EUROPEAN COMMISSION Brussels, 2.2.2016 SWD(2016) 20 final COMMISSION STAFF WORKING DOCUMENT



IMPACT ASSESSMENT

Impact Assessment Accompanying the document SJ-032 Proposal for a Decision of the European Parliament and of the Council on the use of the 470-790 MHz frequency band in the Union {COM(2016) 43 final}

{SWD(2016) 19 final}



COMMISSION STAFF WORKING DOCUMENT



IMPACT ASSESSMENT

Impact Assessment Accompanying the document SJ-032 Proposal for a Decision of the European Parliament and of the Council on the use of the 470-790 MHz frequency band in the Union





Table of Contents 1.INTRODUCTION 2.Problem Definition 2.1.What is the problem 2.2.Who is affected, in what ways and to what extent? 2.3.How would the problem evolve 3.Why the European Union should act 4.Policy objectives 5.Policy options 5.1.Identified policy options 5.2.Discarded Options 6.Impacts of the different options 6.1.Option 1 – Baseline scenario – no action at Union level 6.2.Option 2 – Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020; reservation of the sub-700MHz frequency band for DTT and audio PMSE. 6.2.1.Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020 6.2.2.Reservation of the sub-700 MHz frequency band for DTT and PMSE 6.3.Option 3 – Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020 and coordinated designation of the sub-700MHz band for flexible use for audiovisual and wireless broadband services [in downlink-only mode], according to national demand. 6.3.1.Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020

6.3.2.Flexibility approach to the sub-700MHz band 6.4.Option 4 – Coordinated designation and authorisation of the whole UHF broadcasting band for wireless broadband services by 2020. 7.Comparison of options 8.Monitoring and evaluation 9.BIBLIOGRAPHY 10.ANNEXES 10.1.Annex: Procedural information 10.1.1.Identification 10.1.2.Organisation and timing 10.1.3.Regulatory Scrutiny Board 10.1.4.Evidence 10.1.5.External expertise 10.2.Annex: Stakeholder consultation 10.2.1.High Level Group 10.2.2.The Lamy Report 10.2.3.Lamy Report Public Consultation on 700MHz spectrum band 10.3.Annex: Who is affected by the initiative and how – SME Test 10.4.Annex: Analytical models used in preparing the impact assessment. 10.4.1.Costs 10.4.2.Benefits of the 700 MHz band

10.5.Technical Annex 10.5.1.Glossary and Acronyms 10.5.2.Mobile sector 10.5.3.The European Audiovisual Model and the audiovisual sector 10.5.4.Digital Television 10.5.5.DTT spectrum use in EU Member States 10.5.6.Current spectrum harmonisation and usage of sub-1 GHz in the EU 10.5.7.Transition costs for the release of the 700 MHz band 10.5.8.Consumer costs for the release of the 700 MHz band



Table of Figures Figure 1 - Radio spectrum – UHF band Figure 2 – Penetration of total DTT by country as a percentage of television households, 2014 Figure 3 – Market shares of television platforms across Europe Figure 4 – Current status of the current licences and future intentions with respect to the 700MHz band in EU 28 Figure 5 - Parts of the problem, drivers and consequences table Figure 6 – General and specific objectives table Figure 7 – Policy options

Figure 8 – Key categories of impacts considered Figure 9 – 4G mobile broadband (LTE) coverage as a percentage of households Figure 10 – Capacity and coverage characteristics of different spectrum bands Figure 11 – Percentage of EU households with a mobile subscription giving access to the Internet Figure 12 – Top ten connected applications in 2020 Figure 13 – Estimated total costs of clearing the 700 MHz band with upgrade to DVB-T2/HEVC and DVB-T2/MPEG4 in EU 28 (€ million) Figure 14 – Comparison of options across all dimensions considered Figure 15 - Comparison of options: effectiveness, efficiency, stakeholder views and coherence Figure 16 - Monitoring indicators by policy objective Figure 17 – Stakeholders in favour of an EU coordinated approach Figure 18 – Stakeholders in favour of a common deadline for a market review Figure 19 – Estimate value to mobile operators of the 700 MHz band based on 800 and 900 MHz band auctions, 2010-2014 Figure 20 - Mobile Data and Internet Traffic, 2014-2019 Figure 21 – Mobile data traffic per application type, 2014-2019 Figure 22 – Mobile data traffic per application type, 2010-2020 Figure 23 – Mobile data traffic per application type, change between 2014 and 2020 Figure 24 – Observed and predicted mobile traffic off-load Figure 25 –The relevance of linear television in the EU 'Big 5' Figure 26 - Means of receiving television in the EU Figure 27 – TV viewing habits per age group in the EU

Figure 28 - Overview of Netflix deals with EU Telecom Operators Figure 29 – CPE cost by category Figure 30 – Countries with DVB, DVB-T2 and other broadcasting standards Figure 31 – Distribution of DTT assignments in the VHF and UHF bands (percentage) Figure 32 - Expiry dates of existing broadcasting licenses in the UHF band in EU28 Figure 33 – EU harmonised bands for wireless broadband with respect to 1200 MHz objective identified in the RSPP Figure 34 – Simulation of EU harmonised bands for wireless broadband with 700 MHz and 2.3 GHz harmonisation measures Figure 35 – Current assignments in harmonised EU bands below 1GHz (October 2015) Figure 36 – Level of impact in repurposing 700 MHz band related to an average of 30% Figure 37 – 700 MHz transmitter power structure of 18 EU countries Figure 38 – Selected countries and relevant criteria Figure 39 – EU28 restacking costs Figure 40 – EU28 transition costs to upgrade to DVB-T2 (MPEG4 or HEVC) Figure 41 – Cost of forced replacement of DVB-T2 MPEG4 compatible receivers, 2020-2022 Figure 42 – Cost of forced replacement of DVB-T2 HEVC compatible receivers, 2020-2022 Figure 43 – Cost of forced switch to cable or satellite receivers, 2020-2022



1.INTRODUCTION The Digital Single Market (DSM) for Europe Strategy is a political priority of the Juncker Commission. Connectivity is a building block of the DSM and fixed and wireless access is crucial to provide cost-efficient connectivity to all EU citizens. Wireless connectivity requires access to spectrum with the bands below 1GHz being the "sweet spot" for both wide coverage and high speeds. In the past the frequencies 470-862 MHz were used for analogue TV transmission. With the switch to more efficient digital television technologies some of this valuable spectrum, the 800 MHz band (790-862 MHz), was reallocated for use by wireless broadband services while the 470-790 MHz part is used for digital terrestrial TV (DTT) and audio programme making and special events (PMSE) equipment (essentially wireless microphones). Therefore, this spectrum is heavily used and is of very high value to both the broadcasting and mobile sectors. In 2012, the World Radiocommunication Conference (WRC), the International Telecommunications Union (ITU) conference which revises the binding Radio Regulations, decided that the 694-790 MHz ('700 MHz') band should be allocated as of 2015 to both Broadcasting and Mobile services in Region 1 (Europe and Africa). This has triggered an international debate over the use of the UHF band more generally. It is highly inefficient to operate broadcasting networks in the same frequency band as wireless broadband (WBB) networks (with both uplink and downlink traffic) because of their respective technical characteristics. Hence each Member State will have to decide how it intends to use the UHF band in the future.

At WRC-15 there were discussions about whether the sub-700MHz band (470-694 MHz) should also be allocated to both Broadcasting and Mobile services. The Commission did not support such action because the EU has a complex set of competing interests of wireless broadband and of its audiovisual model with its tradition of free-to-view public service broadcasting. The proposal was not approved at WRC-15 but it was agreed to review the allocation of the 470-960 MHz at a future WRC in 2023. This initiative relies on a long and comprehensive stakeholder consultation process. In 2013, Vice President Kroes tasked former Commissioner Pascal Lamy to chair a High Level Group consisting of mobile, broadcasting and media sectors' representatives to find a common position on the UHF band's future use. The Lamy Report, based on this dialogue, recommends repurposing the 700MHz band for WBB while sustaining the European audiovisual model (See Annex 10.5.3) and respondents to its Public Consultation expressed support for coordinated EU action. Member States' representatives have adopted a Radio Spectrum Policy Group (RSPG) Opinion supporting a coordinated EU approach for the provision of WBB services in the 700MHz band. The RSPG recommended the use of a legislative measure to set a common deadline for making the 700 MHz available for effective use, accompanied by an implementing decision to harmonise the technical conditions of use of the 700 MHz band for WBB on the basis of a report delivered by the European Conference of Postal and Telecommunications Administrations (CEPT). There is therefore an opportunity at the EU level to provide certainty as to the future use of the UHF band and give stakeholders time to prepare and adapt, thereby minimising the cost of change and maximising consumer benefits in line with the DSM's objectives.

