Communication from the Commission to the European Parliament and the Council - Radio frequency requirements for Community policies in the context of the World Radiocommunications Conference 1999 (WRC-99)
Date: 1998-05-13
Institutions: European Commission
Subjects: International Telecommunication Union, international conference, new technology, telecommunications, waveband

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.05.1998 
COM(1998)298 final 

COMMUNICATION FROM THE COMMISSION 
TO THË EUROPEAN PARLIAMENT AND THE COUNCIL 

Radio frequency requirements for Community policies in the context of 

THE WORLD RADIOCOMMUNICATIONS CONFERENCE 1999 

(WRC-99) 

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TABLE OF CONTENT 

SUMMARY 

1. 

INTRODUCTION 

2.  W O R LD  RADIOCOMMUNICATIONS  CONFERENCES AND EUROPE 

2.1  The changing context of WRC negotiations 

2.2  Results of WRC-97 

2.3  Assessment of the European position at WRC-97 

3.  WRC-99  IN THE CONTEXT OF RELEVANT COMMUNITY POLICIES 

3.1  Terrestrial mobile communications/UMTS 

3.2  Satellite services, including broadcasting 

3.3  Aeronautical and satellite-radionavigation  services/GNSS 

3.4  Earth observation 

1 

2 

2 

5 

6 

7 

8 

9 

10 

11 

4. 

PREPARATIONS FOR WRC-99  IN THE COMMUNITY CONTEXT 

12 

4.1  Compliance of European positions for WRC-99 with 

relevant Community  policies 

4.2  Appropriate  balancing of radiocommunications  interests 

4.3  Approximation  of positions with third countries and regions 

4.4  Appropriate  representation of Community  interests at WRC-99 

5. 

CONCLUSION 

ANNEX 

Glossary 

12 

13 

13 

14 

15 

\a. 

SUMMARY 

A  vast  array  of  radiocommunications  techniques  and  services  has  become 
vital  to  the  European  economy,  its  consumers,  and  the safety  of people.  They 
provide  essential  links  in  public  and  private  telecommunications  networks;  they 
assure  the  efficiency  and  safety  of  maritime,  aeronautical,  and  land  transportation; 
they  provide  the  information  and entertainment  services of  broadcasting; they  enable 
weather  forecast;  they  help  to  fight  pollution  and  to  perform  many  other  functions 
in 
needed  by  modern  society.  These  radiocommunications  services  have 
common  that they compete for the use of the scarce radio spectrum  resource. 

Decisions  as  to  which  types  of  services  may  make  use  of  which  frequencies,  and 
under  what  conditions,  are  taken  at  World  Radiocommunications  Conferences 
(WRCs)  which  are  organised  under 
International 
Telecommunication  Union  (ITU),  and  where  al!  15  Member  States  of  the  European 
Union  participate.  The  last  WRC  was  held  in  1997  and  made  important  decisions  on 
mobile  and  satellite  communications,  broadcasting,  and  satellite  radionavigation  and 
aeronautical services. The next WRC will be held in 1999. 

the  auspices  of 

the 

The  context  for  WRCs  has  changed  considerably  from  being  a  primarily 
technical  matter,  to  one  where  economic  and  political  forces,  driven  by 
liberalisation,  competition,  globalisation,  and  technological  innovation  in  the 
communications  and  information  sectors,  have  become  decisive  for  the 
frequency  allocation  decisions  to be  taken. Although WRCs  allocate  certain parts 
of  the  spectrum  for  the  provision  of  specific  services  and  do  not  decide  which 
companies  may  use  which  frequencies,  the  strong  lobby  power  of  consortia  and 
interest  groups,  backed  by  their  administrations,  has  led  to  the  impression  that 
individual  interests  at  WRCs  partition  the  frequency  spectrum  along  commercial 
interests.  In  addition  to  the  increased  impact  of  economic  forces,  the  technical 
complexity  of  the  subject  matters  as  well  as  the  potential  implications  of  frequency 
allocation  decisions  on  the  global  market  structure  have  resulted  in  the  situation 
where  WRCs  make  provisional  decisions,  pending  further  clarification  on  the 
technical  implications  and  subject  to  further  national  and  regional  consultations  with 
all interested  parties with the aim to arrive at a political endorsement  of the  objectives 
to be achieved and positions to be taken. 

for  such  policies  differ,  however, 

At  Community  level,  the  implementation  of  a  number  of  common  policies 
depends  on  the  availability  of  radio  spectrum,  such  as  in  the  case  of  mobile 
and  satellite  communications,  broadcasting,  aeronautical  and  satellite 
radionavigation  services,  and  Earth  observation.  The  political  decision-making 
context 
the 
completion  of  the  Internal  Market,  international  co-operation  and  market  access 
issues,  RTD  policy  objectives.  As  a  consequence,  frequency  implications  of  the 
mentioned  Community  policies  are  addressed  separately  at the  operational  level  and 
not  as  part  of  a coherent  European  long-term  strategic  spectrum  plan  agreed  at  the 
political level. In the absence  of political priorities  with respect  to the  availability 
of  spectrum  for  the  implementation  of  Community  policies,  technical  experts 
themselves  need  to balance  commercial  and  public  interests  in  the  allocation 
of radio  frequencies. 

instance  when  considering 

for 

The  development  and  negotiation  of  European  positions  for  WRCs  is  done  by  the 
Member  States  at  the  national  level  and  in  the  framework  of  the  CEPT  (European 

*\> 

Conference  of  Postal  and Telecommunications  administrations).  CEPT comprises  43 
frequency 
European  countries  and  therefore  potentially 
the  harmonisation 
allocations  beyond 
measures  are  appropriately 
ITU/WRC 
member  country  has  one  vote,  agreement  at  CEPT  level  would  create  strong 
bargaining  and voting power for  Europe vis-à-vis third regions and countries. 

implemented.  Furthermore,  since  each 

the  Community  borders,  provided 

to  harmonised 

leads 

that 

Member  States  do  not  support  a  role  of  the  Community  in  terms  of  developing 
common  Community  positions  or negotiating  at WRCs  on their  behalf. In  view of the 
evolution  of the WRC context,  however,  there is a growing  need  to support  the 
WRC positions  in the  wider political  context,  taking into account  that  diverging 
views among  WRC negotiating  parties  as regards  frequency harmonisation  are 
normally  based  on a  diverging  political  appreciation  for  radiocommunications 
systems  of commercial  and general  interest. This  becomes  evident,  for instance, 
in  case  Europe  requests  further  frequencies  for  the  development  of  third  generation 
mobile  communications  (UMTS)  which  other  countries  may  oppose  due  to  the 
national  focus  on  satellite  communications  (e.g.  US)  or  due  to  difficulties  with  the 
phasing  out  or  relocation  of  existing  systems  (e.g.  developing  countries).  Spectrum 
for  aeronautical  and  radionavigation  services  may  be  needed  to  satisfy  demand  for 
both commercial  and public  interest  applications, depending  on national requirements 
and  priorities,  and taking  into  account  claims  for  the  same  spectrum  by  commercial 
mobile  satellite  operators.  The  effectiveness  of  politically  backing  up  the 
technical positions  worked out is therefore essential  to achieve good results  at 
technical  and  political  representation  of 
WRC  and 
Community 
trading  partners.  The 
in  contacts  with  the  main 
Community,  as represented  by the  Commission,  could  be instrumental  in this  regard, 
provided  the  Member  States  themselves  politically  support  the  WRC  positions 
worked out. 

for  an  appropriate 
interests 

The  co-ordination  of  positions  of  the  Member  States  in  CEPT for  the  WRCs  in  1995 
and  1997 generally  led to  results which  allow  for the further  development  of  Europe's 
radiocommunications  market.  For WRC-97, the 43 CEPT countries  signed  about  300 
so-called  European  Common  Proposals  (ECPs)  for  the  50  agenda  items  to  be  dealt 
with,  most  of  which  were  adopted  by  the  conference.  However,  notwithstanding  the 
overall  satisfactory  adherence  of  the  European  countries  to  the  common  European 
positions presented at WRC-97, very controversial  issues could not be settled  on 
the basis  of technical positions  only, as was the case for instance  with  respect 
to  satellite  broadband  services  and  aeronautical  and  satellite-radionavigation 
services.  Due  to  the  complexity  of  these  issues  in  economic  and  strategic  terms, 
some  Member  States  had  either  not  signed  the  relevant  ECP  or  were  instructed  by 
their  capitals  to  withdrew  their  support  during  the  negotiations  themselves. In  the 
absence  of a priori  instructions  from political  instances  as  to  the objectives  to 
be  achieved  at  the  technical  level,  Europe's  negotiating  position  may  be 
seriously  undermined. 

