Communication from the Commission to the Council, the European Parliament, the European Economic and Social committee and the Committee of the Regions - Results of the World Radiocommunication Conference 2003 (WRC-03)
Date: 2003-11-19
Institutions: European Commission
Subjects: International Telecommunication Union, international conference, international negotiations, regulation of telecommunications, satellite navigation, telecommunications policy, transmission network, waveband

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.11.2003
COM(2003) 707 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL,
THE EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND
SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

Results of the World Radiocommunication Conference 2003 (WRC-03)

TABLE OF CONTENTS

1.

2.

3.

3.1.

3.2.

3.3.

3.4.

3.5.

4.

5.

6.

7.

8.

Introduction .................................................................................................................. 3

The Impact of WRC-03 on EU Policies....................................................................... 4

Assessment of specific Issues in the Light of EU Priorities......................................... 6

Third Generation (3G) Mobile Communications (IMT-2000): ................................... 6

Satellite Navigation Systems (GALILEO):.................................................................. 7

Public Protection and Disaster Relief........................................................................... 9

Radio Local Area Networks (RLAN) .......................................................................... 9

Other Broadband Access Platforms ........................................................................... 10

Implementing WRC-03 results in the European Union ............................................. 14

Agenda for the next Conference (WRC-07)............................................................... 16

European Coordination and Conference Organisation............................................... 19

The ITU Spectrum Coordination Process and the European Union .......................... 20

Conclusions ................................................................................................................ 21

GLOSSARY…………………………………………………………………………..………22

2

1.

INTRODUCTION

The ITU World Radiocommunication Conference 2003 (WRC-03) took place over four
weeks in June and July 2003, providing a global framework for negotiations between
over  2500  delegates  representing  150  countries  and  other  interests  on  updating  the
allocation of the radio spectrum and its usage conditions across the world as defined by
the ITU Radio Regulations.

The  results  obtained  at  WRC-03  constitute  the  last  milestone  in  a  preparation  process
which  was  conducted  over  the  last  three  years.  For  Europe,  it  involved  the  radio
spectrum  experts  from  national  administrations  cooperating  within  CEPT1 
in
establishing  common  European  negotiation  positions2.  The  European  Commission
supported this process by identifying the European Union3 policy objectives relevant in
the  context  of  the  negotiation  agenda4.  Both  the  EU  objectives  and  the  CEPT
negotiating positions were validated by the Council of Ministers5.

This  Communication  aims  to  respond  to  the  request  formulated  by  Council  to  the
Commission  to  report  on  the  results  of  WRC-03.  Therefore,  this  Communication
intends to:

(cid:1)  highlight the implications of the Conference results for EU policies (sect. 2);

(cid:1)  assess the achievement of EU objectives at WRC-03 for specific issues (sect. 3);

(cid:1)  identify possible regulatory action by the European Union post-WRC-03 (sect. 4);

(cid:1)  consider EU interests potentially at stake at the next Conference,WRC-07 (sect. 5)

(cid:1)  evaluate the WRC-2003 negotiation process (sections 6 and 7).

Further  information  on  salient  negotiating  items,  relevant  EU  policies,  and  the  EU
context in radio spectrum can be found in the Commission Communication prepared in
view of WRC-03, which also provides a list of all the 48 Conference agenda items.

1

2

3

4

5

See glossary for explanation of acronyms.
So-called European Common Proposals, ECPs. See http://www.ero.dk
Strictly  speaking,  the  European  Community  (first  pillar  of  the  EU).  However,  for  reasons  of
clarity, and since the distinction between pillars is expected to be removed soon, the term “EU”
is used throughout, except for specific references (e.g. “EC Treaty”).
COM(2003) 183.
Council Conclusions 9131/03.

3

                                                
2.

THE IMPACT OF WRC-03 ON EU POLICIES

Before  analysing  Conference  outcomes  for  specific  ITU-defined  radio  services  and
technologies,  it  is  meaningful  to  assess  the  main  results  of  the  WRC-03  negotiations
within the overall context of established EU policies.

Information Society

The  EU’s  goal  for  this  policy  is  to  ensure  that  Europe's  citizens,  businesses  and
governments  can  be  provided  with  increasingly  rich,  advanced  and  diversified
information services. This objective has been supported by the Conference’s decisions,
in  particular  to  harmonise  RLAN  spectrum  globally,  enabling  advanced  broadband
radio access networks to continue the rapid progress in this sector  currently underway
with wi-fi 6, and as a key contribution to the eEurope broadband objectives7. A second
important  decision  ensured  the  protection  of  IMT-2000  mobile  services’  operation  in
Europe  (a.k.a.  third  generation  or  “3G”),  while  at  the  same  time  the  Conference  has
begun preparations for the future spectrum requirements of advanced mobile networks.
The  WRC  results  also  promote  alternative  means  of  providing  broadband  information
services, via satellite platforms linking users on land, in aircraft and on ships.

Transport

The  common  transport  policy  aims  to  develop  an  integrated  transport  system  in  the
European Union, inclusive of  all  transport  modes.  Of  great  relevance  to  the  European
Union  were  the  WRC  discussions  affecting  the  Galileo  satellite  radionavigation
system,  which  concluded  with  a  wholly  positive  result  for  this  European  project.
Aviation services, particularly exposed to harmful interference, are supported in the EU
by  the  Single  European  Sky  initiative8.  Essential  aeronautical  systems,  such  as
primary radar and DME were protected from RNSS and other services. Another element
of  EU  transport  policy,  maritime  navigation9,  was  enhanced  via  decisions  on  ESVs
(Earth Stations on Vessels), but also on radio-based safety procedures at sea.

Research and Development

The objective of  research  and technology  policy  in  the  European  Union  is  to  enhance
the  gains  in  competitiveness  which  technological  innovation  can  bring  to  European
Society  by  coordinating  national  and  EU  policies  and  encouraging  the  networking  of
research teams. A major element of this policy is the funding of significant amounts of
pre-competitive  research  and  development  by  the  EU,  including  for  commercial
wireless technologies and applications, but also to support scientific activities, such as
the  Radio  Astronomy  service.  The  implementation  of  the  results  of  EU-sponsored
research in wireless technologies was supported by the Conference decisions to regulate
the  access  to  spectrum  of  IMT-2000  systems  and  systems  beyond,  and  of  various

6

7

8

9

IEEE 802.11b standard operating at 2.4 GHz.
http://europa.eu.int/information_society/eeurope/2005/index_en.htm
http://europa.eu.int/comm/transport/air/single_sky/reform_en.htm
http://europa.eu.int/comm/transport/maritime/index_en.htm

4

                                                
satellite platforms10. Additional frequencies were also granted to the Space Research
Service at 26 GHz, to be used by space telescopes to send high data streams to Earth.

Space Strategy

Like  the  radio  spectrum,  space  represents  an  important  strategic  resource  for  the
European Union to implement some of its broader goals in areas such as broadcasting,
communications, sustainable transport and mobility, weather forecasting, monitoring of
environmental  changes,  and  responses  to  emergencies.  The  WRC  results  have  been
favourable to these space-based policies, as they have extended the protection given to
the active Earth Exploration Satellite Service in the 5  GHz range,  while a  spectrum
allocation was given to EESS sensor systems in the 432-438 MHz band, to be used to
carry out studies in global warning.

