COMMISSION STAFF WORKING DOCUMENT  IMPACT ASSESSMENT    Accompanying document to the Proposal for a  DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  establishing the first radio spectrum policy programme     {COM(2010) 471} {SEC(2010) 1035}
Date: 2010-09-20
Institutions: European Commission
Subjects: European audiovisual area, harmonisation of standards, radiation protection, technical regulations, telecommunications, waveband

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EUROPEAN COMMISSION 

Brussels, 20.9.2010 
SEC(2010) 1034 final 

COMMISSION STAFF WORKING DOCUMENT 

IMPACT ASSESSMENT  

Accompanying document to the 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing the first radio spectrum policy programme  

{COM(2010) 471} 
{SEC(2010) 1035} 

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Disclaimer: 
This report commits only the Commission's services involved in its preparation and does not 

prejudge the final form of any decision to be taken by the Commission 

TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

Background, context and consultation ......................................................................... 6 

Background and context............................................................................................... 6 

Consultation and expertise ........................................................................................... 6 

1.2.1.  Overview of main consultations of external stakeholders ........................................... 6 

1.2.2. 

Internal consultations ................................................................................................... 7 

1.2.3.  Main conclusions from the consultative process ......................................................... 7 

1.3. 

Structure of this Impact Assessment ............................................................................ 8 

2. 

2.1. 

2.2. 

Problem definition........................................................................................................ 9 

Fundamental challenges associated to radio spectrum management ........................... 9 

Factors intrinsic to radio spectrum management ....................................................... 11 

2.2.1.  Technical characteristics of spectrum ........................................................................ 11 

2.2.2.  Characteristics of allocation and assignment of frequency bands to users ................ 11 

2.3. 

2.4. 

3. 

4. 

5. 

Increased reliance on technologies that make use of spectrum.................................. 18 

The EU dimension ..................................................................................................... 19 

objectives pursued by the RSPP................................................................................. 21 

Policy options for the assessment of the RSPP.......................................................... 23 

Assessment of the impact of the scope that can be given to the RSPP...................... 26 

5.1. 

Comparing the impact of the basic options................................................................ 26 

5.1.1.  No Radio Spectrum Policy Programme ..................................................................... 26 

5.1.2.  Policy Programme with a scope limited to electronic communication services........ 26 

5.1.3.  Policy Programme with a scope going beyond electronic communication services . 27 

6. 

6.1. 

6.2. 

6.3. 

6.4. 

6.5. 

Assessment of the impact of the possible initiatives under the RSPP ....................... 29 

Contributing to the Digital Agenda for Europe.......................................................... 29 

Facilitating easy and equal access, fostering flexibility and competition.................. 36 

Enhancing efficient use of spectrum .......................................................................... 43 

Contributing to combating climate change – transport and energy ........................... 46 

Defending European interests at international level .................................................. 48 

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6.6. 

6.7. 

7. 

Assessing administrative burden................................................................................ 51 

Conclusions ................................................................................................................ 53 

Evaluation and monitoring......................................................................................... 58 

ANNEX 1: Summary of the outcome of the Spectrum Summit, 22-23 March 2010 .............. 45 

ANNEX 2: Summary of responses to the public consultation................................................. 47 

ANNEX 3: Draft RSPG Opinion on the Radio Spectrum Policy Programme......................... 49 

ANNEX 4: Glossary of abbreviations used in the IA report ................................................... 59 

ANNEX 5: Glossary of definitions .......................................................................................... 60 

ANNEX 6: List of references................................................................................................... 61 

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MODIFICATIONS FOLLOWING THE OPINION OF THE IMPACT ASSESSMENT BOARD 

In response to the suggestions of the Impact Assessment Board (Opinion dated 2 July 2010), 
and in addition to specific modifications based on a quality assessment carried out prior to the 
Board's  deliberations,  the  following  changes  have  been  introduced  in  the  text  of  the  final 
report. 

(1) 

(2) 

(3) 

(4) 

(5) 

The  problem  definition  has  been  developed  to  clarify  the  functioning  of  the  current 
radio spectrum framework; 

Better explanation of the link between two main identified problems, i.e. suboptimal 
use of spectrum and mismatch between demand and available spectrum resources, and 
the objectives of the programme; 

The preferred option in relation to climate change has been clearly identified; 

The  importance  for  the  internal  market  of  issues  covered  by  an  extension  of  the 
programme beyond electronic communications services has been explained.  

Noting the importance attached to the need to accompany follow-up measures that are 
likely  to  have  significant  impacts  with  separate  impact  assessments,  an  indication  is 
provided of those follow-up measures for which it is already clear that such an impact 
assessment  will  be  required.  Information  is  also  provided  in  chapter  6.7  regarding 
those  measures  for  which  the  need  of  a  further  impact  assessment  will  have  to  be 
examined,  based  on  the  guidelines  developed  in  the  Commission,  once  preparatory 
work has been completed and the form of possible action identified; 

(6) 

Changes have also been introduced with regard to the presentation of the report. 

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1. 

BACKGROUND, CONTEXT AND CONSULTATION  

1.1. 

Background and context  

Radio Spectrum is an essential resource for many services: mobile, satellite and fixed wireless 
communications,  TV  and  radio  broadcasting,  transport,  navigation  systems  (GPS/Galileo), 
and  many  other  applications  (medical  equipment,  alarms,  remote  controls,  hearing  aids, 
microphones, etc.). Radio technology supports public services such as defence, security/safety 
and scientific activities (e.g. meteorology, Earth observation and monitoring, radio astronomy 
and space research).The European mobile industry supports 3.5 million jobs, generates around 
€130bn  in  tax  revenues  for  European  governme nts,  and  contributes  €140bn  directly  to 
European GDP.i  

As a measure of the importance of these wireless applications and services to society and the 
economy,  access  to  radio  spectrum  has  become  essential  in  efforts  to  promote  economic 
recovery and growth, to ensure high-quality jobs and long term EU competitiveness, and to 
bridge  the  digital  divide.  Developing  a  co-ordinated  radio  spectrum  policy  is  therefore  a 
matter of strategic importance for the European Union, as this is needed to enhance a genuine 
single  market  for  wireless  services  and  equipment,  while  creating  new  opportunities  for 
innovation and maximising the efficient use of the resource. An effective EU spectrum policy 
will  amplify  the  positive  impact  of  these  wireless  services  and  equipment  on  economic 
recovery and social integration across the EU.  

This Impact Assessment accompanies a proposal for an EU radio spectrum policy programme 
which sets out policy orientations and objectives for the strategic planning and harmonisation 
of  the  use  of  radio  spectrum  to  achieve  these  goals.  Implementing  such  a  policy  will  be 
instrumental  to  the  forthcoming  'Digital  Agenda  for  Europe'  and  the  role  it  has  to  play  in 
fulfilling  the  targets  of  the  'Europe  2020'  initiative,  the  European  strategy  for  smart, 
sustainable and inclusive growth. 

The  envisaged  Programme  takes  its  inspiration  from  the  recently  adopted  legislation  on  the 
regulatory framework for electronic communicationsii. This states that the Commission may 
submit  a  multi-annual  Radio  Spectrum  Policy  Programme  (RSPP)  to  be  adopted  by  the 
European Parliament and Council. The general goal to be achieved by the RSPP is stated in 
Article  8a(3)  of  the  amended  Framework  Directive:  "Such  programmes  shall  set  out  the 
policy orientations and objectives for the strategic planning and harmonisation of the use of 
radio  spectrum  in  accordance  with  the  provisions  of  this  Directive  and  the  Specific 
Directives." The Programme will therefore set out the guiding principles and the objectives to 
be  followed  by  Member  States  and  EU  institutions  in  the  field  of  radio  spectrum  and  will 
indicate the initiatives that will be taken to allow a swift implementation of these principles 
and objectives. 

1.2. 

Consultation and expertise  

1.2.1.  Overview of main consultations of external stakeholders 

Interested  parties  were  given  several  opportunities  to  provide  their  input  through  the 
consultation process conducted by the Commission, which has played an integral part in the 
development of the radio spectrum policy programme and of this impact assessment: 

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–  The  Spectrum  Summit  organised  jointly  by  the  European  Commission  and  the  European 
Parliament on the 22-23 March 2010, which was a significant and high profile consultation 
exercise.  It  demonstrated  a  clear  understanding  amongst  EU  institutions,  Member  States' 
representatives  and  stakeholders  of  the  need  for  significant  efforts  and  some  difficult 
decisions in order to ensure that more radio spectrum will be accessible for the applications 
having the highest social and economic impact (summary of results attached in Annex 1), 

–  Public  consultation  on  the  draft  proposals  set  out  in  a  consultation  document  entitled 
"Public  Consultation/Call  for  Input  in  preparation  for  the  Radio  Spectrum  Policy 
Programme"; this closed on 9 April 2010 and generated over 100 contributions (summary 
of results attached in Annex 2). 

As  well  as  the  public  consultations  and  discussions  with  stakeholders,  and  in  line  with  the 
Framework  Directive,  the  Commission  requested  the  Radio  Spectrum  Policy  Group  (an 
advisory  body  established  by  the  Commission,  composed  of  high-level  officials  from  the 
Member  States)  to  provide  a  formal  opinion  on  the  Programme,  which  was  subject  to  a 
separate public consultation (draft attached in Annex 3). The Commission shall take utmost 
account of this Opinion in finalising the draft proposal. 

The  Commission  has  complied  with  the  minimum  consultation  standards  laid  down  in  the 
impact assessment guidelines as the consultations have lasted a total of eight weeks (4 each) 
and  a  further  possibility  was  given  to  stakeholders  to  express  their  views  at  the  Spectrum 
Summit. 

1.2.2. 

Internal consultations  

Regarding internal consultations, other  services of  the Commission  with a policy  interest in 
the  subjects  involved  have  been  associated  in  the  development  of  this  analysis.  An  Impact 
Assessment Steering Group including all relevant services was established, and met first on 9 
February 2010 to discuss the roadmap for this impact assessment. The Interservice Steering 
Group  was  also  intended  to  facilitate  the  identification  of  areas  where  radio  spectrum  can 
contribute to attaining the political priorities of the European Union, which might include new 
areas and/or areas of strategic importance. A second took place on 12 April 2010 to discuss 
this impact assessment.  

The Inter Service Steering Group was drawn from the existing Spectrum Inter Service Group, 
however further representatives of policy areas were invited to reflect the strategic scope of 
the  Radio  Spectrum  Policy  Programme,  together  with  other  Directorates  of  DG  INFSO. 
Together  with  other  units  in  DG  INFSO,  DG  ENTR,  DG  MOVE  (former  DG  TREN),  DG 
SANCO,  DG  EMPL,  DG  AGRI,  the  services  of  JRC  in  Ispra,  the  Legal  Service  and  the 
Secretariat General were represented at, or have contributed to, the meetings.  

1.2.3.  Main conclusions from the consultative process 

Summary of results of the Spectrum Summit 

At  the  Spectrum  Summit  there  was  agreement  on  the  need  to  be  ambitious  in  the 
implementation  of  spectrum  policy  at  EU  level.  The  Summit  recognised  the  importance  of 
spectrum in supporting EU policy initiatives to foster economic growth and social inclusion, 
especially  through  the  development  of  wireless  broadband,  but  also  for  the  development  of 
broadcasting,  smart  energy  grids  and  applications  for  public  safety,  amongst  other 
applications  outside  the  realm  of  electronic  communications  services.  The  efficient  use  of 

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spectrum was a key principle that met with unanimous support, and which in the future could 
be facilitated through effective and regular reviews of spectrum use. The fact that economies 
of  scale  cannot  be  created  in  Europe  without  EU  co-ordination  and,  where  necessary, 
harmonisation, was a recurring concern. Some diverging views were expressed, and there was 
a  clear  acknowledgment  that  difficult  decisions  would  have  to  be  taken  because  of  the 
difficulty of reconciling competing needs and interests in the use of the scarce resource that is 
spectrum.  Further  details  of  the  main  points  of  discussion  of  the  Summit  are  given  in 
Annex 1. 

Summary of the Public Consultation 

In total over 100 contributions were received from a wide range of stakeholders responding to 
the  questions  raised  in  relation  to  a  range  of  topics  envisaged  to  be  address  in  the  Radio 
Spectrum Policy Programme. The answers received represent a valuable input to the Impact 
Assessment  and  are  duly  taken  into  account;  moreover  in  some  cases  the  input  received  is 
specifically mentioned in sections 5 and 6 of this document. The majority clearly addressed 
spectrum  issues  related  to  the  digital  dividend,  which  appears  presently  to  be  the  area  in 
which  radio  spectrum  policy  can  have  the  largest  impact  on  economic  growth  and  social 
inclusion.  There  was  widespread  agreement  that  spectrum  should  be  used  efficiently,  in 
particular  where  demand  is  high.  Several  respondents  proposed  to  review  the  efficiency  of 
spectrum use, while others emphasised the need for stability of investment. Another important 
aspect for many respondents was the need for action to develop broadband for all.  

A summary of contributions received is attached in Annex 2. Views were most divergent in 
relation  to  potential  European  coordination  of  assignment  procedures,  where  a  significant 
number  of  stakeholders  have  called  for  further  coordination  at  European  level,  but  Member 
States insist in maintaining this competence at national level. Another area in which there was 
a  significant  difference  of  opinion  was  in  relation  to  the  possible  identification  of  a  second 
sub-band  for  electronic  communications  services  in  the  digital  dividend  spectrum  below  1 
GHz.  On  this  issue  there  were  significant  divergences  of  views  between  stakeholders  and 
between national administrations. 

1.3. 

Structure of this Impact Assessment  

This impact assessment follows as far as possible the guidelines by the SG and is structured 
accordingly: 

•  Chapter 2 gives the problem definition by explaining the issues and challenges concerning 
spectrum that arise from EU policy goals and political priorities, and in light of the current 
inefficiencies in the management and usage of radio spectrum. 

•  Chapter 3 identifies general principles and objectives to be established in response to those 

EU policy goals and political priorities.  

•  Chapter 4 examines the policy options for spectrum to be addressed by the RSPP and sets 
out the link between the problem definition, the general principles and objectives and the 
subsequent analysis of specific initiatives. 

•  Chapter 5 assesses the potential impact of choices to be made regarding a spectrum policy 

programme, including issues regarding the format and scope of the RSPP. 

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•  Chapter 6 assesses the impact of different types of initiative related to spectrum policy to 

be retained for the first RSPP.  

•  Chapter 7 examines the monitoring and evaluation requirements of the RSPP. 

2. 

PROBLEM DEFINITION 

2.1. 

Fundamental challenges associated to radio spectrum management 

Radio spectrum is a scarce resource, the use of which is limited by the laws of physics and the 
rate of technological progress. The demand for high quality and cost effective spectrum bands 
is  rapidly  growing.  Scarcity  is  present  when  the  demand  for  spectrum  usage  exceeds  the 
spectrum resources available, and this is most obvious when new technologies pave the way 
for new usages and applications that compete for spectrum. Scarcity can also be induced or 
amplified  by  inefficient  management  of  spectrum  (a  regulatory  issue),  particularly  when 
management  models  have  been  developed  in  a  time  of  less  demand  and  less  scarcity,  or  by 
inefficient technical usage of spectrum (a technical issue).  

The  ITU  has  estimated  the  future  spectrum  bandwidth  requirements  for  the  development  of 
IMT-2000 and IMT-advanced systems (i.e. 3G and 4G mobile communications) as amounting 
to  between  1280  and  1720  MHz  in  2020  for  the  commercial  mobile  industry  for  each  ITU 
region  including  Europe  (ITU  Report  ITU-R  M.2078).  In  the  same  vein,  considering  the 
important increase in data traffic volumes, reports indicate that spectrum needs per operator 
might  multiply  by  up  to  8  times  within  the  next  decade.  Such  an  increase  will  impose 
significant constraints on wireless operators and require the freeing of additional spectrum.  

The  highest growth  rate in the  EU  broadband market is indeed in  mobile broadband,  where 
take-up increased 115% in the last year1. Wireless technologies are increasingly important in 
the  push  for  innovation  and  growth,  and  particularly  in  meeting  the  need  for  broadband 
communications  services  in  combination  with  the  mobility  function  which  is  relevant  for  a 
growing  number  of  applications2.  Wireless  broadband  also  constitutes  an  economic  access 
platform in areas where fixed broadband access cannot be realised at bearable costs. 

As an illustration of the challenge for wireless broadband, it should be considered that for 4G 
mobile communications, while 2x5 MHz are necessary for speed of 38 Mbps, 2x10 MHz are 
necessary  for  75  Mbps,  and  2x20  MHz  for  150  Mbps.  Globally,  mobile  data  traffic  will 
double every year through 2013, increasing 6 fold between 2008 and 2013.  

Capacity requirements per application 

Application  
Mobile voice call 
Text-based email 

Capacity  
6-12 kbps 
10-20 kbps 

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Jan 2009 to Jan 2010, See Europe's Digital Competitiveness Report, 2010. Mobile data volumes have 
corresponding large increases with, for example, OFCOM estimating a UK volume growth of 2300% in 
the past 2 years. 
Beyond general internet access, broadband wireless communications offer a significant usage potential 
in    areas  such  as  eHealth,  assisted  Living,  ePayment,  multimedia  entertainment,  social  networking, 
location based services etc.  

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Medium-quality music stream 
Basic high speed internet 
Internet video  
Standard definition TV 
high speed internet 
High definition TV 
Multimedia web interaction 
Enhanced high speed internet 

Source: Based on Rysavy Research, 2010. 

128 kbps 
1 Mbps 
1 – 2 Mbps 
2 Mbps 
5 Mbps 
7.5 – 9 Mbps 
10 Mbps 
10-50 Mbps up to 100 Mbps 

As  demand  for  wireless  services  increases,  the  key  priority  will  be  to  make  effectively 
available  to  users  those  frequencies  that  have  already  been  earmarked  through  harmonised 
allocations,  including  radio  spectrum  to  be  released  from  the  digital  dividend  and  from  the 
reutilisation  of  frequencies  hitherto  reserved  for  second  generation  (GSM)  services.  It  must 
also  be  ensured  that  sufficient  and  appropriate  spectrum  for  both  the  coverage  and  the 
capacity  needs  of  wireless  broadband  technologies  is  designated  and  made  available  to 
achieve  the  target  set  above  for  2020.  The  positive  effects  of  these  measures  on  broadband 
development  can  be  amplified  by  concerted  efforts  by  Member  States  to  maintain  and 
promote  effective  competition  by  introducing  spectrum  trading  and  by  taking  measures  to 
prevent potential distortions when modifying existing licences. 

In view of the above, two main problems can be identified:  

•  Suboptimal  use  of  spectrum  with  regard  to  the  potential  economic,  social  and 

environmental benefits. 

•  A  mismatch  between  the  growing  demand  for  new  wireless  services  and  available 

spectrum resources. 

In both cases inefficiencies in the distribution and use of spectrum create costs, lead to wasted 
opportunities  for  business  and  society,  reduce  the  take-up  of  innovative  technologies  and 
services  and  may  result  in  both  public  and  commercial  services  not  being  available. 
Minimising  these  problems  requires  developing  a  stronger  and  more  coherent  vision  of  the 
manner in which spectrum is to be used, in order to be able to make the increasingly sensitive 
choices that need to be made on the use of spectrum. 

The  increasing  significance  of  spectrum  use  as  an  enabler  for  sustainable  growth, 
competitiveness and productivity in the European internal market, and in important European 
sectoral policies, needs to be taken into account. Coupled with the fact that not all demand for 
spectrum  can  be  satisfied,  this  means  that  priorities  need  to  be  defined  which  ensure  that 
spectrum is allocated and used in an efficient and effective way, taking into account the policy 
objectives of the European Union and ensuring the avoidance of harmful interference. 

As  well  as  tackling  inefficiencies,  therefore,  setting  priorities  in  the  RSPP  will  also  help  to 
improve  and  streamline  the  management  of  spectrum  so  that  the  impact  of  scarcity  is 
mitigated  as  much  as  possible.  This  will  facilitate 
technical 
implementation measures under the remit of the Radio Spectrum Decisioniii.  

the  development  of 

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It  should  also  help  to  identify  where  there  may  be  added  value  in  EU-wide  harmonisation 
even in regard to assignment of spectrum, in justified cases. 

2.2. 

Factors intrinsic to radio spectrum management  

2.2.1.  Technical characteristics of spectrum 

Radio spectrum is a resource which is not consumed when being used. However, several users 
occupying the same frequencies may affect each other's operations. This is called interference 
and results in a limitation of available spectrum resources at a given moment and location.  

