WRITTEN QUESTION E-0497/01

by Elly Plooij-van Gorsel (ELDR) to the Commission

(22 February 2001)

Subject: Efficient management of the radio spectrum

Article 82f of the Netherlands media law prohibits commercial radio broadcasters from participating at the same time in more than one commercial frequency package. This ban recently attracted a great deal of publicity, as in principle it means that two associated radio stations cannot both be eligible to be assigned a frequency in the auction of terrestrial frequencies to be held in the Netherlands in the summer of 2001. There was consequently a danger that the popular commercial broadcaster Classic FM, which has around one and a half million listeners, would disappear from the Dutch airwaves, as it belongs to Sky Radio, which is also to take part in the auction of terrestrial frequencies. As the imposition of such a ban was not in accordance with the opinion of the Netherlands Competition Authority or of a majority in the Lower House, which saw no objection to participation by the two stations, the government decided to allow both Classic FM and Sky Radio to take part.

1. Does the Commission take the view that Article 82f of the Netherlands media law is in accordance with European telecommunications legislation, and in particular with the provisions on the management of radio spectrum policy in the directive on the authorisation of electronic communications networks and services, and the forthcoming changes to this directive?

2. Does the Commission agree that the goal of an auction is to ensure that scarce resources are allocated efficiently, and does it agree that the ban preventing two associated radio stations from both being eligible for FM terrestrial frequencies provides no guarantee that the scarce space will actually be utilised efficiently?

Answer given by Mr Liikanen on behalf of the Commission

(11 April 2001)

1. Directive 97/13/EC of the Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (the Licensing Directive) concerns the procedures for granting general authorisations and individual licences.

The title of the Directive already indicates that the radio broadcasting services referred to by the Honourable Member are not included in the scope of the Directive, because they are not considered to be telecommunications services. Article 1(1) of the Directive confirms this.

The future regulatory framework, as proposed by the Commission in July 2000, is intended to cover all transmission networks for electronic communications including networks and services for the transmission of radio or television broadcasts. However, the proposed framework does not cover the provision of content services, including broadcast content. In any case, the Commission proposal is currently under negotiation in the Parliament and the Council and an assessment of the provisions referred to by the Honourable Member would have to wait until a final text for all relevant Directives has been adopted.

2. It is the Commission's understanding that the restriction of granting only one licence per radio broadcaster, as laid down in Article 82f of the Dutch Media Law, may serve a specific purpose, for instance to ensure media pluralism.

However, the provision itself provides for a derogation under paragraph 3 in order to take into account the efficient use of radio frequencies. The Dutch Media Law thus allows the Dutch authorities to act on the basis of the criterion of an efficient use of radio frequencies and grant more than one frequency to a radio broadcaster.