Audiovisual Policy

WRC-03 did not address directly the main radio spectrum issue currently concerning
EU audiovisual policy, the switchover process from  analogue  to digital  broadcasting.
The technical bases for coordinating digital broadcasting transmissions and sharing the
spectrum  in  Europe  will  be  developed  at  the  ITU  Regional  Radiocommunications
Conference  due  to  begin  next  year  (RRC-04/06).  Most  of  the  technical  work  on
broadcasting  at  WRC-03  was  concerned  with  reviewing  the  conditions  of  use  of  high
frequency  (HF)  bands  for  short-wave  (SW)  radio,  in  order  to  encourage  the
introduction  of  spectrum-efficient  technologies  such  as  the  new  digital  DRM  system.
WRC-03  decided  to  move  European  radio  broadcasters  within  the  7  MHz  range  from
2009  onwards,  and  they  will  now  have  to  share  part  of  this  band  with  other  services.
However,  a  full  re-organisation  of  the  HF  bands  could  not  be  accomplished  at  this
conference,  and  this  issue  will  be  reviewed  at  WRC-07  (see  section  5).  The  new
Broadcasting Satellite Service plan agreed at WRC-00 was also reviewed, as was the
possibility for other radio services to use parts of the UHF/VHF terrestrial broadcasting
bands. This issue will be addressed again at the next conference.

Civil Protection Coordination

This  EU  policy  aims  to  improve  the  coordination  and  functionality  of  national
intervention  teams  from  the  EU  Member  States,  including  the  interoperability  of
communication equipment. WRC-03 was concerned with seeking harmonised spectrum
for  the  implementation  of  future  advanced  solutions  at  global  or  regional  level.  The
different  regions  of  the  ITU  identified  their  own  bands  for  PPDR  and,  while  some
harmonisation has been established between Region 2 (Americas) and Region 3 (Asia-
Pacific), no global harmonisation was possible, in particular on the band already used
by Europe for PPDR11. Furthermore, while regionally-harmonised spectrum expected to
be used for digital narrowband PPDR systems was identified by all regions, Europe did
not identify spectrum at higher frequencies for future advanced PPDR  systems, unlike
other regions. Thus, progress on this issue from the EU’s point of view was limited.

10

11

As  well  as  creating  new  demand  for  spectrum,  RTD  can  also  provide  both  challenges  and
solutions  to  the  regulation  of  interference  between  wireless  services.  See  the  recent  EC
workshop at http://www.cordis.lu/ist/directorate_d/cnt/pubar/wshop/wshop_101003.htm
CEPT ERC Decision 96(03).

5

                                                
3.

ASSESSMENT OF SPECIFIC ISSUES IN THE LIGHT OF EU PRIORITIES

The  policy  priorities  of  the  European  Union  at  WRC-03  were  described  in  a
Commission  Communication  before  the  Conference  and  endorsed  by  the  Council  of
ministers.  With  regard  to  the  WRC-03  agenda  items  of  particular  relevance  to  EU
policies, the following principal objectives were defined:

(cid:1)  Protecting  the  spectrum  allocations  gained  in  WRC-2000  by  IMT-2000  and
GALILEO, in order to further Information Society goals as well as transport policy
objectives;

(cid:1)  Making progress towards regionally and globally harmonised frequencies for PPDR
(Public  Protection  and  Disaster  Relief)  systems,  in  assistance  to  the  EU  civil
protection policy.

(cid:1)  Supporting  the  establishment  of  alternative  wireless  access  platforms,  and  in
particular of Radio Local Area Networks (RLANs), in order to increase competition
and improve service provision for the benefit of the consumer.

Here follows a description of what was achieved at WRC-03 for specific issues related
to policy objectives:

3.1.

Third Generation (3G) Mobile Communications (IMT-2000):

Concerning 3G systems in Europe, it was essential to ensure that IMT-2000 systems
could  operate  without  undue  technical  restrictions  in  a  spectrum  band  chosen  by
Europe  by  protecting  such  systems  from  harmful  interference  by  Asian  broadcasting
(sound)  satellites.  At  the  same  time,  the  encouragement  which  this  protection  could
provide to the global harmonisation of spectrum for IMT-2000 was important.

The  European  Union  has  decided  to  make  the  band  2500-2690  MHz  available  by  1
January  200812  for  IMT-2000,  in  addition  to  the  frequencies  already  licensed  for  the
first 3G services13. However, part of this band will also be used outside Europe by the
broadcasting-satellite (sound) service (BSS) to be launched by some Asian countries.

Difficult negotiations took place on this agenda, in particular between Asian delegations
with conflicting interests and policies concerning the provision of wireless services. The
protection modalities finally agreed at the Conference foresee a combination of power
emission “hard-limits” below a certain elevation angle  under  which  BSS  satellites can
be  visible  from  Europe,  with  the  obligation  for  administrations  to  “co-ordinate”  their
systems  (i.e.  ensure  they  do  not  interfere  with  each  other)  beyond  this  angle.
Furthermore, some procedures in the ITU Radio Regulations were “tightened” to ensure
that administrations would apply the constraints imposed on BSS systems.

12

13

CEPT ECC Decision (02)06, pursuant to Mandate 4 of the European Commission.
Note that the “edges” of the band (20 MHz either side), also allocated to MSS by the ITU, might
be used by the satellite component of IMT-2000 in Europe. A final decision has not been taken.

6

                                                
This  result  satisfies  the  European  request  for  strict  protection  of  the  bands
foreseen  in  Europe  to  accommodate  IMT-2000  systems  as  of  2008.  However,  the
risk  of  interference  to  terrestrial  mobile  systems  by  BSS  remains  greater  in  Asia,  and
this  decision  will  therefore  not  motivate  countries  in  this  region  to  choose  the  2500-
2690 MHz band for IMT-2000 already selected by Europe, thus reducing the potential
for long-term global harmonisation14.

The  second  issue  for  IMT-2000  at  the  Conference  concerned  the  definition  of
future work on advanced mobile systems, including IMT-2000. The EU position on
this  topic  was  to  keep  all  options  open  for  additional  spectrum  identification  in  the
future for  IMT-2000 and for systems beyond  IMT-2000, on the basis of  actual market
experience and technological progress. The migration between mobile technologies is a
long-term evolutionary process, and it was preferable not to take premature decisions
on  a  further  mobile  generation  while  third  generation  services  are  becoming
commercially  established,  but  rather  to  leave  some  time  for  industry  and  operators  to
develop services and applications in a stable regulatory context.

Europe’s  position  at  the  Conference  was  that  there  would  be  a  need  for  additional
spectrum for advanced terrestrial mobile systems at some point beyond 2010. However,
more  visibility  in  the  market-place  was  required  before  addressing  in  detail  the
possibility of further additional frequencies for future mobile systems. Furthermore, any
new  identification  of  spectrum  for  these  systems  would  need  to  be  based  on
technological progress and on a thorough analysis of the amount of additional spectrum
needed and where to identify it. Europe’s request to ITU to continue such studies on
the future development of IMT-2000 and systems beyond, and address this question at
WRC-0715 was supported by the Conference and in line with EU objectives.

3.2.

Satellite Navigation Systems (GALILEO):

Europe’s objective was the confirmation by WRC-03 of the technical characteristics of
the  frequency  allocation  granted  to  satellite  navigation  in  WRC-00  to  ensure  that
Galileo  could  provide  all  its  planned  services.  For  this  to  happen,  Galileo,  other
RNSS systems and civil aviation systems had to co-exist, without unduly constraining
each  other.  Concerning  issues  of  future  coordination  of  the  various  satellite
radionavigation  systems,  the  EU  objective  was  to  avoid  any  possible  regulatory
discrimination against Galileo. An equitable access to the allocated spectrum between
RNSS systems was essential, on the basis of interoperability and mutually agreed levels
of interference.