Spectrum  is  not  only  exemplified  by  scarcity,  but  the  physical  characteristics  of  spectrum 
changes over the frequency bands, typically the higher the frequency band the more difficult it 
is for signals to travel over distance. Moreover, very low frequencies have limitations in terms 
of capacity, making them less attractive to broadband services. Therefore, the bands between 
300  MHz  and  3  GHz  are  considered  to  be  the  most  valuable  part  of  spectrum.  It  has  to  be 
recognised that the allocated frequency band has a large impact on the costs associated with 
an  application  or  service,  especially  in  the  case  of  mass  market  services  where  coverage, 
capacity  as  well  as  operational  costs  are  important.  Therefore  there  is  higher  demand  for 
lower  parts  of  the  spectrum.  Likewise  some  parts  of  the  spectrum  are  less  suited  for  some 
applications or users due to the characteristics of particular frequencies.  

With  scarcity  comes  the  constant  potential  for  interference  between  different  signals  on  the 
same or adjoining frequencies, which can degrade or completely block one or both signals, in 
which  case  it  becomes  harmful  interference.  Allowing  harmful  interference  reduces  or 
nullifies the efficient use of spectrum. But in a number of cases an application can to a certain 
extent  tolerate  interference  without  significantly  degrading  the  underlying  service  quality. 
Hence, the impact of interference on a service needs to be considered on a case by case basis. 

Interference  is  a  key  parameter  for  users  of  spectrum,  as  it  determines  the  viability  of  a 
wireless application (e.g. guaranteeing a certain quality of service). Since interference can be 
mitigated in many cases by technical means, interference translates into costs.  

Another characteristic of radio spectrum is that radio emissions do not stop at borders. As a 
consequence interference is an important issue not just within the EU, but also at borders to 
third countries of the EU, which necessitate bilateral and/or EU level negotiations with third 
countries depending on the circumstances.   

2.2.2.  Characteristics of allocation and assignment of frequency bands to users 

Spectrum management is a task of distribution of a scarce resource under determined usage 
conditions. From a political point of view, the target is to maximise the socio-economic and 
environmental benefits inherent to radio spectrum.  

Management  involves  two  steps:  allocation  of  spectrum  bands  and  assignment  of  spectrum 
usage rights.  

Through  allocation  decisions,  administrations  responsible  for  spectrum  management 
determine the usage conditions for specific frequency bands, e.g. by specifying channel plans, 
maximum  emissions  permitted  etc..  In  certain  cases,  bands  are  reserved  for  specific  usages 
(e.g.  frequencies  used  for  radio  astronomy  or  meteorological  services)  or  types  of  networks 
(e.g.  satellite  networks,  terrestrial  cellular  networks  etc.).  Allocation  is  one  important  factor 

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which  determines  the  suitability  of  specific  spectrum  bands  for  interested  users  while 
potentially affecting scarcity and spectrum supply. 

Spectrum allocations by sector (108 MHz – 6 GHz) in a typical EU country3 

Other Commercial, 
26.7%

Defence, 27.2%

Mobile, 15.0%

Broadcasting, 8.2%

Aeronautical, 17.1%

Maritime, 3.6%

Wik, 2008

Public Safety, 0.9%

Other Public, 1.4%

In order to be able to use spectrum, spectrum usage rights need to be available. This is called 
assignment of usage rights.  

Two types of usage rights can be distinguished, depending on the degree of ownership. Since 
the type of usage right determines the number of users of a spectrum band, it not only affects 
the  efficiency  of  spectrum  usage  but  also  determines  the  responsibility  for  preventing 
interference. 

–  Assigning  individual  usage  rights,  either  on  an  exclusive  basis  or  to  a  small  number  of 
users. Through these individual usage rights the user is guaranteed a generally high level of 
protection  against  interference,  since  potential interferers  are  barred  from  using  the  same 
spectrum.  

–  Shared  usage  rights  by  opening  a  spectrum  band  to  a  usually  undetermined  number  of 
users  within  the  generic  technical  limits  set  out  in  the  allocation  to  limit  the  risk  of 
interference. However, an interference free environment is not guaranteed and the burden 

3 

The  figures  include  the  main  harmonised  allocations  plus  national  assignments  applicable  to  the  UK. 
Harmonised  allocations  account  for  over  90%  of  public  sector  spectrum  allocations  (in  bandwidth 
terms). Note that to avoid double counting we have assumed that all spectrum used by the civil aviation 
and  maritime  sectors  is  classed  under  those  sectors,  even  where  this  spectrum  is  also  used  by  the 
Defence  sector.  Where  spectrum  is  widely  used  for  commercial  applications  but  is  also  used  by  the 
Defence sector (e.g. the 5 GHz WLAN bands), this has been classified as commercial. 

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is  on  the  user  to  take  adequate  measures  to  protect  his  usage  of  the  spectrum  from 
interference. 

These notions are further developed under par. 2.2.3 on spectrum management models. 

The  methodology  of  selecting  of  usage  right  holders  (primary  assignment)  determines  the 
hurdle for a potential spectrum user to access radio resources and also the usage he can make 
of it (availability of spectrum, costs, time frame; local or wide area usage etc). It is hence a 
central issue to efficient spectrum management as it directly impacts on whether the spectrum 
users selected are the ones making the most efficient use of the resource. It is also critical to 
determine the degree of competition between spectrum users. 

Decisions on spectrum assignment can have an effect on competition as they can change the 
role and power of market players. Generally there is the risk that incumbent users can receive 
an undeserved competitive advantage and that competition is distorted. Any application of the 
flexibility principle must also take into account legacy situations and ensure that competition 
is  not  distorted.  Spectrum  can  create  a  barrier  to  entry  for  new  services,  applications,  and 
therefore  can  hamper  the  take-up  of  innovation.  At  the  same  time  legacy  rights  exist  for 
incumbent  users.  The  rapid  changes  in  technology,  as  well  as  user  demand,  mean  that 
innovation  must  be  facilitated  and  not  hampered  by  spectrum  policy,  while  taking  into 
account  legacy  situations  and  legitimate  expectations  of  existing  users  in  the  specific 
frequency bands.  

There  are  different  degrees  of  motivation  and  incentives  to  use  spectrum  efficiently.  The 
issuing of spectrum rights by itself does not a priori guarantee efficient use, either in technical 
terms or in drawing the maximum socio-economic benefits from radio resources. One way of 
promoting  efficiency  is  to  establish  payments  for  the  commercial  usage  of  spectrum 
corresponding to its value, either at the moment of assigning usage rights (e.g. via auctions) or 
as permanent payment by usage right holders (e.g. via administrative incentive pricing). 

Such  market  incentive  mechanisms  do  not  traditionally  apply  to  non-commercial  usages  of 
spectrum, such as defence, or public protection and disaster relief (PPDR). The Public sector 
is  a  substantial  user  of  spectrum,  with  assignments  representing  40-50%  of  the  valuable 
frequencies below 15 GHz, and spectrum assignments in the public sector are often viewed as 
permanent and in most cases, without cost; leading to the situation that efficiency of current 
use is rarely challenged. This can create an incentive for public sector organisations to seek 
spectrum resources beyond their needs for current use, holding spectrum for the possibilities 
of future use leading to spectrum hoarding. Spectrum hoarding in turn by its nature leads to 
inefficient use of spectrum. Furthermore often there is a lack of transparency and information 
on spectrum allocation so that the extent of public use of spectrum is not always known by 
either  the  national  spectrum  regulator  or  by  the  spectrum  users.  Public  sector  agencies  may 
not face sufficient incentives to make the most economically efficient use of their  spectrum 
assignments (e.g. through sharing with other compatible uses), or to give back spectrum to the 
spectrum management authority if they no longer need it. 

There  are  applications  which  may  require  exclusive  use  of  bands,  such  as  for  safety  of  life 
purposes. Other applications can operate in different bands, but the nature of the application 
requires  special  arrangements  (e.g.  certain  services  such  as  relief  services  (PPDR)  need  to 
access spectrum immediately and with priority). 

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Furthermore  there  is  a  significant  international  dimension  to  spectrum  management,  as 
international  coordination  of  spectrum  allocation  takes  place  at  global  level  through  the 
International  Telecommunication  Union  (ITU),  a  UN  body.  The  next  World  Radio 
Conference organised by the ITU is planned for 2012, at which negotiations will be held on 
several radio spectrum allocations, and where European interests will have to be defended in 
the competitive negotiating environment at global level for a range of frequency bands.  

Functioning of the current framework 

Radio  spectrum  policy  and  management,  as  they  apply  to  electronic  communications,  are 
dealt  with  by  the  Framework  Directive  2002/21/EC  and  the  Authorisation  Directive 
2002/20/EC  as  amended  by  Directive  2009/140/EC.  The  latter  introduced  significant 
regulatory improvements to ensure flexible and efficient use of spectrum, remove unnecessary 
rigidity  in  spectrum  management  and  put  in  place  measures  to  deliver  easier  access  to 
spectrum.  Furthermore,  the  Radio  Spectrum  Decision  already  allows  for  harmonisation  of 
technical  conditions  for  the  use  of  spectrum  relevant  to  existing  EU  policies  depending  on 
spectrum  for  the  use  of  spectrum  relevant  to  existing  EU  policies  depending  on  spectrum 
necessary  for 
in  Community  policy  areas  such  as  electronic 
communications,  transport  and  research.  As  expressed  in  recital  4  of  the  Radio  Spectrum 
Decision, "this decision is based on the principle that, where the European Parliament and the 
Council  have  agreed  on  a  Community  policy  which  depends  on  radio  spectrum,  committee 
procedures  should  be  used  for  the  adoption  of  accompanying  technical  implementing 
measures". 

internal  market 

the 

Commission  Directive  2002/77/EC  (the  "Competition"  Directive)  also  aims  at  eliminating 
exclusive and special rights in the use of frequencies and requires that assignment of spectrum 
be based on objective, transparent, non-discriminatory and proportional criteria. The so-called 
R&TTE Directive 1999/5/EC governs the placing on the market, free movement and putting 
into  service  in  the  Community  of  radio  equipment  and  telecommunications  terminal 
equipment,  including  the  fulfilment  of  essential  requirements  such  as  the  avoidance  of 
harmful interference. 

in 

the 

increasing  significance  as  an  enabler  for  sustainable  growth, 
Spectrum  use  has 
competitiveness  and  productivity 
internal  market  not  only  for  electronic 
communications  but  also  for  other  important  EU  policy  areas.  Since  not  all  demand  for 
spectrum can be satisfied, priorities need to be defined which ensure that spectrum is allocated 
and used in an efficient and effective way, taking into account EU policy objectives. Such EU 
policies  include  electronic  communications  with  the  objective  of  offering  broadband 
communications for all, broadcasting, transport, applications such as alarms, remote controls, 
hearing aids, microphones and medical equipment, research, environment protection and fight 
against global warming, safety, health, Earth observation, Global Monitoring for Environment 
and  Security  (GMES),  and  GALILEO,  the  independent  European  satellite  navigation  system. 
Decisions  on  spectrum  use  clearly  have  economic,  safety,  health,  public  interest,  cultural, 
scientific,  social,  environmental  and  technical  implications,  and  clearly  go  well  beyond  the 
sphere of electronic communications. 

Legal Basis - Art 114 TFEU  

It is therefore appropriate to go beyond Article 8a of the Framework Directive and to base the 
Decision  on  Article  114  TFEU,  considering  the  importance  of  the  availability  and  efficient 

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use of radio spectrum necessary for the establishment and functioning of the internal market 
as a whole, for electronic communications as well as for other EU policy areas. 

Description of stakeholders:  

1) Industry: 

- manufacturers of radio equipment (equipment using frequencies) and other applications of 
non ECS use like radars; 

- mobile and fixed wireless communications services providers;  

- radio and television broadcasters; 

2) Non commercial users- public sector: mainly social and environmental added value 

- Military uses,  

- public protection and disaster relief (PPDR), police, fire brigades,  

- radio astronomers,  

- maritime and aviation transport;  

- truck and taxi fleet;  

-  programme  making  and  special  events  (wireless  microphones  for  public  performances  in 
theatres, shows); 

3) Citizens using radio equipment/applications to receive services 

- wifi 

- large variety of short range wireless devices 

- radionavigation; 

-  handicapped  and  sick  persons  through  improved  medical  wireless  devices,  hearing  aids, 
social alarms (for social inclusion purposes in particular) etc. 

4) Different level of regulators and public spectrum management authorities:  

-  international  level,  mainly  the  International  Telecommunications  Union,  to  allocate 
spectrum between various types of uses, in order to avoid harmful interference 

- EU level: harmonisation of technical conditions for the use of spectrum and coordination of 
certain policy aspects to the extent required by the completion of the internal market. 

-  national  level:  national  frequency  authorities  have  the  main  competence  on  spectrum 
regulation and management. In some cases there are separate national regulatory authorities 
responsible  for 
the  electronic 
communications and in the broadcasting domains. 

licensing  of  spectrum  usage 

the  authorisation 

in 

/ 

Potential newcomers, new entrants and beneficiaries of EU spectrum policy 

The  EU  RSPP  should  not  only  allow  existing  spectrum  users  to  benefit  from  increased 
capacities and better coordinated and hence valuable spectrum, it should also allow new users 
to  develop.  This  would  include  new  wireless  services  operators,  new  digital  television  and 
radio broadcasters, public protection and disaster relief users, scientific researchers, maritime 

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and air transport, utilities such as electricity and gas providers, and citizens who make daily 
use of all types of wireless devices including handicapped and sick people.  

2.2.3. 

Spectrum management models 

Three models of spectrum management can generally be identified:  

–  the administrative model where public authorities decide on the allocation of spectrum and 

the assignment of spectrum usage rights and no secondary trading is permitted; 

–  the  market-based  model  where,  after  initial  assignment  of  usage  rights  by  a  public 
authority,  market  forces  determine  the  use  of  spectrum  as  well  as  the  actual  users  of  the 
spectrum, through the possibility to trade rights and to adapt the use of the spectrum;  

these  two  models  are  particularly  relevant  for  the  assignment  of  individual  spectrum  usage 
rights - 

and 

–  the  unlicensed  model  where  users  share  spectrum  and  anybody  has  access  to  spectrum 
subject  to  certain  minimal  requirements  set  out  in  the  allocation  such  as  technical  usage 
conditions.  

Where individual usage rights are required and where demand for spectrum exceeds supply, 
administrative  decisions  are  now  increasingly  replaced  by  competitive  bidding  procedures 
conducted by administrations to evaluate applications against pre-determined selection criteria 
or by auctions on the consideration that the market can best identify the most efficient user.  

On the contrary, shared spectrum usage does not require the issuance of individual rights and 
sets a very low barrier to access spectrum, albeit at the price of having to share the usage of 
spectrum with potentially many other users; as a consequence, such model applies primarily 
to short range transmissions where the density of users is low and creates additional costs to 
mitigate interference from other users.  

Sharing of spectrum is likely to emerge as a key method to ensure technically efficient use of 
spectrum; this will require to meet regulatory challenges (e.g. to manage interference, ensure 
equitable  access  to  spectrum,  solve  competition  issues,  manage  information  on  spectrum 
usage  and  deal  with  existing  legacy  usage  rights).  It  is  made  increasingly  possible  through 
recent  technological  developments  allowing  to  better  handling  interference.  Innovative 
solutions are appearing, such as dynamic spectrum access; this allows each user to get part of 
the  spectrum  band  according  to  his  actual  immediate  needs,  allows  other  users  to  use  the 
remaining part of the band, makes spectrum usage possible for a much larger user community 
and  allows  individual  and  exclusive  rights  to  be  granted  to  meet  temporary  needs,  thereby 
creating  a  real-time  spot  market  for  spectrum  rights.  Certain  spectrum  bands  can  also  be 
shared  in  their  so-called  white  spaces,  i.e.  parts  of  the  band  which  are  kept  unused  for  the 
avoidance of interference between the main users of the band such as broadcasters. Spectrum 
sharing  is  also  possible  where  radio  transmitters  can  adapt  themselves  with  so-called 
software-defined radio  or cognitive radio to find  unused frequencies and adapt transmission 
power levels.  

Advantages of the various management models are marked as (+) if minor or (++) if major, 
while disadvantages are marked (-) if less significant or (--) if more significant.  

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"Unlicensed" approach 

Regulatory 
burden 

An  unlicensed  approach  allows  delivery  of  various  services  (++)  and  permits  different 
technologies to be used. (++) 

Access 

Anyone  can access  and  use  the  spectrum  (++).  New  technologies  can  access  spectrum, 
but there may be an issue of managing generational change (+) 

Interference  The  necessary  technologies  to  implement  interference  management  are  today  available 
for  short  range  communications  (+)  Technologies  for  managing  interference  are  a 
constraint  on  product  design  and  require  industry  agreement  and  licensing  (-)  Longer 
range  communications  can  as  yet  not  be  managed  in  this  way  (-  -)  In  future  this  may 
move to a (+) 

Innovation 

It  may  enable  innovation  and  investment  in  services,  as  well  as  increased  competition 
(++) 

"Market-based" approach 

Regulatory 
burden 

Allowing secondary trading of spectrum usage rights between users would deliver some 
benefits by simplifying transfers (+), further increased when combined with removal of 
restrictions on services and limitation of technical restrictions to the minimum (++) 

Access 

Secondary  trading  complements  administrative  issuance  of  spectrum  rights  (+); 
combined with neutrality, it allows the introduction of new technologies (++) 

Interference  The definition of technical parameters of spectrum usage rights is crucial to interference 
management.  Increased  monitoring  and  enforcement  are  required  to  manage  the 
expected "denser" use (+) 

Innovation 

This  model  encourages  innovation  and  investment  and  removes  artificial  regulatory 
bottlenecks constraining competition (++), with the risk however of hoarding (- -)  

"Administrative" approach 

Regulatory 
burden 

The  regulatory  burden  of  the  administrative  approach  can  be  diminished;  this  would 
benefit existing users (+) 

Access 

Access to spectrum for new entrants would remain unchanged (=) If regulatory burden 
is  lowered,  new  technologies  would  have  improved  access  provided  this  benefits 
existing users (+/=) 

Interference 

Interference management would remain at a high level (++) 

Innovation 

Innovation and investment would depend on administrative decisions. The limitation of 
competition would benefit operators and technology providers, but not consumers (-) 

Evolution and the influence of market forces in services and applications using spectrum 

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With the review of the regulatory framework for electronic communications, the introduction 
of flexibility, the service and technology principles and the possibility to trade spectrum, the 
decision making power will shift somewhat from public administrations to the user and to the 
market  forces.  It  will  be  a  move  from  a  command-and-control  approach  where  public 
administrations decide how to use spectrum to a context where the decision on the use of the 
spectrum will be determined more and more by the market and by the user of the spectrum 
himself.  The  regulators  will  have  to  ensure  that  this  occurs  smoothly  by  ensuring  that  no 
harmful interference is occurring, that technical quality of the service is ensured, that health is 
protected,  that  spectrum  is  used  efficiently,  that  general  interest  objectives  may  be  fulfilled, 
that  safety  of  life  services  are  guaranteed,  that  social,  regional  and  territorial  cohesion  is 
promoted, as well as cultural and linguistic diversity together with media pluralism. 

This flexibility principle is slowly being introduced in the use of spectrum, and has been so 
under  the  notion  of  WAPECS  (Wireless  Access  Policy  for  Electronic  Communications 
Services).  A  studyiv  contracted  by  the  Commission  in  2004  to  Analysys,  estimated  that  the 
introduction of flexibility combined with spectrum trading, could bring an additional EUR 9 
billion per annum in consumer surplus relative to the status quo scenario. 

2.3. 

Increased reliance on technologies that make use of spectrum 

There is a wide range of uses for radio spectrum. Beyond electronic communication services 
(ECS) there are numerous other services, applications and users scattered across the spectrum 
bands, often sharing a common range of frequencies. Therefore there is a particular difficulty 
in dividing spectrum according to uses and in singling out those uses which relate to ECS.  

The growing demand for spectrum is fuelled by the pervasive role of the internet, where data 
communication plays an increasing role for every citizen. Coupled with increasing mobility, 
nomadic  working  etc.  wireless  data  services  are  currently  increasing  dramatically  in  usage 
terms but also in terms of data volumes and bandwidth arising from personal communications 
(voice  and  images),  media  consumption  (audio,  video,  broadcasting),  gaming,  access  to 
personal  data,  general  information  access,  social  networking,  practical  operations  (e.g. 
banking,  payment,  interaction  with  administrations  etc.).  Consumers  want  to  enjoy  the 
benefits  of  competing  wireless  services  as  this  drives  services  quality  and  affordability. 
Making  available  sufficient  spectrum  and  a  harmonised  spectrum  space  can  at  EU  level 
constitute the key challenges to satisfy these demands 

A significant problem that results relates to the accessibility of a service using radio spectrum 
and  the  potential  exclusion  of  certain  potential  users  due  to  different  factors.  The  digital 
divide refers to the divide between certain groups of people who have access to and/or make 
use of certain digital services and others who do not. The dividing line can be a function of a 
range  of  criteria,  for  example  gender,  age  or  socio-economic  background.  Furthermore  one 
can identify a geographical divide in respect of access to a broadband service (whether wired 
or wireless), with some areas left without any broadband coverage. Consideration should be 
given  to  the  quality  divide  that  relates  to  access  to  the  latest  technologies  and  highest  data 
rates, with some areas only having access to less advanced broadband services (this is likely 
to  be  strongly  correlated  to  the  geographical  divide).  Such  a  divide  may  result  in  a  loss  of 
socio and economic benefits for those who miss access.  