2.Problem Definition 2.1.What is the problem Fragmented national approaches to meet the growing demand for scarce spectrum below 1GHz could ultimately result in a failure to satisfy the connectivity needs of the DSM. Innovative applications in sectors such as media and telecommunications as well as transport, healthcare or energy, impose new requirements on connectivity in terms of capacity, quality and ubiquity. Audiovisual services are increasingly being delivered via alternative platforms, including wireless broadband (WBB) and the Internet. Reliable, trustworthy, high-speed and affordable networks are therefore essential to deliver digital products and services. There are ITU-level actions and discussions concerning the 700 MHz band and the sub-700 MHz band and their availability for wireless broadband. The allocation of the 700 MHz band to both broadcasting and mobile services means that countries are free to use the band for one of those types of services. The EU should decide how it intends to use the UHF band in the future if it wants to avoid divergent national approaches and to influence international spectrum regulation. Many countries outside Europe have already decided to use the 700 MHz band in line with ITU regulations for International Mobile Telecommunications (IMT), so there is a rare opportunity for near-global harmonisation of this band. This will mean EU consumers will be able to benefit from the full set of capabilities of equipment already on the market, i.e. take advantage of the existing quasi-world-wide market for mobile devices already 'tuned' to the 700 MHz band. The Digital Agenda for Europe (DAE) includes a broadband coverage target of at least 30 Mbps EU-wide by 2020. While both fixed and mobile networks can contribute to achieving the DAE goals, mobile networks are more cost-efficient than fixed ones in rural areas and mobile (on-the-go) services and speed have become part of EU citizens’ lifestyles and EU companies’ competitiveness. Demand for pervasive wireless connectivity is therefore growing. Radio spectrum is a scarce resource essential to the operation of wireless networks; it is a crucial asset for the DSM connectivity needs but still suffers from fragmentation in its use and management. The challenge lies in making additional spectrum available to meet this demand. Parts of the UHF band are licensed for Digital Terrestrial Television (DTT) services while wireless microphones operate on a licence exempt basis (general authorisations) in the 'white spaces' left unused by the licensed user. This band is in high demand because its coverage characteristics for rural areas and its in-door penetration capabilities in urban areas mean it is a particularly valuable spectrum band for high speed WBB deployment with nation-wide coverage ( Figure 1 ). It is technically extremely challenging and very inefficient to use both WBB and DTT in the same spectrum at the same location, because they have fundamentally different technical characteristics. A Commission study published in 2014 concluded that technological developments that would remove this constraint (convergence) are not currently sufficiently advanced to offer a solution in the coming years. The UHF band is hence subject to competing claims from two wireless ecosystems, WBB and DTT. Source: BBC Any long term commitment relating to access to spectrum in the sub-1GHz band should meet demand and be attentive to the rapid developments in media and mobile technologies and markets. Consumer trends show that the viewing of television content on TV sets increases with age while the viewing on the Internet decreases ( Figure 22 ). It remains open whether this is a generational difference or a permanent evolution which would have an impact on TV audiences in the future, i.e. whether current youngsters will move to more linear TV viewing when they become older. Thus it is not possible to say now whether linear TV viewing (broadcasting service) will decline in the long term future or not.

The UHF band has historically been a crucial asset for the free-to-air European audiovisual model promoting media pluralism and cultural diversity in many EU countries. The transition from analogue to digital television in the EU freed some spectrum, the 'digital dividend', in the 800MHz band and this spectrum was then made available for wireless broadband use (Annex 10.5.5). Although cultural and media policies are the competence of the Member States, Article 167(4) TFEU requires the Union to take cultural aspects into account in its action, and in particular, to respect and promote the diversity of cultures. In particular Digital Agenda for Europe action 82 aims to ensure the implementation of the provisions of the Audiovisual Media Services Directive. In some Member States DTT is the only platform distributing public service channels free-to-air while in others a free-to-view satellite service exists. The current use of the UHF band varies considerably between Member States with parts of this band licensed for broadcasting, WBB services and other uses, such as wireless microphones. The proportion of DTT households varies from less than 5% in Belgium to over 90% in Spain ( Figure 2 ). Source: IHS Technology (2015) Some of these households are so-called primary DTT households (i.e. their primary TV receives the DTT channels) while others are not, meaning that their primary TV receives channels from another platform (cable, satellite or IPTV). This is related to the availability and penetration of other TV platforms illustrated in Figure 3. For example both Italy and France have a total DTT penetration of over 80%. However, while in Italy DTT represents a share of about 75% of TVs, in France DTT represents a share of only about 45% of TVs, because the alternative platforms have a considerably greater presence in that country. Source: EAVO (2011, 2012), e-Communications Household Survey (2013), Yearly/Quarterly reports from National Regulatory Authorities, Digitalisierungsbericht 2013 (die medienanstalten) Farncombe analysis and research Therefore, in response to the increasing demand for spectrum in the UHF band, Member States are also likely to have different approaches to its future use. 'Early movers' such as France and Germany have already proceeded to assign the '700 MHz band' to mobile broadband services on the basis of the ITU co-allocation decision (Annex 10.5.6). These countries have taken into account the constraints that will arise from the need for cross-border coordination and have set long deadlines for the coverage obligations associated with the 700 MHz band.

Other Member States such as Sweden and the UK have made public commitments to follow along the same lines. The current DTT licence expiry date, the public commitments, the auction dates and the auction revenues are detailed in Figure 4 below The absence of an EU-wide vision and common legislation for the UHF band will create fragmentation in the use of the UHF band within the Union. Member States will act within their country but will be unable to control how and when neighbouring countries might act. This will lead to uncertainty for investors wishing to deploy innovative mobile-based services across Europe. Such fragmentation could be detrimental to the Union's internal market for several reasons explained in detail in the next section. Figure 5 below summarises the problem and indicates the problem's drivers and consequences. This Impact Assessment accompanies a Decision of the European Parliament and the Council to coordinate the use of the UHF band, in particular to coordinate the change of use of the 700 MHz band and a Commission implementing measure to harmonise its technical conditions of use as well as to ensure regulatory certainty for the use of the 'sub-700MHz band'. 2.2.Who is affected, in what ways and to what extent? The existing EU harmonised spectrum for WBB below 1 GHz has been assigned in nearly all Member States (Annex 10.5.6). Mobile operators request that additional spectrum below 1GHz be made available to wireless broadband services to allow them to meet increasing demand for mobile data traffic through better coverage of high speed broadband in rural areas and improved indoor coverage in urban areas. Given radio waves travel across national borders, the use of the UHF band in one Member State has an impact on the type of use possible in neighbouring countries. In practice, if a Member State introduces WBB in the 700MHz band before its neighbours, it could cause interference to DTT users in neighbouring countries in areas up to 100 kilometres from the border which represents about 13% of the EU population . This problem would hence be particularly relevant in Member States where a large proportion of the population lives within reach of signal transmissions from neighbouring countries. Hence this Member State might have to limit WBB deployment in border areas and/or conclude cross-border coordination agreements with its neighbours. For smaller Member States this could mean that they would not be able to clear the 700 MHz without international coordination.

Thus, a fragmented approach to the UHF band and in particular to the release of the 700 MHz band can generate uncertainty and hinder investments in high-speed mobile networks in the EU. It therefore risks depriving EU citizens of access to better and lower cost broadband services with speeds of at least 30MB/s, especially in rural areas, and of enhanced indoor penetration. Also, EU citizens will not benefit fully from the economies of scale (generated by markets outside of Europe) for the equipment that uses the 700MHz band. A Union UHF band strategy should encourage vibrant telecoms and audiovisual markets and sustain the European audiovisual model. 2.3.How would the problem evolve There is consensus that mobile traffic is growing, particularly due to the increase of video streaming, and that more spectrum will be needed to increase the capacity of mobile networks. The precise extent of this growth remains controversial but even the most conservative estimates have mobile traffic growing at about 25% per year. This will lead to demand for spectrum in excess of what is currently available in the short and medium term in all Member States . This traffic is carried partly over mobile networks (3G and 4G) and partly (about 70%) offloaded, i.e. carried over Wi-Fi onto fixed networks ( Figure 19 ). Wi-Fi operates at higher frequencies (e.g. the harmonised 5 GHz band) where unused spectrum is still available. The offloaded traffic hence alleviates the pressure on spectrum below 1 GHz but Wi-Fi cannot offer mobility (on-the-go) services and is only available if there is a fixed network; it will thus only partially absorb mobile traffic growth. The extent of future demand for DTT audiovisual services to large screens for home use remains uncertain. The roll out and the technological developments of fixed broadband (cable and fibre) and of satellite broadcasting services could change the role and cost-effectiveness of the different TV platforms. Consumer trends in the consumption of audiovisual content, with the increasing importance of non-linear content, user-created content and sharing as well as consumption on mobile devices, might have an impact on the demand for traditional linear TV. A change in DTT demand would have an impact on spectrum demand and/or on the efficiency of use of current DTT spectrum. 3.Why the European Union should act EU action is desirable because of the following considerations: Efficient use of spectrum: given the ITU international framework, a common EU-level frequency designation would incentivise DTT and WBB actors to make timely transitions towards more spectrum efficient technologies needed to cope with growing demand for spectrum below 1GHz. Securing investment for 5G networks: an early EU decision will ensure regulatory consistency and is therefore likely to provide increased certainty to investors and companies over the future availability of spectrum for DTT and WBB use. This is likely to foster the substantial network investments needed to meet the Union’s connectivity needs. Mobile services using such improved networks will help drive innovation and growth in telecommunications and in other sectors. An EU approach would facilitate scaling-up these services in the European market. Stakeholder alignment: The Lamy Report recommends that the 700 MHz band should be made available for wireless broadband by 2020 and that downlink-only wireless broadband use could be flexibly introduced in the sub-700 MHz band. High Level Group members supported it in public statements. The subsequent Public Consultation on the Lamy Report also clearly showed respondents' support for EU action (see Annex 10.2.3). Member States adopted an RSPG Opinion that also supports such EU action. The RSPG recommends that the EU develops a strategy on the future use of the UHF band taking into account decisions and developments on the 700MHz band as well as all political, economic, regulatory and technical elements.