In  order  to  ensure  adequate  protection  to  other  important  services,  such  as
radionavigation aids for civil aviation, some operational characteristics of RNSS in two
of  the  downlink  bands  identified  in  WRC-00  were  left  subject  to  confirmation  at  this
Conference.  The  discussion  on  the  1215-1300  MHz  band  involved  the  protection  of
aeronautical primary radar. The result, accepted by the RNSS and aviation communities,
was  to  deal  with  reciprocal  protection  via  coordination,  rather  than  operating  limits.
Concerning band 1164-1215 MHz, the agreement that was finally adopted to protect the
operation  of  aeronautical  Distance  Measuring  Equipment  systems  foresees  maximum

14

15

This issue is however to be revisited at the next Conference, see section 5.
See also section 5.

7

                                                
power  emission  limits  to  be  shared  by  all  RNSS  systems.  The  result  is  positive  for
aviation, while it does not place an undue operational burden on Galileo.

Another issue which assumed considerable importance during the Conference related to
satellite  coordination  procedures  to  be  applied  between  different  RNSS  systems
and  other  satellites  in  the  context  of  an  industry  moving  away  from  a  historical
monopoly  system  (GPS)  to  a  multi-system  environment.  This  issue  was  held  up  until
the  very  end  of  the  Conference  by  the  uncompromising  opposition  to  formal  ITU
coordination of the US delegation, and could have had a negative impact on consensus
achieved  in  other  areas.  Unjustified  assertions  that  Europe  was  trying  to  get  an
“advantage” for Galileo with respect to other RNSS systems (notably the future GPS-3
system) via ITU coordination were also unhelpful to finding a rapid solution.

The  position  consistently  sustained  by  Europe  in  favour  of  objective  and  non-
discriminatory (so-called “Article 9”) ITU coordination was supported by a majority of
delegations, but despite the very slow pace of progress in the negotiation, Europe opted
to  avoid  a  Conference  vote  on  this  question,  but  rather  to  continue  seeking  common
ground and final consensus. In spite of sustained external interventions at all levels, the
cohesion of the European delegations, fostered by the Commission’s policy guidance
before  and  during  the  negotiations,  together  with  the  skill  and  commitment  of  the
European negotiators on this issue, were instrumental in the successful resolution of this
topic for the EU, with technical compromises which fully supported the overall policy
objectives for Galileo.

After long debates, the Conference finally accepted the principle of full co-ordination
of  all  RNSS  systems  in  ITU.  The  ITU  procedures  for  co-ordination  amongst  all
RNSS  systems  (existing  as  well  as  future  systems)  are  applicable  as  of  January  1st,
2005. This  means that all satellite systems which  are  “filed”  (i.e.  notified  officially  to
the  ITU)  after  mid-2004  will  need  to  co-ordinate  with  existing  systems.  Some
provisions  have  also  been  adopted  to  address  fictitious  RNSS  satellite  systems  (so-
called "paper satellites”), by introducing  a  "milestone process"  (i.e.  checking  evidence
such as existence of contracts to build or launch satellites to determine whether notified
systems are "real").

The overall results at WRC-03 are very good for Europe and the Galileo system, as
the Conference has:

(cid:1)  clarified and stabilised the spectrum usage conditions for RNSS systems, thereby
making  the  operating  conditions  of  Galileo  predictable,  while  protecting  other
important services, and notably aviation; signal specifications developed in the frame
of the Galileo definition studies have been confirmed.

(cid:1)  introduced through the RNSS co-ordination process a structured mechanism to
share  the  spectrum  equitably  between  real  current  and  projected  RNSS  systems,
avoiding  an  “informal”  bilateral  coordination  process  outside  of  the  ITU,  which
would have been open to GPS playing a dominating role.

Note finally that the Radio Regulations for RNSS are not to be reviewed once again at
WRC-07, thus providing more operating certainty to the new European RNSS system.

8

3.3.

Public Protection and Disaster Relief

The  European  Union’s  objective  was  to  obtain  spectrum  harmonisation  decisions  at
WRC-03  which  could  assist  in  improving  the  long-term  coordination  abilities  and
equipment  functionality  of  European  civil  protection  teams,  in  view  of  the  reinforced
coordination  mechanisms  established  in  the  EU  for  this  type  of  intervention.  Greater
spectrum  harmonisation  within  the  EU  could  support  improvements  in  equipment
interoperability in Public Protection and Disaster Relief actions by the EU.

However, it was understood that given the current extensive fragmentation in spectrum
use  in  PPDR,  and  the  lack  of  a  common  vision  on  how  to  address  this  sector’s
operational  requirements,  any  additional  step  towards  spectrum  harmonisation  would
have to be gradual.

WRC-03  considered  possible  global  and  regional  spectrum  harmonisation  for  future
public protection and disaster relief systems to address the fact that significant amounts
of spectrum are provided for security and emergency functions on a national basis, but
often using different frequency bands. Most PPDR systems are also presently based on
narrow-band  analogue  technologies,  and  any  decisions  taken  on  harmonising  radio
spectrum  for  future  technologies  could  assist  in  the  implementation  of  new  data-rich
digital systems better supporting the modern needs of the emergency services.

WRC-03  did  not  succeed  in  identifying  common  global  bands  for  PPDR.  The
Conference  adopted  a  resolution  encouraging  administrations  to  use  spectrum
harmonised  on  a  regional  basis,  while  maintaining  national  flexibility.  For  future
broadband  PPDR  applications  (live  video,  etc.),  other  regions  outside  Europe  have
identified specific frequency bands, thus providing emergency agencies and equipment
manufacturers  with  a  “roadmap”  for  the  future,  and  encouraging  investments  in  the
development  of  suitable  technologies.  However,  Europe  could  not  find  sufficient
internal consensus to associate itself to this approach, partly due a lack of agreement on
future needs of PPDR, partly because one of the bands (4900-4990 MHz) proposed by
other regions is already used by the military (NATO harmonised band).

The  European  Union’s  objective  of  seeing  some  progress  in  PPDR  spectrum
harmonisation has been achieved to a very limited  extent. The  digital  narrow-band
harmonised PPDR bands already identified by Europe have been confirmed by WRC-03
for  Region  1  (including  Europe),  but  not  for  the  rest  of  the  world.  This  will  not  help
European intervention teams operating outside Europe to communicate adequately with
the host country emergency services and to avoid interference problems.

3.4.

Radio Local Area Networks (RLAN)

The  identification  of  frequency  bands  in  the  5  GHz  area  for  wireless  access  systems
(WAS, including RLAN) at global level was a major objective for the European Union
at WRC-03, since it would drive down costs and increase the commercial opportunities
for these systems, and provide a favourable environment for the development of another
cost-effective  means  to  access  Information  Society  services.  Additional  bands  are
important to the growth of this application, since the  2.4  GHz  band  currently  used  by
RLANs will be increasingly prone to harmful interference and saturation in the future.
At  the  same  time,  the  protection  of  other  radio  services  already  using  the  5  GHz
frequency range was essential, while limiting operational constraints on all systems.

9

The  discussion  in  WRC-03  focussed  on  fostering  global  harmonisation  of  RLAN
equipment via the introduction of a global primary allocation for the mobile service at
5150-5350  MHz  and  5470-5725  MHz,  allowing  these  systems  to  share  the  spectrum
with aeronautical military radar and various commercial and scientific satellite services.
Such  an  allocation  would  also  protect  RLAN  systems  from  additional  constraints  that
could be imposed on them by new future services in these bands. Europe supported an
agreement  at  WRC-03  on  the  basis  of  the  mitigation  techniques  already  adopted  in
CEPT16, (notably the detection and avoidance by RLANs of channels being temporarily
used by aeronautical radar).