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Due to the lack of availability of mobile broadband coverage there is also a potential risk of 
broadband  mobility  divide,  meaning  the  divide  between  the  certain  groups  of  people  who 
have access to and/or make use of certain mobile digital services and others who have only 
access to and/or make use of digital services at a fixed location. 

2.4. 

The EU dimension  

Spectrum management is still largely a Member State competence, which should however be 
exercised in compliance with EU law. While the need of a certain level of coordination at EU 
level is generally acknowledged, this raises the question of why and to what extent specific 
EU actions on spectrum adds value. 

According  to  the  draft  RSPG  opinion  on  the  RSPP,  spectrum  is  a  national  resource  which 
should  be  managed  in  a  coordinated  manner  by  EU  Member  States  in  conjunction  with  the 
European  Commission,  within  the  international  regulatory  context.  This  demonstrates  the 
general attitude of Member States to spectrum management.  

Added value of EU coordination on balance 

The following reasoning for action at national level can be applied:  

•  Some uses of radio spectrum, the markets for wireless services as well as needs for public 
services vary greatly amongst Member States. Spectrum management therefore needs to be 
differentiated to take into account the specific national conditions. 

•  Each Member State carries a legacy of spectrum management history. Aligning this legacy 
according to new EU prerogatives in terms of spectrum usage is difficult and costly, and 
requires time.  

Today,  there  is  only  to  a  limited  extent  a  coordinated  "EU  spectrum  space",  with  the 
exception of the harmonisation of usage conditions (allocation) of certain bands on the basis 
of the Radio Spectrum Decision. The European Union framework for granting rights of use 
for  spectrum  in  electronic  communications  is  otherwise  limited  to  general  principles,  and 
assignment in terms of methods and usage right conditions are not coordinated at EU level. 
Also, significant amounts of spectrum are used for activities outside of the competence of the 
European Union (defence and security).  

As  a  result,  the  development  of  a  co-ordinated  internal  market  in  wireless  equipment  and 
services  remains  limited.  According  to  a  study  conducted  in  2004,  even  if  Member  States 
individually  took  the  most  appropriate  action  to  modernise  their  spectrum  management,  the 
effect would be that Europe would fail to realise 30% of the potential benefits unless the EU 
coordinated its efforts.v There is a high potential for added value in attaining more efficiency 
in  the  use  of  radio  spectrum  within  the  European  Union  by  addressing  following  potential 
drawbacks of a unilateral or uncoordinated approach by Member States. 

•  Lack of coherence of national approaches might hamper the usability of the spectrum and 

might lead to a fragmentation of the European internal market;  

•  Lack of economies of scale and Europe-wide coverage of services may hurt the European 
economy. The use by one Member State of a given frequency band will entail significant 
extra  equipment  and  terminal  costs,  if  the  same  equipment  or  application  operates  on  a 
different band elsewhere. This prevents governments, operators and users from benefitting 
from economies of scale and hinders the development of the internal market.  

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•  With  a  fragmented  internal  market  industry  faces  a  higher  administrative  burden  in 
following applicable spectrum regulations and this poses also an additional barrier to entry 
for  innovatory  applications  since  for  each  individual  Member  State  administrative 
procedures and regulatory requirement need to be respected individually.  

•  It might lead to a missed opportunity in boosting the innovation potential at European level 
and  in  addressing  potential  bottlenecks  relating  to  radio  spectrum  which  could  create  a 
significant  barrier  to  entry  to  innovative  services  and  applications.  Therefore  this  could 
lead  to  a  possible  delay  in  investments  as  incentives  for  investment  could  be  far  more 
limited for national Member States markets than for a coordinated European market where 
spectrum requirements are aligned 

•  Radio emissions do not stop at borders. Lack of EU coordination resulting in cross border 
interference might prevent Member States from allocating radio spectrum to its best uses; 
interference  impair  significantly  how  the  application  relying  on  spectrum  works  and  the 
quality  of  the  service  provided  and  might  therefore  have  significant  negative  effects  on 
functioning of the economy as such. Interoperability of applications and services would be 
endangered  as  consumers  crossing  the  border  might  need  different  equipment  and 
applications  to  receive  the  same  kind  of  service.  And  again  cross  border  interference 
results  in  higher  costs  for  operators  of  the  different  applications  and  therefore  leads  to 
higher prices for consumers. 

•  A  unilateral  approach  at  Member  States  level  might  lead  to  an  inefficient  way  of  using 
spectrum and a suboptimal use of spectrum with regard to the potential economic, social 
and environmental benefits at European level. 

•  Coordination  with  third  countries  and  international  representation  of  common  interests 
might be more difficult and less fruitful if Member States act unilaterally and not unified 
under the umbrella of the European Union with its economic and political weight;  

•  Lack of clear and measurable political priorities, agreed among the institutions, may delay 
important European initiatives that depend or benefit from strategic actions in the area of 
radio spectrum use. 

Despite the above potential European added value, the EU's current role in spectrum policy is, 
as  said,  limited.  Following  the  indication  given  by  the  amended  Framework  Directive,  and 
based on Article 114 TFEU, a Radio Spectrum Policy Programme should therefore set out the 
guiding principles and the objectives to be followed by Member States and EU Institutions in 
the  field  of  radio  spectrum  and  indicate  the  initiatives  which,  in  line  with  subsidiarity  and 
proportionality,  should  be  taken  to  allow  a  swift  implementation  of  these  principles  and 
objectives. 

Political acceptance of an RSPP with Council and the EP 

The EP and Council have called for a general political assessment of spectrum management, 
beyond technical issues which are normally dealt with under the Radio Spectrum Decision.  

As Recitals 4 and 5 of the 2002 Radio Spectrum Decision already provided, there is a need for 
EP and the Council to agree on EU radio spectrum policies. Any new policy of the European 
Union in that field should be agreed by the EP and the Council on the basis of a proposal from 
the Commission.  

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Building  thereupon,  Recital  28  of  Directive  2009/140/EC,  while  recognising  that  spectrum 
management  largely  remains  within  the  competence  of  the  Member  States,  calls  for 
harmonisation at European Union level which can help ensure that spectrum users derive the 
full  benefits  of  the  internal  market  and  so  that  EU  interests  can  be  effectively  defended 
globally.  The  EP  and  Council  have  therefore  called  upon  the  Commission  to  propose 
legislative  multiannual  radio  spectrum  policy  programmes  to  set  out  the  initiatives  for  the 
strategic planning and harmonisation of the use of radio spectrum in the European Union.  

Recital  28  defines  the  possible  content  of  such  programmes  as  being  initiatives  referring  to 
the  availability  and  efficient  use  of  radio  spectrum  necessary  for  the  establishment  and 
functioning  of  the  internal  market,  referring,  where  appropriate,  to  "the  harmonisation  of 
procedures  for  the  granting  of  general  authorisations  or  individual  rights  of  use  for  radio 
frequencies where necessary to overcome barriers to the internal market". 

The Spectrum summit co-organised on 22-23 March 2010 by the EP and the Commission has 
shown  strong  support  from  the  Members  of  Parliament,  from  Member  States  and  from  the 
industry  for  such  a  programme.  Member  States  are  also  taking  part  in  the  exercise  as  the 
Radio Spectrum Policy Group, which gathers high representatives from each Member State. 
This  group  produces  an  opinion  as  to  the  future  content  of  the  programme,  which  the 
Commission takes fully into account in the preparation of the RSPP. 

3. 

OBJECTIVES PURSUED BY THE RSPP 

Setting  out  initiatives  for  the  strategic  planning  and  harmonisation  of  the  use  of  radio 
spectrum, presupposes the identification of wider political priorities for which radio spectrum 
is identified to play a key enabling role with a clear EU perspective. Spectrum is essential for 
the development and use of wireless technologies and applications that foster growth, public 
safety  and  security,  and  therefore  comes  into  play  to  established  political  priorities  of  the 
European Union.  

Reflecting  this  role  of  radio  spectrum,  there  are  already  today  regulatory  principles 
established  in  the  EU  regulatory  framework  for  electronic  communications  services,  as 
amended in 2009, as well as the goals already established in the Radio Spectrum Decision and 
its implementing measures. 

The RSPP should therefore build on these provisions by reaffirming and further clarifying the 
guiding principles, such as the respect where possible of technology and service neutrality in 
the  allocation  and  assignment  of  spectrum,  and  by  gearing  initiatives  associated  to  radio 
spectrum  at  EU  level  towards  common  usage  conditions  where  necessary,  while  otherwise 
ensuring  full  co-ordination  across  the  EU,  or  strengthening  co-operation  between  Member 
States, as appropriate. 

Noting that the RSPP is multi-annual, it is possible to pick and focus on the most urgent and 
important issues now, while leaving other important issues for following programmes. Given 
the  fast  moving  technical  area,  the  envisaged  scope  should  not  lead  to  an  exhaustive  list  of 
actions,  but  rather  targeted  a  set  of  concrete  and  measurable  goals  to  be  achieved  in  a  five 
year time frame, after which point in time the next RSPP would be drafted.  

The  first  Radio  Spectrum  Policy  Programme  will  outline at a strategic level how the use of 
spectrum can contribute to the current political priorities of the European Union from 2011 to 
2015  and  will  set  out  the  guiding  principles  and  the  objectives  to  be  followed  by  Member 

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States and EU Institutions in the field of radio spectrum, indicating initiatives allowing a swift 
implementation  of  these  principles  and  objectives.  More  specifically,  and  based  on  the 
problems described in chapter 2, the following objectives can be identified: 

•  Support objectives relating to wireless broadband laid down in the EU2020 strategy 
and Digital Agenda for Europe through radio spectrum policy; The EU 2020 initiative 
has established the high level strategic goals of European policy up to 2020. This strategy 
has identified a flagship initiative which directly is linked to the use of spectrum resources 
and  where  demand  for  spectrum  is  exponentially  growing:  the  objectives  related  to 
coverage and speed requirements on broadband access. These objectives pose a challenge 
in  relation  to  a  main  problem  identified,  namely  the  mismatch  between  the  growing 
demand for new wireless services and available spectrum resources; 

•  Promote  efficiency  of  spectrum  use  in  the  areas  of  EU  policy,  in  particular  by 
fostering flexibility and competition; Furthermore spectrum is a scarce resource which is 
too  valuable  to  be  wasted.  This  resource  has  to  be  managed  efficiently  in  order  to  allow 
users  to  benefit  from  most  valuable  uses  of  spectrum.  In  the  areas  of  EU  competence 
therefore it is important to promote as far as possible the efficient use of spectrum; 

•  Promote  innovation  at  European  level  with  a  radio  spectrum  policy.  A  fragmented 
European market can significantly hamper innovation as entry barriers are higher and also 
as  incentives  for  investment  are  lower  than  for  a  functioning  internal  market.  However 
innovation  is  crucial  as  innovation  itself  can  support  optimising  the  use  of  spectrum 
through  the  introduction  of  new  and  more  efficient  technologies  and  therefore  can 
potentially contribute to decreasing the mismatch between demand and supply of spectrum. 

•  Address weaknesses in the process and methodology of spectrum management within 
the  limits  of  EU  competency;  As  explained  in  2.2  there  is  a  slow  swift  in  spectrum 
management  towards  more  market  oriented  approaches,  however  this  trend  is  present  in 
the different Member States to various degrees. As spectrum management is considered by 
Member  States  a  national  competence  this  is  an  important,  but  difficult  area  where 
nevertheless  efficient  use  of  spectrum  could  be  further  enhanced  and  therefore 
contributions could be made to addressing the problems of suboptimal use of spectrum and 
the mismatch between demand and supply of radio spectrum. 

•  Support  objectives  relating  to  combating  climate  change  and  promoting  energy 
efficiency  laid  down  in  the  EU2020  and  Digital  Agenda  for  Europe  through  radio 
spectrum policy. Applications exist which rely on the use of radio spectrum and which are 
tools to support the combat against climate change and to promote energy efficiency. The 
Commission  has  identified  a  few  applications  which  have  these  features  and  there 
potentially  spectrum  availability  at  European  level  could  pose  a  bottleneck  to  their  full 
development.  An  example  is  the  intelligent  transport  systems  which  ensure  that  travel 
routes  are  optimised  and  therefore  less  CO2  is  emitted.  Again  as  high  level  political 
priority  has  been  allocated  to  these  objectives,  also  radio  spectrum  policy  has  to  support 
these  sectoral  policies  by  eliminating  any  bottlenecks  at  the  level  of  radio  spectrum 
availability and by potentially ensuring spectrum with conditions harmonised at European 
level.  

•  Protect European policy interests at international arenas and support Member States 
when dealing with third countries in relation to radio spectrum policy; The European 
Union should use its economic and political weight in supporting European interests also 

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in  relation  to  radio  spectrum  so  as  to  limit  cross  border  interference  with  third  countries 
and therefore to ensure that radio spectrum use is further optimised with third countries and 
at an international level. 

•  Contribute to promoting the internal market of equipment, services and/or networks. 
The harmonised use of spectrum, or at least the coordinated use of spectrum at European 
level is an essential prerequisite of the establishment and functioning of the internal market 
for  equipment  and  services  which  rely  on  spectrum  use.  Therefore  only  once  the 
suboptimal  use  of  spectrum  and  the  mismatch  between  demand  and  available  spectrum 
resources are addressed to a sufficient degree, will an internal market be possible for such 
equipment, services and/or networks which rely on spectrum resources use. 

At this stage it is not possible to seek to engage in a fully detailed analysis of the impact an 
RSPP would have for each of the principles and objectives listed above, or the proportionality 
of each proposal. The aim of this impact assessment is rather to make the link between these 
specific  objectives  and  initiatives  in  radio  spectrum  policy  which  would  support  their 
achievement. 

The  current  impact  assessment  is  hence  at  the  same  strategic  level  as  the  proposal  it 
accompanies.  This  approach  is  in  line  with  the  spirit  of  the  regulatory  framework  and  the 
proportionality  principle  it  advocates.  Furthermore,  it  corresponds  to  the  feedback  received 
from the public consultation and during the Spectrum Summit emphasising the need to stick 
to a strategic direction of spectrum policy at EU level, rather than to take policy actions at EU 
level on an ad hoc basis without a frame of objective.  

4. 

POLICY OPTIONS FOR THE ASSESSMENT OF THE RSPP 

The  institutional  debate  that  will  follow  the  Commission's  proposal  will  allow  a  focused 
discussion on what are the areas in which further EU harmonisation and coordination could 
add value, and what measures can lead to a more efficient use of radio spectrum of benefit to 
stakeholders from an economic, social and environmental point of view.  

The  recently  amended  regulatory  framework  for  electronic  communications  states  that  the 
Commission may submit a multi-annual Radio Spectrum Policy Programme to be adopted by 
the  European  Parliament  and  the  Council.    This  regulatory  framework  relates  to  electronic 
communications  services  (ECS),  but  there  are  significant  areas  of  spectrum  use  that  fall 
outside the scope of ECS, including transport, scientific use, medical equipment etc. Because 
the majority of the usable spectrum is not devoted to ECS, it is already the case that neither 
the scope of the Radio Spectrum Decision nor the remit of the RSPG are limited to ECS, so 
extending  the  scope  of  the  Radio  Spectrum  Policy  Programme  to  uses  in  sectors  beyond 
electronic communication services must be strongly considered.  

As  a  result,  it  is  necessary  that,  in  this  Impact  Assessment,  the  scope  of  the  proposal  is 
examined. Three basic options have therefore been defined, as follows: 

–  The  baseline  scenario  that  the  management  of  radio  spectrum  continues  on  the  current 
basis, without setting out the guiding principles, objectives and initiatives in the form of a 
policy  programme,  and  without  linking  current  actions  on  spectrum  to  a  wider  context. 
(The amended Framework Directive makes it possible, but not mandatory, to act, as does 
the Radio Spectrum Decision for technical harmonisation measures.) ; 

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–  A  radio  spectrum  policy  programme  is  developed  with  the  limited  scope  defined  in  the 

Framework Directive, namely electronic communication services; 

–  A  radio  spectrum  policy  programme  is  developed  addressing  all  sectors  where  radio 

spectrum is used, and where the EU has internal market or sectoral competence. 

Once the scope of the proposal has been defined, the impact assessment will have to assess on 
a strategic level the following policy options responding to the objectives defined in chapter 
3: 

–  No initiative identified to be addressed under the first Radio Spectrum Policy Programme;  

–  Identification of initiative in the form of further analysis, study and discussion.  

–  Identification of initiative in the form of concrete actions in terms of content or procedure; 

In view of the political priorities at stake, objectives have been identified, resulting from the 
problem definition, taking full account of the Opinion of the RSPG as well as the results of 
the public consultation and the contributions at the Spectrum Summit. It is assessed in terms 
of the above policy options to decide whether the Radio Spectrum Policy Programme should, 
in fact, set out the guiding principles and the objectives to be followed by Member States and 
EU institutions in the field of radio spectrum, indicating the initiatives to be taken to allow a 
swift  implementation  of  these  principles  and  objectives.  The  links  between  the  problem 
definition,  the  principles  and  objectives  deriving  from  this,  and  the  identification  of  policy 
options that result, are shown as follows. 

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Policy challenge or problem 
(see chapter 2) 

Objectives 
(see chapter 3) 

access 

Mismatch  between  growing 
for  new  wireless 
demand 
services and available spectrum 
resources;  Geographical  divide 
to 
of 
respect 
in 
broadband services 
Suboptimal  use  of  spectrum: 
Inefficient  use  of  spectrum 
technical,  economic 
from  a 
and/or  social  point  of  view;  as 
spectrum  is  a  scarce  resource 
efficient use of it is vital 
Mismatch  between  growing 
demand 
for  new  wireless 
services and available spectrum 
resources:  Spectrum  being  a 
potential 
for 
innovation;  Suboptimal  use  of 
in 
spectrum: 
terms  of  spectrum  allocation 
and assignment process 
Suboptimal  use  of  spectrum: 
Inefficient  use  of  spectrum 
from an environmental point of 
view;  some  applications  which 
are  very  valuable  from  an 
perspective 
environmental 
might  not  have 
sufficient 
spectrum available to operate 
Suboptimal  use  of  spectrum: 
Interference  at  borders  as  radio 
emissions do not stop at borders 

Inefficiencies 

bottleneck 

Enable  sufficient  progress 
to 
support  overarching  objectives 
relating to broadband access laid 
down  in  the  EU2020  strategy 
and the Digital Agenda  through 
radio spectrum policy 
Promote  efficiency  of  spectrum 
use in all areas of EU policy, in 
particular by fostering flexibility 
and competition 

Promote innovation at European 
level  with  a  radio  spectrum 
policy  

Support  overarching  objectives 
in  relation  to  energy  efficiency 
and  combating  climate  change 
laid  down 
the  EU2020 
in 
strategy  and  the Digital  Agenda  
through radio spectrum policy 

policy 
European 
Defend 
interests  at  international  arenas 
and  support  Member  States 
when 
third 
dealing  with 
countries  in  relation  to  radio 
spectrum policy 

Resulting areas where the 
RSPP shall set out principles, 
objectives and initiatives  (see 
chapter 6) 
Contributing  to  Digital  Agenda 
for Europe to enable "Broadband 
for all" at an appropriate speed  

Review  of  spectrum  use;  public 
use  of  spectrum;  the  first  steps 
are  to  review  how  spectrum  is 
currently used 

and 

easy 

access 
entry  barriers 

to 
Equal 
spectrum; 
to 
spectrum  use  should  be  lowered 
for innovatory applications 

Combating  climate  change  and 
promoting  energy  efficiency  by 
ensuring 
identified 
applications  using  spectrum  that 
serve this purpose have sufficient 
spectrum available 

those 

that 

interests 

at 
Defending  EU 
international  level;  help  Member 
States,  when  negotiating    with 
neighbouring 
on 
spectrum matters 

countries 

In  chapter  3  an  additional  specific  objective  is  defined  in  relation  to  the  promotion  of  the 
internal  market  of  equipment,  services  and  networks.  This,  however,  does  not  translate  into 
one specific area, since any harmonisation measure for radio spectrum at European level has 
the  potential  to  promote  the  internal  market  of    equipment,  services  and/or  networks  by 
creating a bigger European market in that specific frequency band for that specific spectrum 
use. While realising this potential depends on several factors which are partially outside the 
scope of this exercise (e.g. the functioning of the internal market for equipment is examined 
by DG ENTR and is governed by the R&TTE Directive), a co-ordinated approach to spectrum 
can have significant benefits for a genuine internal market. The internal market dimension is 
discussed in each of the sections of chapter 6, if appropriate. 

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5. 

