WRITTEN QUESTION No. 2986/97 by W.G. van VELZEN to the Commission. Situation on the Netherlands market for mobile telecommunications
Date: 1997-09-15
Institutions: European Parliament, VAN VELZEN W G
Subjects: Netherlands, award of contract, competition, complaint to the Commission, radio telecommunications, right of establishment, trade licence, waveband

3. 4. 98

EN

Official Journal of the European Communities

C 102/159

(98/C 102/238)

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(cid:146)s  plans  include  a  (cid:145)national  roaming(cid:146)  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.

Does the Commission feel that an auction is compatible with the directive on authorization (97/13/EC) (1)

1.
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 (2))  and/or  Article  2  of  the  mobile  services  directive
(96/2/EC (3)), 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?

Does the Commission take the view that the Netherlands government runs the risk, because of the delaying

5.
effect of its plans, of not complying with the requirements of Article 2(1) of the mobile services directive?

(1)  OJ L 117, 7.5.1997, p. 15.
(2)  OJ L 192, 24.7.1990, p. 10.
(3)  OJ L 20, 26.1.1996, p. 59.

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(cid:146)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(cid:146)s questions without damaging the procedural rights of the parties
involved, including the Dutch state.