European Parliament resolution Towards a European policy on the radio spectrum (2006/2212(INI))
Date: 2007-02-14
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: information technology, innovation, new technology, technological change, telecommunications, transmission network, waveband

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75.
Congratulates the Commission on the energy sector inquiry, calls on the Commission to pursue
enforcement action, including fines against companies which breach competition rules, and encourages the
Commission to take action against Member States which unduly protect national energy champions;

76.
Believes that consumers must be placed at the centre of all future energy policies and that energy
poverty should feature more clearly in the Commission's proposals; recalls that consumers, particularly
public authorities, which must set an example in this area, also have obligations in terms of energy saving;
recognises the central role that smart metering and billing can play in increasing consumer awareness of
how and why energy is being used and therefore in changing consumer behaviour; calls on the Council and
the Commission to propose measures which help low income households to achieve energy savings in their
homes, thereby reducing their energy bills and their exposure to future price increases;

Points out that energy policy calls for cost-intensive, long-term investment decisions which must be
77.
based on a high degree of transparency and predictability; calls on the Member States and the Commission
to provide undertakings with legal certainty and to avoid new regulatory proposals at regular intervals,
which create uncertainty and delay vitally needed investments in energy infrastructure;

78.
Reaffirms its strong support for renewable energy sources; in order to boost the diversification of
energy sources, proposes that the Commission should set a stable, long-term policy framework in order to
create the necessary investment climate; this framework should contain an EU target for energy efficiency
improvements of at least 20 % by 2020; asks the Commission to propose a framework for a range of
harmonised support schemes for renewable energies as part of the renewable energy roadmap;

79.
Stresses that further action is required to deliver a functioning internal market for energy through a
clearer separation of energy production from energy distribution; calls, therefore, for stronger independent
regulatory control, taking into account the European market, as well as national measures to deliver on the
European Union's target of 10 % minimum interconnection levels, by identifying key bottlenecks and
appointing coordinators;

80.

Instructs its President to forward this resolution to the Council and the Commission.

*

*

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P6_TA(2007)0041

Radio spectrum

European Parliament resolution Towards a European policy on the radio spectrum (2006/2212(INI))

The European Parliament,

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions entitled ‘A market-
based approach to spectrum management in the European Union’ (COM(2005)0400),

— having regard to the Communication from the Commission to the Council and the European Parlia-
ment entitled ‘A forward-looking radio spectrum policy for the European Union: Second annual report’
(COM(2005)0411),

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions entitled ‘EU spectrum
priorities for the digital switchover in the context of the upcoming ITU Regional Radiocommunications
Conference 2006 (RRC-06)’ (COM(2005)0461),

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— having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March
2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spec-
trum Decision) (1),

Wednesday 14 February 2007

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions on the Review of the
EU Regulatory Framework for electronic communications networks and services (COM(2006)0334),

— having regard to the Communication from the Commission to the European Parliament and the Coun-
cil entitled ‘First Annual Report on Radio Spectrum Policy in the European Union; State of Implemen-
tation and Outlook’ (COM(2004)0507),

— having regard to the Opinion of the Radio Spectrum Policy Group of 19 November 2004 on secondary

trading of rights to use radio spectrum (RSPG04-54 Rev.),

— having regard to the Council (Transport, Telecommunications and Energy) Conclusions of 9 and10

December 2004 on the first Annual Report on Radio Spectrum Policy in the European Union,

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions entitled ‘i2010 — A
European Information Society for growth and employment’ (COM(2005)0229) and the accompanying
Commission Staff Working Paper on extended impact assessment (SEC(2005)0717),

— having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March
2002 on a common regulatory framework for electronic communications networks and services
(Framework Directive) (2),

— having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March
2002 on universal service and users' rights relating to electronic communications networks and services
(Universal Services Directive) (3),

— having regard to Directive 2002/20/EC of the European Parliament and of the Council of 7 March
2002 on the authorisation of electronic communications networks and services (Authorisation
Directive) (4),

— having regard to Directive 2002/19/EC of the European Parliament and of the Council of 7 March
2002 on access to, and interconnection of, electronic communications networks and associated facil-
ities (Access Directive) (5),

— having regard to its resolution of 14 March 2006 on a European Information Society for growth and

employment (6),

— having regard to the Presidency Conclusions of the Brussels European Council of 22 and 23 March

2005,

— having regard to Directive 2005/82/EC of the European Parliament and of the Council of 14 December
2005 repealing Council Directive 90/544/EEC on the frequency bands designated for the coordinated
introduction of pan-European land-based public radio paging in the Community (7),

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 108, 24.4.2002, p. 33.
(3) OJ L 108, 24.4.2002, p. 51.
(4) OJ L 108, 24.4.2002, p. 21.
(5) OJ L 108, 24.4.2002, p. 7.
(6) OJ C 291 E, 30.11.2006, p. 133.
(7) OJ L 344, 27.12.2005, p. 38.