ASSESSMENT OF THE IMPACT OF THE SCOPE THAT CAN BE GIVEN TO THE RSPP 

Quantifying  the  impacts  of  a  strategic  proposal  such  as  the  RSPP  is  very  difficult  even  if, 
clearly, any subsequent initiatives undertaken on the basis of the programme in this area are 
likely to have an economic, environmental, social or cultural impact. However, there may also 
be tangible impacts arising from a decision not to identify a specific action, or from a failure 
to  implement  it.  Impacts  will  vary  according  to  the  particular  use  of  radio  spectrum.  The 
section will thus assess, in qualitative terms, the impacts of the basic policy options regarding 
the existence and scope of the RSPP. 

5.1. 

Comparing the impact of the basic options 

5.1.1.  No Radio Spectrum Policy Programme  

The  problem  definitions  set  out  in  section  2  can  be  addressed  through  measures  and  action 
carried  out  without  the  development  of  a  Radio  Spectrum  Policy  Programme.  In  this  case 
spectrum management at national and European level would continue along the same lines as 
at the moment, and the Commission could make ad hoc proposals for initiatives it felt were 
necessary to support current policy objectives in line with the existing legal framework.  

It  is  not  possible  to  quantify  the  opportunity  costs  arising  from  the  absence  of  a  strategic 
proposal  agreed  by  the  main  EU  institutions,  notably  in  terms  of  lack  of  predictability  of 
policy initiatives, and a lack of legal certainty as well as weaknesses in the transparency of the 
decision processes overall. But the loss of credibility and the political cost if the Commission 
were  not  to  make  a  proposal  and  consequently  not  involve  the  European  Parliament  and 
Council  in  a  decision  making  process  on  spectrum  policy  could  be  immense.  It  could  also 
give  rise  to  a  serious  deficit  in  the  development  of  specific  policy  initiatives  relating  to  the 
development  of  wireless  broadband,  which  could  have  a  potentially  significant  negative 
economic and social impact. The amendment of the GSM Directive showed how the absence 
of  awareness  and  discussion  on  strategic  objectives  can  lead  to  considerable  delays  in  the 
adoption process even for technical measures which had widespread support, and has a direct 
regulatory  and  economic  impact.  In  this  case  it  led  to  delays  in  the  clarification  and 
modification  of  operators'  licences  in  a  number  of  Member  States  at  a  crucial  time  for  the 
development of 3G services. Such delays are detrimental to a rapidly developing, technology 
driven sector which is dependent of spectrum.  

5.1.2.  Policy Programme with a scope limited to electronic communication services 

Compared to the option under 5.1.1, the benefits of preparing a strategic document setting out 
priorities of spectrum management at European level would ensure that actions in the area of 
spectrum are transparent and predictable. Furthermore the aim is to identify the most urgent 
needs  for  action,  so  that  adequate  time  and  effort  is  dedicated  to  appropriate  planning  of 
activities and foreseeing potential obstacles and problems of spectrum allocation beforehand.  

As an example, the Spectrum Summit gave stakeholders an additional opportunity to raise any 
topic  in  this  context  which  they  considered  important,  and  also  allowed  for  a  face-to-face 
debate  between  various  stakeholders  and  with  decision-makers.  This  event  provided  an 
additional possibility for the Commission to gather information on the demand for spectrum 
and on barriers that stakeholders face. Essential input was also received on what Members of 
Parliament consider vital for inclusion in the  Radio  Spectrum  Policy  Programme.  Therefore 
the  information  gap  between  the  European  Commission  dealing  with  spectrum  policy  and 
stakeholders using spectrum on a daily basis could be reduced, a deeper knowledge and better 

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understanding  was  achieved  on  the  demand  side.  Through  this  extensive  involvement  of 
stakeholders the European Commission is also in a better position to actually respond to these 
needs  and  there  is  a  higher  likelihood  that  the  initiative  of  the  Commission  will  result  in 
policy choices and priorities which are future proof and fit the needs well.  

Moreover through the endorsement by the European Council and European Parliament of the 
Radio  Spectrum  Policy  Programme,  and  the  involvement  of  the  RSPG  through  its  opinion, 
any  initiative  retained  will  ensure  a  coherent  approach  and  will  command  a  high  degree  of 
consensus. This in turn creates higher certainty and stability in the regulatory environment for 
stakeholders,  which  should  lead  to  greater  success  in  achieving  the  policy  objectives 
identified.  

While  high-level  policy  objectives  are  identified  in  documents  such  as  the  Europe  2020 
strategy, the European Commission must subsequently analyse individual goals in depth and 
propose  detailed  measures  to  reach  the  stated  aims.  The  Commission  needs  to  undertake 
further effort in identifying the detailed steps necessary to achieve the high level objectives. 
The  Radio  Spectrum  Policy  Programme  is  one  of  these  tools  which  provides  for  a  more 
detailed strategy which in turn can ensure that a high level objective is achieved.  

There  are  no  direct  costs  elements  which  would  accompany  the  elaboration  of  the  Radio 
Spectrum Policy Programme, apart from administrative effort to develop this document. The 
Programme  sets  out  the  principles  and  the  objectives  to  be  followed  by  Member  States  and 
EU Institutions in the field of radio spectrum and indicates the initiatives to be taken to allow 
a  swift  implementation  of  these  principles  and  objectives.  It  is  not  envisaged  to  create  an 
exclusive  and  prescriptive  list  of  actions  to  be implemented  in  the  next  5  years.  Such  a  list 
would  limit  to  an  essential  extent  the  flexibility  of  the  European  Commission  to  act  in  the 
field of radio spectrum policy if circumstances change.  

A Radio Spectrum Policy Programme proposed by the European Commission and adopted by 
the Parliament and Council engages the credibility of the European institutions and hence has 
a good probability of being implemented. There is a risk, however, that an overly ambitious 
policy  programme  fails,  as  Member  States  might  not  implement  the  proposals.  Creating  a 
Radio  Spectrum  Policy  programme  which  does  not  provide  sufficient  vision  or  strategic 
perspective could lead to underperformance in terms of the potential that could be exploited. 
Therefore, it is important to reach a balance as regards ambition and practical feasibility.  

Electronic communications and other type of services are scattered over a significant number 
of frequency ranges, which makes it difficult to single out non ECS uses and apply different 
spectrum management measures than for ECS. This would also lead to further inefficiencies 
in  spectrum  management  and  would  lead  to  further  administrative  burden  as  spectrum 
management would become even more complex. Also as spectrum is a scarce resource, only 
addressing the problems identified for some uses, namely the ECS uses would be insufficient. 

5.1.3.  Policy Programme with a scope going beyond electronic communication services 

When considering whether to propose a Radio Spectrum Policy Programme, the scope of the 
initiative  needs  to  be  defined.  The  initial  legal  basis,  from  which  the  impetus  for  the 
elaboration  of  such  a  strategic  document  originated,  was  the  Framework  Directive  covering 
electronic  communication  services  (ECS).  However,  as  radio  frequencies  are  used  for  far 
more  than  just  telecommunications,  it  has  to  be  examined  whether  limiting  the  Radio 
Spectrum Policy Programme to ECS is justified, and what scope is most beneficial.  

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In  the  public  consultation  a  significant  proportion  of  contributions  related  to  services  other 
than  electronic  communication  services,  and  valuable  input  had  been  received  which  shows 
that stakeholders consider it important that other applications (where radio spectrum is used), 
are covered by the RSPP. (See Annex 2) 

In the public consultation the following key issues (together with a set of questions for each 
topic) were identified in connection with the EU political priorities that were considered most 
relevant for the RSPP: 

a. Economic recovery and growth 

b. Social inclusion, services for citizens 

c. Environmental and health protection 

d. Space exploration, transport safety 

e. Effective coordination at international level and negotiations with third countries 

f.  Refarming and competition 

It is clear by looking at these themes that not all relate to electronic communication services 
(i.e.  point  d)  or  can  cover  both  electronic  communications  services  as  well  as  services  not 
related to electronic communications (i.e. points a, b, c, e, f).  

Furthermore,  the  Radio  Spectrum  Policy  Group  refers  several  times  in  its  draft  opinion  to 
objectives in other domains, and makes clear that the scope of the RSPP should not be limited 
to  ECS:  "All  sectoral  interests  (e.g.  ECS,  broadcasting,  transport,  military,  public  use  of 
spectrum,  environment,  space,  etc.)  should  be  considered.  It  is  necessary  to  ensure  that  all 
stakeholders  are  consulted  in  a  transparent  way  on  the  elaboration  of  spectrum  allocation 
solutions, concerning new technologies in particular. This also requires clarity and certainty 
so  that  all  stakeholders  have  a  view  on  how  their  positions  are  treated  and  how  spectrum 
decisions are made." 

In addition, the Spectrum Summit provided a significant opportunity to receive feedback on 
the scope of the RSPP. There were no negative views expressed by participants on extending 
the scope of the Radio Spectrum Policy Programme so that all spectrum users are covered. On 
the  contrary,  in  several  interventions  stakeholders  stressed  the  importance  of  addressing 
spectrum uses outside of the electronic communication framework. (See Annex 1) 

The  reasoning  put  forward  in  section  5.1.2  on  the  benefits  and  costs  of  developing  a  Radio 
Spectrum  Policy  Programme,  as  opposed  to  continuing  with  ad  hoc  policy  initiatives,  are 
valid both for a RSPP whose scope is limited to ECS or one whose scope is wider.  

Finally,  and  above  all,  addressing  only  ECS  would  hinder  the  implementation  of  efficient 
spectrum use, one of the main principles of spectrum management. Because there are many 
situations where spectrum use by ECS and non-ECS applications is shared or contiguous, any 
one-sided  consideration  would  lead  to  a  reduction  of  opportunities  to  implement  this 
important  and  widely  supported  principle.  Failing  to  deal  with  spectrum  management  on  a 
coherent  and  unified  basis  could  be  detrimental  to  consumers  and  also  to  industry,  which 
produces  equipment  using  radio  spectrum  ranging  from  health  applications  to  intelligent 
transport management. 

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As  a  conclusion,  the  reasoning  above  suggests  that  the  best  option  is  the  development  of  a 
Radio Spectrum Policy Programme with a scope which ensures completeness and consistency 
for all users and services using radio spectrum, hence option 3 is the preferred option.  

6. 

ASSESSMENT OF THE IMPACT OF THE POSSIBLE INITIATIVES UNDER THE RSPP 

It  has  been  determined  in  the  previous  chapter  that  the  scope  of  the  RSPP  should  cover  all 
sectors using spectrum and for which the EU has competence. This chapter will analyze the 
options  for  defining  initiatives  established  to  respond  to  the  general  objectives  arising  for 
spectrum from EU policy priorities and susceptible to figure in the first RSPP. 

There are 5 areas resulting from the problem definition and the related objectives. For each 
chapter examining the different areas of potential measures, options have been defined in the 
following way:  

Option  1:  No  initiative  identified  to  be  addressed  under  the  first  Radio  Spectrum  Policy 
Programme;  

Option  2:  Identification of initiative in the form of further analysis, study and discussion.  

Option  3:  Identification  of  initiative  in  the  form  of  concrete  actions  in  terms  of  content  or 
procedure; 

These  options  differ  in  content  depending  on  the  area  discussed.  As  areas  of  potential 
measures are relatively unrelated and deferring, in chapter 6.5 the above structure is not fully 
maintained,  as  the  topic  addressed  relates  to  the  protection  of  European  interests  in 
international  relations  where  option  2  is  less  useful  and  therefore  the  analysis  follows  the 
structure used in chapter 5 establishing the options by scope of the RSPP. 

6.1. 

Contributing to the Digital Agenda for Europe 

The  World  Bank’s  Information  and  Communication  for  Development  2009  report  suggests 
that  the  contribution  of  broadband  to  economic  growth  is  substantial,  and  may  be  more 
profound  than  comparable  narrowband  or  voice-based  ICTs.  Broadband  not  only  plays  a 
critical  role  in  the  workings  of  the  economy,  it  connects  consumers,  businesses  and 
governments,  and  facilitates  social  interaction.  The  Recommendation  of  the  OECD  Council 
on  Broadband  Development  recognises  this  growing  importance  of  broadband  and  its 
principles have been instrumental in fostering broadband development.vi 

In this context the Europe 2020 Strategy has set an ambitious target, which is being elaborated 
in  the  flagship  initiative  "A  Digital  Agenda  for  Europe",  to  deliver  sustainable  economic 
benefits  from  a  Digital  Single  Market  based  on  ultra  fast  internet  and  interoperable 
application, contributing to the objectives of broadband access for all by 2013, and access to 
much higher internet speeds of above 30 Mbps by 2020, including 50% or more of European 
households subscribing to internet connections above 100 Mbps.  

A speed of 30 Mbps would mean being able to provide 2 or 3 HDTV channels to each home. It 
would  also  increase  access  to  applications  such  as  e-government  and  e-education  (including 
distance learning), would enhance e-accessibility, and would enable and facilitate teleworking for 

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a  larger  proportion  of  the  population.  Applications  like  e-government  have  a  crucial  role  in 
reducing administrative burden. The deployment of mobile broadband infrastructure would fully 
enable the use of e-Health applications, in particular telemedicine (health services at distance). 

The Radio Spectrum Policy Programme should support the Digital Agenda for Europe, given 
that  wireless  services  have  a  huge  potential  for  ensuring  that  the  objectives  of  the  digital 
agenda are achieved.  

As one prominent example, the Commission signalled the potential socio-economic benefits 
of  the  digital  dividend,  in  its  October  2009  Communicationvii  and  Recommendation  to 
Member States building on the general analogue broadcasting switch off in 2012. Through the 
Radio  Spectrum  Policy  Programme,  the  issues  raised  in  the  Communication  can  be 
highlighted,  and  appropriate  follow-up  can  be  given  to  the  medium  and  long-term  actions 
identified for the digital dividend.  

Option 1: No initiative identified in the first RSPP  

There seems to be a strong consensus in Europe on the importance of broadband access for 
citizens  and  business.  Nevertheless  under  this  option,  the  European  Commission  would  not 
propose any further measure or action (even though a political commitment was made in the 
EU  2020  strategy  to  do  so),  but  developments  would  continue  along  the  line  of  national 
actions in line with the current regulatory framework. In this context it should be noted that: 

•  The  data  availableviii  makes  it  clear  that  in  most  Member  States  the  current  coverage  of 
both wired and wireless networks is likely to leave some areas and communities without 
broadband access. In addition, amongst users that receive internet/data services, some may 
only enjoy relatively low speeds (i.e. 128 kbps) compared to the best services available in a 
given Member State or even compared to the average service available.  

•  A number of Member States are developing and implementing ambitious plans to ensure 
full broadband population coverage within the next few years. This commitment is towards 
extending  the  coverage  of  broadband  networks  and  improving  the  quality  of  service  that 
users enjoy.  Still  the RSPG concludes  that the relative roles of wired, terrestrial wireless 
and  satellite  networks  in  extending  coverage  and  quality  will  depend  on  local 
circumstances and that a “one size fits all” approach to the digital divide is not suitable. 

•  The Commission has already taken a number of actions aimed at designating and making available 
spectrum for wireless broadband over the last two years. Four Commission Decisions (including 
the Decision on 800 MHz adopted on 6 May 2010) and one Directive currently designate a total 
of 860 MHz of spectrum within the EU , but a large portion of this spectrum still remains to be 
awarded  at  national  level.  In  comparison  the  United  States  has  designated  (but  also  awarded) 
around 410 MHz of spectrum and has plans to designate a further 500 MHz in the coming years. 
Discussions at the Spectrum Summit often referred to the European leadership in mobile voice, 
but also warned against lagging behind other regions in terms of mobile broadband.  

•  The  satellite  industry  can  play  an  important  role  in  reaching  the  objectives  being 
established  in  the  Digital  Agenda,  since  this  platform  has  the  potential  to  reach  all  EU 
citizens at an economic and environmental cost that is lower than for terrestrial platforms. 
Users could be reached for which other technologies are not suited or it is not affordable 
and  profitable.  With  the  spectrum  already  allocated  to  satellite  services  at  European  and 
international  level,  satellite  operators  have  the  resources  available  to  immediately  bridge 

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the  digital  divide  in  Europe,  contrary  to  other  wireless  technologies  which  require  the 
rollout of more base stations to be able to deploy their complementary solutions. Sufficient 
steps  have  been  undertaken  in  the  past  in  relation  to  the  allocation  of  spectrum  for  the 
satellite industry to enable them to step in to be able to achieve 100% coverage of Europe 
by 2013. The question, however remains, what this platform would be able to provide in 
terms of data rates and number of connections as well as at what price.  

Option 2: Initiative identified in the form of further, analysis, study and discussion 

The Radio Spectrum Policy Programme should facilitate the political priorities formulated in 
the Digital Agenda for Europe by setting out guiding principles and objectives (e.g. through 
specific  targets),  and  indicating  initiatives  relating  to  radio  spectrum  over  the  next  5  years. 
This could also include preparatory work that could lead to concrete actions in a subsequent 
policy programme. Under option 2 it should be assessed whether further discussion, analysis 
and/or study is needed defining the way how to reach the above objective.  

The RSPG noted in its position paper that there are limitations to the data that are available 
regarding  broadband  access  and  services  in  Europe.  Specifically  in  relation  to  wireless 
broadband, the amount of statistical information available on coverage, adoption and quality 
of  service  is  generally  scarce.  These  data  are  central  in  understanding  European  broadband 
markets and in shaping informed policies for the future. 

Stakeholders have noted the importance of harmonised conditions which are technology and service 
neutral in the public consultation. They also point to the EU wide and even global dimensions of 
these services, which necessitate long preparation periods to find harmonised spectrum bands at the 
global level. Work within the ITUix, which was done prior to the last World Radio Conference in 
2007, came to the conclusion that by the year 2020 a total of between 1270 MHz to 1720 MHz of 
spectrum  would  be  needed  for  a  low  and  high  user  demand,  respectively.  These  also  took  into 
account European studiesx on consumer demand for mobile services and foresaw the need of speeds 
around  30  Mbps  in  general  with  a  possibility  to  use  speeds  up  to  100  Mbps.  WRC-07  did  not 
identify  such  amounts  and  if  there  is  to  be  any  further  identifications  before  2020,  studies  on 
possible frequency bands would need to commence before 2015. 

The lead times for identification of additional spectrum in the EU and even more so at global 
level can be long. In principle, there are risks that a delay in the identification of additional 
spectrum  for  a  particular  use  could  play  a  part  in  constraining  market  developments  and 
reducing benefits to society, if studies are not started in a timely fashion.  

This would also build on the review (and an inventory) of current spectrum use, in particular 
in the range 300 MHz to 3 GHz, with the aim of identifying old and inefficient technologies 
(both  commercial  and  public  sectors),  unused  assignments  and  sharing  opportunities,  as 
examined further in Section 6.3 below. 

Consequently, further study or analysis could be undertaken of the needs and requirements for 
additional spectrum of terrestrial wireless broadband,  based on  comparable data on wireless 
broadband and with an aim of meeting the final target set by Europe 2020.  

As regards satellites, their key characteristic is that, once in orbit, the service they provide is 
immediately  available to all  users  under the satellite’s footprint, at a known cost, subject to 
certain  constraints  in  densely  constructed  urban  areas.  However  at  present  the  cost  for  a 
household or a business to use the services of satellites exceeds significantly the costs arising 

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if  other  wired  or  wireless  technologies  were  available,  mainly  because  of  costly  end-user 
equipment.  Also,  given  the  fact  that  the  demand  for  broadband  capacity  is  increasing 
exponentially,  it  is  important  to  verify  whether  the  satellite  platform  would  be  able  to  meet 
this growing demand. Furthermore in case that satellite industry needed further spectrum to be 
allocated to it for this purpose, the most suitable spectrum bands would have to be identified 

Areas for further analysis and study in relation to the satellite industry could entail studying 
the provision of a harmonised satellite solution that will ensure the coverage of even the most 
remote areas of Europe with a broadband offering to access the Internet at a comparable price 
to terrestrial offerings. 

Option 3: Initiative identified in the form of concrete action   

The RSPG concludes in a position paperxi that, in preparing for the future, Member States and 
the  European  Commission  should  be  ready  to  take  appropriate  and  timely  action  where  a 
shortage  in  the  availability  of  spectrum  for  wireless  broadband  is  identified.  This  would  be 
likely  to  involve  identifying  additional  spectrum  at  European  level.  But  before  that,  it  is 
important to ensure that existing designated spectrum at EU level has been assigned to the full 
extent at national level and that rights of use that have been granted are actually used efficiently 
by  network  operators.  Some  respondents  to  the  public  consultation  deplore  the  situation  that 
spectrum  bands,  e.g.  at  2.6  GHz,  have  not  yet  been  assigned  to  network  operators  in  a 
substantial number of MS. Full assignment of already designated spectrum would lead to 860 
MHz being available across the EU under technology and service neutral conditions 

A  technical  implementation  measure  covering  the  2  GHz  bands  would  bring  the  total 
spectrum  designated  to  terrestrial  ECS  in  Europe  to  1015  MHzxii  at  the  moment.  Further 
measures  taking  into  account  spectrum  identified  at  WRC-07  could  also  be  reassessed, 
although preliminary discussion with the MS in the Radio Spectrum Committee have shown 
some  reluctance  to  opening  bands  at  450  MHz  and  2.3  GHz.  On  the  other  hand,  the  RSPG 
Opinion  on  the  RSPP  encourages  the  further  identification  of  bands  where  technology  and 
service neutrality is applied (so called WAPECS bands).  