The  search  for  a  globally  harmonised  approach  was  made  more  difficult  by  the  many
different services already operating in various 5 GHz sub-bands, services that are also
important  to  EU  policies,  such  as  EESS  active  sensors  and  aeronautical  and  maritime
radar. Various regions of the world took different approaches to the protection of these
services. In particular, Europe considered that to protect EESS, part of the 5 GHz band
ought to be used by RLAN in an indoor environment only. A negotiating compromise
was  reached  on  this  issue,  allowing  outdoor  use,  but  encouraging  countries  to  take
measures to limit this use. WRC-03 has also explicitly de-coupled the means to achieve
the protection objectives for outdoor RLAN use from specific and mandatory mitigation
techniques.  This  is  in  line  with  EU  principles  and  approaches  on  the  placement  of
radiocommunications equipment on the market17, which enable interference  protection
to  be  achieved  via  specific  technical  methods,  while  leaving  open  the  possibility  for
future innovative technologies to meet the protection requirements in other ways.

The  EU’s  objectives  for  RLANs  were  achieved.  WRC-03  agreed  on  world-wide
primary  allocations  to  the  mobile  service  of  a  sizeable  amount  of  spectrum
(some 455 MHz) for RLANs in the required bands. The agreement will enable RLAN
systems  to  use  new,  less  cluttered  frequency  bands  around  5  GHz  and  foster  the
uptake of these wireless systems globally. Furthermore, since RLAN systems will move
easily  across  borders  due  to  their  low  costs  and  expected  licence-free  status,  global
regulatory  harmonisation  will  avoid  the  danger  to  other  radio  services  of  de  facto
market  harmonisation  by  the  importation  of  equipment  from  countries  adopting
different operating parameters.

3.5.

Other Broadband Access Platforms

Besides  RLAN,  there  were  other  issues  at  WRC-03  relating  to  the  provision  and
harmonisation  of spectrum for radio systems able  to provide other  means of access  to
high-bandwidth voice and data services.

3.5.1. High-Density Fixed Satellite Services

Commercially-viable HDFSS systems could be expected to contribute to the EU policy
objective  of  fostering  viable  platforms  for  future  broadband  interactive  services  in
competition to each other. Future frequency requirements for these systems were to be
actively considered,  though  in  ways  which  would  not  hinder  the  operation  of  existing
radio  services.  Any  further  global  harmonisation  of  operating  frequencies  could  also
drive costs down and increase the attractiveness of HDFSS services to the customer.

16

17

CEPT ERC Decision (99)23.
Directive 1999/5/EC on radio equipment and telecommunications terminal equipment (R&TTE)

10

                                                
The  issue  addressed  by  this  Conference  was  the  possible  identification  of  additional
frequency  allocations  for  satellite  systems  operating  with  small  inexpensive  user
terminals  to  provide  broadband  interactive  services.  In  general,  the  expected
proliferation of HDFSS Earth stations means that any technical coordination with other
services  on  a  site-by-site  basis  (as  happens  with  other  satellite  systems)  would  not  be
possible.

The decisions agreed at WRC-03 are consistent with the original EU objectives and
in line with the proposals of CEPT, and the possibility to deploy large networks of small
earth  stations  has  been  strengthened  by  economies  of  scale  on  user  terminals.  New
allocations  identified  below  20  GHz  are  considered  useful  for  commercial  services,
though costs for this technology need to be driven down further. Allocations have also
been  identified  in  the  40  GHz  range,  although  currently  the  technology  know-how  to
operate in these bands on a cost-effective basis does not exist yet.

3.5.2.

Broadband services in aircraft

The  EU  supported  the  development  of  regulatory  conditions  conducive  to  the
introduction  of  commercial  broadband  communication  services  within  aircraft.  Given
the international scope of aviation, a favourable global regulatory outlook for these new
services was particularly important to their success.

The negotiations at WRC-03 were motivated by the recent progress in the introduction
of  new  broadband  systems  on  board  of  aircraft  to  provide  “in-flight  access  to  the
Internet”  for  airline  passengers.  Some  countries  were  concerned  about  interference  to
their  terrestrial  systems  by  over-flying  aircraft  deploying  this  new  system.  Several
issues had therefore to be solved, notably concerning the specify levels of protection to
other services. After operational limitations to AMSS in this band were introduced, the
Conference  gave  the  AMSS  (aeronautical  mobile  satellite  service)  a  “secondary”
allocation, in its chosen band.

The results achieved in WRC-03 are in line with the European goal to support the
provision  of  ubiquitous  Information  Society  services,  including  within  aircraft,  by
fostering service competition between different approaches to delivering data services to
airline passengers.

3.5.3. Mobile Satellite Services (MSS)

The  European  Union  supported  at  WRC-03  the  enhanced  provision  of  spectrum  for
Mobile  Satellite  Service  systems,  as  an  alternative  means 
to  supply  mobile
communication  services  to  customers,  on  the  basis  of  realistic  market  projections,
while  protecting  other  relevant  radio  services  potentially  affected  by  new  MSS
allocations.

After  several  inconclusive  discussions  in  previous  Conferences,  WRC-03  was  able  to
identify an additional 2 x 7 MHz for MSS. This allocation in the 1518-1525 MHz and
1668-1675  MHz  frequency  bands  is  not  usable  in  all  regions  of  the  world,  but  it
provides MSS operators with an improved regulatory environment to deliver enhanced
broadband services mainly to professional users requiring voice and data services whilst
on  the  move  outside  the  range  of  cellular  networks.  Another  request  by  the  MSS
community for more spectrum in the congested bands below 1 GHz was turned down.

11

While  a  new  truly  global  MSS  allocation  would  have  been  preferable  for  satellite
operators, the results obtained at the Conference are consistent with the original CEPT
negotiating proposals, and globally in line with the EU policy goal of aiming for the
widest possible penetration of advanced services.

3.5.4. High Altitude Platform Stations (HAPS)

The  EU  supported  at  WRC-03  sufficient  spectrum  for  HAPS,  as  an  alternative  and
complementary network topology for the radio delivery of various broadband services,
but ensuring the adequate protection of other existing services, in particular IMT-2000
base stations on the ground.

Future aerial platforms operated from aircraft or airships high in the atmosphere (around
20  Km)  are  intended  to  replace  a  large  number  of  terrestrial  repeaters  and  provide
additional  network  flexibility.  WRC-03  investigated  the  possible  identification  of
additional frequency allocations for HAPS besides the current allocation around 47 GHz
where operation is sometimes constrained by  water absorption  in  the atmosphere.  The
result was that outside Europe new bands at 28 and 31 GHz have been made available in
additional  American  and  Asian  countries.  In  Europe,  the  protection  of  terrestrial  and
scientific services precluded this option.

WRC-03  also  reviewed  the  constraints  placed  on  HAPS  operation  in  the  IMT-2000
spectrum at 2.1 GHz that were determined at WRC-00, and the appropriate regulatory
and technical provisions for the protection of other existing or planned fixed or mobile
services from high altitude platforms operating as IMT-2000 base stations.

For both these issues, the results were in line with the European positions and broadly
favourable to the development of viable HAPS systems in the future.