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— having regard to the Commission Recommendation of 6 April 2005 on broadband electronic commu-

nications through powerlines (1),

— having regard to the Commission Recommendation of 20 March 2003 on the harmonisation of the
provision of public R-LAN access to public electronic communications networks and services in the
Community (2),

— having regard to the Communication from the Commission to the Council, the European Parliament,
the Economic and Social Committee and the Committee of the Regions entitled ‘Electronic Commu-
nications: the Road to the Knowledge Economy’ (COM(2003)0065),

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions entitled ‘Connecting
communications’
Europe
(COM(2004)0061),

recent developments

at high speed:

sector of

electronic

in the

— having regard to the Communication from the Commission to the Council, the European Parliament,
the Economic and Social Committee and the Committee of the Regions entitled ‘eEurope 2005: An
information society for all — An Action Plan to be presented in view of the Sevilla European Council,
21/22 June 2002’ (COM(2002)0263),

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions entitled ‘i2010 —
First Annual Report on the European Information Society’ (COM(2006)0215),

— having regard to the Communication from President Barroso in agreement with Vice-President Verheu-
gen to the Spring 2005 European Council entitled 'Working together for growth and jobs — A new
start for the Lisbon Strategy'(COM(2005)0024),

— having regard to the Commission Staff Working Paper entitled ‘Working together for growth and jobs

— Next steps in implementing the revised Lisbon strategy’ (SEC(2005)0622),

— having regard to the Council (Transport, Telecommunications and Energy) Conclusions of 1 December

2005 on Accelerating the transition from analogue to digital,

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions entitled ‘Results of
the World Radiocommunication Conference 2003 (WRC-03)’ (COM(2003)0707),

— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions entitled ‘The World
Radiocommunication Conference 2003 (WRC-03)’ (COM(2003)0183),

— having regard to the Opinion of the Radio Spectrum Policy Group of 23 November 2005 on Wireless
Access Policy For Electronic Communications Services (WAPECS) (A more flexible spectrum manage-
ment approach) (RSPG05 -111),

— having regard to its resolution of 16 November 2005 on accelerating the transition from analogue to

digital broadcasting (3),

(1) OJ L 93, 12.4.2005, p. 42.
(2) OJ L 78, 25.3.2003, p. 12.
(3) OJ C 280 E, 18.11.2006, p. 115.

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— having regard to the Communication from the Commission to the Council, the European Parliament,
the European Economic and Social Committee and the Committee of the Regions on accelerating the
transition from analogue to digital broadcasting (COM(2005)0204),

Wednesday 14 February 2007

— having regard to the Opinion of the Radio Spectrum Policy Group of 19 November 2004 on spectrum

implications of switchover to digital broadcasting (RSPG04-55 Rev.),

— having regard to the Protocol on the system of public broadcasting in the Member States annexed to

the Amsterdam Treaty,

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Industry, Research and Energy and the opinions of the
Committee on the Internal Market and Consumer Protection and the Committee on Culture and Educa-
tion (A6-0467/2006),

A. whereas in recent years Europe has witnessed an increased pace of technological evolution, with copper
networks being replaced by fibre optic networks and increasing use of wireless communications and
multimedia platforms,

B. whereas technological convergence is beneficial to consumers as it offers a greater choice of infrastruc-

ture and services,

C. whereas radio spectrum is key to the provision of a wide range of services,

D. whereas spectrum shortage has been an obstacle to the deployment of new services,

E. whereas the success of WiFi has demonstrated that it is now possible to use the unlicensed band more

efficiently than before,

F. whereas efficient use of spectrum is critical in ensuring access to spectrum for the various interested
parties who want to offer services, and is therefore a key factor in the growth, productivity and devel-
opment of European industry in accordance with the Lisbon Strategy,

G. whereas efficient and prudent use of spectrum serves the cultural objectives of EU policies pursuant to
Article 151 (4) of the EC Treaty and should facilitate cultural and linguistic diversity as well as media
pluralism,

H. whereas access to spectrum needs common technical parameters,

I. whereas, through the digital switchover and the transition from analogue to digital, several hundred
megahertz of spectrum will be released, thus offering the possibility of reallocating spectrum and new
opportunities for market growth,

J. whereas the legal framework for electronic communications is a prerequisite for an open and competi-
tive electronic communications market; whereas, however, not all Member States have transposed its
provisions in a timely and correct manner,