The  forthcoming  WRC-99  will;once  more  deal  with  frequency  requirements  for  the 
implementation  of  Community  policies  on  satellite  and  mobile  communications, 
radionavigation  services,  and  Earth 
broadcasting,  aeronautical  and  satellite 
observation.  The  Community  policy 
for  satellite  and  mobile 
communications,  which  includes  close  consultation  of  and  co-ordination  with  industry 
and  representative  organisations,  allows for  a rather  precise translation  of  respective 
Community  policies  into frequency  requirements  to be negotiated  at WRCs.  However, 
in  case  of  the  other  mentioned  Community  policies,  such  consultation  and  co-

framework 

Ac 

is  not  always  apparent  and  may  result  in  a  situation  where 
ordination 
commercial  telecommunications  interests have a stronger  competitive  position 
in obtaining  frequencies. 

In  accordance  with  the  Council  Conclusions  on  22  September  1997,  which  were 
adopted  on the  basis of the Commission  Communication  to the  European  Parliament 
and  the  Council  on the  WRC-97,  the  European  Commission  will  be  involved  in 
the WRC-99  process  in pursuance  of the following objectives: 

1.  Ensure  compliance  of  the  European  positions  for  WRC  with  relevant 

Community  policies  prior to and at the  conference 

2.  Encourage  European  industry to propose  radiocommunications  initiatives  and 
involve 
the 
industry  and  other  relevant  actors  and  organisations 
development  of  European  positions  on,  inter  alia,  mobile  and  satellite 
communications,  broadcasting,  aeronautical  services,  radio  navigation,  and 
Earth  observation 

in 

3.  Maintain  and  establish  contacts  with  third  countries  and  regions  in  order  to 
promote  European  objectives  and to achieve  a certain  level of  approximation 
of proposals  before the start of the  conference 

^ 4.  Strengthen  the  negotiating  position  of  Europe  at  WRC  and  achieve  results 

which are to the benefit of the European economy  and its citizens 

It is necessary,  however,  to address these objectives  in a general  review of  spectrum 
policy  in the  Community  where  frequency  requirements  for  Community  policies 
are  addressed  as  part  of  a  coherent  European  long-term  strategic  spectrum 
plan  which  appropriately  balances  commercial  and  general  interests,  which  is 
based  on  wide  consultations  with  all  interested  parties,  which  is  endorsed  at 
political  level  and  which  allows  for  the  production  of  European  positions  for 
WRCs.  The  Commission  intends  to  carry  out  a  wide  consultation  with  all  parties 
involved to address this  matter  and to report to the  European  Parliament  and  Council 
about  the  efficiency  of  the  current  arrangements  for  spectrum  policy  in  Europe  and 
the  possible  need  for  Community  initiatives  in  this  area,  including  as  regards 
Community  representation at WRC. 

This Communication  has been prepared in order to: 

• 

initiate  a  political  discussion  in  the  European  Parliament  and  Council  on  the 
Community  interests  at  stake  at  WRCs,  with  particular  regard  to  WRC-99  in 
the  light  of the  results  of WRC-97,  and to  ensure  appropriate  involvement  of 
all interested  parties  in the preparatory  process; 

•  provide 

information  on  relevant  Community  policies  which  depend  on 
frequency  availability,  with  which  WRC  decisions  should  comply,  and  which 
therefore  should  be  taken  into  account  in  the  elaboration  of  positions  for 
WRC-99; 

•  explain the role of the Community  and the European Commission  in the WRC 

process; and 

•  point to the need to address WRC issues  at the political level in the context  of 

a long-term strategic spectrum  plan to be established 

A X 

1. 

INTRODUCTION 

A vast array  of radiocommunications  techniques  and services  has become vital to the 
European  economy  and  safety  of  people  and  given  the  increasing  dependence  of 
society  on  the  provision  of  information  and  communication  by  wireless  means, 
spectrum  matters  are  becoming  critical from  an economic,  political,  consumer, 
and public welfare  point of view. 

The planning  of the usage of radio spectrum  by services  (such as mobile and  satellite 
telephony  and  broadcasting)  at  a  national,  Community  and  global  level  depends  on 
the decisions taken at World  Radiocommunications  Conferences  (WRCs).1 At WRCs, 
the  186  member  countries  of  the  International  Telecommunication  Union  (ITU), 
including  the  15  Member  States  of  the  European  Union  (EU),  decide  whether,  how 
and  under  what  conditions 
for  existing  and  planned 
frequency  requirements 
radiocommunications  systems can be accommodated.2 

innovation 

terms.  The 

in  the  communications  and 

In view  of the ever  increasing trends towards globalisation, liberalisation, competition, 
and  technological 
information  sectors, 
negotiations  on spectrum  requirements  in the  context  of WRCs  gain  in  importance  in 
commercial  and  political 
liberalisation  of 
telecommunications  services  and  infrastructure  from  January  1998  is  widening  the 
choice  of  services.  At  the  same  time,  however,  demand  for  spectrum  is  increasing 
and  political  choices  need  to  be  made  as  to  the  fair  and  equal  distribution  of 
this  scarce  resource  among  competing  interests.  In  addition,  frequencies  and 
orbital  slots  are  limited  resources  whose  allocation  and  use  may,  in  some  cases, 
need to  be considered  under competition  rules.  In the  race towards the  establishment 
of  the  Information  Society,  access  to  and  use  of  globally  harmonised  frequency 
bands can therefore  present  a key competitive  advantage. 

introduction  of 

full 

Decisions  taken  at  previous  WRCs  enabled  for  instance  the  development  of  mobile 
telephony  (GSM),  satellite  telephony  (S-PCS),  and  direct-to-home  television.  Most 
recently,  the  WRC-97  opened  up  spectrum  for  the  provision  of  satellite  broadband 
multi-media  services.  The  forthcoming  WRC  in  1999  will  take  further  decisions 
on  spectrum  requirements  for  the  mass-market  communications  systems  of 
the  21st Century.  Such  systems, e.g. satellite  broadband  (as  proposed  by  Teledesic 
and  SkyBridge  for  example)  and  terrestrial  mobile  broadband  (UMTS  -  Universal 
Mobile  Telecommunications  System),  will  be  the  building  blocks  of  the  emerging 
Information  Society.  In  addition  to  the  spectrum  requirements  of  such  global,  mass-
market  services,  WRC-99  will  also  address  the  spectrum  requirements  of 
services which are not directly  linked to commercial  interests  but are  important 
for  political, cultural, consumer  protection, safety,  socio-economic  or  strategic 
reasons,  such  as  radionavigation-satellite,  aeronautical  mobile,  and  maritime 
mobile services, and Earth observation. 

See ANNEX  1 for a Glossary. 

Detailed  background  information  on  spectrum  management  and  WRCs  can  be  found  in  the  Communication 
from  the  Commission  to  the  European  Parliament  and  the  Council  on  the  World  Radiocommunications 
Conference  1997  (WRC-97),  COM(97)304  final,  18.06.97.  It  should  be  underlined  that  WRCs  decide  upon  the 
availability  of  spectrum  for  the  provision  of  services  and  not  on  whom  is  allowed  to  use  the  spectrum  made 
available; this  remains a matter for national decision. 

1.£ 

As a common  procedure, the previous  radio conference  in 1997 (WRC-97)  adopted a 
Resolution  on  the  agenda  for  the  forthcoming  conference  in  1999  (WRC-99).3  It 
comprises  over  40  separate  issues  and  includes  issues  of  particular  relevance  in  a 
Community  context,  such  as  terrestrial  mobile  communications,  radionavigation-
satellite, aeronautical  mobile, and maritime  mobile services, mobile  satellite  and fixed 
satellite services, broadcasting, and Earth observation. 

This  Communication  follows-up  on  the  Council  Conclusions  which  were  adopted-on 
22  September  1997  on  the  basis  of  the  Commission  Communication  on  the  World 
Radiocommunications  Conference  1997  of  18  June  1997.4  These  Council 
Conclusions  invite the Commission to ensure that Community  interests  are taken  into 
account  in the  production  of  European  positions  for WRCs, to carry  out  consultations 
with  interested  parties  with  the  aim  to  identify  frequency  requirements  for  agreed 
Community  policies  and  industrial  needs,  and  to  participate  in  bilateral  contacts  with 
third countries  and regions with the aim to assess the respective  positions  prior to the 
conference. 

