Opinion of the Economic and Social Committee on the 'Green Paper on Radio Spectrum Policy in the context of European Community policies such as telecommunications, broadcasting, transport, and R& D'
Date: 1999-04-28
Institutions: European Economic and Social Committee
Subjects: broadcasting, development policy, research policy, telecommunications, transport policy, waveband

16.6.1999

EN

Official Journal of the European Communities

C 169/3

Opinion of the Economic and Social Committee on the ‘Green Paper on Radio Spectrum Policy
in the context of European Community policies such as telecommunications, broadcasting,
transport, and R&D’

(1999/C 169/02)

On 15 December 1998 the Commission decided to consult the Economic and Social Committee, under
Article 198 of the Treaty establishing the European Communities, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, drew up its opinion on 13 April 1999. The rapporteur
was Ms Thompson.

At its 363rd plenary session (meeting of 28 April 1999) the Economic and Social Committee adopted
the following opinion by 66 votes to 1 with 1 abstention.

1.

Introduction

The Green Paper on Convergence between telecom-
1.1.
munication, media and information technologies (1) and other
Community documents have in recent years highlighted the
use of radio spectrum and the complex decision making that
exists in this important economic and social area. There is
massive expansion, major economic activity, and therefore a
need for a review.

Countries historically co-ordinate the use of the radio
1.2.
spectrum in the framework of the International Telecommuni-
cation Union (ITU), a specialized body of the United Nations.
In World Radiocommunications Conferences (WRC) of ITU,
186 countries biannually adopt measures in order to achieve
international harmonization. In Europe, 43 countries, includ-
ing the Member States, co-ordinate the use of the radio
spectrum in the framework of the European Conference of
Postal and Telecommunications administrations (CEPT) and its
sub-committee, the European Radiocommunications Com-
mittee (ERC).

1.3.
During the next two years there will be some important
policy discussions: the ‘99 Review’ for the Telecommuni-
cations Sector, important work in the transport sector, and the
forthcoming World Radiocommunications Conference WRC
– 2000.

the EU,

The use of spectrum has become a major issue in
1.4.
Member States,
the wider Europe, and globally.
Technical improvements, and business and consumer demand
over the last few years have made spectrum a very scarce
resource. Inevitably different patterns of regulations and uses
have developed nationally and internationally. In Europe CEPT
has been able to ensure proper use and a reduction of technical
problems. Any objective view of the current position would
show that decisions about spectrum have a political, social,
economic and technical component.

1.5.
The European Union has a substantial interest in the
development of a consistent radio spectrum policy as it is the
backbone for a wide range of industrial activities in sectors
such as telecommunications, broadcasting, transport, R&D
and services of general interest.

The Green Paper seeks to identify how best to approach

1.6.
and implement spectrum policy at EU level.

In the changing environment Europe faces new chal-

1.7.
lenges:

— The number of new systems both commercial and non-

commercial is increasing.

— Globalisation increases the need for international co-

operation.

2. The Commission’s Green Paper

2.1. The EU and radio spectrum

The location and amount of radio spectrum allocated
2.1.1.
for each service may differ between countries and only a small
amount of the radio spectrum is harmonized among countries.

2.1.2.
across sectors as the following examples show:

EU action on radio spectrum differs significantly

(1) COM(1997) 623 final; ESC opinion in OJ C 214, 10.6.1998,

p. 79.

2.1.2.1.
has increased due to technical
liberalisation of telecommunications markets.

In telecommunications the number of applicants
innovation and the global

C 169/4

EN

Official Journal of the European Communities

16.6.1999

2.1.2.2.
In contrast, radio spectrum availability for broad-
casting has so far, except for a Council Resolution on public
service broadcasting (1), not been addressed in the EU as an
issue requiring political or legislative action.

Transport policies,

2.1.2.3.
in turn, benefit from radio
spectrum being available on an almost exclusive and inter-
national basis.

2.1.2.4.
Although earth observation and radio astronomy
receive considerable EU funding, the radio spectrum available
for these activities is under pressure.

2.2. EU policy on radio spectrum. Issues for comments

2.2.1.
key issues:

The European Commission invites comment on five

— strategic planning of the use of radio spectrum,

— harmonisation of radio spectrum allocation,

— radio spectrum assignment and licensing,

— radio equipment and standards,

3.5.
In spectrum policy today, the value of radio spectrum
is not a predominant factor commonly taken into account,
even though the relevant authorities increasingly use auctions
and sales of defined and regulated licences for the use of
spectrum. However, the Committee warns against this having
a negative impact on employment or leading to increased costs
for consumers.