Benefits from economies of scale and promoting innovation: a common frequency designation and common adoption of technical conditions would result in a 500 million consumer market, simultaneously benefiting from and further contributing to the near-global harmonisation of the 700 MHz band. Device and network equipment manufacturers will benefit from the consequent economies of scale flowing from a near-global harmonisation of the 700 MHz band. The European audiovisual model: The audiovisual model is based on the rationale that public funding should support public service broadcasting, that cultural diversity, freedom of information and media pluralism are maintained and that broad access is given to events of societal importance. In some Member States a free television based model is established with related public interest obligations such as universal coverage (see Annex 10.5.3). It will be important to respect these founding values when addressing the long term future of the UHF band, while recognising that the implementation of such values must be adapted to a future characterised by multiple networks and platforms, including OTT delivery, distributing both linear (programmed) and non-linear (on-demand) audiovisual media content. Based on Article 114(1) TFEU, the European Parliament and the Council adopted Decision 676/2002/EC on a regulatory framework for radio spectrum policy in the European Community. The results of the ongoing evaluation and review of the EU telecoms framework will be presented at the earliest by mid-2016 and, given its complexity and wide-ranging nature, it might take two years for legislative measures flowing from that review to be adopted and enter into force, which would be too late for an orderly reallocation of the 700 MHz band. The review of the telecoms framework will address broad policy objectives, while the aim of this initiative is a targeted intervention on a specific frequency band. In its Work Programme for 2015, the Commission has indicated that it will complement the review of the telecoms regulatory framework with a timely and coordinated release of the 700MHz band in Europe. This initiative is an integral part of Decision 2012/243/EU establishing a multiannual radio spectrum policy programme (RSPP). Article 3(b) of the RSPP states that Member States and the Commission shall cooperate to allocate at least 1200 MHz of appropriate spectrum by 2015 to meet the increasing demand for wireless data traffic thereby allowing the development of commercial and public services, while taking into account important general interest objectives such as cultural diversity and media pluralism. Article 4 of the RSPP provides the legal basis to harmonise the technical conditions for the availability and use of frequency bands for a specific application at EU level; such technical harmonisation measures are expected to ensure more efficient use of spectrum and enhance the internal market. Such harmonised spectrum will ensure that innovative services can be provided to EU citizens and promote development and innovation in priority sectors such as audiovisual or WBB services, including the Internet of Things (IoT). The EU currently counts 1030MHz of harmonised spectrum for wireless broadband ( Figure 33 ). Timely release of the 700 MHz band can thus be achieved within the context of the current framework and in pursuit of the RSPP and DAE broadband target objectives. The EU will act with two initiatives: i) the proposal of a European Parliament and Council Decision for the entire UHF broadcasting band including 700MHz and sub-700Mhz band, and ii) an implementing decision, adopted through comitology procedure, to designate and make available the 700MHz for the use of wireless broadband services with harmonised technical conditions of use based on technical parameters agreed within the CEPT. 4.Policy objectives Any EU action should comply with the ITU Radio Regulations and the Geneva Agreement of 2006 (GE06) which protects digital terrestrial television in cross-border territories and could thus geographically constrain WBB deployment. EU action will have to include the effective management of interference to digital terrestrial television outside EU borders. Our proposed legal measures aim to avoid a fragmented approach by Member States to meeting the demand for UHF spectrum as a means of providing ubiquitous low-cost, high-quality WBB services. Two general objectives have been detailed, accompanied by specific objectives. General Objectives Specific Objectives Foster the development of the Digital Single Market which is built on reliable high-speed networks Identify spectrum bands which can be used to meet growth in wireless broadband services, while sustaining the founding principles of the European audiovisual model (Annex 10.5.3) Ensure wireless broadband connectivity (coverage) across the European territory Promote competition, innovation and technological neutrality. Encourage an efficient management and use of the radio spectrum reflecting its social, cultural and economic value Avoid interference between WBB and DTT services Ensure that the use of the UHF band contributes to secure the public interest and consumer benefits while facilitating investments and market transformation Support the use of more efficient technologies and standards

5.Policy options 5.1.Identified policy options A future strategy for the UHF band should be able to adapt to the evolving broadcasting and mobile market realities while taking into account trends in technology and consumer behaviour. It should include the timely and coordinated repurposing of sufficient additional spectrum (including the 700MHz band) in the EU territory to ensure the full economic benefits of wireless broadband connectivity in the EU. Any EU action should comply with ITU Radio Regulations. The Geneva Agreement of 2006 (GE06) governs the use of the frequency band 470-862 MHz and protects DTT in cross-border territories. Thus, a release of the 700MHz band for WBB in Europe will have to include the effective management of interference with DTT outside the Union. Deployment of WBB along external borders is subject to bilateral cross-border coordination agreements. Cross-border coordination with Russia was concluded in October 2015. Four policy options, presented in the table below with their provisions for the 700MHz and the sub-700MHz bands, have been considered to address the problem and to meet the policy objectives. The following main inputs have been considered: (i) the Lamy report of 2014, (ii) the results of the public consultation on the Lamy report, (iii) the RSPG Opinion and (iv) the Commission study on the Economic and Social Impact of Repurposing the 700MHz band for Wireless Broadband Services in the European Union. Option 1- Baseline scenario – No action at Union level In the baseline scenario, the EU will neither take action on the 700MHz band nor on the sub-700MHz band. Option 2 - Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020 and reservation of the sub-700MHz frequency band for DTT and audio PMSE. Option 2 entails the coordinated release of the 700MHz band for wireless broadband and reservation of the sub-700 MHz band for DTT and audio PMSE. A Commission proposal to the European Parliament and Council would provide for a timely and synchronised release of the 700MHz band for WBB and provide clarity as to the future use of the sub-700 MHz band.

A Commission Implementing Decision would require Member States to put the 700MHz band into effective use for electronic communication services under harmonised technical conditions (such as common channelling arrangements and power limits to avoid harmful interference). To mitigate the disruption caused by the changing conditions of use of the band, a transition roadmap is included in this Option. Member States should: I)adopt and communicate to all other Members States and the Commission a national roadmap (including the planning and preparations, the international frequency coordination, frequency management, technical activities, communications, support to trade stakeholders and potential compensatory measures) by June 2017; II)conclude all necessary cross-border coordination agreements within the Union by the end of 2017; and III)implement measures to ensure a minimum impact on audiovisual services broadcasters and audio PMSE users – i.e. legal certainty and protection. Member States will also be encouraged to consider imposing coverage obligations when granting licenses in the 700 MHz band, possibly linked to incentives such as network/spectrum sharing in order to achieve coverage targets, with a view to meeting the DAE broadband objectives and fostering connectivity in line with the DSM strategy. Option 2 provides for the sub-700MHz band to be reserved for DTT and PMSE. This legal protection will be reassessed by 2025 based on an evaluation of DTT and WBB demand and technological developments. Option 3 – Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020 and coordinated designation of the sub-700MHz band for flexible use which safeguards the provision of audiovisual media services (AVMS) to mass audience, via maintenance of DTT or other downlink-only distribution, including free-to-view distribution, as well as audio PMSE, subject to national demand.

* PMSE use in 'white spaces' Option 3 entails the adoption of EU measures to ensure a coordinated release of the 700MHz band for wireless broadband as in Option 2. Option 3 differs from Option 2 in the provisions for the sub-700MHz band. In this Option, Member States can decide whether to maintain their current DTT platform (and in this case it should have priority vis-à-vis wireless broadband services in neighbouring Member States) or whether to gradually reduce available (and possibly underutilised) spectrum serving DTT or to lift current restrictions on technology and service neutrality and introduce other uses besides DTT within the sub-700MHz band according to their national circumstances (Articles 9 and 9a of the Framework Directive 2002/21/EC). Access to spectrum for DTT is safeguarded to the extent judged necessary by individual Member States. Traditional DTT broadcasting services may thus co-exist in the sub-700MHz band with wireless broadband services limited to downlink-only mode. In practice, flexible use of the sub-700 MHz band means that specific channels or locations not used for terrestrial broadcasting could become available for downlink-only services or applications served by an alternative technology (such as WBB), operated by existing right holders or newcomers, depending on national circumstances. A widening of possible uses of a band, in terms of either technology or services, does not necessarily require a change in the assignee of the band, so such a change could effectively enlarge existing rights – while still being potentially subject to national general-interest service restrictions. Member States which choose to allow downlink-only services will have to ensure cross-border coordination with countries where DTT is operational. The use of downlink-only services and their co-existence will have to be technically harmonised at Union level subject to studies and a subsequent technical implementing measure adopted by the Commission pursuant to Article 4 of the Radio Spectrum Decision. Studies to clarify the conditions of co-existence of DTT and 'down-link only' WBB should be launched as soon as possible and could be conducted in the framework of a mandate to CEPT. This flexibility is compliant with the ITU Radio Regulations (RR) on the sub-700 MHz band, which stipulate an allocation solely to the broadcasting service for ITU Region 1. Uplink services will not be allowed as they would entail severe service limitations due to the necessary interference mitigation with respect to broadcasting services required to comply with the ITU RR and with the GE-06 agreement, in particular at the EU outer borders. As in Option 2, an evaluation process is envisaged by 2025 to reassess the provisions for the sub-700MHz band. In this Option, the evaluation will also be a means to re-examine the relevance of prioritising audiovisual media services in the 470-694 MHz band and the need to limit its use for downlink-only. Any significant changes resulting from such evaluation would take until about 2030 to be implemented, thus giving the relevant market actors predictability up to this date. Option 4 – Coordinated designation and authorisation the whole UHF broadcasting band for wireless broadband services by 2020. Option 4 implies the complete clearance of DTT from the UHF band (700MHz and sub-700MHz) and the designation and assignment of the whole UHF band to WBB services (and possibly other sectorial services, including audio PMSE) by 2020. Comprehensive coverage obligations would be linked to WBB licences in the UHF band in order to establish a fully connected Union.