The  spectrum  freed  as  a  result  of  the  digital  dividend  should  be  made  available  and  usable 
without undue delay. The date of 2013 seems to be possible, subject to limited exceptions due 
to technical constraints until 2015 for Member States who can demonstrate such a need. The 
date of 2013 seems workable considering that Germany has already assigned spectrum in the 
800 MHz band and that a number of Member States (including Spain, France, UK, Portugal, 
Austria, Netherlands, Denmark, Sweden, and Finland) have already clear plans to adopt 800 
MHz band, and considering the high demand for such spectrum as evidenced in the results of 
the recent auction held in Germany for that band. 

This would also build on the review and inventory of current spectrum use, in particular in the 
range 300 MHz to 3 GHz, with the aim of identifying old and inefficient technologies, unused 
assignments and sharing opportunities, as examined further in Section 6.3 below. 

Consequently the initiative for terrestrial wireless broadband would be to:  
a) Ensure that sufficient spectrum for coverage and capacity purposes is allocated within the 
EU so that all citizens have access to wireless broadband at a sufficient speed  by 2015 and 
commence with all necessary steps to achieve at least 30 Mbps by 2020, this would include 
making available spectrum freed as a result of the digital dividend, examine the possibility to 
free  further  spectrum  for  example  below  1  GHz  and  if  necessary,  the  identification  of 

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additional  spectrum  for  terrestrial  as  well  as  satellite  broadband  communications,  and 
encourage  coverage  of  rural  areas  complemented,  if  necessary,  by  technical  harmonisation 
measures  under  the  Radio  Spectrum  Decision,  accompanied  where  applicable  by  a  further 
impact assessment. 

 b)  Ensure  that  all  spectrum  designated  by  Commission  Decisions  2008/477/EC  (2.6  GHz), 
2008/411/EC  (3.4-3.8  GHz)  and  2009/766/EC  (900/1800  MHz)  has  been  assigned  by 
1.1.2012  under  authorisation  conditions  that  enable  consumers  to  easily  access  wireless 
broadband services. This date should be feasible as the deadlines for designating and making 
the  spectrum  available  will  all  have  expired  (some  having  expired  as  early  as  December 
2008). Therefore, taking into account the deadlines set by the Authorisation directive which 
are normally much shorter and the need to ensure efficient and effective use of spectrum, such 
deadline of 2012 is reasonable. 

In  order  to  reach  the  100%  coverage  goal  and  the  objective  in  relation  to  the  speed  of  the 
connection,  potential  actions  in  relation  to  the  satellite  industry  could  entail  designating 
harmonised  spectrum  bands  for  satellite  broadband  using  the  mechanisms  of  the  Radio 
Spectrum Decision to give certainty for investment. 

Comparison of options  

For  option  1  to  be  satisfactory,  the  Commission  would  have  to  be  sure  that  the  different 
market players providing broadband services would be able to deliver the services needed to 
achieve the EU2020 goals without any further regulatory measure in allocating or assigning 
spectrum for these purposes.  In the case of there being no co-ordinated EU action, it is likely 
that  differences  between  Member  States  are  deepened  and  a  geographical  digital  divide  is 
maintained. Generally this would not be beneficial for the further development of a European 
internal market, nor for the competitiveness of Europe compared to other regions in the world. 
Nor would it promote the inclusion of European citizens as due to their geographic location 
many  would  continue  to  be  disadvantaged  in  benefiting  from  digital  services.  It  should  be 
noted  that  there  was  broad  support  in  the  public  consultation  for  a  harmonised  approach  to 
making spectrum available at EU level and ensuring its assignment as soon as possible. 

Not  taking  action  would  also  not  take  into  account  the  numerous  responses  in  the  public 
consultation which refer to the importance for Europe to  

•  remain a leader in mobile in the broadband era,  

•  cope  with  economic  recovery  and  promote  social  inclusion  through  wireless 

technology and 

•  ensure  that  existing  harmonised  spectrum  is  assigned  as  soon  as  possible  at  national 

level and to look for further opportunities for harmonised spectrum use. 

Moreover, the spectrum summit showed a political will to act urgently and to challenge the 
status  quo,  given  the  substantial  impact  these  services  can  have  on  economic  recovery  and 
growth.  

In conclusion, the initiative for terrestrial wireless broadband outlined in option 3 represents 
an important step on the way to achieving the overall goals of EU2020 and should be included 
in the first RSPP. While the EU 2020 strategy covers the next 10 years, the RSPP addresses a 
shorter timeframe. Therefore, realistically, the first RSPP should try to achieve a provisional 

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target,  which  ensures  that  sufficient  progress  is  made  in  ensuring  adequate  spectrum  for 
coverage  and  capacity  purposes  so  as  to  allow  the  overall  objective  to  be  attained  in  2020. 
Further analysis in form of an impact assessment will be needed and conducted once concrete 
steps  are  identified.  Additionally,  it  will  be  important  to  monitor  the  demand  for  wireless 
broadband based on comparable data, in order to act as appropriate in the second RSPP.    

It  has  been  recognised  that  the  satellite  industry  can  play  an  important  and  vital  role  in 
achieving  the  goals  laid  down  in  the  EU2020  Strategy.  However  uncertainties  remain, 
especially concerning the cost involved. While the satellite industry has the capability to help 
in meeting the 100% coverage target, it cannot provide a broadband service to 450 million EU 
citizens due to capacity constraints on existing and planned satellite systemsxiii.  

Contributions to the public consultation have shown that there is a high potential that a significant 
drop in cost of customer premise equipment, which is needed to receive signals from satellites, 
can be achieved till 2015. This is an essential factor for the viability and feasibility of a satellite 
contribution or solution in achieving "broadband for all". Otherwise CPE equipment might need 
to be subsidised in order to remain affordable for consumers who do not have a choice between 
technologies due to their location and/ or who cannot pay for the difference in price between other 
technologies and a satellite solution. According to the European Satellite Operators Association, 
the public investment support needed may relate to the cost of the necessary ground equipment, 
which currently would amount to ca. 250-500 EUR per user. 

Concerning satellite, it should be noted that allocations exist and operators are making use of 
spectrum and there is also substantial further capacity in the form of orbital slots which could 
be  used  to  support  further  satellite  offerings.  Consequently,  the  focus  could  be  on  studying 
satellite  capacities,  in  particular,  to  achieve  social  inclusion  and  the  target  of  100  % 
broadband  coverage  within  the  EU  by  2013  and  on  the  provision  of  satellite  services  at  a 
comparable price to terrestrial offerings. More study is needed in order to assess the number 
of households that could be served with broadband services at speeds of 10 Mbps at a price 
comparable  to  terrestrial  offerings.  These  studies  should  therefore  show  whether  the 
allocation  of  additional  (harmonised)  spectrum  to  satellite  operators  would  allow  a  more 
efficient  use  of  the  spectrum  in  question,  taking  in  particular  into  account  the  EU2020 
broadband objectives. Consequently, the studies reflected in Option 2 should be performed.  

As  long  as  there  is  no  clarity  on  what  the  spectrum  demand  would  be  and  how  the  target  of 
broadband for all can be translated into spectrum needs of the satellite industry, it is premature to 
consider concrete measures. However, further concrete initiatives should not be excluded at this 
stage and, once studies have been undertaken, option 3 should be taken into consideration.  

As  regards  the  Digital  Dividend,  the  Impact  Assessment  carried  out  in  2009  accompanying 
the above Communication remains valid in its entirety, and therefore this impact assessment 
does not repeat that analysis. However, there are two aspects which need further reflection as 
either progress has been made or as potential obstacles have come up: 

1. 

The Commission has just adopted the 800 MHz Decision to ensure a harmonised approach 
to use of this sub-band in Member States that decide to re-allocate it. In the Commission's 
view it is important to agree on a common target date for the opening of the 800 MHz band 
in  all  Member  States  and  on  review  mechanisms  to  assess  the  progress  achieved  on  the 
efficient use of the digital dividend spectrum. At the spectrum Summit, significant support 
emerged for a mandatory target date of 2015 at the latest (but there were several requests 
for  this  to  be  achieved  earlier).  This  is  to  be  welcomed  based  on  the  detailed  analysis 

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provided  in  the  Impact  Assessment  accompanying  the  Communication  in  October  2009, 
which  concluded  that  in  case  all  Member States  cleared  and awarded  the  790–862  MHz 
sub-band  by  2015  in  a  format  that  enables  it  to  be  used  for  wireless  broadband  or  other 
electronic communications services, between EUR 19 billion and EUR 46 billion over 15 
years in net present value would be generated depending on the assumed level of demand 
for different services. Significant social benefits would be generated by greater access to 
broadcasting content and broadband services in sparsely populated areas and as well as for 
disabled and elderly people, and the possibility to ensure a European wide operability of 
services.  With  a  non-mandatory  approach  some  of  the  economic  (on  average  EUR  2 
billion) and social benefits would be lost. 

Several  Member  States  will  be  able  to  make  the  800  MHz  band  available  as  early  as 
2012. In those cases, the social and economic benefits identified in the earlier Impact 
Assessment on the use of this band for wireless broadband services will accrue from an 
earlier date and will therefore be maximised. These early movers will also have a direct 
impact  on  the  availability  of  equipment  at  an  economically-acceptable  price,  as 
manufacturers move to satisfy demand in large Member States such as Germany. Early 
experience  of  the  negotiations  carried  out  be  both  France  and  Germany  with  all 
neighbouring  countries  indicates  that  frequency  coordination  can  be  conducted 
successfully  with  neighbouring  Member  States  (where  necessary,  with  EU  support), 
with  the  result  that  further  negotiations  by  other  countries  should  prove  increasingly 
straightforward. While  due  account will have to be taken of Member States that have 
ongoing co-ordination difficulties with neighbouring non-EU countries, as well as with 
those Member States that have just begun digital broadcasting in MPEG-2 format and 
will require a reasonable transition period of between 2 to 4 years after final analogue 
switch off in 2012, the economic and social benefit of having a significant majority of 
EU Member States designate the 800 MHz band for wireless broadband use from the 
end of 2013 onwards would be considerable. 

2. 

There  is  limited  quantitative  evidence  regarding  the  extent  of  potential  interference 
from  wireless  broadband  devices  to  cable  receivers,  so  it  has  not  been  possible  to 
include this cost in the modelling of the study on which the Impact Assessment based 
itself.  Following  adoption  of  the  800  MHz  Decision,  mobile  uplinks  (832–862MHz) 
may interfere with some nearby cable receivers. Nevertheless, the scale of the expected 
private  value  benefits  for  wireless  broadband  means  that  the  cost  of  mitigating  this 
interference would need to be very large in order to change the conclusions.  

Several national technical studies in this matter have not led to definite conclusions so far, and 
a  further  discussion  and  exchange  of  study  results  was  conducted  in  June  at  a  second 
workshop organised by the European Commission. This workshop has shown good progress 
on  immunity  solutions  for  the  cable  equipment,  so  that  there  is  strong  indications  that 
interference  could  be  reduced  to  tolerable  and  manageable  levels.  This  results  from  an 
invitation from the Commission to the standardisation bodies to revise and develop standards 
for the affected TV receiver equipment and to find mitigating solutions until new equipment 
is  placed  on  the  market.  Some  contributions  to  the  public  consultation  have  called  for 
harmonising  spectrum  for  the  purposes  of  PMSE  (Programme  Making  and  Special  Events); 
the assessment of this need had been carried out in the context of the Impact Assessment of 
the  Digital  Dividend  in  2009.That  impact  assessment  identified  the  risk  of  disruption  of 
important services already making use of part of the UHF where the digital dividend spectrum 
is  located.  The  main  category  of  legacy  services  in  the  UHF  spectrum,  and  therefore 
potentially interfering with the use of the digital dividend, is commonly referred to as wireless 

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microphones  and  services  ancillary  to  broadcasting  and  programme  making.  Wireless 
microphone  and  similar  ancillary  services  can  use  these  particular  frequencies  (known  as 
‘interleaved  spectrum’  or  ‘white  spaces’).  They  are  essential  to  a  number  of  sectors  of  the 
economy,  particularly  broadcasting,  content  production  and  events  organising  (such  as 
concerts and public speaking for instance). Any changes to the band should carefully consider 
the ability of these users to offer continuity of service as well as their financial viability and 
cultural importance. 

Based on the issues mentioned above as well as the substantial political support expressed at 
the Spectrum Summit and in line with the results of the public consultation and considering 
the possibility to conduct an inventory of spectrum use as envisaged under section 6.3 below 
(see  1.2.3.  for  the  summary  for  the  results  of  the  public  consultation)  the  initiatives  in  the 
RSPP context are to: 

a) Ensure that sufficient spectrum for coverage and capacity purposes is allocated within the 
EU so that all citizens have access to wireless broadband at a sufficient speed  by 2015, and 
commence with all necessary steps to achieve at least 30 Mbps by 2020; this would include 
making  spectrum  available  spectrum  which  will  be  freed  as  a  result  of  the  digital  dividend, 
examine the possibility to free further spectrum for example below 1 GHz and if necessary, 
identify  additional  spectrum  for  terrestrial  and  satellite  broadband  communications,  and 
encourage  coverage  of  rural  areas,  accompanied  if  necessary  by  technical  implementing 
measures under the Radio Spectrum Decision. 

b)  Ensure  that  all  spectrum  designated  by  Commission  Decisions  2008/477/EC  (2.6  GHz), 
2008/411/EC (3.4-3.8 GHz) and 2009/766/EC (900/1800 MHz) has been authorised by 1.1.2012 
under  authorisation  conditions  that  enable  consumers  to  easily  access  wireless  broadband 
services. 

c)  Agree  on  2013  as  a  common  target  date  for  clearing  the  800  MHz  band  in  line  with  the 
existing technical harmonisation Decision, while ensuring an adequate derogation process in 
duly justified cases (until 2015), especially where co-ordination problems with third countries 
exist  or  where  the  complexity  of  the  spectrum  replanning  for  digital  television  requires  a 
longer  transition  period.  This  will  also  require  the  establishment  of  a  review  mechanism  to 
assess the progress achieved on the efficient use of the digital dividend spectrum; 

d)  Ensure  that  the  expected  impact  of  the  digital  dividend  in  terms  of  improving  access  to 
broadcasting  content  and  broadband  services  in  sparsely  populated  areas  and  for  socially-
vulnerable groups, including accessibility for disabled people, to ensure social inclusion in the 
EU, is fully realised and that PMSE and cable service requirements are taken into account. 

e) Study the provision of a harmonised satellite solution that will ensure the coverage of even 
the  most  remote  areas  of  Europe  with  a  broadband  offering  to  access  the  Internet  at  a 
comparable price to terrestrial offerings. 

6.2. 

Facilitating easy and equal access, fostering flexibility and competition  

Easy  access  to  spectrum  is  about  creating  flexibility  by  removing  regulatory  barriers  that 
could stifle innovation and market entry, such as restrictive conditions related to services and 
technologies. Equal access to spectrum touches upon issues related to an effective competitive 
environment as well as avoiding competitive distortions when a reassignment (refarming) of 
existing rights of use takes place.  

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Flexibility may relate to the way spectrum is assigned – through individual rights or general 
authorisations,  through  the  possibility  to  easily  trade  spectrum  rights  –  and  to  the  way  it  is 
used – facilitated by the principles of service and technology neutrality. 

Flexible use of spectrum and limited harmonisation of authorisations have been strengthened 
in  2009  by  the  revised  regulatory  framework  for  electronic  communications  which 
strengthened the principles of technology neutrality and service neutralityxiv xv. 

The 2009 revised framework also allows the common identification of bands for which usage rights 
may be made tradable. Since 2002, Member States have had the possibility to introduce spectrum 
trading as they see fit, and several Member States had done so already, but in different formats and 
bands. A prospective spectrum user therefore could not buy the same spectrum in all Member States 
according  to  a  standard  procedure.  The  rules  established  in  the  revised  framework  could  be 
facilitated by more homogeneity of procedures and of similarity of rights to be purchased or leased.  

In  line  with  subsidiarity,  harmonisation  of  authorisation  conditions  and  procedures  for 
spectrum  use  has  until  now  taken  the  form  of  harmonisation  recommendations  of  the 
Commissionxvi,  which  are  not  binding,  except  that  pursuant  to  Article  19  of  the  Framework 
Directive, national authorities, must take the  utmost account thereof and explain the reasons 
if they decide not to follow it. In one case though, regarding- mobile satellite communications 
(MSS)  services  -  authorisation  conditions  and  procedures  as  well  as  selection  criteria  and 
procedures have been harmonised through a binding Parliament and Council Decisionxvii. 

Option 1: No initiative identified in the first RSPP Several bands have already been opened 
to  more  flexible  use,  e.g.  the  GSM  spectrum  for  third  generation  mobile  communications 
(UMTS) and soon to the fourth generation. Besides defining technical usage conditions, this 
requires  an  examination  by  Member  States  and  the  Commission  of  potential  competition 
consequences.  This  issue  is  also  examined  by  the  Radio  Spectrum  Policy  Group  and  the 
ERG/BEREC. The opening of the GSM 900 MHz band by the 2009 amended GSM Directive, 
for  example,  could  possibly  result  in  competitive  distortion  if  certain  mobile  operators  who 
have  not  been  assigned  spectrum  in  that  band  are  disadvantaged  compared  to  existing  900 
MHz  users  who,  as  a  result  of  the  opening,  would  be  automatically  able  to  provide  3G 
services in that band. The opening of the digital dividend in the 800 MHz band in conjunction 
with  the  liberalisation  of  the  900  MHz  band  will  also  need  particular  attention.  The 
Commission  must  ensure  that  national  decisions  are  non-discriminatory  and  do  not  distort 
competition  to  the  benefit  of  incumbent  operators.  However,  Option  1  does  not  allow 
competition matters to be addressed from the EU perspective. 

Under  this  option  the  Commission  would  not  propose  any  measures  to  be  undertaken  in 
relation  to  spectrum  trading  and  authorisation,  despite  the  fact  that  the  provision  was 
expressly  included  in  the  revised  regulatory  framework,  nor  would  it  take  into  account  the 
RSPG  Opinion,  which  calls  to  the  designation  of  more  spectrum  under  a  technology  and 
service neutral regime. 

Also  no  measures  would  be  proposed  at  European  level  in  relation  to  enhancing  innovation 
through  general  authorisations,  like  the  identification  and  allocation  of  spectrum  under 
harmonised technical conditions for innovative applications as spectrum is considered by the 
Member States as a national resource. 

Option 2: Initiative identified in the form of further, analysis, study and discussion  

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In order to reach a better balance between the application of different spectrum management 
models (i.e. moving away from the administrative approach towards the market approach and 
the  collective  use  of  spectrum  approach),  further  analysis  could  be  carried  out  in  this  field. 
Some  evidence  already  was  gathered  through  studiesxviii  on  the  spectrum  allocation  models 
applied  today  in  Europe,  suggesting  also  measures  to  promote  a  better  management  of 
spectrum leading to a more efficient use of spectrum. The RSPG could continue its work on 
reports  developed  jointly  with  BEREC  on  competition  and  assignment  issues  and  further 
develop  its  views  on  the  common  use  of  spectrum,  with  a  view  to  identifying  concrete 
initiatives to be launched at a later stage. 

Option 3: Initiative identified in the form of concrete action  

The  existing  principle  of  flexible  use  of  spectrum  has  repercussions  on  authorisation 
conditions and procedures for access to spectrum. While the public consultation shows wide 
support  for  this  principle  several  responses  raise  concern  about  delays  and  competition 
distortions  at  the  level  of  national  authorisations  and  would  welcome  EU  guidance  to  the 
Member States in this respect.  

Furthermore,  there  was  widespread  support  in  the  public  consultation  for  the  imposition  of 
common  conditions  so  as  to  ensure  a  transparent  and  coherent  approach,  even  where  it  is 
necessary and in the public interest to impose certain obligations or restrictions, for example 
coverage  obligations  below  1  GHz  to  facilitate  rural  coverage.  During  the  consultation 
exercise, industry called for commonality across the EU, especially in the area of broadband 
communications,  where  economies  of  scale  are  being  created  outside  of  Europe.  This  is 
important to overcome barriers to the internal market, to avoid fragmentation resulting from 
diverging national authorisation policies, and to create new market opportunities for spectrum 
users and accelerating innovation.  

