WRITTEN QUESTION P-2986/97 by W.G. van Velzen (PPE) to the Commission (15 September 1997)

Subject: Situation on the Netherlands market for mobile telecommunications

The Netherlands government intends, in the near future, to allocate new frequencies for mobile telephony (DCS-1800) via an auction. The government's plans include a 'national roaming' obligation, imposing a retrospective levy on existing mobile operators, excluding existing mobile operators from using the 1800 MHz band and separate auctions for the frequency ranges available. These plans have caused considerable concern amongst existing GSM operators and have led to substantial delays, with one major candidate for DCS-1800 dropping out. This procedure is having a disruptive effect on the development of the telecommunications market.

1. Does the Commission feel that an auction is compatible with the directive on authorization (97/13/EC) ((OJ L 117, 7.5.1997, p. 15. )) and, if so, under what conditions?

2. Is not the proposed exclusion from the first auction and/or the proposed ban on using DCS-1800 frequencies for a period of three years for both, or one, of the current GSM operators an infringement of Article 1 (amending the full competition directive, 90/388/EEC ((OJ L 192, 24.7.1990, p. 10. ))) and/or Article 2 of the mobile services directive (96/2/EC ((OJ L 20, 26.1.1996, p. 59. ))), or Article 86 in conjunction with Article 90 of the EC Treaty?

3. Is the current intention of the Netherlands government to impose a levy retrospectively an infringement of the non-discrimination or transparency requirements of the authorization directive in conjunction with Article 5 of the EC Treaty, the mobile services directive or Article 86 in conjunction with Article 90 of the EC Treaty, because at the time when they were granted authorization the current GSM operators could not have been aware of the present plans of the Netherlands government?

4. Does the Commission agree that the Netherlands government is creating an artificial shortage by auctioning the available frequencies individually, and that the Netherlands government should therefore be obliged to allocate the available frequencies all together?

5. Does the Commission take the view that the Netherlands government runs the risk, because of the delaying effect of its plans, of not complying with the requirements of Article 2(1) of the mobile services directive?

Answer given by Mr Van Miert on behalf of the Commission (1 October 1997)

The Commission is dealing with two complaints regarding the proposals of the Dutch government to issue new frequencies for mobile telephony communications (DCS-1800) to which the Honourable Member refers in his question.

The complaints, which were lodged by Libertel, a provider of global systems for mobile communications (GSM) services in the Netherlands next to PTT Telecom, and Enertel, a candidate for the new DCS-1800 licence, cover all the specific issues on which the Commission's position is asked.

In view of the fact that the procedure in connection with these complaints is still pending and the Commission has not yet established a definitive position with respect to the proposed Dutch licensing scheme, it is not possible to answer the Honourable Member's questions without damaging the procedural rights of the parties involved, including the Dutch state.