of any technical, operational or special constraints with might delay immediate 
cessation of, relevant parts or all, transmissions upon request by a National Regulatory 
Authority in case of contingencies. 
OP3. Name, address, telephone, fax, telex and /or electronic mail detail of the Operations 
Manager and the Network Manager On Duty, and any other person12, either of which can 
order immediate cessation of, relevant parts or all, transmissions of the network, upon 
request by a National Regulatory Authority in case of contingencies. 
Other aspects. 
OA1. Information on whether the presumption of conformity set out in Article 4 (1) of Directive 
../.../EEC [Council Directive supplementing Directive 91/263/EEC in respect of satellite 
13 
earth station equipment] is applicable to the equipment which will be used . 
OA2. Details on licences obtained or applied for in non-Community countries relevant to the use 
of the network in question. 
OA3. If the network is intended for experimental use, details regarding the nature of the 
experiments, the date of commencement, the duration. 
OA4. If the network is intended for special use, such as at exhibitions and trade shows, the 
nature of this special use, the date of commencement, the duration. 
10 During transmissions only, continuous 24 hrs/day, or otherwise. 
11 Autonomous satellite earth station are those which (all under direct supervisory operational control of a satellite operators control 
and operations facility. 
12 For example, Manager On Duty in the satellite operations centres. 
13 In case equipment can cause a health hazard (e.g. location of high power satellite transmitters in a public location) details shall be 
provided on preventive or corrective measures foreseen. 
62 
OA5. For information only, indication of other factors which are expected to impact partly or 
wholly on the establishment of the satellite network service but which are not directly 
subject to the provisions of the Single Community Satellite Communications Licence. 
PART 3 - SATELUTE COMMUNICATIONS SERVICES 
Information to be provided in case of applications for licences for satellite communications 
services. 
CS1. Nature of the satellite communications service which the application seeks for licensing. 
CS2. Origin and destination of the traffic of the various types of services under application. 
CS3. The standards applied for the services concerned. 
CS4. The measures envisaged to ensure data protection. 
CS5. For information only, indication of other factors which are expected to impact partly or 
wholly on the establishment of the communications service15 but which are not subject to 
the provisions of the Single Community Satellite Communications Licence. 
Amendments to this annex shall be established under the procedure set out in Article 26. 
14 For example, audiovisual regulations (copyright, ownership, content, advertisement, etc), environmental regulations, competition law, 
transborder operations. 
15 For example, audiovisual regulations (copyright, ownership, content, advertisement, etc), competition law, transborder operations. 
63 
ANNEX II 
SATELLITE SERVICES, THE CONDITIONS OF WHICH 
SHOULD BE HARMONISED WITH PRIORITY. 
SATELLITE NETWORK AND COMMUNICATIONS SERVICE CATEGORIES TO BE ADDRESSED WITH 
PRIORITY IN ACCORDANCE WITH ARTICLE 6. 
1. VSAT networks operating in parts of the 14/12 GHz band. 
2. Satellite News Gathering services. 
3. Mobile satellite services. 
4. Personal satellite communications services via geostationary and non-geostationary satellite 
systems including low earth orbiting systems. 
5. Two-way Radiodetermination and Radiolocation satellite services. 
Other services subject to further consideration: 
VSAT networks operating in parts of the 30/20 GHz band. 
SATELUTE NETWORK AND COMMUNICATIONS SERVICE CATEGORIES TO BE ADDRESSED WITH 
PRIORITY IN ACCORDANCE WITH ARTICLE 7. 
1. One-way point to multipoint satellite services. 
2. One-way radiolocation and radiodetermination satellite services 
Amendments to this annex shall be established under the procedure set out in Article 26. 
64 
D. FINANCIAL OUTLINE 
I. FINANCIAL IMPLICATIONS 
1. Title of Action 
DIRECTIVE by European Parliament and Council on a policy for the mutual recognition of 
licences and other national authorizations for the provision of satellite network services and/or 
satellite communications services. 
2. Budget Line 
B-5 4020: Standardization in the field of telecommunications 
3. Legal Basis 
Articles 57 (2), 66,100 A and 235. 
Green Paper on a common approach in the field of satellite communications and 
services, COM(90)490 Final, 20.11.90 
Council Resolution of 19th December 1991 on the development of the common market 
for satellite communications services and equipment OJ No C 8,14.1.92, p.1. 
Directive /.../ EC [on the mutual recognition of licences and other national 
authorisations for telecommunications services]. 
4. Description 
4.1 Specific Objectives of the Action. 
This action aims for the establishment of a common market for satellite services, through the 
definition and implementation of a Community regime for the mutual recognition of national 
satellite services licences or other authorisations. The method consists in the establishment of 
a procedure for harmonization of existing divergent national regimes for the authorization of 
satellite services. As a transitory measure a regulatory one-stop-shopping procedure is 
established to facilitate application procedures in cases of services for which mutual 
recognition is not yet achieved. Both procedures provide for the possiblity to confer tasks to 
the European Committee for Telecommunications Regulatory Affairs (ECTRA) set up in the 
65 
framework of the European Conference of Postal and Telecommunications Administrations 
(CEPT) or other CEPT bodies such as the European Radiofrequency Committee/European 
Radiofrequency Office or the European Numbering Office or to recognize or establish other 
arrangements in the field. 