In this Option, EU coordination will define a common UHF roadmap for clearing DTT from the UHF band (as opposed to transition) that should serve as high-level guidance to national and EU-level policies. Sub-700MHz band 700MHz band Option 1 No action No action Option 2 Reservation for DTT and audio PMSE to exist and develop Vacate DTT, make available for WBB Option 3 Flexibility of use: Member States can maintain DTT or introduce WBB in downlink-only mode, provided audiovisual media services to mass audiences are safeguarded Vacate DTT, make available for WBB Option 4 Vacate DTT, make available for WBB Vacate DTT, make available for WBB 5.2.Discarded Options Non-regulatory options have been discarded as spectrum is limited, implying the need for a certain form of public management and regulation that guarantees equal opportunity for use and prevents interference. The policy options envisaged in this report are based on regulatory action as any non-binding measure (i.e. to stimulate voluntary agreements and self-coordination between stakeholders) is unlikely to ensure efficient use of spectrum. The timeframe of the proposed legal measures to release the 700MHz band could range from 2018 to 2022 as proposed in the Lamy Report and in the Lamy Report Public Consultation responses (see Annex 10.2.3). An earlier date than 2020 cannot be envisaged as a transition period is required to clear the band and designate and assign it to its new use. Option 3 allows Member States to decide on the scope of the sub-700MHz band according to their national circumstances, and therefore could result in greater technology and service neutrality than is currently prevalent. The obligation for Member States to reserve part of the sub-700MHz band for WBB (i.e. with uplink as well as downlink) before the 2025 evaluation was discarded as this could undermine future DTT investments and unlike the case of the 700MHz band itself, does not appear to be uniformly necessary across the EU to achieve the right balance between growing WBB demand and audiovisual distribution in keeping with widespread policy preferences of the Member States. This Option was discarded at it is not possible to identify a portion (or even a certain quantity of spectrum) that would be appropriate in each Member State to provide DTT with enough spectrum to maintain its current offering and develop in the future. A 'one size fits all' solution cannot be envisaged in this case. If the Union decides there is a value to sustaining its audiovisual model, it should not deny one of the main platforms the opportunity to compete and innovate. 6.Impacts of the different options The aim of this section is to assess the social and economic impacts of the policy options considered covering actions on both parts of the UHF band: the 700MHz band and the sub-700MHz band. The categories of impacts considered are described in the table below. Category of Impact Key Issues Specific EU region and/or Member State Member State geography and actual use of the UHF band Macroeconomics and capital expenditure Economic growth and employment: investments and transition costs for incumbent operators in the 700MHz band Consumer welfare Consumer benefits from wider and better availability of wireless broadband to provide on-line services and from the availability of TV through the DTT platform Digital Single Market and Digital Economy Completion of the Digital Single Market and EU companies and SMEs benefits from the digital economy Legal and Administrative changes Network re-planning and re-assessment of regulatory conditions of spectrum use and potential coverage obligations Cultural diversity Impact on the quality, quantity and distribution of audiovisual content There is no specific environmental impact in any of the options. Introducing WBB services in the 700 MHz band would not require the installation of more masts as the base stations already used for 800MHz and 900MHz would be sufficient.

Member States are already required to draw up waste management planning as foreseen in the Waste Framework Directive for the disposal of consumer equipment (TVs and set-top-boxes). TV life cycles are shorter than in the past mainly due to improvements in design and resolution while DVB-T2 compliant TVs are already in the market. From studies conducted by Sky TV 93% of the carbon footprint comes from customer use of the equipment rather than manufacturing, distribution and disposal. An accelerated replacement driven by this initiative would be compensated by the more efficient energy consumption characteristics of newer equipment. A timely decision on the 700MHz band would allow the integration of any technical adjustments in the next TV models. If the EU decides to repurpose the 700MHz band, the date set to clear the band is important when assessing the impact of timescales on the costs of transition. The impact of the options can be assessed separately for mobile network operators, broadcasters (distribution and content), creative industries, equipment manufacturers, citizens and regulatory authorities. 6.1.Option 1 – Baseline scenario – no action at Union level In Option 1, Member States in addition to France and Germany and probably starting with the ones that have made public commitments in this regard, will act independently or in small groups for coordination purposes and the future designation of the 700MHz and the sub-700MHz band will be decided on a national or regional basis. It is difficult to predict which countries will act and when, beyond the information already provided in Figure 4. Some Member States facing the biggest difficulties in clearing the band might decide not to act and maintain their current DTT use in the 700 MHz band. Member States would be able to determine the amount of spectrum made available for wireless broadband in the 700MHz and/or the sub-700MHz bands and be able to change the available frequencies and their relevant technical conditions unilaterally, even though a non-binding agreement has been reached by the CEPT on the technical conditions of use of the 700 MHz band for WBB. Member States are also likely to take action according to national timescales, so that where the 700MHz is repurposed, the 700MHz band will be made available for wireless broadband at widely different times. This will substantially decrease the efficiency of spectrum use and the benefits of the WBB services operating in the 700MHz band as WBB services availability will be constrained by high-power DTT interference. This will lead to delays in WBB network roll-out, in particular in border rural areas, which will experience a lack of or poor WBB coverage. Also border urban areas might encounter capacity bottlenecks for high-speed broadband due to spectrum shortage. Member States will have to invest considerable effort in concluding cross-border coordination agreements with each of their neighbours to try and limit the interference problems. A lack of EU coordination thus means that the interference issues will last over several years. Until the last Member State has released the 700 MHz band from DTT there will be a need for cross-border coordination agreements between neighbouring countries using different technologies within the 700 MHz band, i.e. WBB and DTT. Cross-border coordination will be applicable to every Member State from the beginning of the transition and will have to be reviewed every time a Member State performs the step change in use of the 700 MHz band from DTT to WBB. First movers (like Germany and France) will have to conclude early cross-border coordination agreements and may need to postpone WBB deployment in the 700 MHz along their borders, thus depriving their citizens living in border areas of the possibility to access high-speed WBB. This problem would be most acute at the outer borders of the Union such as between the Baltic Member States and Russia, where the conclusion of cross-border agreements and their conditions (subject to ITU coordination rules) may impose significant restrictions on WBB deployments. As the Union (and the rest of the world) is increasingly relying on connectivity and ubiquitous access to online goods and services, lagging behind in the digital market would have a potential spill-over effect on other sectors. In addition, the EU market will not benefit fully from the available economies of scale in terms of network roll-out and equipment availability and interoperability. The transition to more efficient spectrum technologies is already taking place as DTT seeks to stay competitive vis-à-vis other TV platforms like cable and satellite. All countries in Europe are using DVB standards but different countries use different compression technologies (Annex 10.5.4). An uncoordinated timing for release of the 700 MHz could also limit the incentive to upgrade DTT technologies and roll out new high-speed networks. This would have a stagnating effect on the DTT market and the completion of the DSM, as well as delaying the availability of equipment for the 700MHz band. The overall risk is that Option 1 would hinder the Union's innovation and reduce its competitiveness. Neither stakeholders in the context of the Lamy Report nor Member States in the RSPG Opinion envisaged this option. It was not possible to quantify the impact of this option which is by its very nature varied and unpredictable. The lack of a coordinated EU action means it is not possible to pre-determine which Member States will take which decision within which deadline, thus making the variables of the cost and benefit analysis too wide to determine an estimate. 6.2.Option 2 – Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020; reservation of the sub-700MHz frequency band for DTT and audio PMSE. 6.2.1.Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020 The designation of the 700MHz band for WBB by 2020 would identify additional spectrum to meet the increasing demand of wireless data traffic ( Figure 15 -19) and contribute to the RSPP and DSM objectives. Only adding the 700 MHz band to existing EU harmonised spectrum for WBB in the 800 MHz and 900 MHz bands would allow mobile operators in a competitive 3-4 player market to efficiently offer citizens ubiquitous broadband connectivity at 30 Mb/s or more by 2020 as they would benefit from spectrum holdings of at least 20 MHz for the deployment of 4G technology. Figure 7 below illustrates the current variations in LTE coverage in EU Member States. The coverage is provided as a country average and will in fact be higher in urban areas than in rural ones.