This  Communication  outlines  the  context  for  WRCs  and  assesses  the  results  of 
WRC-97  from  a  Community  point  of  view.  Furthermore,  it  identifies  issues  at  the 
agenda of WRC-99 which are of particular  relevance  in a Community  context.  Finally, 
the  Communication  elaborates  on the  preparatory  process  initiated  in  view  of  WRC-
99  with  particular  emphasis  on  the  activities  the  European  Commission  intends  to 
carry out in this context. 

The  overall  objective  of  the  present  Communication  and  Community  action 
with  regard  to WRCs  and WRC-99  particularly  is to  ensure  that WRC  decisions 
comply  with  relevant  Community  policies  and  that  the  positions  to  be  worked 
out for  WRCs  appropriately  balance  commercial  and  general  interests  and  are 
endorsed  by political  instances. 

2. 

W O R LD  R A D I O C O M M U N I C A T I O NS  C O N F E R E N C ES  A ND  E U R O PE 

2.1 

The changing context of WRC  negotiations 

The  preparations  for  and  negotiations  at  WRCs  have  intensified  over  the  years  in 
terms  of  the  number  of  negotiating  issues,  the  period  needed  to  reach  agreement, 
and  the  level  of  resources  that  administrations  and  industry  dedicate  to  satisfy 
frequency  requirements  in  the  international  context.  At  the  WRC-97,  for  example, 
international 
about  1800  representatives  of  131 
organisations  needed 
four  weeks  of  around-the-clock  and  across-the  board 
negotiations  to  reach  agreement  on  a  large  number  of  issues.  Although  political 
instances  still  regard  WRC  negotiations  as  a  mainly  technical  matter,  experience 
demonstrates  that  the  commercial  and  political  influence  on  the  negotiations  can  be 
decisive. 

ITU  member  countries  and 

in  frequency  allocation  decisions 
The  introduction  of  economic  considerations 
becomes  more  apparent  and  is believed to contribute  to  a more  efficient  use of  radio 

Resolution  GTPLEN1-3  (WRC-97):  Agenda  for  the  1999  World  Radiocommunications  Conference,  ITU,  Final 
Acts of the WRC-97. Geneva, 1997. 

Council Conclusions on the Commission Communication on the WRC-97, September  1997. 

2 

frequencies.  In  fact,  certain  trends  can  be  observed  in  the  context  of  WRC 
negotiations  which  alter  the  former  technical  nature  of  WRCs  and  have 
resulted  in  increased  attention  to  commercial  and  political  considerations  in 
frequency  allocation decisions: 

•  Régionalisation  of positions 

In  order  to  gain  support  at  WRCs  for  national  positions,  countries  increasingly 
co-ordinate  and  negotiate  positions  for  WRCs  in  the  context  of  regional 
telecommunications  organisations,  such  as  CEPT  (Europe),  CITEL  (Americas), 
APT  (Asia-Pacific Telecommunity), Arab and African groupings.5 

• 

Involvement  of commercial  interests 

is  increasingly 

Industry 
in  the  WRC  process,  both  as  regards 
international  lobbying  and  marketing  prior  to,  and  at  conferences,  as  well  in 
terms  of  representation  in,  (and  even  financing  of)  national  delegations  to 
WRCs. 

involved 

•  WRC decisions enable technological  innovations 

Timely  WRC  decisions  on the  availability  of frequencies  are  required  in order  to 
facilitate  system  development  and  the  raising  of  capital  investments.  For 
example, even though  satellite  and mobile  broadband  systems  are  not  expected 
to  be  implemented  before  2002,  decisions  on  the  availability  of  spectrum  are 
required  now.  Debates  at  WRCs  on  frequency  requirements  for  new  radio 
systems  are  increasingly  based  on  technological  assumptions  and  projected 
market  forecasts  and  are  at  times  used  to  consolidate  technological  leadership 
of specific  players. 

•  WRC decisions and impact  on regulatory  policy 

WRC  decisions  have  implications for  regulatory  policy.  For example, the  amount 
of  spectrum  to  be  made  available  by  a  WRC  for  a  certain  type  of  service  has 
direct  consequences  on the  number  of  licenses  to  be issued for  the  provision  of 
that  type  of  service  at  national  and  international  level  and  therefore  impacts  on 
general  competition  considerations.  Preference  should  therefore  be  given  to 
solutions  enabling  the  highest  possible  number  of  licenses  to  be  issued  for  the 
concerned services. 

• 

Involvement  of political  instances 

The  extent  with  which  national  delegations  are  instructed  by  political  authorities 
to  achieve  satisfactory  results  on  particular  issues  is  increasing  and  political 
instances  occasionally  use  diplomatic  means  in  parallel  to  WRC  to  achieve 
support for national positions at WRCs. 

Although  WRCs  aim  to  reach  decisions  based  on  consensus  and  avoid  voting  on  issues,  the  knowledge  that 
Europe  has  up to 43 votes  is  an encouragement  for  other  regions  to  reach  a compromise  that will  be  satisfying 
for  Europe.  WRC-97  acknowledged  the  trend  towards  régionalisation  of  positions  and  adopted  Resolution 
PLEN-2/WRC-97  on  regional  preparations  for  World  Radio  Conferences.  ITU,  Final  Acts  of  the  WRC-97, 
Geneva  1997. 

•  Across-the-board  negotiations 

Due to the  large  number  of issues to  be considered  in the  limited time  available, 
the  conclusion  of  compromises  and  package  deals  between 
the  main 
negotiating  parties  and their industries  is common  practice  nowadays,  and this is 
not  only  done  on  the  basis  of  technical  considerations  but  also  comprises 
political and commercial  dimensions. 

•  Reconciling  interests of developed and developing  nations 

The  need for frequencies  for  innovative  radiocommunications  systems,  primarily 
developed  by  industrialised  countries,  may  seriously  impact  on  frequency 
availability  for  existing  systems,  and  this  is  particularly  affecting  developing 
countries. 

•  Relation  between national administrations  and commercial  interests 

The  increased  involvement  of  commercial  interests  in  the  WRC  process  may 
lead  to  conflicts  of  interests  between  national  administrations,  which  aim  to 
achieve  across-the-board  results,  and  individual  companies  and  (international) 
organisations  which  pursue  sector-specific  objectives.  Furthermore,  commercial 
interests  in  the  radiocommunications  sector  are  pursuing  global,  rather  than 
national solutions. 

•  The WRC process is a continuing process 

Due  to  the  importance  and  complexity  of  the  issues  to  be  considered,  many 
decisions  taken  at  WRCs  are  provisional  or  postponed  to  a  forthcoming 
conference.  This  may  hamper  technical  innovations  by  introducing  significant 
regulatory  delays,  but  allows,  however,  for  a  double-checking  with  political 
instances  at  home  before  firm  positions  and  decisions  can  be  taken.  The  WRC 
process  requires  a  continuous  involvement  and  considerable  resources  of 
administrations,  industry,  and political instances. 

Technological  developments,  the  liberalisation  of  telecommunications  markets,  and 
the  general  globalisation  of the world  economy  have  changed the way  in which  WRC 
decisions  on  the  allocation  of  radio  frequencies  are  reached.  Whereas  decisions  at 
WRCs  were  previously  mainly  negotiated  by  national  experts  acting  on  behalf  of  a 
limited  number  of  national  spectrum  users,  such  as 
the  military,  national 
broadcasters,  and  a  limited  telecommunications  community  composed  of  public 
telecommunications  operators,  WRC  negotiations  are  nowadays  heavily  influenced 
by  commercial  interests  of  a  large  range  of  economic  actors  operating  on  a  world 
wide scale and continuously  developing  new types  of services. 

The  working  out  of  European  positions  cannot  be  done  in  isolation  but  need  to  take 
into  account  the  political,  economic,  and  regulatory  situation  in  other  parts  of  the 
world. Whereas the terrestrial  mobile communications  market  in Europe  is  developing 
at  a  rapid  pace  and  therefore  additional  frequencies  are  needed,  other  parts  of  the 
world  may  have  different  requirements,  e.g.  in  the  area  of  satellite  communications 
(as  in  the  case  of  the  US).  Also,  the  existing  mechanisms  may  be  insufficient  to 
phase-out  or relocate existing systems to other  parts  of the  radio spectrum  in time  (as 
in  the  case  of  developing  countries).  Such  conflicting  interests  become  apparent  at 
WRC  in terms  of frequency  requirements  but  can  be detected,  however,  at  an  earlier 

stage  through  an  appropriate  examination  of  the  requirements  of  the  respective 
markets. 