3.5.5. Other Issues

WRC-03 also addressed other issues of interest to the EU. Here are the main ones:

(cid:1)  Earth  Stations  on-board  Vessels  (ESVs):  the  issue  addressed  the  provision  of
broadband  voice  and  data  services  on  ships.  Some  countries  were  concerned  about
interference with their on-shore terrestrial systems, in particular telecom microwave
links in the Fixed Service, but an acceptable compromise was reached, allowing new
service via ESVs to go forward.

(cid:1)  Protection of aviation: besides the negotiations concerning  coexistence of aviation
services  with  RNSS  (see  section  3.2),  air  transport  issues  were  addressed  in  the
protection  of  Airborne  Weather  Radar  and  Microwave  Landing  Systems  in  the  5
GHz band, which was satisfactorily achieved. A primary allocation was also given to
the Aeronautical Mobile Service above 108 MHz, with some restrictions on the types
of  aviation  services  provided  to  protect  FM  radio  broadcasts.  This  allocation  will
assist in the future introduction of GBAS, a system used to improve radionavigation
accuracy.

12

(cid:1)  Duration of ITU satellite frequency assignments: some developing countries used
a particular procedural agenda item to propose that satellite licences be strictly time-
limited,  beyond  which  period  frequencies  and  orbital  slots  would  automatically  be
returned to  the  ITU for  further  assignment. This proposal, driven by the  wish  for  a
more  “equitable  sharing”  of  resources,  was  presented  with  various  provisions  to
protect some acquired rights. However, the principle of time limitation itself was not
acceptable to the great majority of countries and to the whole satellite industry, and
was therefore not retained18.

(cid:1)  Spectrum sharing between military  and commercial users: the satellite  industry
requested  WRC-03  to  agree  to  a  reduction  in  the  minimum  size  of  FSS  receiver
dishes operating in the 14 GHz band (currently 4.5 m). This large dish diameter had
been  introduced  to  limit  the  number  of  FSS  systems  sharing  this  band  with  US
military and scientific systems. Europe essentially achieved its  position  of  enabling
more FSS services to use this band by allowing smaller and cheaper satellite dishes
(so-called VSAT, min. 1.2 m diameter), but with adequate regulatory provisions for
the protection of the other services.

(cid:1)  Highly  Elliptical  Orbit  Satellites  (HEOs):  WRC-03  was  seeking  to  regulate  these
new  satellite  systems,  which  because  of  their  eccentric  orbit  can  potentially  affect
many other radio systems. Given the  complexity of this issue, progress  achieved  at
this Conference was limited, and further studies will be needed, for instance on the
possible  modalities  for  HEO  BSS  systems  to  share  the  620-790  MHz  band  with
terrestrial broadcasting.

(cid:1)  Radio Amateur issues: WRC-03 decided to move out the radio broadcasting service
from the 7100-7200 KHz band by 2009 to allow the radio amateurs to have a global
fully-harmonised 200 KHz in this short-wave band, reversing a decision taken in an
earlier Conference (Cairo 1938). The Conference also removed a global requirement
for qualified radio amateurs to be proficient in Morse code.

18

Equitable  access  to  radio  spectrum  resources  is  also  being  debated  in  the  context  of  the  U.N.
World Summit on the Information society (WSIS), see http://www.itu.int/wsis/index.html

13

                                                
4.

IMPLEMENTING WRC-03 RESULTS IN THE EUROPEAN UNION

WRC-03  results  now  need  rapid  implementation  in  the  European  Union19,  to
enhance  the  common  and  beneficial  use  of  the  radio  spectrum.  Until  now,
implementation of WRC results of particular EU interest have been undertaken by the
Member  States  administrations  acting  individually  or  working  together  in  CEPT,
without the possibility to legally ensure an appropriate co-ordinated implementation at
EU  level20.  The  recent  decision  of  the  European  Community  to  strengthen  spectrum
coordination via the Radio Spectrum Decision21 provides a mechanism to ensure legal
certainty to solutions coordinated at  EU level  by  a  constructive  collaboration  between
national  administrations,  the  European  Commission  and  CEPT.  Where  necessary,  the
Commission issues mandates to CEPT for the development  of  technical  implementing
measures to harmonise radio spectrum use in the European Union. Such measures  can
be made legally binding in the EU by a Commission Decision where appropriate, after
being approved by a majority of the Member States in the Radio Spectrum Committee.

Possible  actions  to  assist  implementation  by  transposing  WRC-03  results  into  EC
legislation include:

RLAN:  the  progress  laboriously  achieved  at  WRC-03  on  the  global  harmonisation  of
the 5 GHz band is an incentive for further European harmonisation, since there are
still differences in regulation between EU Members, with for instance some of them not
allowing RLANs in the upper 5 GHz frequency band (5470–5725 MHz). This issue has
already been discussed in the Radio Spectrum Committee (RSC) and is scheduled to be
worked  on  further  in  the  light  of  the  WRC  results.  Progress  in  allowing  second
generation RLAN systems access to European markets will need to be rapid, in order to
remain  “in  synch”  with  technological  and  commercial  developments,  and  with  the
regulatory  decisions  in  other  countries,  notably  the  US,  to  avoid  the  inconvenience  of
systems not allowed in Europe proliferating across borders anyhow.

Mobile Communications:  the  Commission  has  already  mandated  CEPT  to  undertake
studies on the channelling of the European additional bands for IMT-2000. The result of
this  mandate  is  due  by  November  2004,  following  upon  which  the  Radio  Spectrum
Committee  may be  used to  transpose  in  EC  legislation  the  spectrum  harmonisation  of
3G systems achieved thus far in Europe.

19

20

21

it 

improvements 

is  also  considering 

The US administration has already planned a structured implementation of the relevant results of
WRC-03,  see  http://www.ntia.doc.gov/ntiahome/press/2003/ImplementationPlan080703.htm,
its  WRC  preparatory  process,  see
while 
http://www.ntia.doc.gov/ntiahome/frnotices/2003/wrcrfc_10202003.htm
Besides  the  requirements  stipulated  in  the  ITU  Radio  Regulations.  However,  as  addressed  in
section  7,  ITU  Member  States  retain  considerable  flexibility  in  whether  to  apply  or  not  many
such  regulations,  while  any  non-compliance  is  not  sanctioned  in  a  tangible  form,  but  only  via
“peer pressure”. Indeed, some countries still resort to active “jamming” of foreign TV or radio
broadcasts they do not approve of.
Decision  No  676/2002/EC  of  the  Parliament  and  Council  of  7  March  2002  on  the  regulatory
framework of the radio spectrum policy of the European Community.

to 

14

                                                
GALILEO:  this  European  programme  has  successfully  entered  its  development  and
validation phase with the creation of the Galileo Joint Undertaking, which will prepare
the  operational  phase  of  the  programme  leading  up  to  the  selection  of  a  private
concessionaire for the deployment and the operations of the full satellite constellation.
The  first  two  satellites  have  already  been  contracted  for  early  usage  and  validation  of
the frequencies allocated at WRC-00 and confirmed at WRC-03.

It  is  necessary  to  ensure  that  the  European  Space  Agency  is  enabled  to  use  Galileo
frequencies  during  the  development  and  validation  phase  of  Galileo,  as  well  as  the
Galileo concessionaire during the operational phase.  For this purpose,  those European
national frequency administrations  that  have  filed  for Galileo  frequencies  at the  ITU22
would  give  the  rights  to  use  the  Galileo  frequencies  to  the  Galileo  Joint  Undertaking,
holding  the  rights  for  ESA  in  the  development  phase  and  to  the  future  Supervisory
Authority23 which will act similarly with respect to the Galileo concessionaire.