3.6.
Some of the key issues listed in the Green Paper
conflict with each other; for example it is not always possible
to reflect the economic value of radio spectrum and at the
same time provide adequate spectrum for public interest,
though it is apparent that the convergence of services using
radio spectrum increasingly will become a reality.

Decisions in this area are of vast importance. Some-
3.7.
times these are of a financial nature involving millions of Euros
and sometimes of social
importance such as old people’s
alarms or the use of radio frequencies for small scale com-
munity radio.

It is very apparent that EU objectives will not always

3.8.
be met within the current regulatory framework.

3.9.

Areas that are particularly affected are:

— the institutional
ordination.

framework for

radio spectrum co-

— new developments and competition,

An overview of EU policies involving radio spectrum

2.3.
is given in Annex I of the Green Paper.

— establishing a clear legal framework,

— helping to balance Member States and European needs,

3. General Comments

3.1.
The Committee welcomes the Commission’s Green
Paper and agrees that there is a need for a full debate on
spectrum use.

— strengthening the EU’s role in global forum,

— technical standards and harmonization.

3.10.
main areas strongly influenced by research (2):

It is apparent that if the EU divides spectrum into five

In the light of

the importance of

3.2.
the five areas
mentioned in point 2.2.1 for a range of EU policies it is
important that the EU plays an enhanced role in spectrum
policy. This needs to build on the good work already under-
taken particularly by CEPT and its sub-committees.

— telecommunications,

— broadcasting,

— transport,

3.3.
How spectrum decisions are currently taken through
ITU, WRC and CEPT/ERC needs to be examined and there is a
strong case for the EU to have more direct involvement in the
development of radio spectrum strategies. The current process
is clearly outlined in the Green Paper.

3.4.
There needs to be a balance between the current
technical assessment procedure and possible future more
political, economic and social procedures for this scarce
resource.

(1) Resolution of the Council and the Representatives of the Govern-
ments of the Member States, meeting within the Council of
25 January 1999 concerning public service broadcasting; OJ C
30, 5.2.1999, p. 1.

— Government (defence, and law and order), and

— R&D,

the EU’s ability to influence each area will be different.

(2) See the Fifth Framework Programme of the European Community
for research, technological development and demonstration activi-
ties (1998 to 2002), OJ L 26, 1.2.1999, p. 1. ESC opinion on the
‘Fifth Framework Programme for RTD (1998 to 2002) — specific
programmes’ — OJ C 407, 28.12.1998, p. 123. ESC opinion on
the ‘Fifth Framework Programme for RTD (1998 to 2002) —
scientific and technological objectives’, OJ C 355, 21.11.1997, p.
38.

16.6.1999

EN

Official Journal of the European Communities

C 169/5

3.11.
The Committee feels that there should be a mechan-
ism to allow the EU a fuller role in spectrum policy. This is
such a vast and complex area that it would be inappropriate
for the EU to undertake a detailed management role, often
undertaken competently by the CEPT/ERC and Member States
Governments themselves. There is a role that needs to be
played bringing in the important dimensions of economic,
political and social considerations. This role will also enhance
the single market, competitiveness, Europe’s position in the
global market and strengthen the EU’s position in relevant
international fora.

3.12.
The Committee would support mechanisms that
include this process, but would want to ensure that any new
role the EU takes on in this field fully takes into account
Member States activities and the mechanisms that currently
exist.

3.13.
The Committee will want any mechanism to be clear,
open and transparent to ensure non-discrimination. Also
current mechanisms must be made more open and transparent,
so those that are applying to use spectrum have a clear
understanding. This will also help to highlight how economic
and social considerations are taken into account.

3.14.
The Committee feels that it is important that good
practice in spectrum management is shared across Member
States and the EU should facilitate this. For example, in the
allocation of radio licenses it is important to develop the social
as well as the economic context. Socially there needs to be a
commitment to diversity, which includes culture, type of
program format and ownership. (1)

4. Specific Comments

4.1.
The Green Paper underestimates national Govern-
ment’s potential concern about changes in spectrum allocation
because increasingly spectrum allocation has been used to
raise Government finance.

It is worthwhile considering that where the relevant
4.2.
authorities sell or auction licenses for the use of spectrum a
significant percentage of these funds be earmarked for specific
related activities such as R&D, rather than the funds going
exclusively to national exchequers.

4.3.
‘Re-farming’ proposals should, in the main, be market
led. Any other proposals need to clearly convince current users
of the economic benefits of spectrum change if it directly
involves them in additional costs.

4.4. Where spectrum harmonisation occurs economic ben-
efits would accrue. Standardisation would enhance the EU’s
position, but it must be noted that the direct economic benefits
would be marginal. Radio spectrum harmonisation and equip-
ment standards can result in significant benefits for the end
user and sometimes in economic terms. Standards develop-
ment should to a large extent be market led.