The  trends  in  WRC  negotiations  noted  above  have  implications  for  the  technical 
issues  to  be  considered  at  WRCs  but  cannot  be  solved  on  the  basis  of  technical 
considerations  only.  The  increased  need  for  co-ordination  between  commercial 
and public  uses of spectrum, for co-ordination within  and  between  regions with 
diverging 
implications  of  the 
decisions  to  be  taken,  should  lead  to  an  increase  of  political  attention  to  be 
given  to  the  issues  at  stake  at WRCs.  In the  current  climate  of  WRC  negotiations, 
only  the  combined  strengths  of  frequency  authorities  and  political  instances  will  lead 
to satisfactory  results on frequency  allocations which will serve the public  interest  and 
the  European  economy. 

interests,  and  the  political  and  regulatory 

2.2  Results of WRC-97 

further 
The  results  of  WRC-97  are  generally  assessed  as  positive 
development  of  the  radiocommunications  sector  in  Europe.  From  a  Community 
point of view, the most  relevant  results of WRC-97  are the following: 

the 

for 

•  Satellite  broadband services 

WRC-97  decided  to  make  spectrum  available  for  the  provision  of  satellite 
broadband  services,  such  as  proposed  by  SkyBridge,  Teledesic,  Celestri, 
WEST.  Whereas  the  technical  decisions  taken  on  this  issue  by  WRC-95  were 
not  to  the  benefit  of  global  competition,  WRC-97  changed  its  approach.  After 
difficult  negotiations,  agreement  was  firstly  reached  on  the  principle  that  global 
and  equal  competition  in  the  provision  of  satellite  broadband  services  is 
technical 
essential  for  economic  and  political  reasons  before  appropriate 
solutions  were  worked  out.  The  WRC  discussions  on  satellite  broadband 
services  underline  the  need  for  political  guidance  to  be  given  in  order  for 
acceptable technical  compromises  to be reached. 

The  result  complies  with the  new  concept  proposed  by  Europe  to  overcome  the 
difficulties  experienced  in  co-ordinating  different  satellite  and  terrestrial  systems 
and  comprises  the setting  of  limits  for the  interference  that  can  be accepted  into 
one  type  of  network  from  the  other.  The  principal  concept  agreed  upon  would 
allow  for  equal  access  to  spectrum  by  competing  systems,  facilitate  competition 
in the  provision  of  satellite  broadband  services  at  global  level,  and  diminish  the 
need  for  a  segmentation  of  frequency  bands.  The  issue  will  be  re-visited  at 
WRC-99. 

•  Terrestrial mobile  communications/UMTS 

One  of  the  main  of  objectives  of  Europe  for  WRC-97  was  to  ensure  that  a 
forthcoming  conference  would  deal  with  spectrum 
the 
development  of  Europe's  future  3rd generation  mobile  communications  systems, 
known  as  UMTS  (Universal  Mobile  Telecommunications  System).  It was  agreed 
that WRC-99 should deal with this issue. 

requirements 

for 

•  Aeronautical  and radionavigation  services 

WRC-97  addressed  the  issue  whether  spectrum  allocated  for  the  provision  of 
aeronautical  and  satellite-radionavigation  services  should  be  opened  up  for 
shared  use with  other  services,  such  as  mobile  telephony  by  satellite.  While  the 
Conference  could  agree  in  principle  as  far  as  bands  allocated  to  mobile 
aeronautical  services  were  concerned,  it  could  not  for  those  dedicated  to 
radionavigation.  In  both  cases  it  decided  to  put  again  these  questions  on  the 
agenda  of WRC-99  on the basis of additional  technical  studies to  be  undertaken 
and  consultations  to  be  carried  out  with  the  actors  of  the  sector  (transport  and 
aviation  communities)  and  political  instances. WRC-99  will furthermore  consider 
additional frequency  allocations to the satellite-radionavigation  service. 

WRC-97  also  made  decisions  as  regards  the  planning  of  the  broadcast  satellite 
service  (Appendices  30/30A  of  the  ITU  Radio  Regulations),  Earth  observation,  and 
other issues. 

2.3 

Assessment  of the European  position  at WRC-97 

43  European  countries,  including  the  15  EU  Member  States,  co-ordinate  and 
negotiate  positions  for  WRCs  in  the  context  of  the  Conference  Preparatory  Group 
(CPG)  of CEPT. All 43 CPG member countries,  including the  EU Member  States,  had 
put  their  signature  to  some  or  all  of  the  300  European  Common  Proposals  (ECPs) 
adopted.  The  CPG  had  appointed  co-ordinators  to  closely  follow  the  negotiations  on 
specific  agenda  items  and  to  advise  the  43  CEPT  administrations  on  the  line  to  be 
taken. Also, a number of Europeans were  positioned  in the organisational  structure  of 
the  conference  as  (vice-)  chairmen.  However,  the  co-ordination  of  positions 
among  43  countries  remained  difficult,  particularly  where  the  technical 
positions  worked  out  could  not  be  maintained  for  economic,  political,  or 
strategic  reasons. 

For  WRC-97,  for  example,  an  ECP  was  adopted  which  would  allow  shared  use  of 
frequencies  by  mobile-satellite  and  aeronautical  services  under  certain  conditions. 
However,  as  a  result  of  insufficient  agreement  and  political  support  at  the  national 
level,  certain  Member  States  did  not  sign  the  proposal  or  had  to  withdraw  their 
support  at the conference  itself. The issue was finally  postponed to WRC-99. 

The  formal  role  of  the  European  Commission  at  the  WRC-97  was  that  of  observer. 
Furthermore,  and  where  appropriate 
the 
Commission  provided political support to the CEPT in its role as  counsellor. 

from  a  Community  point  of  view, 

The fact that the Commission was involved  in the  negotiation  process  within the  limits 
set  by  Council  does  not  mean,  however,  that  agreements  made  at  WRC  and 
consortia  putting forward frequency  allocation  proposals  are  automatically  in  line with 
Community  interests,  for  instance  as  regards  the  competition  rules,  which  may 
require separate checks. 

In  accordance  with  the  Council  Conclusions  of  3  February  19926,  the  Luxembourg 
Presidency  submitted  on  behalf  of the  Community  a joint  Declaration  for  inclusion  in 

Council  Conclusions  on  the  procedures  to  be  followed  at  the  World  Administrative  Radio  Conference  (WARC 
1992), 3.2.1992. 

the  Final  Acts  which  stipulates  that  the  delegations  of  the  Member  States  of  the  EU 
declare  that  they  will  apply  the  revision  of  the  Radio  Regulations  adopted  at  the 
conference  in  accordance  with  their  obligations  under  the  Treaty  establishing  the 
European  Economic  Community.  This  should  allow for  an appropriate  assessment  to 
be made  at Community  level as  regards the  compatibility  of WRC  decisions  and their 
implementation  at  Community  level  as  set  against  the  Treaty  and  in  particular  its 
competition  rules.  However,  in view  of the  complexity  of the  issues  dealt  with  at 
WRC,  a  more  forward  looking  approach  may  be  required  where  possible 
consequences  of WRC  decisions  on Community  policies  are assessed  on  ana 
priori  basis. 

In  particular  with  respect  to  the  issues  of  satellite  broadband  services,  UMTS,  and 
aeronautical  and  satellite-radionavigation  services  there  was  a  clear  need  for  co 
operation  between  the  Commission  and  the  CPG  at  political  and  technical  level  in 
order  to  achieve  results  which would  be acceptable  from  a Community  point  of  view. 
The  combination  of  strengths  should  be further  consolidated  in view  of  the  trends  in 
the  negotiations  described  above,  particularly  as  regards  the  need  to ensure  that 
European  positions  are  negotiated  which  comply  with  Community  interests 
and which are endorsed  by relevant  political  instances and affected  parties. 

WRC-97  adopted  nearîy  all ECPs  presented  by the CPG, although  it should  be  noted 
that  certain  provisional  decisions  by WRC-97  need  to  be  reviewed  by  WRC-99.  The 
European  regional  co-ordination  in  CEPT  is  generally  appreciated  by  other  regions 
within the WRC structure and has already triggered  reflections  on their side as to  how 
to  better  prepare  themselves  for  WRC-99,  notably  by  engaging  an  early  preparatory 
dialogue with European instances  in charge. 