The  RSPP  should  state  the  principle  of  flexibility  of  spectrum  use,  including  through  the 
development  of  a  co-ordinated  approach  to  authorisation  conditions,  and  to  foster 
competition.  The  initiative  in  this  respect  would  be  to  develop  guidelines  on  authorisation 
conditions  and  procedures  in  order  to  maximise  flexibility  in  the  use  of  spectrum,  with  the 
aim  of  avoiding  delays  and  competitive  distortions  and  facilitating  commonality  across 
Europe.  Such  guidelines  would  be  prepared  by  the  Commission  together  with  the  Member 
States.  Although  not  binding,  they  would  call  for  a  consensual  cooperation  of  all  Member 
States  and  ensure  a  smooth  and  thorough  implementation.  The  recent  negotiations  of  the 
Review  of  the  regulatory  regime  of  electronic  communications  indeed  showed  strong 
reluctance of Member States to allow the Commission to regulate these measures in a binding 
fashion, be it with the involvement of Member States in a regulatory comitology procedure. 
Of course, this would not rule out the possibility for the Commission to adopt Article 19 FD 
recommendations  or  to  submit  proposals  for  co-decision  harmonisation  measures  on  the 
model of the MSS Decision, should there be a need for binding solutions to be approved by 
both Parliament and Council. 

These guidelines should include  

-  the  establishment  of  coverage  conditions  for  spectrum  below  1  GHz  which  would  oblige 
right holders to deploy their services in rural and less covered areas to achieve economic and 
social objectives, considering that one of the main justifications for freeing such spectrum as 
part of the digital dividend is its good propagation capacities over vast areas, 

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-  allowing  rights  holders  to  offset  the  cost  of  such  coverage  obligations  taking  also  into 
consideration the fees which would be charged for their licences.  

Other issues to be addressed would include network sharing, the application of spectrum caps, 
preservation  of  competition 
to  certain 
undertakings,  avoiding  spectrum  hoarding  and  ensuring  that  operators  have  access  to 
contiguous blocks of spectrum appropriate for broadband. 

the  assignment  of  (additional)  spectrum 

in 

The  new  article  9b(3)  of  the  revised  Framework  Directive  allows  the  Commission  to  adopt 
comitology decisions to identify frequency bands for which rights to use radio spectrum may 
be made tradable or leasable, at the exclusion of spectrum used for broadcasting.  

The  bands  where  flexibility  has  been  introduced  according  to  the  new  WAPECS  approach 
(e.g. the 800 MHz, 900MHz, 1800MHz, 2.5GHz to 2.69GHz, or 3.4 to 3.8GHz bands, which 
are open to wireless electronic communications services) should be addressed in particular. A 
studyxix contracted by the Commission in 2004, estimates that if flexibility is combined with 
spectrum  trading,  this  could  realise  an  additional  EUR  9  billion  per  annum  in  consumer 
surplus relative to the status quo scenario.  

Furthermore,  RSPG  pointed  out  in  its  opinion  on  the  RSPP  that  in  order  to  achieve  a  truly 
effective and efficient use of spectrum at European level it is of vital importance to facilitate 
the application of regulatory improvements like introducing service and technology neutrality 
and  market  mechanisms  like  secondary  trading  to  remove  unnecessary  rigidity  in  spectrum 
management and put in place measures to deliver easier access to spectrum. In addition, the 
RSPG  has  advised  the  Commission  to  take  all  actions  to  designate  more  frequency  bands 
under service and technology neutral regimes (i.e. WAPECS). 

Therefore,  in  line  with  the  revised  regulatory  framework,  the  Commission  could  adopt  a 
Decision  to  make  the  bands  790-862  MHz  (800  MHz  band),  880-915  MHz,  925-960  MHz 
(900  MHz  band),  1710-1785  MHz,  1805-1880  MHz  (1800  MHz  band),  1900-1980  MHz, 
2010-2025 MHz, 2110-2170 MHz (2 GHz band), 2500-2690 MHz (2.6 GHz band), and 3.4-
3.8 GHz (3.6 GHz band) subject to spectrum trading. Thus the initiative would be to take all 
actions to designate frequency bands under technology and service neutral regimes and ensure 
that those frequency bands where flexible use has been, and will be, introduced are tradable 
on the secondary market. 

A concrete measure facilitating easy access to radio spectrum to boost innovation would aim 
to achieve the identification and allocation of spectrum for innovative applications using the 
mechanisms  of  the  Radio  Spectrum  Decision.  This  would  necessitate  harmonised  technical 
conditions for these applications subject only to general authorisations and therefore operating 
under collective use of spectrum model.  

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The  seventh  Framework  Programme  invests  heavily  into  ICT  research  with  several  EUR 
billion being spent in the 2007 to 2013 time period. Those applications that are likely to have 
the  largest  economic  impact  and/or  potential  for  investment  (possibly  in  the  areas  of 
Cognitive Radio or eHealth), and which are in need of easy access to radio spectrum, should 
be  identified  taking  into  account  technology  and  service  neutrality  principles..  Afterwards  a 
study of spectrum bands that would be optimised for, without being limited to, use by these 
applications could be undertaken and using the mechanisms of the Radio Spectrum Decision 
harmonised  technical  conditions  across  Europe  could  be  set.  Other  actions  in  this  context 
could  be  the  integration  of  cognitive  radio  technologies  as  well  as  an  initiative  to  inform 
SMEs  and  research  projects  about  and  promote  the  availability  of  trial  licences  and  already 
harmonised bands (e.g. under the  Decision for Short Range Devices), which facilitate testing 
of new technologies and equipment.  

The initiative could be to identify and allocate spectrum for innovative applications with the 
aim of promoting and accommodating at least three R&D initiatives that are foreseen to have 
a  major  socio-economic  impact  and/or  potential  for  investment  from  SMEs.  This  should  be 
done under harmonised technical conditions and subject only to general authorisations. .  

Comparison of options 

As negotiations for the 2009 review of the electronic communications regulatory framework 
showed,  Member  States  do  not  easily  accept  harmonisation  measures  regarding  conditions 
and  procedures  relating  to  spectrum  authorisation,  since  they  consider  that  spectrum 
management is basically a national competence. Member States will systematically resist and 
try to limit the impact of any measure proposed by the Commission to the strict minimum. 

Nevertheless, there is strong support in the public consultation also for some elements related 
to assignment, such as coverage obligations  for  spectrum below 1 GHz,  ensuring awards of 
wireless broadband spectrum take place by a certain date and providing guidelines to the MS 
on how to avoid competitive distortions.  

The review of the telecom package was accompanied by an impact assessment for which the 
Commission  had  decided  to  contract  external  support  to  construct  an  econometric  model  to 
identify  the  impacts  of  certain  policy  choices.xx  It  had  been  noted  that  building  a  verifiable 
econometric model was hampered by lack of comparable data or incomplete sets of statistics. 
To our knowledge, the econometric model developed for the current exercise in order to test 
the impacts of regulatory choices, was one of the first attempts to deliver an evidence-based 
impact assessment in the field of spectrum management. 

The  table  below  provides  a  summary  on  main  likely  impacts  and  risks  arising  from  further 
coordination  in  spectrum  trading  compared  to  no  change.  The  signs  represent  a  scale  of 
possible impacts vis-à-vis the “no change scenario”: (cid:172) positive impact, O neutral impact, − 
negative impact. 

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Summary on the main impacts and risks  

IMPACTS 
AND RISKS  

 Introduce the principle of technology and 
service neutrality and co-ordinated spectrum 
trading  

ECONOMIC  

No change  

Investment  and 
innovation 

significantly 

(cid:172)  More  flexible  and  co-ordinated  spectrum 
management  will 
encourage 
investment  and  innovation.  New  entrants  will  be 
able to acquire spectrum through spectrum trading 
or  operate  in  unlicensed  bands  (if  technologies 
managing interference are available).  

Does  not  facilitate  cross-border  investment  and 
innovative  cross-border 
deployment  of  new 
services.  Differences 
regulation  do  not 
in 
particularly  encourage  operators  to  invest  in  other 
Member States.  

Competition 

Internal  market, 
regulatory 
consistency 

EU 
competitiveness  

Economic 
operators'  costs 
and benefits 

Administrative 
costs, 
simplification 

Consumer 
benefits  

Overall 
economic 
growth 

lead 

to  more  consolidation  of 

(cid:172)/O Introduction of co-ordinated spectrum trading 
the 
could 
mobile/wireless  market.  Preventing 
spectrum 
hoarding  through  effective  competition  regulation 
will  be  crucial.  Stronger  competitive  pressure  on 
broadcasters. Gradual increase in competition from 
new  entrants  and  new  technologies  as  more 
unlicensed 
(i.e. 
bands 
development towards Scenario 1).  

available 

become 

removing 

Improvements 

(cid:172) 
current 
fragmentation  in  national  spectrum  policies  – 
through  strengthened  co-ordination  mechanisms. 
More  opportunities  for  development  or  cross-
border or pan-European services using frequencies. 

the 

should 

(cid:172)/O  More  flexibility  and  better  co-ordination  of 
spectrum  management 
strengthen 
competitiveness  of  the  mobile/wireless  industry. 
Risk of spectrum hoarding and oligopoly situations 
(i.e.  operators  with  “deep  pockets  controlling  the 
market) 
is  not  properly 
enforced.  

if  competition 

law 

(cid:172)/−  More  opportunities 
for  new  entrants, 
challenges 
and 
incumbent 
distributors  of  broadcasting  (see  more  detailed 
analysis of stakeholder impacts in Table X.) 

operators 

for 

(cid:172)/O Overall reduction due to lower administrative 
burden  and  less  regulation  for  operators.  Less 
burdensome  general  authorisations  will  be  used 
more  often  than  more  burdensome  individual 
licenses.  Some  additional  burden 
to 
transition  to  a  more  flexible  and  co-ordinated 
system.  

related 

Limited competition, disadvantageous position for 
new entrants, and uneven development in Member 
States (some MS advanced in market opening and 
introduce more flexibility whereas others still rely 
predominantly  on 
administrative  model  of 
spectrum management).  

Inconsistent  application  of  rules,  slow  progress 
based on voluntary co-ordination with lengthy and 
cumbersome  procedures, 
increasing 
differences  between  MS.  Slow  deployment  of 
cross-border services.  

risk  of 

Risk  of  gradual  erosion  of  the  mobile/wireless 
industry’s competitiveness vis-à-vis the rest of the 
world.  Economies  of  scale  and  scope  harder  to 
achieve  for  mobile/wireless  operators,  slower 
uptake of cross-border services.  

Reaffirmed  position  for  the  current  spectrum 
holders,  high  barriers  of  entry  for  new  service 
providers  and  new  technologies,  impact  varies  by 
national spectrum regime.  

No  change,  no  reduction  of  administrative  burden 
for  operators.  Partial  reduction  possible  in  MS 
which  decide 
implement  a  more  flexible 
to 
spectrum regime.  

(cid:172)  More  choice,  more  services, 
lower  cost 
(especially  if  more  unlicensed  bands  are  used  in 
the future).  

Same  choices  as  today,  big  differences  between 
MS  as  regards  service  offerings  and  prices  (not 
justified by differences in the underlying costs) 

(cid:173)/O  Economic  modelling  using  scenarios  shows 
that  more  flexible  and  co-ordinated  spectrum 
management  has  a  significant  and positive  impact 
on  GDP  growth  (the  difference  between  the  best-
case and the worst-case scenario would be approx. 
0.1% of the annual GDP growth)  

Slower  GDP  growth  than  in  Option  1  (scenario  3 
shows  the worst-case  model for  this  option  where 
MS withdraw from any EU co-ordination)  

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and 
Social 
digital inclusion 

Employment 
and 
market 

labour 

 SOCIAL 

(cid:172)/O Impact will depend on other factors, such as 
the  future  universal  service  concept.  Positive 
impact  of  co-ordination  on  regulatory  consistency 
should  have  positive  effect  on  digital  inclusion 
across  the  EU.  More  choice  and  cheaper  wireless 
services  should  contribute  to  social  inclusion  and 
bridging the digital gap between regions. 

(cid:173)/O  Difficult  to  predict  the  outcome.  Scenario 
modelling shows a positive impact on employment 
in knowledge industries. Positive spill-over effects 
to  other  sectors  can  be  expected.  Negative 
employment effect for market players who will not 
adapt to the change.  

Impact  will  depend  on  other  factors,  such  as  the 
future universal service concept. Wireless services 
generally  less  affordable  and  less  available  across 
the EU than in Option 1. However, big differences 
between MS can be expected.  

Only limited spill-over effects can be expected due 
to slower deployment of new wireless technologies 
and services.  

There are large potential economic benefits if flexibility is combined with secondary trading 
as outlined above. Even though in the accompanying impact assessmentxxi as best option, the 
compulsory  coordination  was  identified,  only  a  voluntary  coordination  was  endorsed  by 
Member States in this field. The Commission therefore aim for Option 3 and try to propose 
further small steps which lead into the direction of improved coordination without impeding 
the flexibility of Member States.  

The adoption of an implementing measure to identify bands which should be made tradable in 
the whole EU in line with option 3 is preferable. The Commission also envisages proposing to 
adopt  a  recommendation  on  the  harmonisation  of  the  format  and  content  of  rights  which 
would  be  made  tradable.  A  first  step  in  this  direction  has  already  taken  place  through 
Commission Decision 2007/344/EC, which requires Member States as of 1 January 2010 to 
publish information on rights of use, i.e. identity of the right holder, expiry date of the right, 
geographic  validity  and  tradability  in  a  common  data  format.  In  line  with  what  is  proposed 
with  regard  to  flexibility  earlier  in  this  section,  the  recommendation  should  build  on  the 
information  being  made  available  by  member  States  to  set  clear,  generic  and  transparent 
conditions that should appear in such rights of use  

Applications  only  subject  to  general  authorisations  (often  also  called  "collective  use  of 
spectrum") already today have a large impact on society and business. A Commission studyxxii 
of 2006 suggests that the European market for products and services dependent on collective 
use of spectrum is currently around €25 billion.  The economic importance of collective use is 
indicated by the economic benefits it provides in terms of system cost savings, productivity 
gains, reductions in congestion and accidents in transport networks, health and safety benefits, 
and user convenience. For example, public WiFi services depend entirely on collective use of 
spectrum.  The  RSPP  should  establish  the  principle  that  the  EU  should  adopt  wherever 
possible  (starting  in  certain  bands)  a  collective  use  approach  to  operate  alongside  the  more 
conventional  licensing  of  spectrum  where  harmful  interference  continues  to  be  a  policy 
concern, and the proposal would be developed further in a Commission Communication  

Option 3 is the preferred option because of its added value in the removal of barriers in access to 
spectrum for innovative applications coming out of European research, which have the potential 
for a high economic, social and or environmental impact. Harmonised conditions across the EU 
have  the  potential  to  generate  economies  of  scale  to  the  benefit  of  these  applications  and  they 
could strengthen the possibilities for SMEs, including municipalities and communes, which have 
neither the financial nor human resources to opt for individual rights of use.  

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6.3. 

Enhancing efficient use of spectrum  

Efficient  spectrum  use  is  a  principle  laid  down  in  the  Framework  Directive  and  the  Radio 
Spectrum Decision. This key principle has broad support among stakeholders and regulators alike 
as is apparent from the public consultation, the RSPG Opinion and the discussion at the Spectrum 
Summit.  Therefore,  it  is  important  to  promote  this  principle,  especially  in  spectrum  bands  that 
have the highest value in socio-economic terms, i.e. in the range from 300 MHz to 3 GHz.  

Public  sectors  are  substantial  users  of  spectrum  –  with  assignments  representing  40-50%  of 
the  valuable  frequencies  below  15  GHz.  Even  a  marginal  efficiency  gain  that  could  be 
exploited  at  EU  level  could  lead  to  valuable  spectrum  becoming  available  for  new  services 
with the possibility of sharing spectrum resources (normally without negative impact on pre-
existing uses) or even state-of-the-art equipment, in order to lower costs. At the same time this 
sector  also  has  requirements  for  new  broadband  services  which  have  a  high  social  value  in 
terms of providing public safety. Public safety is assumed to comprise primarily police, fire 
and ambulance services, including the Public Protection and Disaster Relief (PPDR). Within 
the  public  safety  field  emergency  services  like  PPDR  play  a  vital  role  to  society.  At  the 
moment the emergency services sector tends to be highly fragmented.  

Option 1: No initiative identified in the first RSPP No action in this field would mean that 
especially in the spectrum range of high socio-economic value such as the range 300 MHz to 
3  GHz  opportunities  would  be  missed  to  improve  the  quality  of  administrative  decision 
making both at national as well as European level. Comprehensive information about whether 
or not this frequency range is actually being used as efficiently as possible would be missing 
as it is not available today. 

Currently  at  European  level,  information  on  spectrum  allocations  and  applications  in  all  27 
Member  States  and  some  other  CEPT  countries  is  reported  in  the  European  Frequency 
Information  System  (EFIS),  which  is  administered  by  the  CEPT  based  on  Commission 
Decision  2007/344/EC.  There  is  considerable  variation  in  the  level  of  detail  provided  by 
individual countries. More importantly EFIS data is not providing sufficient information to be 
able  to  assess  the  efficiency  of  spectrum  use, as  no  data  is  provided  on  several  aspects  like 
efficiency of equipment used in the respective frequency band, especially in the public sector.  

If not to promote the efficient use of spectrum, the European Commission has no competence to 
deal with specific segments of  public  sector  use  of  radio  spectrum  (e.g.  defence),  however  in 
some areas like civil protection and transport the possibility exists to take certain measures at 
European level. Under this option the Commission however would not make any further steps 
and  rely  on  harmonisation  measures  carried  out  in  the  past  or  ongoing  in  relation  to 
transport.xxiii  In  relation  to  Public  Protection  and  Disaster  Relief  at  the  moment  so  called 
"TETRA" and "TETRAPOL" standards apply, which provide for harmonisation at a voluntary 
basis. 

Option  2:  Initiative  identified  in  the  form  of  further,  analysis,  study  and  discussion 
Participants at the spectrum summit, the RSPG and also studiesxxiv have called for a review or 
a  periodic  survey  of  current  spectrum  use  and  the  evaluation  of  future  needs  based  on 
consumer and business demands.  

The RSPG has suggested in its opinion on the Radio Spectrum Policy Programme a proposal 
for  concrete  action  on  how  to  improve  the  efficiency  of  spectrum  use.  The  RSPG  believes 
that, with a view to release more “new” spectrum, the European Commission should take into 

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account  an  analysis  of  market  and  technology  trends  to  identify  developing  and  potential 
future significant uses of spectrum. The process should also identify possible target frequency 
bands,  including  frequency  bands  currently  used  by  the  public  and  commercial  sectors,  to 
promote intelligent sharing and compatibility solutions with other commercial or public sector 
services and to duly consider whether certain frequency bands will need to be made available. 

Further analysis and study could be envisaged in the field of public use of spectrum especially 
as  regards  how  potentially  to  incentivise  the  use  of  spectrum  by  public  bodies,  taking  into 
account the limited European competence in this matter.  

The  initiative  would  be  to  conduct  a  review  (and  an  inventory)  of  current  spectrum  use,  in 
particular  in  the  range  300  MHz  to  3  GHz,  with  the  aim  of  identifying  old  and  inefficient 
technologies  (both  commercial  and  public  sectors),  unused  assignments  and  sharing 
opportunities.  

Actions  could  entail  a  study  that  identifies  spectrum  currently  being  used  by  old  and 
particularly inefficient equipment or where use is limited in the first place. With the aim of 
finding  those  bands  which  have  the  lowest  opportunity  cost  at  the  European  level,  the 
investigation would flag to Member States and industry where it is most effective to divest so 
that  harmonised  spectrum  may  emerge  over  a  period  of  time.  Such  preparatory  work  might 
lead to further action in future Programmes. 

Option 3: Initiative identified in the form of concrete action  

Under this option concrete measures based on the review and inventory discussed in option 2 
could  lead  to  concrete  initiatives  in  terms  of  technical  implementing  measures  for  new 
significant uses of spectrum taking into account market and/or social demands.  

One example could be the following. According to a recent studyxxv, given the limitations in 
capacity of existing dedicated networks to deliver mobile broadband services for PPDR, it is 
considered likely that a new generation of solutions will be required across Europe in the next 
5  to  10  years,  to  meet  future  public  safety  user  demands,  which  will  require  additional 
spectrum to deliver the services required. In concrete terms this study concludes that there is a 
need  for  2x10  MHz  for  harmonised  spectrum  across  Europe  for  broadband  PPDR 
applications. Noting the essential coverage requirements of these services, spectrum must be 
found below 1 GHz. The Commission would issue a Mandate to CEPT and possibly draft a 
technical  implementation  measure  using  the  mechanisms  of  the  Radio  Spectrum  Decision, 
since there is support from the public consultation for harmonised technical measures.  

