2007/344/EC: Commission Decision of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community (notified under document number C(2007) 2085) (Text with EEA relevance )
Date: 2007-05-16
Institutions: European Commission
Subjects: European standard, access to information, data transmission, information system, telecommunications, transmission network, waveband

17.5.2007

EN

Official Journal of the European Union

L 129/67

COMMISSION DECISION

of 16 May 2007

on harmonised availability of information regarding spectrum use within the Community

(notified under document number C(2007) 2085)

(Text with EEA relevance)

(2007/344/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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
in the European
Community (Radio Spectrum Decision) (1), and in particular
Article 4(3) thereof,

radio spectrum policy

Whereas:

(1)

(2)

charges

conditions,

the use of

Decision No 676/2002/EC (Radio Spectrum Decision)
requires Member States to ensure that
their national
radio frequency allocation table and information on
fees
and
procedures,
rights,
concerning
shall be
published if relevant in order to meet the aim set out
in Article 1 of that Decision. They shall keep this infor-
mation up to date and shall take measures to develop
appropriate databases in order to make such information
available to the public, where applicable in accordance
with the relevant harmonisation measures taken under
Article 4 of that Decision.

radio spectrum,

the Commission (2)
A study undertaken on behalf of
found that, despite previous efforts, information on the
use of spectrum is still made publicly available by
Member States with a varying amount of detail,
in
different formats and with differences in ease of access
and updating intervals. Such differences may have an
effect on doing business, on planning investments and
on decision-making in the context of an internal market
for products and services, as well as manufacturing.
Information on spectrum usage conditions can further
facilitate the participation of small and medium-sized
enterprises (SME) and indirectly support the sustainable
the electronic communications industry in
growth of
general.

(3)

The availability of appropriate information is essential in
the context of better regulation, since the removal of

(4)

(5)

(6)

(7)

unnecessary restrictive measures and the introduction of
trading of rights to use frequencies require clear, reliable
and up-to-date information regarding the actual use.

A single information point would ensure an easy access
and user-friendly presentation of spectrum information
throughout the Community. To be efficient, such infor-
mation should be presented in a harmonised format with
the same content for all Member States and it should be
transferable
from national databases using modern
automatic upload facilities that avoid the need for addi-
tional human resources to feed the single information
point with national data.

There is substantial agreement by Member States and
industry participants for using the system set up by the
European Radiocommunications Office (ERO) (3). The
ERO Frequency Information System (EFIS)
is publicly
available on the Internet and allows the search for and
comparison of official
spectrum information within
if such information is uploaded by national
Europe,
administrations. That
system should be used by all
Member States.

to

access

The Commission issued a Mandate dated 8 December
2005 to the CEPT on the use of EFIS for publication
spectrum information within the
and
Community. CEPT presented the final results of
this
mandate, which demonstrate the feasibility to use EFIS
in the European
as a common information portal
objectives
Community,
contained
in the mandate. The Radio Spectrum
Committee accepted the final report of the CEPT on
5 October 2006 and confirmed the objectives listed in
the Mandate. The results of the mandate should be made
applicable in the Community.

accordance with

the

in

A European spectrum information portal should not
replace national spectrum databases but be a comple-
mentary portal that adds value through the provision
of a single information point with search and compare
facilities at
the European level, based on information
provided in accordance with a common format and
level detail.

(1) OJ L 108, 24.4.2002, p. 1.
(2) Study on information on the allocation, availability and use of radio

spectrum in the Community, IDATE, February 2005.

(3) ERO is an international organisation established through the
Convention for the Establishment of the European Radio Commu-
nications Office signed at The Hague on 23 June 1993.

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Official Journal of the European Union

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(8)

(9)

(10)

(11)

Assessment

Conformity

the European Parliament and of

Efforts to harmonise the presentation of radio interface
specifications have been undertaken by the Telecommu-
nications
and Market
Surveillance Committee (TCAM) established by Directive
the
1999/5/EC of
Council of 9 March 1999 on radio equipment and tele-
communications terminal equipment and the mutual
recognition of their conformity (1)
(R & TTE Directive).
These conditions are relevant to Article 5 of the Radio
Spectrum Decision and are regarded as important public
information, which should be made available by all
Member States.