Europe  had  a  rather  strong  negotiating  position  at  WRC-97  but  it  should  be 
reviewed  whether  the  current  arrangements  will  hold  in  the  context  of  the 
evolving  nature  of  WRC  negotiations  noted  above,  in  particular  as  regards  the 
necessity  of  political  support  for  the  positions  to  be  negotiated  prior  to  and  during 
WRC  as well as the need to ensure that the  co-ordination  among  European  countries 
and the adherence to the positions  is maintained. 

W R C - 99  IN THE CONTEXT OF RELEVANT COMMUNITY  POLICIES 

The agenda for WRC-99 comprises  about 40 separate  items, grouped  under  detailed 
technical  headings  familiar  to  frequency  managers  only.  However,  most  of  the 
apparent  technical  matters  to  be  considered  at  WRC-99  in  fact  constitute  important 
operational  conditions  for  the  implementation  of Community  policies.  Other  items  are 
only  indirectly  linked  to  Community  policies,  but  are  nevertheless  of  importance  to 
individual  Member  States,  companies,  or  organisations.7  The  WRC-99  agenda 
includes  many  issues  for  which  no  definitive  agreement  could  be  established  at 
WRC-97.  This  is due to the fact  that the  issues  dealt with  at WRCs  are technically  so 
complex  that,  prior  to  taking  definitive  decisions,  technical  studies  are  needed  and 
further  consultation with  political instances  and affected  market players  is required. 

In addition, certain  other  Community  policies, such as concerns  RTD, competition, and trade, have  a bearing  on 
frequencies.  For further details, see footnote 2. 

Under  these  conditions,  all  interested  parties,  including  (potential)  spectrum 
users,  equipment  manufacturers,  consumers,  regulatory  authorities,  and 
political  instances  should  take  note  at  an  early  stage  of  the  WRC-99  agenda, 
assess  to  which  extent  their  respective  activities  may  be  affected  by  the 
decisions  to  be  taken,  and  take  part  in  the  process  for  the  establishment  of 
common  European  positions for WRC-99. 

3.1  Terrestrial mobile communications/  UMTS 

The  amount  of  spectrum  to  be  made  available  by  WRC-99  for  UMTS  will  directly 
affect  growth  prospects  for  multi-media  mobile  communications  in  Europe  and 
elsewhere  and  therefore  greatly  affects  the  competitive  position  of  Europe's  mobile 
communications  industry  at  global  markets.  However,  potential  conflicts  exist  with 
those  countries  which  focus  more  on,  e.g.,  satellite  communications  and  which 
compete for access to the same frequencies  as those  identified for UMTS. 

Under  the  ITU  terminology  IMT-2000  (International  Mobile  Telecommunications), 
WRC-99  will  deal  with  additional 
type  of 
radiocommunications  and  study  the  technical  characteristics  which  should  facilitate 
world-wide  roaming.  Building  on  its  success  in  mobile  telephony  (GSM,  DCS-1800), 
Europe  seeks  to  secure  frequency  availability  for  third  generation  mobile  systems, 
which  has  become 
(Universal  Mobile 
Telecommunications  System). 

in  Europe  as  UMTS 

frequency  allocations 

to  be  known 

this 

for 

Estimates  suggest  that  the  annual  market  revenues  in  Europe  for  cellular  mobile 
services  could  amount  over  100  billion  ECU  and  for  mobile  multimedia  services 
approximately  34  billion  ECU  in  2005.8  The  huge  economic  potential  of  the  mobile 
market  is  reflected  in  Community  funding  under  the  RACE  and  ACTS  projects  on 
mobile communications  (176 million  ECU in the period  1996-1998). 

At  Community  level, the  development  of  UMTS  has  received  the  necessary  political 
support  and the  regulatory  implications  are  currently  being  discussed  on the  basis  of 
a proposal for a Council and  European  Parliament  Decision on UMTS9. This  proposal 
builds  on  the  progress  of  work  undertaken  on  standardisation  in  ETSI,  on  frequency 
harmonisation 
issues 
addressed  in the framework  of the UMTS Forum. 

in  the  context  of  CEPT,  and  on  market  and  regulatory 

At  WRC-99,  Europe  will  underline  the  importance  of  the  need  for  additional  globally 
harmonised  allocations  to  meet  demand  for  third  generation  mobile  applications.  It 
should  be  noted,  however,  that  the  frequency  range  identified  for  such  allocations 
(i.e.  2  GHz  range)  may  be  planned  by  other  negotiating  parties  for  the  provision  of 
other services, such as satellite  services, or difficulties  may exist with the relocation  of 
existing  services in this frequency  range. 

8 

9 

UMTS  Forum  Report  no  1 : A Regulatory  Framework  for UMTS, 25.06.1997. 

Proposal  by  the  Commission  for  a Decision  of the  European  Parliament  and  of the  Council  on  the  co-ordinated 
introduction  of mobile and wireless  communications  (UMTS)  in the Community, COM(1998)58 final,  11.02.1997. 

3.2  Satellite services, including  broadcasting 

technology 

in  satellite 

Developments 
the  cross-border  provision  of 
telephony,  television,  radio,  and  multi-media  services  which  are  all  increasingly 
targeted  at  international  markets.  Europe  should  further  consolidate  its  position 
through 
in  satellite  projects  and  seek 
corresponding  frequency  allocations  and  usage  conditions  at  WRC-99  and  future 
conferences. 

the  development  of  and  participation 

facilitate 

Under  several  headings,  WRC-99  will  address  frequency  requirements  for  the 
provision  of  services,  including  voice  telephony,  and  broadcasting,  by  means  of 
satellites. 

The  issue that  dominated the  negotiations  at the WRCs  of  1995  and  1997  concerned 
frequency  availability  for  the  provision  of  satellite-based  broadband  services  which 
will  allow  for  high-speed  Internet  access  and  video  conferencing  to  take  place 
anywhere  in  the  world.  The  limited  amount  of  frequencies  available  for  the 
provision  of  satellite  broadband  services  and  the  huge  capital  investments 
required 
infrastructures  will  have 
consequences  for  the  level  of  global  competition  in  this  important  area  of  the 
emerging  Information  Society.  Although  access  to  frequencies  is  an  important 
condition  for  the  further  development  of  satellite  broadband  communications,  it 
cannot  be  a  determining  factor  in  itself  but  should  equally  take  into  account  the 
economic,  trade,  and  political  interests  involved  in  the  global  provision  of  such 
strategically  important  services. 

to  develop  such  wireless 

Internet 

The  value  of  (planned)  satellite  personal  and  broadband  systems  is  expected  to 
reach  350  billion  ECU.10  Taking  the  importance  of  satellite  communications  into 
account,  the  fifth  Framework  Programme  for  RDT  foresees  a funding  of  Information 
Society  technologies  of 3.3  billion  ECU in the period  1998-2002. 

The  satellite  communications  sector  has  been  addressed  in a number  of  Community 
measures,  the  most  recent  one  of which  aims  at the  rapid  introduction  of  compatible 
satellite  personal  communications  services  (S-PCS)  in  the  Community  through  the 
to  general 
harmonisation  of  frequency  bands  and  usage  conditions  attached 
authorisations11  as  well  as  to  remove  remaining  barriers  to  the  free  movement  of 
terminal  equipment.  With  regard  to  satellite  broadband  services,  Europe  is 
supportive  of  a  positive  review  of  the  technical  conditions  agreed  at  WRC-97 
which  will  allow  European  companies  to  compete  with  their  systems  on  the 
global  market. 

Satellites  are  also  leading  the  introduction  of  digital  television  and  radio 
services  in  Europe  and  lead  to  an  expansion  of  the  demand  for  audio-visual 
products.  Digital television  offers  innovative  ways  to  deliver  both  traditional  services 
in  the 
as  well  as  new  multimedia  services.  This  trend  is  explored  in  detail 

10  Communication  on  the  EU  Action  Plan:  Satellite  Communications 

in  the  Information  Society,  COM(97)91. 

05.03.1997. 

11  Decision  No  710/97/EC  of  the  European  Parliament  and  the  Council  on  a  co-ordinated  authorisation  approach  in 

the  field  of  satellite  personal  communications  services  in  the  Community,  OJ  L105,  23.4.97. 

Commission's  recent  Green  Paper  on  convergence.12  The  market  for  European 
audio-visual  products  is  estimated  to  be worth  54  billion  ECU  in  2005  (as  compared 
to  32  billion  ECU  in  1995).13  Community  funding  for  the  introduction  of  advanced 
television  services  amounted  228  million  ECU  in the  period  1993-1997. In  order  for 
the  European  market  for  audio-visual  products  to  further  develop,  sufficient 
availability  of frequencies  needs to be secured. 