Comparison of options 

It would seem appropriate that before taking any further action a review of efficient spectrum 
use needs to be carried out. This proposal is also benefiting from an immense political support 
by stakeholders, which facilitates its implementation once the details on scope of the review 
are defined. Further steps in promoting and ensuring the efficiency of the use of spectrum can 
and should follow once the information gap is closed or at least narrowed down.  

According to a Studyxxvi conducted for the Commission, there is a good case for liberalising 
allocations to the public sector, so that where feasible, allocations are made more technology 
and service neutral in line with European Commission  Policy  in  respect of communications 
services (e.g. WAPECS policy). The extent of liberalisation that is optimal varies from band 

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to  band,  depending  in  part  on  the  nature  of  the  spectrum  band  harmonisation  necessary  to 
meet requirements for cross border co-operation and coordination and in part on the scope for 
sharing between different applications.  

More efficient and effective use of radio spectrum by the public sector could produce multiple 
benefits, including: 

•  More effective delivery of services by the public sector; 

•  A  "new"  digital  dividend  (spectrum  currently  used  exclusively  by  the  public  sector 
might be either freed or else made available for sharing), which could bring additional 
economic and social benefit and can generate substantial economic spill-over; 

•  Increased  speed  and  administrative  efficiency  and  also  less  administrative  burden  in 

responding to spectrum needs that change over time. 

In  more  concrete  terms  the  following  costs  and  benefits  of  harmonising  spectrum  for 
broadband public safety communications (PPDR) can be identified: 

Benefits  
PPDR as service with a high social value as 
it brings benefits to the whole society 

Cross-border interoperability (as 
emergency situations are often cross-border 
and/or involve multinational teams - e.g. 
natural disasters, terrorism or routine cross-
border activities) 

Portability of PPDR equipment across 
borders 

Avoiding harmful interference (and thereby 
promoting efficient use of spectrum) within 
the EU 

Harmonisation of spectrum at EU level is 
laying down the foundation needed from a 
spectrum point of view to promote the 
functioning of the internal market  

Costs 
Economic value of the harmonised band 
(opportunity cost of using spectrum) not 
properly reflected, potentially an alternative 
use could be considered more efficient from 
an economic point of view (A harmonised 
allocation of spectrum for broadband PPDR 
communications would not be determined by 
the market, as PPDR users do not have 
financial means to compete for the spectrum 
in the market (e.g. through auctions), 
therefore there is a market failure. In this 
case, the allocation of spectrum would rather 
be decided at the political level and would be 
based on the social value of PPDR.) In any 
case, the possibility for and consequences of 
measures under which all users would have to 
pay for spectrum, including public sector and 
providers of general interest services, , should 
be further analysed considering in particular 
their impact on the efficient use of spectrum 
and on the possibility for certain users to 
carry out their mission, as well as to the 
potential need for subsidies and the absence 
of state aids.  
Restrictions on use for alternative uses in the 
frequency band assigned to PPDR even if 
spectrum assigned to PPDR is underused or 
unused  

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Creation of larger equipment markets  

Restrictions on ability to refarm spectrum for 
new services 

Economies of scale (e.g. in equipment 
manufacturing)  

Promoting competition between equipment 
suppliers 

By larger markets, economies of scale and 
competition, the cost for the equipment 
needed and therefore for the PPDR services 
should decrease 

Several  contributions  received  in  the  course  of  the  public  consultation  have  pointed  to  the 
need for and supported more harmonised spectrum for PPDR.  

In conclusion, the most important step will be to strengthen the guiding principle of efficient 
spectrum  use  by  creating  a  detailed  and  transparent  EU  inventory,  with  the  necessary 
safeguards  to  preserve  secrecy  regarding  public  defence  and  security,  and  by  clarifying  the 
level of utilisation by each user. Such an exercise would have the largest benefit in the range 
300 MHz to 3 GHz, where the socio-economic value is the greatest. Following that exercise, 
future significant uses based on market and social demands should be identified with the aim 
of  finding  appropriate  refarming  or  sharing  solutions.  One  potential  initiative  in  this  area  is 
the  introduction  of  a  harmonisation  measure  for  PPDR,  as  this  would  be  considered  to  be 
worthwhile and beneficial to European citizens.  

Consequently the initiative to follow regarding PPDR, insofar as it relates to matters under EU 
competence,  would  be  to  ensure  that  safety  related  communications  have  access  to  appropriate 
spectrum to introduce innovative services for the benefit of EU citizens and to ensure that public 
sector use benefits from more effective and spectrally efficient technologies. 

6.4. 

Contributing  to  combating  climate  change  –  action  regarding  transport  and 
energy 

The  EU2020  strategy  sets  out  objectives  relating  to  sustainable  growth  and  in  achieving  a 
sustainable,  resource  efficient  and  competitive  economy.  In  this  context  resource  efficiency 
should  be  improved  by  20%  and  also  the  roll  out  of  smart  grids  using  ICTs  should  be 
accelerated. Furthermore the Commission should present proposals n relation to transport and 
energy saving through intelligent traffic management, in view to the further reduction of CO2 
emissions for passenger cars, for the aviation and maritime sectors. 

Option  1:  No  initiative  identified  in  the  first  RSPP  The  question  is  whether  further 
measures  are  needed  in  spectrum  policy  to  support  these  initiatives  in  the  first  Radio 
Spectrum Policy Programme or if, for the moment, the needs of stakeholders in this field are 
sufficiently covered.  

1.  “Intelligent  Transport  Systems”  (ITS)  refers  to  the  application  of  Information  and 
Communication  Technologies  (ICT)  to  transport,  including  wireless  applications.  These 
applications are being developed for different transport modes and for interaction between them. 

The  Commission's  Action  Plan  for  the  Deployment  of  Intelligent  Transport  Systems  in 
Europexxvii  aims  to  accelerate  and  coordinate  the  deployment  of  ITS  in  road  transport, 

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including interfaces with other transport modes. One of its priority areas is clean and energy-
efficient transport. ITS applications have an essential role to play in the greening of transport, 
for  example  differentiated  charging  of  vehicles  by  Electronic  Toll  Collection  systems  for 
circulating on certain routes is a way to influence traffic demand. In addition, ITS applications 
for  journey  planning  and  dynamic  in-vehicle  navigation  contribute  to  congestion  relief,  to 
greener mobility and to less energy consumption. 

ITS cooperative systems can be used to improve transport efficiency, as they can provide for more 
reliable  real-time  travel  and  traffic  information,  which  will  enhance  efficient  and  flexible  route 
planning, time savings and pollution control on sensitive parts of the road network. Such systems 
also  rely  on  availability  of  and  access  to  radio  spectrum,  as  they  are  based  on  an  exchange  of 
information  and  communication  between  vehicles  and  with  the  road  infrastructure  and,  when 
appropriate, a GNSS (Global Navigation Satellite System) positioning and time. 

In relation to intelligent traffic management and the optimisation of traffic routes, significant 
steps have been undertaken in the past which ensure that spectrum is not a constraint and that 
sufficient spectrum is allocated to such measures. For the moment there are no indications on 
additional  spectrum  needs  for  ITS  purposes,  but  any  potential  additional  needs  raising  for 
access to adequate spectrum by future ITS applications has to be monitored on a regular basis.  

2.  Smart  Grids  and  smart  metering  have  the  target  of  providing  reliable  and  secure 
communications  networks  used  to  efficiently  manage  the  electricity  (and  gas)  networks 
(generation  -  transmission  -  distribution)  and  therefore  contribute  to  achieving  the  goal  to 
reduce  energy  consumption  by  20%  to  combat  climate  change.  This  implies  a  significant 
amount of wireless devices and networks to cover remote sensing and control functions. The 
issue of a mass markets for such devices and interoperability must be taken into consideration. 

In  the  current  situation  the  use  of  spectrum  is  not  harmonised  at  European  level,  instead 
individual  frequencies  are  assigned  by  Member  States  for  specific  applications.  Estimations 
by actors in the sector of the bandwidth required for smart grids suggest that between 15 and 
30  MHz  is  needed  ideally  in  a  location  below  1  GHz  because  of  the  excellent  propagation 
characteristics of thus spectrum including good coverage, in-building penetration and no clear 
line  of  sight  required.  However,  these  are  the  same  characteristics  sought  by  many 
applications, and spectrum could potentially be used up to 3 GHz. 

Option  2:  Initiative  identified  in  the  form  of  further,  analysis,  study  and  discussion  In 
relation to “Intelligent Transport Systems” (ITS) the Commission continues to monitor as part 
of its ongoing activities the development of technology and therefore spectrum needs. Under 
this option a further discussion, study, analysis would be launched to assess spectrum needs. 

The  initiative  would  be  to  continue  monitoring  in  its  ongoing  activities  the  development  of 
technology  and  therefore  spectrum  needs  to  assess  if  further  EU  intervention  on  spectrum 
needs is required.  

Recently a study has been published on potential spectrum harmonisation of smart grids.xxviii 
Nevertheless further studies could follow to deepen the knowledge in this field to determine 
which bands could be considered for harmonisation, and whether dedicated spectrum would 
be necessary or sharing spectrum would be sufficient.  

The  initiative  would  be  to  consider  an  EU  wide  spectrum  harmonisation  for  smart  energy 
grids  and  smart  metering  on  the  basis  of  studies  to  deepen  the  knowledge  in  this  field  to 

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determine  which  bands  could  be  considered  for  harmonisation,  and  whether  dedicated 
spectrum would be necessary or sharing spectrum would be sufficient.  

Option  3:  Initiative  identified  in  the  form  of  concrete  action  As  regards  “Intelligent 
Transport Systems” (ITS) harmonisation measures have been undertaken in the past, however 
further  measures  might  be  envisaged  even  though  no  specific  need  had  been  flagged  by 
stakeholders in this respect. 

In  line  with  the  study  mentioned  above  a  technical  harmonisation  measure  under  the  Radio 
Spectrum Decision could be proposed for smart grids and smart metering. Either one single 
(contiguous) frequency band or a set of bands could be harmonised to be used by smart grids 
and  smart  metering  Europe  wide.  Given  the  requirement  for  high  security  and  reliability  of 
smart grids and smart metering applications, licensed spectrum and use of dedicated networks 
are recommended by the above study. It is acknowledged, however, that sharing of spectrum 
with military on geographic/ time basis should be also possible. 

Comparison of options 

1.  For  “Intelligent  Transport  Systems”  (ITS),  as  harmonisation  measures  have  been 
undertaken  in  the  past  which  apparently  fulfil  current  spectrum  needs  and  since  the 
Commission  is  presently  monitoring  technological  developments  and  the  evolution  of 
spectrum  needs  in  this  field,  the  best  option  is  option  1:  to  continue  monitoring  without 
specifying  any  further  action  in  the  framework  of  this  first  RSPP,  possibly  leading  to  the 
preparation of further action or measures in this area in a next RSPP. 

2. For smart grids and smart metering as an action to combat climate change, EU-wide spectrum 
harmonisation  would  significantly  support  the  mission-critical  requirements  of  power  supply 
including  reliability,  security  and  quality  of  service,  and  reflect  the  cross-border  nature  of 
electricity interconnected networks. It would also ensure good coverage of rural areas and reduce 
harmful interference also in border regions. Efficient use of spectrum would be further promoted 
by completing the internal market through economies of scale (e.g. in equipment manufacturing) 
and the creation of large equipment markets. Moreover, spectrum harmonisation would encourage 
wider harmonisation in non-EU neighbouring countries. 

However, immediate harmonisation action might lead to suboptimal spectrum allocation if not 
considered carefully, and impose unnecessary restrictions for alternative uses in the frequency 
bands which would be assigned to smart grids. Therefore, option 2 has to be preferred for smart 
grids and metering. 

6.5. 

Defending European interests at international level 

The possible initiatives with an international dimension are analysed at the level of scope of 
the  Radio  Spectrum  Policy  Programme  (basic  options,  discussed  in  section  5)  as,  from  a 
methodological point of view, identifying an initiative in the form of further analysis, study 
and discussion is not a valid option for international negotiations. An analysis at the level of 
the  scope  of  the  RSPP  seems  more  appropriate  since  it  examines  on  what  subject  and  how 
international negotiations should be sought at EU level. 

Option 1: No initiative identified in the first RSPP in relation to external relations  

The  coordination  of  spectrum  at  a  global  level  is  the  responsibility  of  the  International 
Telecommunications Union (ITU), a United Nations agency with the mission to maintain and 

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extend international cooperation for the improvement and rational use of telecommunications 
of all kinds. Approximately every four years, the ITU holds the World Radiocommunication 
Conference (WRC), a process aimed at adapting the ITU Radio Regulations, the international 
treaty coordinating spectrum usage globally. The next WRC, the culmination of several years 
of preparatory work, will be held in Geneva in 2012, for which the agenda had been fixed. 

The CEPT has traditionally developed European negotiating positions required for a technical-
regulatory  conference  like  WRC,  and  is  likely  to  continue  doing  so  where  no  acquis 
communautaire or EU policy is concerned. The WRC-12 agenda includes important topics with 
an  effect  on  EU  policies,  for  example  as  regards  satellites.  Autonomous,  permanent  and 
interference-free access to reliable information relating to environmental and security issues is 
of strategic importance for Europe. There are substantial environmental, economic and societal 
benefits associated with improved use of Earth observation- derived data, which is provided by 
a  European  programme  called  Global  Monitoring  for  Environment  and  Security  (GMES). 
GALILEO, an independent European satellite navigation system, will provide for precise and 
reliable positioning contributing not only to increased transport safety, but also to efficient and 
energy-saving running of transport systems. The added value and benefit created by these EU 
programmes have been shown.xxix The spectrum bands needed for these applications to operate 
are assigned and secured, however might be renegotiated at a global level at WRC-12. 

The  possibilities  to  support  an  EU  Member  State  in  its  relations  with  neighbouring  states 
would by necessity be ad hoc, with the risks of fragmentation of policy that this entails.  

Option 2: Initiative with a scope of ECS is developed in relation to external relations 

If  the  RSPP  was  limited  to  electronic  communications  services,  this  would  not  limit  the 
applicability of the procedure as the EU approach to international relations in spectrum policy 
derives  from  the  Framework  Directive  Article  8a4  ("policy  objectives"  in  the  context  of 
international  spectrum  negotiations),  and  not  8a3  (introducing  the  possibility  to  establish  a 
strategic radio spectrum policy programme). It would however require a separate legal proposal 
to give effect to the common EU policy. This would be an unnecessary dispersal of resources. 

In relation to cross border cooperation, the process described above can be anchored also in 
an RSPP with limited scope, but would be a major conceptual problem where the use is ECS 
on  only  one  side  of  the  border.  It  would  also  be  difficult  to  support  an  application  such  as 
modernising Air Traffic Control which is an important EU policy goal but which is not ECS.  

Option 3: Initiative on external relations with scope going beyond ECS 

An initiative would be to reflect European Union policy priorities during the negotiations at 
the  World  Radiocommunications  Conference  in  2012  (WRC-12)  with  a  particular  aim  of 
ensuring common European positions on sectorial policies and on more flexible spectrum use.  

Space applications being a policy of the European Union would be defended accordingly.  

 A further initiative would be to give the European Commission a role in the negotiations at 
the  WRC-12  that  corresponds  to  its  responsibility  for  spectrum  matters  in  the  EU,  while 
actively  ensuring  that  changes  in  the  ITU  Radio  Regulations  are  supportive  and 
complementary to the applicable principles of the EU regulatory framework. 

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The  successful  harmonisation  and  modernisation  of  spectrum  usage  within  the  EU  inevitably 
create cross-border issues between EU Member States and neighbouring third countries. Where 
this is the case the European Union should support the involved Member States in their work to 
resolve  such  issues,  and  encourage  the  neighbouring  state  to  consider  a  similar  policy  as 
adopted in the Union.  

Furthermore an initiative would be to support the coordination of key spectrum bands such as 
the  digital  dividend  and  3.4-3.8  GHz,  with  non-EU  neighbouring  countries  through  active 
participation by the European Commission. 

Comparison of options 

Spectrum  harmonisation  in  Europe  is  a  key  enabler  for  the  completion  of  the  EU  Single 
Market  in  goods  and  services,  and  on  a  wider  level  can  foster  international  commercial 
exchanges  by  removing  technical  barriers  to  trade.  The  challenges  of  managing  the  radio 
spectrum  effectively  are  often  better  addressed  by  cooperation  between  countries.  Together 
with the value of economic activities - total value of spectrum-dependent services in the EU is 
between  2  %  and  2.5  %  of  annual  European  gross  product,  i.e.  in  excess  of  EUR  250  € 
billionxxx,  –  this  explains  why  Europe  as  an  economic  area  must  give  importance  to 
international negotiations affecting radio spectrum usage.  

Most WRC decisions have an impact and applicability over a long time frame (often 10 to 20 
years  after  the  conference).  It  is  therefore  important  to  ensure  that  agendas  are  sufficiently 
"future-proofed"  to  be  able  to  address  the  spectrum  requirements  of  important  policies  and 
trends.  EU  policies  which  are  relevant  in  this  context  and  which  are  likely  to  increase  in 
importance  over  this  period  include  sustainable  development  and  climate  change.  Particular 
attention  should  be  given  to  efforts  undertaken  to  identify  the  spectrum  requirements  for 
future applications in this area and to ensure that they are anchored in a timely manner in the 
ITU  process.  In  this  context  Europe  will  need  to  ensure  its  interests  are  safeguarded  by  an 
adequate protection and compatibility with satellite systems. 

The RSPG recognises in its draft opinion on the Radio Spectrum Policy Programme that the 
joint formulation and efficient representation of European spectrum interests in international 
fora is necessary. In the view of the RSPG, increased importance should be given to ensuring 
that  the  ITU  Radio  Regulations  provide  sufficient  flexibility,  facilitate  harmonisation  at 
European  level  and  do  not  constrain  the  EU  from  acting  in  the  best  interests  of  European 
consumers. Furthermore the identification of European spectrum interests and priorities shall 
be followed by the development of a programme for regular discussions on spectrum policies 
with  non-EU  countries  and  other  regions.  This  programme  should  contain  actions  aimed  at 
presenting EU spectrum policy goals and understanding those of non-EU countries and other 
regions in order to obtain their understanding and support to reach the EU policy goals. This 
may  serve  the  promotion  of  European  spectrum  policy  in  countries  at  the  EU  borders  and 
even  globally  in  order  to  facilitate  cross-border  coordination,  economies  of  scale  and 
opportunities for European industry. 

As  regards  cross  border  cooperation,  an  EU  approach  representing  a  coherent  block  of  27 
Member States should wield greater influence in negotiations with third countries than in case 
of  a  bilateral  approach  by  Member  States.  A  bilateral  approach  might  lead  to  further 
fragmentation  in  the  use  of  key  spectrum  bands  as  different  Member  States  might  adopt 
different  approaches  and  reach  different  compromises  with  third  countries.  In  addition  a 
bilateral approach might impede the avoidance of harmful interference in border regions 

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A  case  in  point  is  the  bands  affected  by  the  digital  dividend.  Due  to  its  low  frequency,  the 
UHF broadcasting band (470 to 862 MHz) provides optimal signal propagation characteristics 
in terms of coverage and indoor penetration. Network infrastructures in the UHF band could 
thus  be  significantly  more  cost-effective  than  existing  systems  and  could  facilitate  the 
deployment of mobile systems in sparsely-populated regions and highly built-up urban areas. 
However, because of the long distances travelled by signals transmitted in these frequencies, 
co-ordination and interference with neighbouring third countries are significant issues.  

Wider access to broadband is an aim that most of the EU's neighbours share and a transition 
to  similar  technologies  at  the  EU's  external  borders  would  greatly  simplify  cross-border 
coordination. A similar case could be made for the EU's efforts to modernise air traffic control 
and make flying within the EU safer still. 

Given the difficulties that will arise if this area is not a central consideration of EU spectrum 
policy,  the  principle  should  be  established  that  EU  Member  States  will  reflect  European 
Union  policy  priorities  during  the  negotiations  at  the  World  Radiocommunications 
Conference in 2012 (WRC-12). As the ECS regulatory framework calls on Member States, in 
applying  the  framework  provisions  on  the  management  of  radio  frequencies,  to  respect  the 
relevant international agreements, including the ITU Radio Regulations, for this reason much 
closer co-ordination of the positions taken by EU Member States in the WRC is required to 
ensure that any development of the Radio Regulations is in conformity with EU policies and 
objectives.  We  should  therefore  have  a  particular  aim  of  ensuring  common  European 
positions on all relevant sectoral policies and on more flexible spectrum use, and of giving the 
European  Commission  a  role  in  these  negotiations  that  corresponds  to  its  responsibility  for 
spectrum  matters  in  the  EU.  Furthermore,  while  respecting  the  ITU  Radio  Regulations,  EU 
Member States should not accept changes in those regulations that would further constrain the 
applicability  of  the  principles  of  the  regulatory  framework.  Moreover  the  development  and 
exploitation of space applications should be enabled with a particular focus on GALILEO and 
GMES, by ensuring availability and protection of the necessary radio frequencies. Option 3 is 
therefore the preferred option. 