PPDR:  this  topic  is  not  explicitly  on  the  WRC-07  agenda,  and  Europe  will  need  to
consider  its  own  approach  on  this  issue  in  the  light  of  the  WRC-03  results.  This
spectrum  dossier  will  need  to  be  associated  more  closely  to  EU  Civil  Protection
Coordination mechanisms, notably to establish some clarity on the different medium-
and  long-term  operational  requirements  of  the  two  distinct  elements  in  this  sector
(Public  Protection,  which  is  typically  permanent  and  long-term,  and  Disaster  Relief,
which  is  not).  A  high-level  debate  on  the  underlying  EU  objectives  for  spectrum
harmonisation concerning PPDR is also planned in the Radio Spectrum Policy Group.

An  initial  EU  action  to  validate  the  benefits  of  a  harmonised  approach  may  be  to
encourage the full harmonised uptake of the 380-385 and 390-395 MHz bands already
identified  in  Europe  for  narrow-band  digital  systems  used  by  emergency  services.
Further actions may then be considered for more advanced systems in the longer term,
with the objective of supporting policy requirements and RTD efforts in this field24.

22

23

24

It is to be borne in mind that these filings are not identical and have been registered by ITU at
different dates.
COM(2003) 471 final, Commission Proposal for a Council Regulation on the establishment of
structures for the management of the Regulation on the establishment of the European satellite
navigation programme.
Such  as  the  MESA  project  (http://www.projectmesa.org/)  and  the  EU  IST  programme
http://europa.eu.int/information_society/istevent/2003/cf/vieweventdetail.cfm?ses_id=112&even
tType=session

15

                                                
Modification of use of TFTS spectrum: TFTS (Terrestrial Flight Telephone Systems),
originally  expected  to  provide  telephone  facilities  to  airline  passengers,  has  not  been
successful.  The  spectrum  identified  for  this  service  is  therefore  to  be  used  for  other
applications. One of the two bands (1670-1675 MHz) originally harmonised in Europe
for TFTS has now been allocated to MSS by WRC-03 (see section 3.5.3). To meet the
EU’s  goal  of  furthering  an  effective  spectrum  harmonisation  in  Europe,  the  second
TFTS  band  (1800-1805  MHz)  will  also  need  to  be  considered  for  one  or  more  new
harmonised applications25. The Commission  intends to  work with  the Radio  Spectrum
Committee and with CEPT to this purpose.

5.

AGENDA FOR THE NEXT CONFERENCE (WRC-07)

Each  World  Radiocommunication  Conference  has  to  draft  the  agenda  for  the  next
Conference.  This  allows  administrations  to  begin  immediately  the  usually  prolonged
preparations, including compatibility and demand studies, for various issues.

In view of the inflation in the number and scope of agenda items at recent Conferences,
the  EU  objective  was  to  support  initiatives  to  limit,  prioritise  and  rationalise  the
agenda of the next Conference (WRC-07).

The  desire  to  limit  the  number  of  topics  and  to  reflect  real  spectrum  needs  in  the
Conference ensured that a more limited agenda of 21 items was drafted, pending final
approval  by  the  ITU  Council.  The  WRC-07  agenda  items  with  potentially  greatest
impact on EU policies will be:

IMT-2000 and systems beyond: WRC-07 has been tasked to debate “frequency related
matters”  for  IMT-2000  and  systems  beyond  IMT-2000.  The  timeline  for  the
introduction  of  systems  beyond  is  expected  to  be  around  2015  to  2020.  WRC-07  will
look at the spectrum available in relation  to  what  is  needed  for  these  mobile  systems,
with new spectrum identified perhaps in  2010.  Frequency  bands currently used by  2G
systems will likely be considered for transition to systems beyond 3G. The dynamics of
this  issue  will  be  strongly  dependent  on  the  market  demand  for  advanced  mobile
systems  in  the  years  intervening  between  the  two  Conferences,  as  well  as  on  RTD
developments.

WRC-07 will also study the possibility of identifying bands below 600 MHz for IMT-
2000, since coverage is much greater at these frequency ranges and therefore networks
potentially cheaper, thus assisting developing countries and sparsely-populated regions
to introduce third generation-type systems in the future.

Some  EU  activities  will  affect  the  preparation  of  WRC-07  for  this  issue.  Besides  the
Commission mandate to CEPT on the IMT-2000 extension band, the work programme
of  the  Radio  Spectrum  Policy  Group  includes  a  high-level  analysis  of  the  relative
spectrum  needs  for  different  commercial  wireless  communications  access  platforms,
with the aim to  enable  Europe  to  agree  on  a  strategy  to  support  this  important  sector.
The EU RTD IST programme is currently negotiating a significant amount of funding to
mobile  technology  projects.  A  number  of  them,  under  the  umbrella  of  the  Wireless
World Initiative, are directly  related  to the identification of spectrum requirements  for
advanced mobile systems and will be of assistance in this respect.

25

The band allocated to MSS at WRC-03 may also be considered for additional harmonised uses.

16

                                                
While  the  protection  of  IMT-2000  spectrum  from  satellites  was  already  debated  by
WRC-03  (see  section  3.1),  other  satellite  systems  also  have  allocations  in  the  band,
besides  BSS  (sound),  and  WRC-07  will  review  the  sharing  conditions  between  all
terrestrial and satellite systems in the 2500-2690 MHz band. In the light of the planned
use of this spectrum in Europe for IMT-2000, possibly from 2008, Europe will need to
ensure its interests are safeguarded by an adequate protection of its mobile networks.

Future  spectrum  needs  for  aviation:  the  changing  needs  for  spectrum  dedicated  to
aeronautical systems will be  debated  at the  next Conference, notably the requirements
of  line-of-sight  air-ground  communications,  where  the  allocated  VHF  band  in  Europe
might  reach  saturation  by  2008,  as  well  as  the  spectrum  requirements  of  aeronautical
telemetry systems.

The European Union will wish to ensure its interests in this area are protected (Single
Sky policy) and seek to provide the aeronautical sector with sufficient spectrum to
plan the required capacity growth to overcome congestion, while increasing safety, and
at  the  same  time  promoting  the  timely  introduction  of  more  spectrum-efficient
technologies  in  this  sector.  The  formal  relationship  recently  established  between  the
European  Commission  and  Eurocontrol26,  and  the  creation  of  the  European  Aviation
Safety  Agency27,  will  be  of  assistance  in  translating  policy  objectives  into  technical
positions for WRC-07.

Reorganisation  of  HF  bands  and  other  broadcasting  issues:  high-frequency  (or
short-wave) spectrum is essential to transmit radio signals over a long distance and
the  pressing  and  often  conflicting  requirements  for  these  bands  necessitate  some  in-
depth consideration concerning band allocation and protection, in particular for short-
wave broadcast radio and the maritime mobile service, thus affecting the relevant EU
audiovisual and transport policies. The review is due to address the range from 4 MHz
to  10  MHz,  with  the  exception  of  the  decision  taken  around  7  MHz  for  the  radio
amateurs (see section 3.5.5). This issue was on the WRC-03 agenda, but was generally
not  considered  mature  enough  to  be  finalised  at  this  Conference,  given  the  strong
opposition of mobile and fixed interests. The complex undertaking of restructuring the
HF  frequencies  has  political,  social  and  cultural  elements  associated  to  it,  and  is
expected to be debated at length at WRC-07.

