WRITTEN QUESTION E-1638/98

by Amedeo Amadeo (NI) to the Commission

(29 May 1998)

Subject: Mobile and wireless communications

I would refer to (a) the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the further development of mobile and wireless communications - Challenges and choices for the European Union (COM(97) 217 final) and (b) the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions; Strategy and policy orientations with regard to the further development of mobile and wireless communications (UMTS) - Outcome of the public consultation and proposals for creating a favourable environment (COM(97) 513 final).

As regards licences, measures taken in this connection must take into account the industry's expectations that the first UMTS services will come into operation around 2002 and that the system will be available world-wide around 2005. In order to comply with these dates, can the Commission lay down a Community reference framework ensuring that the national authorities and those responsible for adopting the regulations issue licences by means of an objective, transparent and non-discriminatory procedure and well in advance, that is, from the end of 1998 onwards?

Joint answer

to Written Questions E-1634/98, E-1635/98, E-1636/98, E-1637/98 and E-1638/98 given by Mr Bangemann on behalf of the Commission

(2 July 1998)

With the "Communication from the Commission to the Parliament, the Council, the Economic and social committee and the Committee of regions on the further development of mobile and wireless communications - Challenges and choices for the European Union", the Commission consulted the sector at large and the Member States on the five key questions which the Honourable Member raises. The answers given by industry and other interested parties, and the regulatory conclusions drawn by the Commission are given in the "Communication from the Commission to the Parliament, the Council, the Economic and social committee and the Committee of regions on the further development of mobile and wireless communications - outcome of the public consultation and proposals for creating a favourable environment".

The Commission proposal for a decision of the Parliament and of the Council on the coordinated introduction of mobile and wireless communications (UMTS) in the Community(1) aims to put in place an appropriate regulatory framework for frequency allocation. In its Article 5, it foresees a procedural mechanism which builds on the work of the European radio communications committee (ERC) to work out a harmonised usage of spectrum for UMTS. In case the ERC decisions were not adopted by Member States in full and in time, binding Community decisions on spectrum could be used to ensure a harmonised availability and usage of spectrum throughout the Community.

The UMTS proposal refers in its Article 6 to the standards developed or adopted by the European telecommunications standardisation institute (ETSI) for UMTS. The Commission will ensure that industrial property rights are used in compliance with the Community law and in particular the competition rules.

The Commission has given with the proposed UMTS Decision, in particular through its Article 3, the necessary clarification to the regulatory environment for UMTS which is essentially based on existing legislation notably the licensing Directive 97/13/EC of the Parliament and of the Council of 10 April 1997 on a common framework for general authorizations and individual licences in the field of telecommunications services(2) and legislation relating to competition. As for dates, the Commission has endorsed the view put forward notably by the UMTS Forum that UMTS service provision should start by 2002 at the latest. In order to give the necessary confidence to the sector at an early stage and to allow for enough time for preparation, the Commission proposal provides for the regulatory regimes of the Member States to be put in place by 2000.

(1) COM(98) 58.

(2) OJ L 117, 7.5.1997.