The provision of information regarding rights of use may
require a particular effort by Members States, but it is
also of high importance for a transparent and effective
market based-spectrum policy. Member States may need
extra time to fulfil the requirements of making available
this type of information.

interested parties,

Easy access to the information should be guaranteed to
all
to compliance with
subject
Community rules on business confidentiality in particular
to the provisions of 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
(Framework
Directive) (2).

and services

This Decision should be implemented and applied in full
compliance with the principles and requirements relating
to the protection of personal data in accordance with
Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data
and the
and in
accordance with Directive 2002/58/EC of the European
the Council of 12 July 2002
Parliament
concerning the processing of personal data and the
protection of privacy in the electronic communications
sector (Directive on privacy and electronic communi-
cations) (4).

free movement of

such data (3)

and of

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the availability of
information on the use of radio spectrum in the Community
through a common information point and by the harmoni-
sation of the format and content of such information.

Article 2

Member States shall use the ERO Frequency Information System
(EFIS) set up by the European Radiocommunications Office
(ERO) as a common access point, in order to make comparable
information regarding the use of spectrum in each Member
State available to the public via the Internet.

Article 3

1. Member States shall provide to EFIS the following infor-
mation regarding the use of radio spectrum on their territory:

(a)

for each frequency band individually:

— Service Allocations as defined by the Radio Regulations
of the International Telecommunications Union (ITU),

— applications using the choice of terms available in EFIS,

— Radio Interface Specifications according to the format in

Annex I,

— Individual Rights of Use in accordance with Annex II;

(12)

The effectiveness of EFIS for Member States and the
public should be reviewed from time to time to ensure
that the objectives listed in the mandate are being imple-
mented effectively.

(b) for use of radio spectrum in general:

(13)

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Radio Spectrum

(1) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 108, 24.4.2002, p. 33.
(3) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003.

(4) OJ L 201, 31.7.2002, p. 37. Directive as amended by Directive

2006/24/EC (OJ L 105, 13.4.2006, p. 54).

— national contact point capable of answering inquiries
from the public related to finding national spectrum
information not
included in the European spectrum
information portal as well as information on procedures
and conditions applicable to any envisaged national
assignment process for rights of use,

— if available, national spectrum policy and strategy in the

form of a report.

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2. Member States shall update the information referred to in
paragraph 1 at least once a year until 1 January 2010 and twice
per year thereafter. This shall be executed either through manual
entry of data via the Internet or through automatic uploading
facilities using a specified format for data exchange.

Article 4

Member States shall
inform the Commission if they consider
that EFIS is no longer able to provide the technical capacity,
integrity and reliability to justify its use as a common infor-
mation point.

Article 5

This Decision shall enter into force on 1 January 2008.

The provision of information on Individual Rights of Use shall
apply from 1 January 2010.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 16 May 2007.

For the Commission

Viviane REDING
Member of the Commission

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Official Journal of the European Union

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ANNEX I

Format for Radio Interface Specifications

Member States shall provide either by reference to the relevant standard or descriptive text and any comments as
necessary, regarding the following parameters:

1. channelling;

2. modulation/occupied bandwidth;

3. direction/separation;

4. transmit power/power density;

5. channel access and occupation rules;

6. authorisation regime;

7. additional essential requirements according to Article 3(3) of Directive 1999/5/EC;

8. frequency planning assumptions.

ANNEX II

Format for Information on Rights of Use

Information on Rights of Use may be limited to frequency bands used for the provision of electronic communications
services, which are tradable in accordance with Article 9.3 of Directive 2002/21/EC or which are granted through
competitive or comparative selection procedures pursuant to Directive 2002/20/EC.

For relevant frequency bands Member States shall provide in accordance with the requirements of Directive 95/46/EC and
Directive 2002/58/EC and Community and national rules on business confidentiality, the following information:

1. the identity of the radio frequency right holder;

2. the expiry date of the right or, in the case where there is none, the expected duration;

3. the geographic validity of the right by at least providing the information whether the right is local (i.e. one station),

regional or nation-wide;

4. an indication of whether or not the right is tradable.