The  “core”  VHF  and  UHF  terrestrial  broadcasting  bands  will  also  be  addressed  once
again at WRC-07, following the results of the RRC04/06 planning conference, in view
of requests for allocations to mobile, mobile satellite and broadcasting satellite services
within them.

Support  for  scientific  uses  of  spectrum:  these  include  active  and  passive  Earth
Exploration  satellites  (EESS),  meteorological  satellites  and  space  research  systems,
which  are  all  relevant  to  EU  policies  in  the  areas  of  environment,  space,  and  RTD.
Further  spectrum  allocations  will  be  considered  for  EESS  at  9.8  GHz  and
meteorological satellites  at  18.3  GHz.  Protection  of  ESSS,  meteorological  and  Radio
Astronomy services will also be reviewed in 2007.

26

27

Council Decision 11053/02 AVIATION 121 of 17 July 2002.
See http://www.easa.eu.int/index.html

17

                                                
The  European  Commission  will  work  with  all  interested  parties  to  support  the
underlying  EU  policies  and  related  initiatives,  such  as  GMES28,  and  notably  with  the
European Space Agency, with whom an integrated framework of collaboration is being
put into place.

Review  of  procedures  and  requirements  of  GMDSS  (safety  and  distress
communications for shipping): this issue aims to assess whether the radio provisions for
this on-board system are adequate for the needs of all classes of shipping in the light of
the  experience  gained  to  date.  The  new  European  Maritime  Safety  Agency  of  the  EU
will be involved to ensure EU maritime safety interests are considered.

It  cannot  be  discounted  that,  given  the  rapid  pace  of  technological  progress  and
commercial  deployment  of  new  wireless  systems,  additional  issues  may  suddenly
require  some  attention.  Usually,  each  WRC  has  sufficient  flexibility  to  address  issues
not explicitly on its agenda, in particular by the bias of on-going studies in ITU working
groups.

What did not get into the WRC-07 agenda: various delegations requested that some
topical spectrum issues, notably concerning common spectrum access criteria for SRDs
(short-range  devices,  like  RFIDs,  medical  telemetry,  etc.)  and  UWB  (ultra  wideband
technology,  such  as  high-bandwidth  short-range  communication  systems)  ought  to  be
included explicitly in the agenda of WRC-07. These suggestions were  not  retained.  A
decision  on  how  to  allocate  “virgin”  frequencies  at  the  edge  of  the  radio  spectrum
(above 275 GHz) was also postponed to 2010, as so it was not considered essential for
the next Conference, as was a request to study the protection of the next generation of
extremely-sensitive radio telescopes, which are currently being planned, and which will
be implemented with the assistance of EU RTD funding29.

Technological  development  is  blurring  the  distinctions  between  ITU-defined  services,
such as between satellite systems (FSS, BSS, MSS)30. The issue of allocations to reflect
convergent applications between the fixed, broadcasting and mobile services is now on
the  agenda  for  the  Conference  after  WRC-0731,  though  it  will  likely  need  to  be
addressed in Europe earlier than this.

The  EU’s  approach  to  WRC-07:  The  European  Commission  will  accompany  the
WRC-07 process  as it  has done before, by co-ordinating EU positions and  interests at
the  Conference  while  relying  on  the  competent  work  of  European  experts  organised
within CEPT  to  prepare the  technical approaches of Europe  at  the  Conference,  and  to
negotiate them successfully.

28

29

30

31

See http://www.gmes.info/
Project RadioNET at ftp://ftp.cordis.lu/pub/improving/docs/ari_projects_brochure_radionet.pdf
Also within ITU services. For instance in the “terrestrial mobile” service, the market definitions
for cellular and PMR networks are becoming difficult to distinguish.
Via two WRC-10 preliminary agenda items, “to consider allocations to the mobile service in the
band  806-863  MHz  in  Region  1,  following  the  transition  of  analogue  to  digital  TV”,  and  “to
consider  the  progress  of  the  ITU-R  studies  concerning  the  development  and  regulatory
requirements of terrestrial wireless interactive multimedia applications”.

18

                                                
radio  plan  and 

It  is  increasingly  essential  for  policy-makers  to  direct  more  attention  to  complex
technical-regulatory  negotiations  that  take  place  in  the  radio  spectrum  domain.
Besides  WRC,  this  also  applies  to  spectrum  planning  conferences  such  as  the  recent
ITU  Regional
CEPT  Mastricht-02  digital 
in
Radiocommunication  Conference  RRC04-06 
broadcasting32.  A  degree  of  “policy  oversight”  ought  to  facilitate  the  emergence  of
consensus on  general policy orientations  and  choices before the technical  negotiations
begin  constraining  these  choices.  The  Commission  has  already  requested  the  Radio
Spectrum Policy Group33 to establish clear EU policy goals for WRC-07 that will feed
into the CEPT technical preparatory work. This approach will also be a useful baseline
for policy discussions that may take place with non-EU countries.

to  plan  for  digital  switchover 

forthcoming 

the 

It  is  also  foreseen  that  all  relevant  interests  in  Europe  will  be  associated  to  these
activities via public workshops and consultations, in order to assist in the preparation of
a Commission Communication on WRC-07 closer to the time of this conference, with
the intention of obtaining political support from the EU Council of Ministers.

6.

EUROPEAN COORDINATION AND CONFERENCE ORGANISATION

Coordination  among  EU  Member  States:  EU  delegations,  working  in  the  CEPT
framework  and  supported  by  the  Presidency  and  the  Commission,  closely  cooperated
during the WRC-03 negotiation process and succeeded in safeguarding the unity of the
EU’s international representation. The Commission took part in WRC-03 on behalf of
the  European  Union  in  line  with  the  Radio  Spectrum  Decision’s  provisions.  The
Commission’s participation was particularly significant for RNSS issues, where a team
working on behalf of the Galileo programme was instrumental in convincing many non-
European delegations of the merits of its position. In other areas affecting EU policies,
such as Information Society and Transport, the Commission’s presence was limited not
by  the  lack  of  interest  for  the  outcomes  of  the  negotiations,  but  by  the  difficulty  in
actively covering so many disparate issues over four weeks and hundreds of meetings.

The  relationship  between  CEPT  and  the  European  Commission  was  mostly
complementary  and  effective,  notably  in  the  negotiations  on  sensitive  dossiers.  The
significant cohesion displayed by EU delegations did not warrant the application of any
formal  EU  coordination  procedure  during  the  Conference.  This  cohesion  was  made
possible by the preparation of European Common Proposals by national radio spectrum
experts  which  most  EU  administrations  could  subscribe  to  and  support.  The  common
action  within  CEPT  was  successful  and  efficient  in  the  negotiations.  From  an
operational point of view, it enabled all European  delegations to  remain in  touch  with
the many negotiation “strands” at the Conference. Furthermore, all EU Member States,
though not all delegations affiliated to CEPT, followed closely the letter and the spirit of
the modalities of CEPT participation to WRC.

Industry  involvement:  the  WRC  process  is  very  important  for  major  spectrum-using
sectors, like telecoms, broadcasting and transport. It is usually easier for an operator or
manufacturer  to  be  allowed  to  use  specific  equipment  by  national  administrations  in
particular frequency bands when it is in line with ITU allocations and recommendations.

32

33

http://www.itu.int/ITU-R/conferences/rrc/rrc-04/index.html
http://rspg.groups.eu.int/documents/meeting_documents/index_en.htm

19

                                                
It  is  also  easier  to  convince  potential  investors  to  commit  to  particular  business
strategies  for  the  same  reason.  Proponents  of  new  technologies  or  of  other  interests
related  to  spectrum  seek  therefore  to  gather  or  to  maintain  “momentum”  in  the  ITU
context,  in  order  to  influence  administrations,  the  majority  of  which  typically  do  not
have strong policy objectives one way or the other. This is also an important reason for
getting particular spectrum issues on future WRC agendas34.