4.5.
The Green Paper does not fully quantify the potential
benefits from the use of digital technology. Which frequency
bands will be freed and how will they be used in the future?

4.5.1.
Any improved framework needs to be able to
accommodate the very fast rate of technological development.
Though it is very difficult with any degree of certainty to
predict future developments in this area, it is an appropriate
role for the EU to undertake.

4.6.
The Committee wants to ensure the highest level of
protection and public health. The Committee is aware of the
work undertaken concerning the health considerations of the
electromagnetic fields (2) and looks forward to strong and clear
policies and continuous monitoring and research in this area.

Any changes to the current decision making process

4.7.
must adhere to the EU’s policy of subsidiarity.

5. Conclusions

5.1.
Radio spectrum is the backbone for a very wide range
of different important industrial sectors. Currently decisions
are made mainly on technical grounds and it is the Committees
opinion that future decisions need to reflect the economic,
social and political importance of spectrum usage.

5.2.
The Committee feels that a fund should be set up for
specific activities such as R&D and that this fund is financed
by taking a percentage of the money that authorities gain,
when they sell or auction licenses for the use of spectrum.

5.3.
Any changes to the current decision making processes
need to take into account CEPT’s and ERC’s role and avoid
the EU becoming involved in massive detail of spectrum
management. The EU in the telecommunications sector does
play a role in harmonizing the availability of radio spectrum.

(1) The ESC is preparing an own-initiative opinion on ‘Pluralism and

concentration in the media’.

(2) COM(1998) 268 final ‘Proposal for a Council Recommendation
on the limitation of exposure of the general public to electromag-
netic fields 0 Hz-300 GHz’.

C 169/6

EN

Official Journal of the European Communities

16.6.1999

5.4.
The Committee is of the opinion that the EU needs to
play an enhanced and better co-ordinated role in spectrum
policy by developing a transparent framework that emphasizes
the economic, social and political aspect. The technological

Brussels, 28 April 1999.

side also needs to be integrated into this planning framework,
so that
in
technology and in some instances it will need to predict future
technological developments.

the latest development

takes into account

it

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation (EC)
amending Council Regulation (EEC) No. 3922/91 of 16 December 1991 on the harmonization of
technical requirements and administrative procedures in the field of civil aviation’ (1)

(1999/C 169/03)

On 10 March 1999 the Council decided to consult the Economic and Social Committee, under Article
84 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 13 April 1999. The rapporteur
was Mr Decaillon.

At its 363rd plenary session (meeting of 28 April 1999) the Economic and Social Committee adopted
the following opinion by 76 votes to one, with one abstention.

1.

Introduction

the JARs. Nevertheless, in 1996 the Commission made one
amendment necessitated by scientific and technical progress (4)
and plans another for 1999.

Council Regulation (EEC) No. 3922/91 (2) provides the
1.1.
instrument by which harmonized technical requirements and
administrative procedures (JARs) worked out by the Joint
Aviation Authorities (JAA) can be incorporated into Com-
munity legislation. An amendment proposed in 1996 (3) to
include the new JARs on light aircraft and helicopters was
blocked by some Member States who wish first to include a
common certification procedure in the JAA administrative
regulation (JAR 21), specifying implementation procedures for

(1) OJ C 44, 18.2.1999, p. 10.
(2) Council Regulation (EEC) No. 3922/91 of 16 December 1991 on
the harmonization of technical requirements and administrative
procedures in the field of civil aviation — OJ L 373, 31.12.91, p.
4 — ESC Opinion — OJ C 159, 17.6.1991.

(3) Proposal for a Council Regulation (EC) amending Council Regu-
lation (EEC) No. 3922/91 on the harmonization of technical
requirements and administrative procedures in the field of civil
aviation (COM(96) 186 final — 96/0119 (SYN) — ESC Opinion
— OJ C 30, 30.1.1997.

2. Gist of the Commission document

2.1.
No technical revision of JAR 145 (approved mainten-
ance organizations) was possible as the latest amendments
adopted by the JAA on Member State recognition of certifi-
cation established by third country organizations are incom-
patible with Community competencies in this area.

2.2.
Given the European Community’s external competenc-
ies as confirmed by European Court of Justice case law, it will
have to negotiate and manage appropriate bilateral agreements.
This will not be possible in the near future. Consequently, it is
proposed (new Article 7 bis) that the Member States be

(4) Commission Regulation (EC) No. 2176/96 of 13 November
1996 amending to scientific and technical progress Council
Regulation (EEC) No. 3922/91 — OJ L 291, 14.11.1996, p. 15.