K. whereas the Commission's position is that digital electronic communication is of fundamental impor-
tance for the entire economy, the Lisbon process and the i2010 strategy, and a reform of the system of
spectrum management is therefore essential,

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L. whereas information and communication technology offers European industry great prospects for

growth and development and can also contribute to social welfare,

M. whereas access to spectrum can facilitate the development of technology-driven markets,

N. whereas the Commission in its various communications on radio spectrum adopted in 2005 and 2006
including spectrum

proposed a more flexible and efficient approach to spectrum management,
tradability,

1.
Considers that the European Union needs to adopt a sustainable approach to spectrum which will
promote competition and the development of innovative technologies, inhibit the hoarding of frequency
rights and the aggregation of monopolies and benefit consumers, and that this approach should take into
consideration technological change as well as the needs of market players and of citizens;

Emphasises that the importance of spectrum has increased during recent years and that the growth of

2.
the technology sector relies, inter alia, on the efficient use of spectrum;

3.
Notes that, in the EU, the regimes for assigning spectrum to interested parties differ from Member
State to Member State and that this divergence can cause additional delays and costs; takes the view there-
fore that the EU will require efficient and responsive guidelines for common decision-making mechanisms
and that, furthermore, a European register will be needed with the completion, expansion and accessibility
of the EFIS database;

Agrees with the Commission's view that part of the spectrum dividend should be earmarked for

4.
technical harmonisation at European level;

Encourages the Commission to take into account the reality of the spectrum dividend when defining
5.
the future direction of the radio spectrum policy and consider the appropriateness of allowing unlicensed
users access to the spectrum dividend;

Emphasises that implementation of the new conditions for spectrum usage must ensure an unrest-
6.
ricted choice of the technology which can be used and the service to be delivered in a given spectrum band;

7. Welcomes the development of new radio technologies that make efficient and flexible use of the radio
spectrum and that make interoperability and coexistence possible;

8.
Rejects a one-sided market model of spectrum management and urges the Commission to reform the
system of spectrum management in such a way as to facilitate the coexistence of different types of licensing
models, i.e. traditional administration, use without numerical restrictions and new, market-based approaches;
stresses that the aim must be to boost economic and technical efficiency as well as the usefulness to society
of this valuable resource;

Emphasises, with regard to spectrum management, the general principles of technological neutrality
9.
together with service neutrality in order to promote competition and innovation, within the context of the
Lisbon Strategy; points out that spectrum should be managed in a manner which is flexible and transparent
and which facilitates cultural and linguistic diversity, freedom of expression, and media pluralism and takes
into account the technical, social, cultural and political needs of all Member States;

Emphasises the importance of technical neutrality to the promotion of innovation and interoperabil-

10.
ity and calls for a more flexible and transparent policy for the consideration of the public interest;

11.
Considers that, given technological evolution, the approach to frequency use adopted until now needs
to be adapted to meet the requirements of a rapidly-changing information society and also provide for
guarantees of high-quality service delivery and related customer protection; considers that spectrum manage-
ment should not be based only on a market-driven approach but also needs to take into account wider
social, cultural and political considerations;

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12. Welcomes the Commission's proposal to adopt differentiated spectrum management models includ-
ing the unlicensed model which provides additional flexibility by allowing for free access within some
technical
licensing
limitations; considers that developing the right mix between the different types of
model will be important in achieving EU policy objectives;

Wednesday 14 February 2007

13.
Agrees that radio spectrum is a key resource for many activities and important for the proper func-
tioning of the internal market; emphasises that the use of market mechanisms should safeguard the interests
of consumers and encourage the take up of innovative products and services; agrees also that social, cultural
and political considerations must also be taken into account in line with Article 151(4) of the EC Treaty;
considers, furthermore, that audiovisual policy, the promotion of cultural and linguistic diversity and the
pluralism of the media may justify exceptions from the principle of service neutrality;

14.
Considers that the administrative method of allocating spectrum rights could be supplemented by
Member States opening up more frequencies to unlicensed, and therefore possibly shared use, and by allow-
ing spectrum trading on condition that this opening up does not harm the continuity and quality of services
concerned with public information and safety; takes the view that the phenomenon and the standard con-
ditions of spectrum trading should be clarified;

15.
Emphasises the importance of communication for rural and less developed regions, for which the
diffusion of broadband, of lower frequency mobile communications and of new wireless technologies could
provide efficient solutions to achieving universal coverage of the 27 EU Member States with a view to the
sustainable development of all areas; believes that complete coverage of all areas must not be achieved by
transferring the burden to the regions concerned;