The action has a very strong impact on the development of satellite services in the 
Community and the rest of Europe and its justification lies in the necessity of establishing a 
Community-wide regime for services which are inherently international in nature and as such 
require an appropriate approach thereby establishing a broad base for the satellite services 
and equipments markets and the associated networks and services in the Community. 
4.2 Duration. 
The proposed action is an annual action. Its duration is not limited. 
4.3 Population aimed at by the Action. 
The Directive directly concerns the satellite service industry in the field of satellite earth station 
networks and satellite communications services and indirectly all equipment suppliers and 
users of satellite communications services in the Community. 
5. Classifications 
- Non-obligatory expenditure 
- Dissociated credits 
6. Nature of Spending 
The Community's financial contribution shall, depending on the nature of the work, not 
amount to more than 50% to 100% of the resources invested. It will be needed for the 
application of the appeal mechanism and for subventions given to ECTRA, ERC/ERO and 
ENO for the elaboration of harmonized conditions and related tasks. 
7. Financial implication for intervention credits 
The Community resources will be required to cover a contribution to the work done by 
ECTRA, ERC/ERO and ENO in establishing harmonised conditions for the provision of 
Europe-wide services and related professional assistance. 
66 
Indicative timetable: (B 5 - 4020) 
1994 
1995 
1996 
1997 200.000 ECU 
200.000 ECU 
200.000 ECU 
200.000 ECU 
1998+: 200.000 ECU 
8. Anti-fraud provisions 
The control of payments or of any services, preparatory, feasibility or evaluatory studies 
requested is carried out by the Commission prior to payment taking into account any 
contractual obligations, economic principles and good financial or other management 
practice. Anti-fraud provisions (supervision, reporting requirements etc.) will be included in all 
agreements and contracts made between the Commission and the recipients of any 
payments. 
II. ADMINISTRATIVE EXPENSES. 
The Community contribution will be covered by appropriations entered on budget items A-1 
and A-2. They will be required to cover expenses for additional staff as well as committee 
and working group meetings. The specific requirements for Committee meetingscan be 
estimated to be about 6 meetings per year of a Committee with 24 members specifically 
constituted for the purposes of this directive. 
The estimated costs of the whole action in 1994 will be of about 232.000 ECU. They are not 
expected to increase in the following years. The additional staff required (1 A for 80.000 
ECU, 1 C for 80.000 ECU) is estimated to cost 160.000 ECU annually which will be covered 
by Title A1 and A2 of the budget. Taking into account the budgetary situation in 1994 the 
additional staff required in 1994 will be found by a redeployment of existing staff. The 
Committee meetings will cost about 72.000 ECU (= 6 x 12.000) per year. This amount 
(72.000 ECU) will be covered by budget line A-2510. 
67 
III. ELEMENTS OF COST-EFFICIENCY ANALYSIS 
1. Obfectives and coherence with the financial programmation. 
1.1 The proposed Directive aims at establishment of a Community licensing regime for satellite 
earth station networks and satellite communications services through the mutual recognition 
of national licences or other authorisations. 
1.2 The action is provided for in the financial programmation of the DG. 
1.3 The objective of the proposed Directive corresponds to the general objective of the 
"establishment of an internal market for telecommunications equipment and services", 
defined in the financial programmation of the DG. 
2. Justification of the Action 
The proposed Directive contains a legislative measure necessary for the establishment of an 
internal market in the satellite communications sector. 
Currently, the establishment of satellite services requires parallel applications for licences, 
usually for each satellite earth station in a network, resulting in a time-consuming procedure 
of obtaining individual licences for up to hundreds of satellite earth stations. These 
administrative and regulatory barriers have severely hampered the development of 
Community-wide satellite services, especially in the rural regions. The proposed licensing 
regime provides for a one-stop shopping concept and is expected to boost the development 
of the satellite services and equipment markets. The proposed action is fully in line with the 
principle of subsidiarity as the introduction of such a concept by multilateral actions of the 
Member States would entail excessive delays and cumbersome procedures because it 
would require a large number of individual negotiations. The objective can therefore better 
be achieved by an action at Community level. 
3. Follow-up and evaluation of the action. 
The proposed Directive sets out a reporting procedure in its Article 36 which effectively 
consists of a requirement for the Commission to report before the 1st of January 1996 on 
the progress of implementation and the effectiveness of the measure. 
fer 
ISSN 0254-1475 
COM(93) 652 final 
DOCUMENTS 
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ISBN 92-77-62743-3 
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