Within  the  ITU/WRC  context,  countries  agree  to  so-called  plans  for  the  use  of 
spectrum  resources  (i.e.  orbital  slots,  'footprints',  frequencies)  for  the  provision  of 
broadcast  satellite  services.  Decisions taken  in this  respect  at WRC-97 will  now  allow 
for  the  possible  deployment  of  digital  systems  in  the  agreed  frequency  bands  and 
generally  provide for  more  competition  in this  area, which  is particularly  important  for 
pan-European  systems.  WRC-99  will  review  to  which  extent  the  current  assignment 
of  spectrum  resources  among  countries  is  still  appropriate  or  whether  modifications 
need to be made to the plans. 

3.3  Aeronautical  and satellite-radionavigation  services/GNSS 

The  need  for  appropriate  balancing  between  commercial,  strategic,  and  general 
interests  by  political  instances  is particularly  relevant  with  respect  to aeronautical  and 
radionavigation/GNSS  services,  the  frequencies  for  which  are  subject  to  claims  by 
commercial  telecommunications  interests  but which  are  needed  to  ensure  the  safety 
and further  expansion  of  such  applications  in  both the  commercial  domain  as well  as 
in the context  of public interest  applications. 

The  establishment  of  a  single  air  transport  sector  on  the  basis  of  free  market 
access  is  one  of  the  Community's  main  features  of  its  transport  policies.  Air 
traffic  has  increased  significantly  over  the  years  with  the  result  that  the  Community's 
airspace  and  airport  infrastructures  are  in  need  of  sufficient  frequencies  on  a  non 
interference  basis.  In  conjunction  with  ICAO  (International  Civil  Aviation  Authority), 
the  Community  is  developing  new  concepts  for  Air  Traffic  Management  (ATM)  but 
concerns  exist as to which  extent frequencies  for aviation  are subject to  claims 
by,  or  interfered  with  other  potential  users  from  the  commercial  (satellite) 
communications  industry.  WRC-99  will  discuss  the  availability  and  reliability  of 
sufficient  spectrum for  aeronautical  services. 

in  general.  GNSS  applications 

The  Commission  Communication  on  GNSS 
(Global  Navigation  Satellite 
Systems)14  estimates  the  annual  world  market  for  GNSS  applications  close  to  50 
billion  ECU  by  2005.  GNSS  can  promote  sustainable  mobility,  transport  efficiency, 
and  safety 
traffic 
management,  railway  control,  tracking  of  dangerous  goods,  oil  and  gas  recovery, 
identification  of 
the 
Commission's  outline  of  the  European  strategy  for  the  development  of  a  trans-
European  positioning  and navigation  network,  including the strategy  on GNSS, and in 
particular  stresses that the  needs  of GNSS  in the area  of frequencies  and orbits  must 

fishing  grounds.  On  17  March  1998,  Council  endorsed 

include  aviation  and  vessel 

12  Green  Paper  on  the  convergence  of  the  telecommunications,  media  and  information  technology  sectors,  and 
the  implications  for  regulation  COM (97)623, Brussels  3 December  1998 (see chapters  1 and 2 in particular). 

13  See  study  by  Norcontel  -  Economic  implications  of  New  Communication  technologies  on  the  audio-visual 

markets,  April  1997 

14  Communication  from  the  Commission:  Towards  a  Trans-European  Positioning  and  Navigation  Network, 
including  a European strategy  for Global  Navigation  Satellite  Systems  (GNSS), COM(98)29 final,  21.01.1998. 

10 

be recognised  in the  relevant  international  fora.  Community  funding  for  the  first  stage 
of  the  European  component  of  GNSS  is  50  million  ECU  for  the  period  1995-1999. 
WRC-99  will 
for  satellite-
radionavigation  services  can  be  shared  with  other  services  and  will  address 
the  question  how  much  spectrum  is  needed  for  the  further  development  of 
GNSS  applications. 

to  which  extent  spectrum 

reserved 

review 

for 

Radiocommunications  systems 
the  provision  of  aeronautical  and  GNSS 
applications  are  developed  to  serve  global  markets  and  have  both  a  public  interest 
(safety)  and  a  substantial  long-term  commercial  potential.  This  is  however  less 
developed  than  the  mass  consumer  market  for  mobile  and  satellite  communications 
services.  This  has  resulted  in the situation where the safety  and  strategic  interests 
of  aeronautical  and  GNSS  communications  compete  for  spectrum  with 
commercial  telecommunications  interests  which  already  fully  acknowledge  the 
importance  of WRCs  as  evidenced  by the  strong  lobby  in  this  context.  It  is  therefore 
essential to develop  long-term  European  positions  on aeronautical  and satellite-
radionavigation  which  ensure  the  safe  use  of  existing  frequency  allocations, 
take  into account future  requirements, and are  balanced and  proportionate  with 
the  needs of the commercial  radiocommunications  sector 

3.4  Earth  observation 

The  importance  of  Earth  observation  applications  in  Europe  should  be  discussed  in 
social,  economic,  and  strategic  terms  in  order  to  ensure  that  WRC-99  appropriately 
addresses  Europe's frequency  requirements  in this area. 

The  potential  social,  economic  and  strategic  importance  of  Earth  observation 
is considerable.  Earth  observation  comprises  applications  in diverse  areas  such  as, 
inter  alia,  global  scale  measurements,  implementation  of  environmental  and  civil 
protection  policies,  and  agricultural  policies.  The  Community  is  making  a  substantial 
effort  in  stimulating  Earth  observation  applications  through  its  RTD  programmes  and 
spent  under  the  Fourth  Framework  Programme  on  RTD  around  275  million  ECU  on 
Earth  observation  applications  and  RTD  projects.  The  Fifth  Framework  Programme 
will  include  activities  on  the  development  of  generic  Earth  observation  technologies, 
notably  satellite technologies  for environmental  monitoring  and resources. 

The  Community  and  its  main  collaborators  in  this  area  (i.e.  EUMETSAT,  ESA, 
national  weather  and  space  agencies)  are  keen  to  ensure  that  the  frequency 
requirements  for  this  use  of  general  interest  are  secured.  Since  WRC-99  will 
address  frequency  requirements  for  Earth observation  applications,  the  need for,  and 
operating  conditions  of, frequencies  for  such  applications  at Community  level  need to 
be addressed  by the relevant  players. 

H 

4. 

PREPARATIONS  FOR WRC-99  IN THE  COMMUNITY  CONTEXT 

In  response  to  the  Council  Conclusions  on  WRC-97  of  22  September  1997,  which 
were  adopted  on  the  basis  of  the  Commission  Communication  to  the  European 
Parliament  and the Council on the WRC-9715, the Commission  has reflected  upon the 
results  and experience  gained  at previous  conferences  and  has  initiated  a number  of 
actions  to  further  consolidate  Community  interests  in  the  WRC  process.  The  overall 
objective  of  such  actions  with  regard  to  WRCs  is  to  ensure  that  WRC  decisions 
comply  with  relevant  Community  policies  and  interests  and  to  contribute  to  an 
appropriate  balancing  of  commercial  and  general  interests  in  the  working  out  of 
European  positions  for  WRCs  which  are  endorsed  by  political  instances  at  the 
highest  possible level. 