Source: Eurobarometer (2014) The additional spectrum for WBB in the 700MHz band has specific properties which are particularly well suited to: i) coverage, i.e. providing high-speed rural broadband (in terms of geographical reach and quality of the signal), and thus ensuring ubiquitous connectivity for personal communications and also for IoT including connected cars and ii) in improving indoor penetration, i.e. the signal inside buildings in urban areas. The enhanced broadband coverage would make high speed WBB more widely available to EU citizens, thereby enabling them to access more and better services, including in particular audiovisual content, on their handsets. The 700 MHz band is hence an essential spectrum asset for achieving the Union's broadband coverage and connectivity targets, thereby establishing the necessary foundations for a fully functioning DSM. Source: Ericsson Connectivity Report, 2014 In urban areas indoor coverage would increase, allowing consumers to continue to benefit from their on-the-go services as they move in and out of buildings and other indoor locations such as tunnels, conference centres, stations etc. This will have a positive impact on the up-take of mobile subscriptions giving on-the-go access to the Internet. Figure 9 illustrates the current uptake of such mobile subscriptions in the EU. 60-79% 30-59% < 30% Source: Eurobarometer (2014) Mobile operators confirmed in interviews with the study team that their expected return on investment is higher in the 700 MHz band due to the higher cost of building sites in other [higher] bands. Such positive characteristics could be fully exploited if the timely granting of licenses in the 700 MHz band is accompanied by coverage obligations to increase investments and achieve broadband targets and the overarching DSM connectivity objectives. Such coverage targets would ensure that the capabilities of the spectrum are effectively utilised and that citizens will benefit from faster mobile data services and extra capacity in rural areas and improved indoor coverage in urban areas, as well as extended coverage of rail and roads. The Commission estimates, based on the prices paid for spectrum in 'equivalent' bands (i.e. 800 MHz and 900 MHz), that mobile operators will pay over EUR 11 billion for the 700 MHz spectrum if made available. This is the most common method of benchmarking spectrum value for a specific band in the EU, since auctions are now almost the exclusive means of assigning WBB spectrum. This estimate seems reliable when compared with the actual prices paid in France and Germany as well as with the estimated benefit of the 700 MHz for Ireland contained in a study by Frontier Economics ( Figure 19 ). The additional WBB capabilities would also have wider economic and social benefits as mobile broadband is, and will continue to be, an essential catalyst for the European economy (including SMEs) in existing and entirely new industries such as public services, health, connected cars and smart meters and grids. Connectivity will enable new revenue streams and business models, drive efficiencies and improve the delivery of on-line services to EU citizens and therefore also facilitate social inclusion. In addition, Europe will both contribute to and benefit from the economies of scale of a near-global harmonisation of this band.

Given that deployment of 5G technology is expected to begin by 2020, dedicated IoT networks could access the 700MHz band duplex gap (the spectrum unused between uplink and downlink traffic) as they do not need a lot of bandwidth but require good coverage conditions. This spectrum will hence facilitate the development of innovative services, whether they rely on ubiquitous coverage, such as connected cars or higher WBB speeds, such as e-health and audiovisual services. Gartner estimates that IoT will support services, such as those ranked below, with total annual spending of about EUR 55 billion in the EU28 countries in 2016. Connected cars Clinical remote monitoring Assisted Living Home and building security Pay-as-you-drive Car insurance Car usage (new business models) Smart meters Traffic management Building automation Electric Vehicle Charging Source: GSMA Connected Living Programme In terms of impact in the EU, more details on the top two applications can be given as examples: Connected cars revenue in EU28 will reach around 25 billion EUR in 2020 mainly driven by driver assistance and safety applications. Deployment and uptake of connected cars services is clearly dependent on the availability of ubiquitous connectivity and could benefit from the introduction of 5G IoT components for connected cars by 2020. mHealth could save 99 billion EUR in healthcare costs in the EU and add 93 billion EUR to the EU GDP in 2017 alongside an improvement in patient welfare; EU companies would also benefit from pervasive wireless broadband services with a positive impact on growth and competitiveness. Other potential benefits for society would be the use of the 700MHz band for specific mobile broadband services such as Public Protection and Disaster Relief (PPDR). Existing licensed DTT broadcasting services (public and private) would have less spectrum in the UHF band available for their operations. DTT services will have to be accommodated in the sub-700MHz and use more efficient spectrum technologies in order to maintain the same quantity and quality of available channels. This migration will generate costs for broadcasting network operators as they will have to reconfigure their networks to use only the sub-700MHz band. The repurposing of the 700MHz band will require significant changes to the broadcasting networks (planning, transmitters, antennas for distribution, encoders, multiplexing) in order to accommodate broadcasting services in the sub-700MHz band. DTT network operators will be required to restack their channels or upgrade to more efficient spectrum technologies. This might imply a reduction in the number of TV channels in some Member States, especially with restacking, and/or that some services might not be available on both the old and the new system (see Annex 10.5.7). Restacking will cost between 180 and 245 million euro EU-wide while upgrading to DVB-T2 will cost between 450 and 890 million EU-wide depending on whether broadcasters upgrade to MPEG4 or HEVC compression technologies. In addition DTT viewers will have to update their TV sets or set-top-box to receive the DTT channels after transition. This means consumers will have to invest in a new TV set or set-top-box. Manufacturers of consumer equipment might experience a faster replacement of consumer equipment than would be the case in the absence of an EU measure because DTT viewers will need DVB-T2 compliant equipment (television or set-top-box) by 2020. The Commission study estimates that consumer costs will amount to between EUR 616 million (for primary households only) and EUR 1.3 billion (for all DTT households) to upgrade to DVB-T2 MPEG4 set-top-box and EUR 1.6 to 3.3 billion respectively to upgrade to DVB-T2 HEVC set-top-box by 2020. This corresponds, per household concerned, to EUR 40 for a DVB-T2 MPEG4 set-top-box and EUR 100 for a DVB-T2 HEVC set-top-box. 68% of these costs will arise in France, Italy and Spain where consumers will need new equipment if they want to continue receiving DTT services. On the other hand these countries have relatively low LTE coverage and WBB take-up and will hence benefit from the better quality WBB offers based on the additional 700 MHz spectrum, particularly in rural areas. The majority of undertakings in the cultural and creative industries are SMEs. In particular PMSE users are the undertakings likely to be affected by a significant reduction of available 'white spaces' for their operations in the 700 MHz band. The Commission study estimates that PMSE costs for a transition by 2020 will amount to 200 million euro based on 30% of current audio PMSE users operating in the 700 MHz band. At the same time, it should be noted that wireless microphones can access spectrum in other tuning ranges outside the 700 MHz band and efficiency can also be improved by making more use of digital technology. The Commission anticipated spectrum needs for audio PMSE (see Annex 10.3) and ensured a baseline of frequency bands suitable for average daily use in an Implementing Decision on harmonised technical conditions of radio spectrum use by wireless audio PMSE equipment in the Union (see also the related impact assessment). This decision provides harmonised core bands amounting to 29 MHz and an obligation of outcome for Member States to find an additional 30 MHz of spectrum for PMSE. The proposed implementing decision on the 700 MHz band will give Member States the possibility of using the duplex gap and guard bands of the 700 MHz band for PMSE, thus making available 25 MHz of the 30 MHz identified in the PMSE decision and harmonising its technical conditions of use. The proposed implementing decision does not mandate PMSE use as this is not uniform across and within Member States and is thus best left to national authorities to decide. The Commission will also request an Opinion from the RSPG concerning a Union Strategy for PMSE services. Other cultural and creative industries specialized in audio-visual content production will not be affected as the DTT platform would continue to be amongst the platforms to distribute their content and since they would benefit from a better high-speed WBB which would be better suited to distribute their content to a wider group of citizens.