16.
Emphasises the risk of frequency shortage and of interference problems due to analogue-digital
simulcasting between Member States and bordering third countries and emphasises also that all EU coun-
tries and regions should benefit from the digital dividend;

17.
Notes that, given the scarcity of the resource, adequate amounts of spectrum should be allocated to
meet the needs of consumers and of services of public and general interest, including broadcasting services;
stresses also the need to include a clause on reallocating frequencies where the commitments made when
frequencies are assigned are not fulfilled;

18.
Urges Member States to take a decision on the priority to be given to the protection of the public
interest and of frequencies of strategic importance as a key principle in developing spectrum management
policies;

19.
Recognises spectrum efficiency as a common duty of Member States, national regulators and indus-
try; insists on the necessity of securing the stability and continuity of the media services provided by broad-
casters, but emphasises the importance of a level playing field for new entrants and for new technologies;
believes that room for innovation must be guaranteed, in the interest of consumers, enterprises and employ-
ment generally; calls on the Commission to clarify the specific risks relating to interferences and conditions
of applications of new rules in the new Member States and to propose adapted solutions;

20.
Calls on the Commission to ensure, when reviewing the legal framework for electronic communica-
tions networks and services, that sufficient account is taken of the significance of broadcasting, with regard
to the freedom of opinion of individuals, and of diversity of opinion, when transmission capacities are
allocated at European level;

Notes that, in order to preserve their high quality, services of public and general interest need to

21.
adapt to changing technology;

22.
Notes that access to harmonised frequency bands is essential for the development of new services
and new types of wireless technology, as industry seeks common conditions of use that provide flexibility
and efficient use of the spectrum, in order to prevent severe constraints on the growth of the ICT sector in
the EU, if the frequencies intended to meet these new needs are not allocated;

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23. Welcomes the Commission's proposal to introduce a market-based approach to spectrum, and
acknowledges that the traditional model will continue to be relevant, in particular where important public
interests are at stake;

24.
Considers that the introduction of a market-based approach to spectrum will be most effective if
based on a consensual agreement backed by regulators, operators and other actors; draws attention, in this
regard, to the work of the European Regulatory Group (ERG) and the Radio Spectrum Policy Group (RSPG);

Asks that the proposals of the European Commission on spectrum management and tradability be

25.
carefully considered and that a common agreement at political level be reached for their implementation;

26.
Notes that the freeing-up of spectrum raises a number of issues for existing users and calls, therefore,
for a clear legal framework providing for competition-based solutions and defining, inter alia, conditions for
entry and exit, the maintenance of spectrum rights, responsibilities with regard to interference and dispute
resolution mechanisms;

Suggests that in order to achieve technological harmonisation, minimal common technical and reg-
27.
ulatory conditions be developed with a view to ensuring technical co-existence and the avoidance of inter-
ference, with particular attention being paid to ensuring that the utilisation of frequency bands already
assigned cannot be adversely affected and that cross border issues are settled;

28.
Calls for a balanced and efficient approach to spectrum management in order to maximise the social,
cultural and economic benefits arising from its use, encourage the development of innovative services,
deliver jobs and growth in accordance with the Lisbon Strategy and make European industry a global leader
in electronic communications;

29.
Is convinced that we will see in the future even more sophisticated packages on offer than the
already existing triple play packages, offering voice telephony, internet access and television and that, as a
result, the borders between products and services in the area of electronic communications will in the future
become even more blurred;

30.
Considers that, besides the market-based approach, attention should also be given to ensuring access
to the spectrum market for everyone; notes that, in order to guarantee such access, information, knowledge
and technological infrastructure should be provided via education or alternative training opportunities;

31.
Notes that the divergence in Member State regimes for spectrum allocation and exploitation differ
widely and that these differences represent serious obstacles to the achievement of a well-functioning single
market;

32.
Calls on Member States to support enhanced cooperation measures between spectrum management
authorities, to consider areas where common spectrum allocation would allow new technologies and ser-
to step up their information exchanges and to remove over-prescriptive regulatory
vices to emerge,
constraints;

33.
Emphasises the need for sufficient time for transition and calls, therefore, for a step-by-step approach
in this field; is of the opinion that effects for smaller networks — especially local wireless networks — for
which no license requirements currently apply must be taken into account and that universal access to
broadband, especially in rural areas, should be promoted;

34.
Emphasises the potential value of the spectrum released by the digital switchover (digital dividend)
which could increase the widespread availability of affordable mobile/wireless broadband, including in rural
areas;

35.
Urges the establishment of clear definitions of rights and obligations to promote legal certainty;
underlines the importance of separation between providers of infrastructure and providers of electronic
communications services and the importance of avoiding the creation of monopolies;

36.

Instructs its President to forward this resolution to the Council and Commission.