4.1  Compliance  of  European  positions 

for  WRC-99  with 

relevant 

Community  policies 

CEPT  will  prepare  and  adopt  the  common  European  positions  for  WRC-99  in 
consultation  with  the  European  Radiocommunications  Committee  (ERC)  and  the 
European  Radiocommunications  Office  (ERO).  Work  has  been  organised  in  a 
number  of project teams dealing with  regulatory  issues,  broadcasting,  satellite  issues, 
and maritime/radionavigation services. 

the 

that 

to  ensure 

the  positions  worked  out  by 

in  CEPT  comply  with  Community 

frequency  and 
In  order 
the 
telecommunications  experts 
Community,  as  represented  by  the  Commission,  will  participate  in  the  preparatory 
process  initiated  by  CEPT/CPG,  in  particular  as  regards  providing  input  on  those 
Community  policies  which  depend  on  the  availability  of  frequencies  (see  Chapter  3) 
while  taking  due  account  of  the acquis  communautaire.  Whereas  the  Community  is 
traditionally  represented  in  CEPT/CPG  by  Commission  representatives  responsible 
for  telecommunications,  and  recalling  that  the  WRC-99  agenda  comprises  issues 
which  go  beyond telecommunications  policy, there  may  be a need for  additional  input 
to the  CEPT  process,  in  particular  as concerns  Community  policies  on  broadcasting, 
aviation,  satellite-radio  navigation, and Earth observation. 

interests, 

Although  the  need  for  appropriate  Community  input  into  the  CEPT  process  is 
clear,  a  further  balancing  and  prioritising  of  the  political  objectives  to  be 
achieved  in the  area  of frequency  allocations  should  be  initiated  at  Community 
level.  The  Commission  therefore  regards the  provision  of  input to  CEPT  as  important 
element  in  achieving  a wider  objective  which  entails  that  frequency  requirements  for 
the  implementation  of  frequency-dependent  Community  policies  are  addressed  by 
the  relevant  market  actors  and  political  and  technical  authorities  as  part  of  a 
European  long-term  strategic  spectrum  plan  with  which  European  harmonisation 
measures  in  the  area  of  radio  frequencies  as  well  as  the  elaboration  of  appropriate 
positions  for  WRCs  should  comply.  This  matter  will  be  addressed  during  a  public 
consultation  phase the Commission  intends to carry  out during the course  of  1998. 

15  COM(97)304 final,  18.06.1997. 

12 

4.2  Appropriate  balancing  of  radiocommunications  interests 

interests, 

is  necessary 

that  commercial 

It 
regulatory  authorities,  scientific  and 
professional  organisations,  and  representative  consumer  and  user  organisations 
publicly  discuss  the  respective  interests  at  stake  at  WRC-99  so  that  commercial  and 
general  interests  can  be  appropriately  balanced  in the  working  out  of  positions.  In  this 
context,  the  Commission  and  the  CEPT/CPG  will  organise  consultation  meetings  on 
the  WRC-99  agenda  items,  in  particular  dealing  with  UMTS,  satellite-radionavigation, 
transport  and  high  density  fixed  services  (including  high  altitude  platforms). 

Furthermore,  the  Commission  envisages  to  address  WRC-99  issues  in  its  regular 
contacts  with  individual  or  representative  organisations  (including  for  small  and 
medium-sized  enterprises)  such  as  ECTEL  and  EITIRT 
(telecommunications 
manufacturers),  the  UMTS  Forum,  ETP  (European  Telecommunications  Platform), 
GSM  MoU  (operators),  and  with  the  satellite  industry  in  the  context  of  the  Satellite 
Action  Plan.  The  Commission  encourages  the  Member  States  to  use  the  relevant 
(high-level)  advisory  bodies  set-up  by  the  Commission,  such  as  the  Space  Advisory 
Group  and  the  High-Level  Group  on  GNSS,  to  express  their  positions.  In  the  context 
of 
European 
Radiocommunications  Office  (ERO),  ERO  will  be  funded  to  carry  out  certain  tasks 
with  the  aim  to  contribute  to  the  development  of  European  positions  for  the  WRC-99 
through  consultation  and  examination  of  European  and  global  radiocommunications 
interests. 

the  Commission  with 

relationship 

formal 

the 

the 

of 

In  addition  to  these  consultations  in  the  telecommunications  area,  it  is  also 
instances,  such  as  the  responsible 
necessary  that  political  and  technical 
authorities  for  telecommunications,  transport,  defence,  RTD,  and  culture 
-
whose  policies  may  depend  on  frequency  availability  -  co-ordinate  positions, 
priorities,  and  objectives  to  be  achieved  with  all  interested  parties.  This  is 
particularly  relevant  in those  cases  where  varying  interests  compete  for  access  to  the 
frequency  bands,  such  as  mobile  satellite  applications  and  satellite-
same 
radionavigation,  television  broadcasting  and  satellite  broadband  applications,  Earth 
observation  and  fixed  (satellite)  services.  Such  co-ordination  is  necessary  to  uphold 
the  European  positions  to  be  negotiated  and  to  avoid  that  bilateral  contacts  with  third 
countries  at  sector  level  may  undermine  the  across-the-board  European  position. 

4.3  Approximation  of  positions  with  third  countries  and  regions 

In  the  changing  context  of  WRCs  described  in  chapter  2.1  above,  it  is  desirable  to 
achieve  a  certain  level  of  approximation  of  proposals  between  negotiating  parties 
before  the  start  of  the  WRC  in  order  to  avoid  that  decisions  at  the  conference  are 
postponed  due  to  a  lack  of  time  or  unbridgeable  differences 
in  positions.  The 
regional 
Commission  will  be  involved 
telecommunications  organisations,  such  as  CITEL,  APT,  and  the  Arab  and  African 
representative  organisations. 
important  that  Europe  co-ordinates 
positions  with  the  Arab  and  African  representative  organisations  since  they  negotiate 
positions  as  belonging  to  the  same  Region  within  the  ITU/WRC. 

in  bilateral  contacts  organised  with  other 

It  is  particularly 

The  Commission  will  also  co-ordinate  positions  with  third  countries  in  the  context  of 
regular  bilateral  meetings  with  its  main  trading  partners.  In  this  context,  it  will  be 
important  to  co-ordinate  the  objectives  to  be  achieved  at  WRCs  with  the  countries  of 
Central  and  Eastern  Europe,  including  those  engaged  in  accession  negotiations;  it  is 
that  they  are  all  member  countries  of  CEPT/CPG  which 
noted 

in  this  respect 

13 

contributes  to  the  harmonisation  of  approaches  taken.  An  early  dialogue  with  the 
United  States  and  Japan  is  also  supported.  WRC  matters  will  also  be  raised  in  the 
context  of the  regular  dialogue  with third  regions  (Mediterranean, Asia  (ASEM),  Latin 
America). 

The  approximation  of  positions  should  also  comprise  consultation  with  relevant 
international  organisations  affected  by frequency  allocation  decisions,  such  as  ICAO, 
EUROCONTROL, 
IMO,  EUMETSAT,  ESA,  broadcasting  organisations,  Earth 
observatories. 

4.4  Appropriate  representation  of Community  interests at WRC-99 

The  results  of  the  negotiations  of  WRCs  are  expressed  in  Radio  Regulations  and 
Appendices.  These are attached to the  Final Acts of the conference  which  are  signed 
by  all  the  delegates  on  behalf  of  and  subject  to  the  approval  of  their  respective 
competent  authorities.  They  are  applied  provisionally  pending  such  approval. WRCs 
therefore  result  in legally  binding  international  commitments. 

The  15  Member  States  of  the  EU  negotiate  at  WRCs  in  their  own  right,  within  the 
framework  of  the  CEPT/CPG.  On  the  basis  of  its  existing  observership  within  the 
ITU/WRC,  the  Community,  as  represented  by  the  Commission,  has  participated  at 
the  WRCs  in  1992,  1993,  1995,  and  1997.  Furthermore,  the  Community  participates 
in the  negotiations  in its role  as counsellor  to the CEPT/CPG. 

Since the  Member  States  do  not  provide the  Commission  with  a negotiating  mandate 
to  represent  the  Community  at WRC,  and taking  into  account  that  the  legally  binding 
results  of WRCs  directly  affect  Community  policies, common  Community  positions 
may  need  to  be  established,  where  appropriate  and  in  accordance  with  normal 
procedure.  The  Council  Conclusions  of  3  February  199216  have  stressed  in  that 
respect  that  Member  States  and  the  Commission  will  meet  on  the  spot  if  separate 
Community  co-ordination  proves  necessary.  As  stipulated 
in  the  Commission 
Communication  on  WRC-97,  this  could  for  instance  be  the  case  (a)  where  Member 
States disagree  amongst themselves  on proposals  submitted to the conference  which 
affect  the  Community  as  a  whole,  (b)  where  Member  States  disagree  with  other 
CEPT  countries  on  such  proposals,  (c)  where  CEPT  proposals  do  not  comply  with 
Community  interests,  or  (d)  where  a  common  Community  position  can  contribute  to 
strengthen the CEPT proposals  in discussions with third countries. 