In  the  past,  some  industrial  sectors  have  felt  that  their  role  in  ITU  was  not
commensurate with their economic importance. To address this issue, Council requested
the Commission to encourage the participation of industry and of other spectrum users
in the WRC-03 process and in the European preparations. During the Conference itself,
European  industry  had  a  constructive  role  in  the  negotiations  and  its  support  for
overall  European  positions  was  essential  to  the  successful  resolution  of  a  number  of
important issues. The Commission will  continue  to  encourage a broad and  transparent
participation in the WRC process.

Conference Organisation: WRC-03 was a very large and well-organised event which
delivered once again global radio allocation results acceptable to most interested parties.
The  success  and  smooth  running  of  the  Conference  was  distinctly  helped  by  fewer
“political linkages” between different technical issues being negotiated separately than
in  past  Conferences,  a  welcome  trend  assisted  by  the  working  contacts  before  the
Conference between all regional organisations,  including increasingly with developing
countries’  representatives.  The  near-“paperless”  approach  adopted  by  the  Conference
organisers via the extensive use of RLAN facilities operating at 2.4 and 5 GHz helped
greatly in making the proceedings more efficient and cost-effective, and was a real-time
demonstration of the added value of such type of wireless application.

7.

THE ITU SPECTRUM COORDINATION PROCESS AND THE EUROPEAN UNION

WRC proceedings  are ruled by the search for common  ground  between  very  different
socio-economic and political interests. Although the ITU Radio Regulations (RR) have
the  status  of  an  international  treaty35,  often  ratified  according  to  national  procedures,
finding “consensus” is helped by the fact that there is sufficient flexibility for Member
States of the ITU to “opt in” or “opt out” of specific provisions, and a large number of
administrations  use  “footnotes”  to  the  treaty  to  remove  themselves  from  the  spectrum
harmonisation process  for  many  issues36.  Furthermore,  as  long  as  it  does  not  interfere
with  other  services  operating  in  accordance  with  the  RR,  in  particular  with  other
countries’  services,  an  administration  can  introduce  any  radio  application  in  any
frequency band with the operating conditions it wishes (Art. 4.4 of the ITU RR).

In overall terms, while not involved in the day-to-day work of the ITU study groups, the
Commission  aims  to  ensure  that  the  approaches  employed  in  the  preparation  and

34

35

36

Another  aspect  then  comes  into  play:  how  will  the  issue  be  prepared  (“studied”)  before  the
Conference – therefore the scope of the issue, the terms of reference and composition of the ITU
study  group  dealing  with  the  matter,  and  even  the  inclinations  of  the  study  group  chairman
become important.
Article 54 of the ITU Constitution.
Indeed, while at every WRC, ITU attempts to reduce the number of “opt-outs” or “footnotes” to
the  Radio  Regulations,  this  number  actually  increased  at  WRC-03,  demonstrating  some
weakness in the voluntary administrative spectrum harmonisation model.

20

                                                
negotiation  of  ITU  conferences  are  in  line  with  those  EU  objectives  and  principles
which are  applicable  to  spectrum  allocation  and  assignment37.  The  new  EU  electronic
communications  regulatory  framework  enshrines  principles  such  as  technology
neutrality, legal certainty and proportionality, as well as fundamental EU objectives
such as the promotion of competition, the consolidation of the Single Market, and the
removal of technical barriers to international trade.

As the European Community is not a party to the ITU, whereas the Member States are,
the  obligations  they  assume  in  the  ITU  framework  have  to  be  implemented  in
accordance  with  their  obligations  under  EC  law.  This  was  reiterated  by  a  formal
declaration  signed  by  the  15  EU  Member  States  and  the  10  acceding  countries  and
deposited with the ITU to be introduced in the WRC-03 Final Acts38.

8.

CONCLUSIONS

The ITU Radio  Regulations are based on the achievement and  maintenance of overall
consensus  about  how  the  radio  spectrum  is  managed  globally,  an  issue  all  countries
have an important stake in. Therefore, WRC Conferences usually end in agreements that
support this overall framework. Declarations of “victory” after the Conference over one
of the other agenda item at WRC-03 are inappropriate and not in the spirit of consensus
required in this type of process. Overall, the Conference was once again able to balance
all  the  many  different  interests  involved  in  the  use  of  the  spectrum  resource,  and  it
fulfilled  therefore  its  goals.  The  major  objectives  of  the  European  Union  for  this
Conference  were  met  to  a  significant  extent.  The  positive  outcome  of  these
negotiations  will  support  major  EU  policies  that  rely  on  radio  spectrum.  The  global
harmonisation  of  conditions  of  use  for  broadband  RLAN  systems  and  the  long-term
protection of the  Galileo satellite system’s interests are especially  noteworthy  in  this
respect.

The  European  Commission  and  the  EU  Member  States  will  make  use  of  the
mechanisms set up by the European Union to develop its own coherent radio spectrum
policy  to  implement  relevant  WRC-03  results.  The  end  of  WRC-03  also  marks  the
beginning  of  the  preparation  process  for  the  next  Conference  (WRC-07),  which  the
Commission  will  again  support  by  developing  policy  goals  for  the  Conference,  while
accompanying  the  technical  discussions  held  in  CEPT  and  fostering  a  broad
involvement of radio spectrum user constituencies.

37

38

For context, see the Commission Communication COM(2003) 526 final, “The European Union
and the United Nations: the choice of multilateralism”.
The Declaration reads: “The delegations of  the  Member  States  of  the  European  Union  declare
that the Member States of the European Union will apply the revision of the radio Regulations
adopted at this Conference in accordance with their obligations under the EC Treaty.”

21

                                                
AMSS

ARNS

BSS

CEPT

DME

DRM

ECP

EESS

ECC

ESV

FS

FSS

GLOSSARY

Aeronautical Mobile Satellite Service

Aeronautical Radio-Navigation Service

Broadcast Satellite Service

European Conference of Post and Telecom Administrations

Distance Measuring Equipment in aircraft

Digital Radio Mondiale broadcasting system

European Common Proposal adopted by CEPT

Earth Exploration Satellite Services

Electronic Communications Committee of CEPT

Earth Stations on board of Vessels

Terrestrial Fixed Service

Fixed Satellite Service

GALILEO

European satellite-based navigation and positioning system

GBAS

GMDSS

GMES

GPS

HAPS

HDFSS

Ground-Based Augmentation System for aviation.

Global Maritime Distress Safety System

Global Monitoring for Environment and Security

Global Positioning System of the United States

High Altitude Platform System

High-Density Fixed Satellite Service

IMT-2000

International Mobile Telecommunications for 2000

ITU

MSS

PPDR

RAS

RFID

RLAN

RNSS

RR

RSC

RSPG

RTD

TFTS

VSAT

WRC

WWI

International Telecommunications Union

Mobile Satellite Service

Public Protection and Disaster Relief

Radio Astronomy Service

Radio Frequency Identification Tags

Radio Local Area Network

Radio Navigation Satellite System

Radio Regulations of the ITU

Radio Spectrum Committee

Radio Spectrum Policy Group

Research & Technological Development

Terrestrial Flight Telephone System

Very Small Aperture Terminals

World Radiocommunications Conference

Wireless World Initiative

22