For regulatory authorities, costs and benefits will depend on the applicable national regulatory framework – i.e. the possibilities of license withdrawal, renewal or extension in other frequency bands and/or other administrative costs. Some of the current licences in the 700 MHz band will have to be amended in order to enable transition to mobile broadband services, depending on their date of expiry ( Figure 27 ). This will entail procedural steps in terms of due process pursuant to the principles set by the electronic communications regulatory framework, including Directive 2002/20/EC and in particular Article 14 thereof on amendment of rights and obligations. Pursuant to that Article, Member States shall ensure that the rights, conditions and procedures concerning rights of use may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio frequencies. To do so, notice shall be given in an appropriate manner of the intention to make such amendments and interested parties, including users and consumers, shall be allowed a sufficient period of time to express their views on the proposed amendments, which shall be no less than four weeks except in exceptional circumstances. The costs of cross-border interference and coordination between WBB and DTT would be reduced as these agreements would be concluded by 2017, in line with a milestone that would be set in the legislative measure to prepare the way for using WBB by 2020. In addition cross-border interference vis à vis third countries would benefit from a common EU position as opposed to single Member States on their own in terms of external border coordination. Member States submitted a RSPG Opinion that supports EU action in the form of a Decision of the European Parliament and the Council and a complementing Commission Implementing Decision describing the technical conditions for the use of the 700MHz band. The scale of these impacts may vary considerably across Member States depending on the country topology, DTT portfolio as well as network parameters. This diversity represents a challenge to the coordinated release of the 700MHz band. Given the varied importance of DTT as a television delivery platform as well as its network topology in different Member States, the Commission study on the Socio-economic impact of repurposing the 700MHz band organised Member States into groups representing a certain topology for the assessment of transition costs ( Figure 38 ). Restacking cannot accommodate about 20% of the current channels, so the assumption is that broadcasters will opt for upgrading to more efficient technologies which also enables them to better compete with other platforms. The total minimum and maximum costs for the three groups of affected stakeholders (broadcasters, audio PMSE and DTT users) are listed for both MPEG4 and HEVC upgrades with minimum and maximum values depending on the cost assumption for each transmitter ( Figure 40 ) in Annex 10.5.7). Source: LS telcom & VVA 6.2.2.Reservation of the sub-700 MHz frequency band for DTT and PMSE The protection of the DTT platform in the sub-700MHz band would safeguard and sustain the current European audiovisual model in countries relying on the DTT platform for such purposes by providing regulatory certainty as to the availability and location of spectrum for broadcasting services. This would accelerate network investment to update broadcasting technologies while promoting research and innovation on new means of audiovisual content distribution. The upgrade to more spectrum efficient technologies estimated in the section above will densify broadcasting networks in the sub-700 MHz band resulting in less 'white spaces' available for wireless audio PMSE. These users will encounter more difficulties in accessing spectrum; an exact estimate of the costs generated by this is not possible as it depends on which equipment is being used on which frequency and the intensity of use at a specific time and location (this varies widely for PMSE). As detailed in Annex 10.3, Commission Decision 2014/641/EU obliges Member States to make available at least 59 MHz for PMSE (in different ranges, also outside the UHF band). This constitutes a baseline across Europe. In case of higher national demand a Member State could also reserve spectrum for PMSE in the sub-700 MHz band, subject to national rules. Given the cross-border nature of radio spectrum, reserving the sub-700MHz band for DTT services means that Member States less dependent on the DTT platform will be prevented from using this spectrum for the roll-out of next generation WBB networks that can create the conditions for the provision of IoT and other innovative services, including social and public service innovation. Non-linear TV is increasing fast. Indeed, more and more audiovisual content is being consumed through platforms other than linear television; streaming video is growing strongly, primarily driven by over-the-top (OTT) providers like YouTube and Netflix. This is confirmed by the increasing number of commercial agreements between non-linear streaming content providers and telecom operators which contribute to accelerating the distribution of OTT streaming services ( Figure 28 ). Despite the growth of mobile viewing, linear TV generally remains the predominant means of viewing audiovisual content with over 80% of viewing time in the EU Big 5 still dedicated to linear TV ( Figure 25 ). EU citizens choose to watch linear television in spite of the increasing alternatives; pre-scheduled content thus appears to have inherent value for them. At the same time demand for linear TV is declining in some Member States. Around 125 million European households in 2014 received television channels via the DTT platform. About half of these only have DTT technology with no additional services from other platforms. Promoting freedom of choice and expression, cultural diversity and media pluralism is not intrinsically linked to the terrestrial TV platform but in some Member States DTT is currently the only platform supporting these general policy objectives whereas in others these are fulfilled through obligations imposed on cable and satellite platforms. Despite the competitive role of alternative platforms in the distribution of audiovisual content, the number of DTT households is forecast to remain stable until 2020 in the European Member States (IHS Technology, 2015). 6.3.Option 3 – Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020 and coordinated designation of the sub-700MHz band for flexible use for audiovisual and wireless broadband services [in downlink-only mode], according to national demand.

6.3.1.Coordinated designation and authorisation of the 700MHz band for wireless broadband by 2020 The socio-economic impact of the designation and authorization of the 700MHz band is the same as the one assessed in Option 2. 6.3.2.Flexibility approach to the sub-700MHz band In Option 3, the 'flexibility approach' allows for the co-existence of DTT and WBB services in downlink-only mode, which sufficiently mitigates interference with DTT thus allowing remaining DTT services in a country and along its borders to operate effectively. Cross-border coordination ensures that DTT broadcasting services in border territories will not be disrupted by WBB services in neighbouring countries Option 3 enables Member States to decide on the use of the sub-700MHz band. They could maintain the current DTT services or deploy (some) downlink-only WBB services, according to their national circumstances. A combination of WBB services in downlink-only mode and/or DTT services will be provided in the sub-700MHz band depending on the economic viability and social acceptance in each Member State. For Member States that decide to lighten if not lift current technology or service restrictions on the use of the sub-700MHz band they will be asked to align to harmonized technical parameters of use of the sub-700MHz band, detailed in a Commission Implementing Decision, to avoid divergent approaches at national level and, therefore, the risk of interference. By allowing Member States the flexibility to decide the best designation of the sub-700MHz band the positive economic impacts are maximised and the negative social impacts are minimised. This Option will not only give priority to DTT services and thus ensure a continuing future for terrestrial television delivery where needed but will also potentially enable mobile operators to increase their downlink capacity to respond to consumer demand where the spectrum is available (by acquiring new spectrum or leasing it from current right-holders). Downlink and uplink speeds and traffic are asymmetric with a greater need for downlink than uplink capacity mainly due to increasing video and app-based mobile use ( Figure 22 -24). Audio PMSE users will encounter more difficulties in accessing 'white spaces' due to the densification of DTT networks. A cost benefit analysis of this flexibility cannot be calculated as it will depend on the individual Member States' decisions. Member States take the view in the RSPG opinion that there is a need to have technically appropriate and sufficient spectrum for PMSE and consider that depending on developments and requirements of such services, there could be a need to identify additional spectrum. The RSPG recommends that the PMSE industry develops more advanced and spectrum efficient technologies. The Lamy Report and the RSPG support this Option as it would provide both flexibility and certainty. The flexibility allows Member States to introduce different WBB services in the sub-700MHz if compatible with broadcasting needs. Certainty (in terms of frequency resources for DTT) will be provided in Member States that would rather use the sub-700MHz band for broadcasting services and audio PMSE in white spaces. In promoting DTT and WBB co-existence, this Option would also pave the way for converged and innovative broadband-broadcasting services in the longer term when such technology matures. In addition, this Option foresees an obligatory market evaluation by 2025. The Commission, in cooperation with the Member States, will carry out an assessment on the developments relating to the use of the sub-700MHz band taking into account social, economic, cultural and technological aspects; the outcome would determine whether any regulatory changes are needed. The Lamy Report advocates a more efficient and flexible approach to radio-spectrum management so that, as far as possible, market forces and technological innovation determine the optimal use of spectrum, with a view to optimising economic benefits. This evaluation was broadly supported by respondents to the Lamy Report public consultation (Annex 10.2.3). 6.4.Option 4 – Coordinated designation and authorisation of the whole UHF broadcasting band for wireless broadband services by 2020. Option 4 would provide mobile operators with the entire UHF band to roll-out next generation networks (LTE technology) to provide new and innovative services. Harmonised coverage obligations as envisaged in Option 2 would be extended to the additional sub-700MHz band thus providing extensive coverage and indoor penetration for wireless broadband. The target of 1200 MHz for WBB set by the RSPP would be exceeded contrary to the Commission's 2014 conclusion that "there is currently no need for additional spectrum harmonisation, beyond the 1200 MHz target, in the range 400 MHz-6 GHz for licensed wireless broadband". The Commission launched a public consultation in September 2015 to look into the needs for Internet speed and quality beyond 2020. Option 4 would include the harmonisation of the technical conditions allowing the provision of WBB services across the Union and thus create a single EU-wide market for network roll-out and equipment. Even though this Option makes available the entire UHF band, for the purpose of estimating costs and benefits, the Commission still considers the 700 MHz band as a separate portion to the sub-700MHz because: the technical parameters of the band plan and of devices are not available; there is no global harmonization of the sub-700MHz; the additional needs for WBB are currently being evaluated by the Commission Therefore, it is not currently possible to quantify the benefits of releasing the sub-700MHz for WBB. Allowing both downlink and uplink wireless broadband services in the sub-700MHz band is not compatible with current DTT services. DTT services will not be protected in Option 4, so de-facto they will be unable to operate in the UHF band as of 2020. The release of the whole UHF band to wireless broadband would be likely to have significant impacts on the structure of the broadcasting market in some Member States. DTT could operate in the VHF band (e.g. in Finland) but this band only offers 56 MHz of spectrum, it is already used for digital radio in many Member States and TV antennas are not currently adapted to transmit on this band. The audiovisual content (including pay-tv channels only distributed on this platform) would be distributed across the available alternative platforms. This might include innovative distribution channels such as LTE broadcasting or OTT (internet) distribution. These could stimulate cultural diversity by providing opportunities for new forms of cultural expression such as interactive content platforms (Youtube, Vimeo, etc.) but there may be a risk of a diminished offer and content prioritisation as operators tend to promote content on a purely commercial basis (Annex 10.5.3). The imposition of legal compulsory must carry obligations, requiring innovative platforms to provide content, could mitigate this risk and best-efforts on internet distribution and other measures to ensure quality of service would provide optimal conditions to facilitate their emergence. Option 4 does not entail any network transition costs since broadcasting towers will still be used for radio and mobile network operators will mainly reuse their existing infrastructure to deploy services on the additional spectrum. Broadcasting network operators (in some countries separate from the TV distribution) will experience lower returns as their infrastructure will be used only to transmit radio signals. Also, the costs of cross-border interference and coordination between WBB and DTT would only arise vis-à-vis third countries as per the GE06 agreement. Option 4 implies large costs for audio PMSE users. The Commission study estimates that PMSE costs for a transition by 2020 will amount to 667 million euro. PMSE users may be able to use the duplex gaps between uplink and downlink WBB but it is uncertain how much spectrum would be available and whether that would allow for their average daily operations in the UHF band and how Member States would tackle spectrum requirements for extraordinary events.