It  is  essential  that  political  agreement  is  reached  on  the  objectives  to  be 
achieved  with  the  common  European  positions  to  be  negotiated,  and  this  may 
happen,  where  appropriate,  both  prior  to  as  well  as  during  WRC  through  the 
establishment  of  common  Community  positions.  The  need 
for  separate 
Community  co-ordination  in addition  to  that  in the framework  of  CEPT would  be  less 
apparent  in case the  CEPT  positions  are formally  endorsed  at the  political  level  in the 
Community,  which  is  currently  not  the  case  and which  has  led  to  last-minute  political 
intervention  at the  conference  itself.  This,  in turn,  affected  Europe's  across-the-board 
negotiating  power.  Subject to  political support  by the Member  States for the  European 
positions  for  WRCs,  the  Commission  will  contribute  to  ensure  that  Community 
interests  are  duly  taken  into  account.  The  political  support  of  the  Community  will 

16  Council  Conclusions  on  the  procedures  to  be  followed  at  the  World  Administrative  Radio  Conference  (WARC 

1992),  3.2.1992. 

14 

substantially  reinforce  the  negotiating  power  of  Europe  vis-à-vis  third  countries  and 
regions. 

(WTO).  As 

into  account 

The  establishment  of  common  European  positions  and  the  results  to  be 
the  market  access 
achieved  at  WRC  should  also 
take 
commitments  made  under  the  GATS17  which  was  concluded  in  the  context  of 
the  World  Trade  Organisation 
the  Commission 
Communication  on the WRC-97, it is should  be avoided that certain countries  use the 
ITU or a WRC to  reformulate  or re-interpret  their GATS  market  access  commitments. 
At  WRC,  the  Community  should  take  into  account  to  which  extent  the  impact  WRC 
decisions  may  have  on  market  access  commitments  made  under  the  GATS.  This 
should  apply  to  both  the  GATS  commitments  taken  by  the  Community  and  those 
taken  by  the  main  trading  partners. Within  the  Community,  the  113  Committee  is  an 
appropriate  forum  to discuss  international  trade  aspects,  and thus  it  should  be used, 
where  appropriate,  to  discuss  and  co-ordinate  the  Community  position  on  such 
issues in the context of WRCs. 

indicated 

in 

5. 

CONCLUSION 

This  Communication  highlights 
international 
the  political 
negotiations  on the harmonised  use of radio frequencies  and underlines the  necessity 
for full Community  involvement  in the WRC process. 

importance  of 

the 

Within  the  Community,  policies  are  pursued  which  depend  upon  the  availability  of 
radio  spectrum,  such  as  in  case  of  the  traditional  telecommunications  sectors  of 
mobile  and  satellite  communications,  but  also  with  regard  to  aeronautical  and 
satellite-radionavigation  services,  broadcasting, and  Earth observation, the  frequency 
requirements  for  which  have  come  under  increased  pressure  from  commercial 
telecommunications  interests  backed  by  national  political  instances.  Taken  together, 
however,  these  policies  make  a  substantial  contribution  to  the  economy  of  Europe 
and  are  the  building  blocks  for  the  emerging  Information  Society  and  they  are  of 
major  importance  from  a public  policy  point  of  view.  It  is  therefore  essential  to  relate 
the technical decisions taken at WRCs to such broader policy aspects. 

WRC-99  will  have to  consider  important  technical  issues  of  relevance  in the  broader 
Community  context: 

•  Will  there  be  sufficient  and  suitable  spectrum  available 

implement 
European  policies  for  the  development  of  mobile  communications  into  mass-
market, mobile, multi-media  communications? 

to 

•  How  much  spectrum  will  be  available,  and  under  which  conditions,  for  the 
provision  of  global  satellite  broadband  services  and  satellite  broadcasting 
services  and how will the technical conditions affect the level of competition  at 
the global  market? 

•  To  which  extent  and  on what  basis  will  frequencies  be  available  for  services 
which  are  essential  for  socio-economic,  political,  and  strategic  purposes, 

17  Notably  in the context of the WTO/GATS Agreement  on Basic Telecommunications  Services, which entered  into 
force  on 5 February  1998.  This  agreement  currently  involves  72 countries, representing well  above  90% of the 
global telecommunications  market. 

15 

such  as concerns  satellite-radionavigation, aeronautical  mobile,  and  maritime 
mobile services, and Earth  observation? 

•  To  which  extent  will  spectrum  be  available  for  the  development  of  new 

radiocommunications  systems? 

The  legally  binding  commitments  which  WRCs  result  in  are  the  backbone  for  the 
further  development  of  radiocommunications  markets  and  directly  impact  on  a 
number  of  Community  policies  which  are  of  major  economic  and  strategic 
importance.  On  the  basis  of  past  experience  and  in  accordance  with  the  Council's 
views  on  WRCs,  the  European  Commission  seeks  to  ensure  that  the  European 
positions for WRC comply with Community  interests, that such positions  appropriately 
balance  commercial  and  general  interests,  and  that  an  approximation  of  European 
positions  with  third  countries  and  regions  and  relevant  international  organisations  is 
part of the preparatory  process. Appropriate  representation  of Community  interests  at 
WRCs will remain one of the priorities of the Commission. 

The  proposed  line  of  action  will  contribute  to .the  consolidation  of  the  Community 
position  at  WRCs.  However,  further  political  discussions  are  needed  to  set  priorities 
to  be  achieved  in  the  context  of  a  coherent  European  long-term  strategic  spectrum 
plan.  This would  allow to  address  the  need for  European  harmonisation  measures  in 
the  area  of  radio  frequencies  and  the  development  of  positions  for  WRCs  in  a 
comprehensive  manner and on a longer term basis. 

16 

ANNEX 

GLOSSARY 

Asia-Pacific Telecommunity 

Broadcast  Satellite  Service 

European Conference  of Postal and  Telecommunications 
Administrations 

Commission of Inter-American  Telecommunications 
Administrations 

Conference  Preparatory  Group of CEPT 

Direct-to-Home 

European Common Proposal, to be adopted by  CEPT/CPG 

Association of the European Telecommunications  and 
Professional Electronics  Industry 

European  Information Technology  and  Telecommunications 
Industries  Roundtable 

Earth  observation 

European  Radiocommunications  Committee of CEPT 

European Radiocommunications  Office of CEPT 

European Space Agency 

European Telecommunications  Platform 

European Telecommunications  Standardisation  Institute 

European  Union 

APT 

BSS 

CEPT 

CITEL 

CPG 
DTH 
ECP 
ECTEL 

EITIRT 

EO 

ERC 

ERO 

ESA 

ETC 

ETSI 

EU 

EUMETSAT 

European Meteorological  Satellite 

EUROCONTROL 

European Organisation for Air Traffic  Control 

FDD 

FPLMTS 

GLONASS 

Frequency  Division Duplex, transmission technique  used in 
wide-band cellular environments  (see W-CDMA) 

Future Public Land Mobile Telecommunications  Systems, now 
called IMT-2000 

Global Orbiting Navigation Satellite System of the  Russian 
Federation 

GMPCS  MoU 

Global Mobile Personal Communications  Services 
Memorandum  of  Understanding 

GNSS 

GPS 

GSM 

Global Navigation Satellite  System 

Global Positioning System of the United States 

Global System for Mobile  Communications 

GSO  FSS 

Geostationary  Orbit Fixed Satellite  Service 

m 

IALA 

ICAO 

IMO 

IMT-2000 

ITU 

MoU 

MSS 

International Association of Lighthouse  Authorities 

International Civil Aviation  Organisation 

International  Maritime  Organisation 

International  Mobile Telecommunications  with  2000  referring to 
the expected date of introduction of the  service 

International Telecommunications  Union 

Memorandum  of  Understanding 

Mobile Satellite  Service 

NON-GSO  FSS 

Non-Geostationary  Orbit  Fixed Satellite  Service 

RTD 

S-PCS 

Research & Technological  Development 

Satellite  Personal Communications  Services 

TD-CDMA 

Time  Division/Code  Division Multiple Access 

TDD 

TEN 

TG1 

VTMIS 

W-CDMA 

WRC 

UMTS 

UTRA 

Time Division Duplex, transmission technique  of  applications 
using TDMA  (Time Division Multiple Access)  radio  interface 

Trans-European  Network 

Task Group  1 of the  CEPT/ERC 

Vessel Traffic  Management  and Information  Systems 

Wide-band Code Division Multiple Access 

World Radiocommunications  Conference 

Universal Mobile Telecommunications  System 

UMTS Terrestrial  Radio Access 

AT 

ISSN 0254-1475 

COM(98) 298 final 

DOCUMENTS 

EN 

15  16  10  11 

Catalogue  number  :  CB-CO-98-337-EN-C 

ISBN 92-78-36451-7 

Office  for  Official  Publications  of the European  Communities 

L-2985  Luxembourg