Finally, Option 4 will generate costs related to the loss of the DTT sector as a whole and the strong pressure on audio PMSE users. It is not possible to estimate these costs but they would include the loss or drastic change of business plan of current DTT broadcasters as well as the related job losses. Citizens would experience better coverage and better quality of innovative services provided by mobile operators. On the other hand they will see their TV choice reduced by one platform. Those currently using DTT as their only TV platform (some DTT households already view television via another platform in addition to DTT) will have to migrate to alternative platforms: satellite, cable, IPTV or to innovative distribution models. Migrating to an alternative platform (satellite or cable) might imply costs up to 9 billion euro depending on the platform (when available) and the equipment (Annex 10.5.8). Depending on the Member State and specific location of the viewer, a number of issues might arise with alternative platforms for the provision of audio-visual services: Satellite networks use higher frequency spectrum than DTT and allow high data rates which eliminates the trade-off between numbers of channels, and higher audio and video quality than DTT. Its coverage is 100% but viewers might experience reception issues in densely populated urban areas (because of obstacles preventing the dish to receive the signal) and in the very northern part of Europe (i.e. northern parts of Finland and Sweden). Although a number of free-to-air satellite channels are available, some households may prefer to subscribe to pay-tv services; The cable platform is not available in all EU countries and does not typically cover remote areas; Some questions remain about the resilience of wireless broadband infrastructure and its capacity to ensure a high-quality viewing experience. According to Ofcom's paper on the Future of Free to View TV (2014), significant challenges need to be overcome in order for WBB networks to be able to offer consumers a viewing experience comparable with DTT networks; Mobile networks do not currently offer the same levels of coverage, network reliability and robustness as DTT, even if their potential in this regard is steadily growing. This Option was not envisaged in the Lamy Report. The RSPG Opinion did consider it and noted that the introduction of uplink would require ITU Region1-wide agreement to synchronise different implementations and transition periods in these countries. The RSPG Opinion concluded that it would be too challenging to agree on all the technical elements necessary to set up both cross-border bilateral and multilateral agreements with EU and non-EU countries and therefore did not prefer this Option. 7.Comparison of options For the comparison of the efficiency of options in Figure 11 we assumed that broadcasting transition costs were related to more efficient technologies (DVB-T2 with MPEG4 or HEVC) because restacking cannot accommodate the entire current DTT offer in terms of channels and quality. Figure 11 also provides the costs for PMSE users and consumer equipment cost is assumed to be related to primary DTT households as other DTT households would already be viewing content from an alternative TV platform. The Commission considers that Option 3 best fulfills the policy objectives. On one hand, a full-scale repurposing as envisaged in Option 4 is not currently considered appropriate as DTT still has an important role in many Member States. On the other hand, in light of the evolving trends of consumer viewing of audiovisual content, Option 3 provides the supplemental downlink flexibility and thus an opportunity for innovative platform development. This 'flexibility option' safeguards the interest of both DTT and WBB services in the sub-700MHz band – it would enable the creation of an innovation ecosystem for both of them. The positive economic impacts would be maximized and the negative social impacts minimized. Even though the cost of transition is lower for later dates, the timely availability of the 700MHz band for WBB will benefit SMEs by promoting investment in connectivity to enable a range of new and innovative services and business models and will address the interference problems likely to arise as Member States decide to assign this spectrum to WBB. The 2020 timing is appropriate as it would enable IoT applications in the context of 5G deployment expected to commence in 2020. Option 3 offers optimal legal conditions for traditional broadcasting services to co-exist with wireless broadband services in downlink-only mode provided that continued access to spectrum for terrestrial broadcasting as a primary user is guaranteed on the basis of national demand. This option aims to improve the conditions for the establishment and functioning of the DSM. In line with the Radio Spectrum Decision (676/2002/EC) and the RSPP (243/2012/EU) objectives, this policy option proposes a sustainable and balanced solution to achieve the DAE goals on broadband access and audiovisual policy (i.e. cultural diversity and creative content) in the UHF band. Releasing the 700 MHz band for wireless broadband (with additional carrier aggregation along with the 800MHz and 900MHz band) offers unique capabilities to provide sufficient coverage in rural areas and offer in-building penetration in urban areas.

Option 3 is the best option in terms of subsidiarity and proportionality. The subsidiarity principle is respected because the initiative's objectives could not be achieved by Member States individually (as detailed in section 2) while at the same time allowing national circumstances (in the sub-700MHz band) to be taken into account. The flexible use of the sub-700MHz band is proportionate since it addresses the problem and achieves the objectives in the most efficient way. Clearing the whole sub-700MHz band for WBB, as envisaged in Option 4, would go beyond what is currently necessary to satisfy the demand for sub-1GHz spectrum needed to meet mobile traffic demand. At the same time, Option 3 provides regulatory certainty for DTT in the sub-700MHz band for those Member States that wish to maintain their current sub-700MHz DTT capacity. A timely and coordinated clearance of the 700MHz band in the EU will reap the full economic benefits of mobile broadband connectivity in the EU by maximizing economies of scale and reducing operating costs. It is essential that the 700MHz band is made available for WBB within a relatively short and synchronised time window to ensure the right incentives for rapid network roll-outs. The preferred option, in line with the Lamy report recommendation, is that by 2020 spectrum needs to be assigned to mobile networks. This does not happen overnight - in some Member States complex reallocation procedures will have to be put in place. Past experience with 3G and 4G in the 800 MHz band has shown that this might take more than 24 months. The Commission has identified that the following operational objectives of the preferred option are: Allocate 60MHz of additional harmonised spectrum in the 700MHz band towards the 1200 MHz target; Contribute to the achievement of DAE broadband targets by 2020 through encouraging Member States to include coverage obligations in 700MHz licenses; Ensure cross-border frequency coordination agreements within the Union as well as with non-Union countries by 2017. In summary, Option 3 will: • Provide additional EU harmonised spectrum to meet growing mobile traffic demand by 2020; • Contribute to DSM connectivity objectives and DAE broadband targets; • Reduce fragmentation of UHF band use and prevent interference between WBB and DTT services; • Facilitate market transformation towards more efficient technologies; • Adapt to new forms of audiovisual consumption while sustaining the current free-to-view model; • Allow Member States to choose whether to use (part of) the sub-700MHz for uses other than DTT and audio PMSE, under certain conditions.

Article 6 of Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) provides that Member States may, where appropriate and in conformity with Union law (in particular with Union State aid law), ensure that the direct cost of migration or reallocation of spectrum usage is adequately compensated in accordance with national law. Some Member States have already asked for guidance on cost compensation compatibility with EU State aid law (i.e. in the RSPG Opinion). On the basis on their national law, Member States may consider the adoption of appropriate, necessary, proportionate and technologically neutral cost compensation measures to mitigate the impact on consumers (households), PMSE users as well as to ensure the continuity of broadcasting services. When considering such measures, in particular for broadcasters with running DTT licenses, Member States must comply with the principle of technological neutrality and take into account the relevant decision practice of the Commission in the area of State aid as well as the related case law of the EU Courts. In some instances, measures adopted to compensate for the withdrawal of rights, where such compensation does not exceed the prejudice generated by the withdrawal, could be in certain circumstances consistent with Union State aid law. The scope of the legal approach would be different for the 700MHz and sub-700MHz bands. The EU strategy for UHF band should therefore comprise four major elements: I.harmonised technical conditions for WBB in the 694-790 ('700') MHz band via a Commission Implementing Decision. This Implementing Decision will contain the channelling arrangements for 2x30 MHz of spectrum for wireless broadband (global alignment for economies of scale), guard bands for protect services in neighbouring frequency bands, and four options for using the so-called centre gap (25 MHz) for either PMSE, supplemental WBB downlink, Public Protection and Disaster Relief or Machine to Machine Communications, depending on national demand. Any of these services would contribute to achieving a priority mentioned in the RSPP. In addition, a Decision of the European Parliament and the Council will II.establish a binding, common deadline to ensure the assignment and effective use of 700MHz for WBB services across the Union as well as measures for coordinating this transition while promoting coverage obligations; III.introduce a flexible approach whereby Member States can choose a shared use of the sub-700MHz band for TV broadcasting and WBB services (downlink-only) according to national circumstances, provided there is no interference with DTT-using Member States and priority is given to audiovisual services distribution; IV.mandate an evaluation of the proposed UHF legal measure no later than 1 January 2025 that will enable the Commission and Member States to re-assess developments and adjust the EU strategy, if necessary. This solution would give legal certainty for providers of audiovisual services to mass audiences while enabling co-existence of wireless broadband technologies (downlink-only) where possible. Option Effectiveness versus objectives (- negative; 0 neutral; +positive) Efficiency (million €) Stakeholders' views (- negative; 0 neutral; +positive) Coherence (- negative; 0 neutral; +positive) Option 1 - Base line; no EU action (-) No additional spectrum band harmonised at EU-level to meet mobile traffic demand Does not contribute to DAE broadband targets and DSM connectivity objectives Increased UHF band fragmentation : potential interference between WBB and DTT and lack of economies of scale Does not facilitate market transformation towards more efficient technologies 0 (-) Vast majority of respondents to Lamy Report Public Consultation support a coordinated approach to repurpose the 700 MHz Member States support a coordinated approach to repurpose the 700 MHz (-) Will not help to fulfil RSPP Art. 9 goal to 'identify 1200 MHz of spectrum for wireless broadband by 2020'. Will not fulfil DAE target 30 Mbps broadband coverage by 2020 Option 2 – Coordinated repurpose of the 700 MHz band for WBB and reservation of the sub-700 for DTT and audio PMSE (+) 700MHz Additional EU harmonised spectrum to meet mobile traffic demand by 2020 Contributes to DAE broadband targets and DSM connectivity objectives Reduces fragmentation of UHF band use and prevents WBB and DTT interference Facilitates market transformation towards more efficient technologies Reduced availability of 'white spaces' for audio PMSE use Mobile 11400 Broadcasters: -659 (HEVC) -888 (MPEG4) PMSE -200 Consumer equipment: -616 (MPEG4) -1602 (HEVC) TOT: 8939 (HEVC) 9696 (MPEG4) (+) 700MHz Vast majority of respondents support a coordinated approach to repurpose the 700 MHz band but with no consensus on a single date (see Annex 10.2.3). Some national broadcasters prefer to leave the timeframe to national discretion. Member States support a coordinated approach to repurpose the 700 MHz band as reported in RSPG Opinion and RSC. (+) 700MHz Will contribute to RSPP Art. 9 'identify 1200 MHz of spectrum for wireless broadband by 2020'. Will fulfil DAE target of 30 Mbps broadband coverage by 2020 Decision 2014/641/EU guaranteed a baseline of available spectrum for audio PMSE equipment (0) sub-700MHz Prevents Member States from using the sub-700MHz for uses other than DTT and audio PMSE Safeguards and sustains current audiovisual model (0) sub-700MHz Supported by broadcasters and content production industries in the Lamy Report public consultation Rejected by mobile network operators in the Lamy Report Public Consultation (-) sub-700MHz Will prevent some MS from starting to introduce innovative wireless services Option 3 – Coordinated release of the 700 MHz band and coordinated designation of the sub-700 for flexible use for audiovisual and WBB services (+) 700MHz Additional spectrum band harmonised at EU-level to meet mobile traffic demand Contributes to DAE broadband targets and DSM connectivity objectives Reduces fragmentation of UHF band use and prevents interference between WBB and DTT Facilitate market transformation towards more efficient technologies Reduced availability of 'white spaces' for audio PMSE use Mobile 11400 Broadcasters: -659 (HEVC) -888 (MPEG4) PMSE -200 Consumer equipment: -616 (MPEG4) -1602 (HEVC) TOT: 8939 (HEVC) 9696 (MPEG4) (+) 700MHz Vast majority of respondents support a coordinated approach to repurpose the 700 MHz with no consensus on a single date (see Annex 10.2.3). Member States support a coordinated approach to repurpose the 700 MHz as reported in RSPG Opinion and RSC. (+) 700MHz Will contribute to RSPP Art. 9 'identify 1200 MHz of spectrum for wireless broadband by 2020'. Will fulfil DAE target 30 Mbps broadband coverage by 2020 Decision 2014/641/EU guaranteed a baseline of available spectrum for audio PMSE equipment (+) sub-700MHz Allows Member States to choose whether to use the sub-700MHz for uses other than DTT and audio PMSE Safeguards and sustains current audiovisual model, including neighbouring countries' DTT Value of supplemental downlink capacity (+) sub-700MHz The flexible use of the sub-700MHz is subject to diverging opinions of respondents The flexible approach is envisaged in the Lamy Report and supported by mobile and broadcasting vendors, other stakeholders remain cautious until it is more clearly defined Member States support the flexible use of the sub-700MHz (RSPG Opinion) (+) sub-700MHz Proportional measure that accommodates the different current situations in Member States Coherent with EU Audiovisual Media Services Directive Option 4 – Coordinated repurpose of the UHF band (700 MHz band and sub-700) for WBB (+) 700MHz Additional spectrum band harmonised at EU-level to meet mobile traffic demand Contributes to DAE broadband targets and DSM connectivity objectives Reduces fragmentation of UHF band use and prevents interference between WBB and DTT Facilitate market transformation towards more efficient technologies Reduced availability of 'white spaces' for audio PMSE use Mobile 11400 (+) 700MHz Vast majority of respondents support a coordinated approach to repurpose the 700 MHz Member States support a coordinated approach to repurpose the 700 MHz band. (+) 700MHz Will contribute to RSPP Art. 9 goal to 'identify 1200 MHz of spectrum for wireless broadband by 2020'. Will fulfil DAE target 30 Mbps broadband coverage by 2020 Decision 2014/641/EU guaranteed a baseline of available spectrum for audio PMSE equipment (0) sub-700MHz Further EU harmonised spectrum to meet mobile traffic demand by 2020 Does not safeguard and sustain current audiovisual model Reduced availability of 'white spaces' for audio PMSE use Additional value to mobile operators PMSE -667 Broadcast distribution: 0 Consumer equipment: -9000 Reduced return on broadcast infrastructure End of DTT sector (0) sub-700MHz Supported by mobile network operators Rejected by broadcasters and content production industries Option discarded by the Member States (RSPG Opinion) (0) sub-700MHz Overachieves RSPP objective of 1200 MHz Does not safeguard and sustain current audiovisual model Decision 2014/641/EU guaranteed a baseline of available spectrum for audio PMSE equipment 8.Monitoring and evaluation

From the experience of a similar initiative, i.e. the release of the 800 MHz band, the Commission has identified some aspects that can be improved: a longer deadline, intermediate milestones and a better degree of assurance as to what will happen with the rest of the UHF band. The Commission has identified the following milestones that need to be reached to ensure a coordinated release of the 700 MHz band. These measures should provide an additional EU route that will facilitate MS to meet the final transition deadline: Adopt a national transition plan no later than mid-2017 to promote a timely and synchronised time window for700MHz band release Finish cross-border frequency coordination agreements within the Union as well as with non-Union countries no later than December 2017 Allow the effective use of the 700MHz band (694-790MHz) for electronic communications services by 30 June 2020 Establish regulatory certainty and flexibility in spectrum use of the sub-700 MHz band to match Member State diversity in DTT penetration Evaluation to assess market developments regarding the usage of the sub-700MHz band (470-694MHz) no later than 2025 and adapt the regulatory framework as appropriate. The table below outlines the indicators of progress that will be monitored by the Commission Services to evaluate whether the objectives of this initiative are being met. The indicators will be monitored through various sources including the Commission's missions in Member States and permanent dialogues with National Authorities. Policy objective Monitoring indicators Avoid interference between WBB and DTT via a coordinated release of the 700MHz band for WBB Number of Member States that have adopted and communicated a transition roadmap by 30 June 2017 Number of Member States that have concluded their cross-border frequency coordination agreements by 31 December 2017 Number of compliant national transition roadmaps which must, if relevant, include: i) national frequency planning; ii) follow-up on the authorization of DTT licenses; iii) measures to facilitate the timely availability of interoperable television broadcasting network equipment and receivers iv) any national compensation measures Promote DSM connectivity/coverage through wider use of sub-1 GHz spectrum Number of 700MHz licenses to be issued nationally to mobile operators that include coverage obligations Secure the public interest and consumer benefits on the UHF band while facilitating market transformation Number of sub-700MHz licenses issued to provide wireless broadband services that follow the technical parameters needed to protect DTT in cross-border territories. RSPG focus discussions on the technological progress of video technologies, audio PMSE Strategy that will reserve core assets (spectrum bands) in the UHF and steer the debate to prepare the market review in 2025 European Commission, in cooperation with Member States, will report to Council and the Parliament on the usage of the sub-700MHz band in the Union Option 2 and the preferred Option 3 include an evaluation no later than 1 January 2025, This will allow a reappraisal of the benefits of further policy adjustments in the sub-700MHz band if market and technological developments warrant. The 2025 evaluation will help the Commission to assess the performance of the EU intervention and whether it delivers, at a minimum cost, the desired EU goals described in section 4. This evaluation will provide a key opportunity to engaged stakeholders to continue providing feedback on EU interventions and an independent judgment of the situation based on the evidence available. According to stakeholders that participated to the Lamy Report public consultation, the scope of the evaluation should include at least: I.consumption trends and patterns of audiovisual content; II.technology and market developments including platform competition and efficiency, growth and demand for WBB; III.regulatory requirements to guarantee access to critical resources and public service needs including coverage obligations.



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