6.6. 

Assessing administrative burden  

Introducing a Radio Spectrum Policy Programme is likely to have both positive and negative 
impacts on administrative costs.  

On  one  hand,  some  initiatives  identified  in  chapter  6  have  significant  positive  effects  on 
administrative  burden,  i.e.  reduce  administrative  costs.  Generally,  the  use  of  ICT  plays  an 
important role in reducing administrative burden as internal processes are made more efficient 
with  the  use  of  ICT.  More  specifically,  e-government  initiatives  are  widely  accepted  as 
contributing to the reduction of administrative burden. . Providing broadband coverage for all 
is  essential  to  allow  all  citizens  and  businesses  to  benefit  from  the  advantages  of  ICT  in 
general  and  of  e-government  in  particular  so  as  to  make  their  operations  more  efficient. 
Furthermore  proposals  on  providing  guidance  on  authorisations  should  rather  simplify  and 
facilitate  authorisation  procedures  and  therefore  should  contribute  the  reduction  of 
administrative burden. 

On  the  other  hand  some  preferred  options  have  potential  negative  effects  on  administrative 
burden,  especially  on  public  administrations  such  as  the  National  Regulatory  Authorities 
(NRAs)  dealing  with  spectrum  management.  A  proposal  on  a  review  or  inventory  of  radio 
spectrum  use  might  create  some  additional  tasks for national administrations  although these 

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tasks would normally fall within the overall need to ensure efficient use of spectrum; Also the 
potential introduction of a coverage obligation in a specific spectrum range would create the 
need  for  further  monitoring  whether  coverage  obligations  are  adhered  to.  These  measures 
would  both  entail  additional  information  obligations;  however  the  benefits  generated  by  the 
proposal would outweigh the additional administrative costs imposed.  

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6.7. 

Conclusions 

Policy challenge 
or problem 
(see chapter 2) 

Objectives 
(see chapter 3) 

Resulting areas where the 
RSPP shall set out 
principles, objectives and 
initiatives  (see chapter 6) 

Conclusion on which initiatives the RSPP shall set out 

Mismatch between 
growing demand for 
new wireless services 
and available spectrum 
resources; 
Geographical divide in 
respect of access to 
broadband services 

Define steps to take so as 
to enable sufficient 
progress to support 
overarching objectives 
relating to broadband 
access laid down in the 
EU2020 and the Digital 
Agenda for Europe  
through radio spectrum 
policy 

Contributing to the Digital 
Agenda for Europe to 
enable "Broadband for all" 
at an appropriate speed  

Agree on 2015 as a common target date for clearing the 800 MHz band in 
line with the technical harmonisation Decision and establishment of a 
review mechanism to assess the progress achieved on the efficient use of 
the digital dividend spectrum. 

Ensure that the expected impact of the digital dividend in terms of  
improving access to broadcasting content and broadband services in 
sparsely populated areas and for socially-vulnerable groups, including 
accessibility for disabled people, is fully realised and that PMSE and cable 
service requirements are taken into account. 

Ensure that sufficient spectrum for coverage and capacity purposes is 
allocated within the EU so that all citizens have access to wireless 
broadband at a sufficient speed by 2015 and commence with all necessary 
steps to achieve at least 30 Mbps by 2020 

Ensure that all spectrum designated under Commission Decisions 
2008/477/EC (2.6 GHz), 2008/411/EC (3.6 4-8 GHz) and 2009/766/EC 
(900/1800 MHz) will have been authorised by 1.1.2012 under authorisation 
conditions that enable consumers to easily access wireless broadband services 

Studying the provision of a harmonised satellite solution that will ensure the 
coverage of even the most remote areas of Europe with a broadband 
offering to access the Internet at a comparable price to terrestrial offerings 

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Suboptimal use of 
spectrum: Inefficient 
use of spectrum from a 
technical, economic 
and/or social point of 
view 

Reveal areas of inefficient 
use of spectrum and 
propose within the areas 
of EU policy measures to 
promote efficiency of 
spectrum 

Mismatch between 
growing demand for 
new wireless services 
and available spectrum 
resources: Spectrum 
being a potential 
bottleneck for 
innovation; Suboptimal 
use of spectrum: 
Inefficiencies in terms 
of spectrum allocation 
and assignment process 

Identify appropriate steps 
to promote innovation at 
European level with a 
radio spectrum policy and 
identify adequate steps to 
address weaknesses in the 
process and methodology 
of spectrum management 
within the limits of EU 
competency 

Ensure that safety related communications have access to appropriate 
spectrum to introduce innovative services to the benefit of EU citizens 

Review of spectrum use; 
public use of spectrum 

Ensure that public sector use benefits from more effective and spectrally 
efficient technologies 

Introduce reviews (and an inventory) of current spectrum use, with the aim 
of identifying old and inefficient technologies (both commercial and public 
sectors), unused assignments and sharing opportunities  

Develop guidance on authorisation conditions and procedures in order to 
maximise flexibility in the use of spectrum with the aim of avoiding delays 
and competitive distortions and achieving a maximum of commonality 
across Europe  

 Ensure that those frequency bands where flexible use has been introduced 
are tradable on the secondary market 

Identify and allocate spectrum for innovative applications with the aim of 
promoting and accommodating at least three R&D initiatives that are 
foreseen to have a major socio-economic impact and/or potential for 
investment from SMEs. This should be done under harmonised technical 
conditions and subject only to general authorisations.  

Facilitating equal and easy 
access to spectrum 

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Suboptimal use of 
spectrum: Inefficient 
use of spectrum from 
an environmental point 
of view  

Define steps to take so as 
to enable sufficient 
progress to support 
overarching objectives in 
relation to energy 
efficiency and combating 
climate change laid down 
in the EU2020 strategy 
and the Digital Agenda  
through radio spectrum 
policy  

Continue monitoring the technological development and changing spectrum 
needs for “Intelligent Transport Systems” (ITS) to assess if further EU 
intervention on spectrum needs is required 

Combating climate change 
and promoting energy 
efficiency  

Consider an EU-wide spectrum harmonisation for smart energy grids and 
smart metering on the basis of studies to deepen the knowledge in this field 
to determine which bands could be considered for harmonisation, and 
whether dedicated spectrum would be necessary or sharing spectrum would 
be sufficient 

Suboptimal use of 
spectrum: Interference 
at borders  

Defend European policy 
interests at international 
arenas and support 
Member States when 
dealing with third 
countries in relation to 
radio spectrum policy 

Defend EU interest at 
international level, help 
Member States, when 
negotiating  with 
neighbouring countries on 
spectrum matters 

Reflect EU policy priorities during the negotiations at the World 
Radiocommunications Conference in 2012 (WRC-12) with a particular aim 
of ensuring common European positions on sectoral policies and on more 
flexible spectrum use.  

Give the European Commission a role in these negotiations that 
corresponds to its responsibility for spectrum matters in the EU, while 
actively ensuring that changes in the ITU Radio Regulations are supportive 
and complementary to the applicable principles of the EU regulatory 
framework 

Support the coordination of key spectrum bands, such as the digital 
dividend and 3.4-3.8 GHz, with non-EU neighbouring countries through 
active participation by the European Commission 

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Follow up through the performance of more detailed impact assessments 

Individual impact assessments should be prepared for measures that the Commission is called 
upon to propose as a follow up to the Radio Spectrum Policy Programme and which meet the 
criteria established by the impact assessment guidelines. In general, impact assessments need 
to be prepared for important Commission initiatives which have the most far-reaching impacts 
through their content, their scope and / or their legal form.  

In regard to a number of issues identified in the draft programme, further study, information 
gathering  and  consultation  needs  to  be  undertaken  before  a  decision  will  be  taken  as  to 
whether  concrete  action  is  required  and,  if  so,  whether  it  is  necessary  to  conduct  an  impact 
assessment.  If so, these impact assessments will examine in greater detail economic, social 
and  environmental  impacts  of  potential  measures  identified  in  the  RSPP  including  the 
question of administrative burden and of cooperation with third countries in the coordination 
of spectrum allocation. 

Such measures requiring further examination include the following, from section 6.7 above:  

•  Further  study  or  analysis  of  the  needs  and  requirements  for  additional  spectrum  of 
terrestrial wireless broadband, based on comparable data on wireless broadband and with 
the  aim  of  meeting  the  final  target  set  by  Europe  2020  so  as  to  ensure  that  sufficient 
spectrum for coverage and capacity purposes is allocated within the EU . 

•  Studying the provision of a harmonised satellite solution that will ensure the coverage of 
even the most remote areas of Europe with a broadband offering to access the Internet at a 
comparable price to terrestrial offerings. 

•  Reviews (and  an inventory) of current spectrum use, with the aim of  identifying  old  and 
inefficient  technologies  (both  commercial  and  public  sectors),  unused  assignments  and 
sharing opportunities. 

•  Ensuring  that  safety  related  communications  have  access  to  appropriate  spectrum  to 

introduce innovative services to the benefit of EU citizens. 

•  Identifying and allocating spectrum for innovative applications with the aim of promoting 
and accommodating promising selected R&D initiatives that are foreseen to have a major 
socio-economic impact and/or potential for investment from SMEs. 

•  Continue  monitoring  the  technological  development  and  changing  spectrum  needs  for 
“Intelligent  Transport  Systems”  (ITS)  to  assess  if  further  EU  intervention  on  spectrum 
needs is required. 

•  Considering EU-wide spectrum harmonisation for smart energy grids and smart metering 
on  the  basis  of  studies  to  determine  which  bands  could  be  considered  and  whether 
dedicated spectrum would be necessary or spectrum sharing would be sufficient. 

A  few  topics  have  been  already  been  identified  as  requiring  an  impact  assessment.  A 
communication is planned to be developed on the collective use of spectrum in the EU. Once 
more information has been gathered, an impact assessment is envisaged that will provide an 
adequate  and  transparent  basis  for  proposing  any  further  measures  in  the  context  of 
authorisations  and  collective  use  of  spectrum,  including  potential  measures  to  design 

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authorisation  schemes  to  contribute  to  low-carbon  policy,  safety  services  and  public 
protection and disaster relief (PPDR), as well as scientific use. 

Moreover  the  results  of  the  inventory  of  use  might  lead  to  the  detection  of  unused  or 
inefficiently used frequency bands where a technological change or even a new allocation and 
assignment  of  spectrum  use  might  be  necessary.  Depending  on  the  significance  of  such 
findings  of  the  inventory  process  the  necessity  of  an  impact  assessment  will  be  carefully 
evaluated and impact assessment will be carried out to establish the best use of such bands at 
European level if potential impacts are considered significant. 

Technical  harmonisation  measures  have  not  been  subject  to  impact  assessments  in  the  past. 
The RSPP might subsequently give rise to harmonisation measures for PPDR, satellites, smart 
grids  and,  potentially,  PMSE.  Following  a  decision  in  principle  that  such  measures  will  be 
prepared,  these  would  only  be  subject  to  an  impact  assessment  if  it  is  considered  that  the 
impacts will be sufficiently significant, and if the usual steps undertaken in the preparation of 
a  technical  harmonisation  measure  (i.e.  discussion  with  stakeholders,  mandate  to  CEPT  on 
technical compatibility studies, discussion with and opinion by RSPG, discussion at the level 
of  the  Radio  Spectrum  Committee)  are  not  deemed  sufficient  to  establish  clearly  the 
justification for the specific action. 

In  the  area  of  wireless  broadband,  the  Commission  services  hope  to  propose  that  the 
Commission adopts a further technical implementation measure harmonising the 2 GHz band 
currently used for UMTS. Noting that this band is already in use for wireless broadband today 
and  that  the  aim  would  be  to  introduce  the  technology  and  service  neutrality  concepts  as 
already dealt with in this  impact assessment and  in the  impact  assessment carried out when 
introducing these concepts into the legal framework, it is not expected that it will be necessary 
to perform a further impact assessment on this subject. 

Further  study  or  analysis  is  foreseen  to  be  undertaken  of  the  needs  and  requirements  for 
additional spectrum of terrestrial wireless broadband,  based on  comparable data on wireless 
broadband  and  with  an  aim  of  meeting  the  final  target  set  by  Europe  2020.  Additionally  a 
Communication  on  "European  Broadband:  investing  in  digitally  driven  growth"  is  being 
developed by DG INFSO. Once further information is gathered it is envisaged to examine the 
necessity of an impact assessment on the spectrum requirements of such measures.   

As regards the common target date for clearing the 800 MHz band in line with the technical 
harmonisation  Decision  and  establishment  of  a  review  mechanism  to  assess  the  progress 
achieved on the efficient use of the digital dividend spectrum the Commission is considering  
putting  forward  a  more  ambitious  proposal  of  setting  2013  as  a  target  date.  This  would  be 
highly  beneficial  as  already  examined  and  shown  in  the  impact  assessment  on  the  digital 
dividend and is also the logical consequence of the analysis done in this impact assessment in 
6.1. 
chapter. 

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7. 

EVALUATION AND MONITORING 

Following  the  principle  of  proportionality  and  given  the  strategic  nature  of  the  Radio 
Spectrum  Policy  Programme  proposal,  the  evaluation  and  monitoring  requirements  should 
equally remain on a general and strategic level. Therefore the particular difficulty in defining 
and specifying indicators for the purpose of monitoring and evaluation derives from the fact 
that  the  RSPP  will  not  have  a  direct  regulatory  impact  itself,  but  only  once  further  legal 
instruments are put in place. Only intentions are expressed in the RSPP, but concrete actions 
which can be monitored and evaluated need to follow separately.  

As  regards  evaluation  requirements  it  is  planned  that  a  review  is  performed  on  the  Radio 
Spectrum Policy Programme. 

As  regards  monitoring  of  indicators  concerning  specific  EU  policies,  it  is  the  role  of  the 
respective  policy  units  to  set  up  indicators  for  monitoring.  A  more  detailed  evaluation  and 
monitoring  system  should  be  anchored  to  the  respective  sectoral  policy  initiatives,  e.g.  in 
energy  efficiency,  space  policy  or  the  Digital  Agenda.  What  remains  to  be  monitored  as 
regards  radio  spectrum  is  how  and  whether  technological  and  also  regulatory  developments 
(both  at  national  level  and  at  international  level)  lead  to  a  change  is  spectrum  demand,  in 
spectrum  use  and,  furthermore,  in  the  efficiency  of  spectrum  use.  This  is  part  of  the  daily 
work  of  the  Radio  Spectrum  Policy  Unit,  which  regularly  meets  stakeholders,  follows 
discussions  at  the  CEPT  and  ITU  level,  and  holds  regular  meetings  and  discussions  with 
representatives  of  Member  States  in  the  framework  of  the  Radio  Spectrum  Committee. 
Moreover, the Commission refers regularly to the RSPG. At a very general level, indicators 
relate  to  content,  depth,  direction  and  speed  of  change  in  demand  for  spectrum  and  use  of 
radio spectrum, and in how spectrum is managed.  

The link between the use of spectrum in Member States and its social and economic impact, 
either  in  specific  application  areas  or  in  structural  change,  is  too  complex  for  aggregate 
measures of impact to be used as indicators of the effectiveness of the measures considered. It 
is therefore proposed to base the evaluation and monitoring on the specific objectives in the 
specific areas of focus. 

Special attention will be paid to assessing progress in the following main areas addressed i.e.:  

•  The timeliness of measures taken in Member States for ensuring the complete switch-off of 

analogue TV by 1 January 2012; 

•  The  progress 

in  making 

the  790-862  MHz  sub-band  available  for  electronic 

communications under harmonised technical condition in Member States; 

•  Progress  in  migrating  to  "best  in  class"  technologies  for  the  transmission  of  terrestrial 

broadcasting signals; 

•  The  progress  made  in  attaining  the  coverage  target  for  "broadband  for  all"  objective  and 

data speed targets from the point of view of spectrum demand; 

•  The number of additional spectrum allocations under harmonised technical conditions for 

innovative applications subject to only general authorisations within the next 5 years; 

EN 

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•  Progress  made  in  implementing  the  Commission  Decisions  2008/477/EC  (2.6  GHz), 
2008/411/EC (3.6 GHz) and 2009/766/EC (900/1800 MHz), so that spectrum use has been 
authorised  by  1.1.2012  under  authorisation  conditions  that  enable  consumers  to  easily 
access wireless broadband services; 

•  The progress made in EU coordination of spectrum use for PPDR application till 2015; 

•  Completeness of review of spectrum use (Percentage of spectrum for which detailed data 

was collected in the course of the review from Member States); 

•  The  progress  made  in  EU  coordination  of  spectrum  use  for  smart  grids  application  till 

2015; 

•  Number of EU policies depending on radio spectrum use for which the European position 

could be defended in the ITU context. 

In line with the President's Political Guidelines and the working methods of the Commission 
on evaluation of existing policies, a general review of the progress towards the objectives set 
out  in  this  document  will  be  carried  out  in  the  context  of  the  preparation  of  the  subsequent 
RSPP (from 2015 onwards). 

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Annex 1 – re Section 1.2.1 

ANNEX 1: Summary of the outcome of the Spectrum Summit, 22-23 March 2010 

The Spectrum Summit organised jointly by the Commission and Parliament was the first of its 
kind and attracted a total of 360 external participants. 70% of these external participants were 
stakeholders, drawn from a wide variety of sectors and representing 226 different entities, and 
30%  were  from  national  institutions,  including  national  Ministries,  spectrum  managers  and 
national regulatory authorities as well as audiovisual regulators. 

The  idea  of  a  Spectrum  Summit  came  initially  from  the  EP  during  the  negotiations  on  the 
review  of  the  regulatory  framework.  The  principle  aim  was  to  allow  a  high  level  strategic 
discussion between decision-makers (and stakeholders) in order to identify the key issues to 
be addressed by spectrum policy initiatives at EU level. It was also intended to give MEPs a 
greater  understanding  of  the  issues  involved,  and  to  overcome  frustrations  previously 
expressed about a lack of EP involvement in key discussions on spectrum. With the inclusion 
in  the  final  regulatory  framework  of  the  proposal  for  a  Radio  Spectrum  Policy  Programme 
(RSPP), the Summit took on added significance as a means of giving political guidance for 
preparations of this strategic initiative. 

This  note  summarises  the  key  results  of  the  Summit,  with  a  particular  view  towards  the 
preparation  of  the  RSPP.  The  key  conclusions  that  can  be  drawn  from  the  high  level 
deliberations between MEPs, Member States, stakeholders and the Commission at this event 
are the following. 

There  was  a  positive  attitude  of  collaboration  between  EP,  MS  and  the  Commission. 
Previous concerns over differences in expectations of EP and MS as to the level of detail that 
the  RSPP  should  contain  did  not  materialise.  There  was  wide  support  for  staying  at  the 
strategic policy level. No-one challenged the existing regulatory tools, i.e. the Radio Spectrum 
Decision and the regulatory framework, nor was there an attempt to limit the Commission's 
freedom to act on spectrum under these tools by proposing to make the RSPP an exhaustive 
list  of  actions.  In  general,  there  seemed  to  be  a  wide  political  momentum  and  a  sense  of 
urgency to challenge the status quo. 

In view of the wide spread participation as well as judging by the issues raised it is clear that 
the  RSPP  should  also 
look  at  spectrum  use  which  goes  beyond  electronic 
communications services. In particular, the non-ECS  issues of public  sector use (including 
military),  wireless  microphones  (and  other  equipment  used  for  programme  making  and 
special  events),  and  a  sustainable  environment  (e.g.  smart  grids  for  electricity  networks  and 
Earth observation) were raised at the summit. 

The  efficient  use  of  spectrum  is  a  key  principle  which  found  unanimous  support  at  the 
summit. Increasing efficient use in the future could be facilitated through effective reviews ( 
and  an  inventory)  of  current  spectrum  use,  with  the  aim  of  identifying  old  and  inefficient 
technologies  (both  commercial  and  public  sectors),  unused  assignments  and  sharing 
opportunities.  Other  key  principles  that  received  wide  support  at  the  workshop  were  the 
promotion of competition and flexibility through technology and service neutrality. The fact 
that, without EU harmonisation/consistency, economies of scale can not (and are not) created 
in  Europe  any  longer  was  a  recurring  concern,  but  MS  tended  to  emphasise  coordination 
while stakeholders made a plea for harmonisation, in order to facilitate the functioning of the 
internal market and to create certainty for investment. 

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The main discussion at the summit focussed on the digital dividend in the broadcasting band 
(470-862  MHz).  While  there  were  still  several  concerns  expressed  in  terms  of  the  risk  of 
interference into existing TV receivers (including cable) and who would pay for the possible 
mitigating measures and migration of wireless microphones, there was substantial support for 
taking  an  ambitious  and  consistent  approach  to  the  800  MHz  band  (soon  subject  to  a 
Commission  Decision).  In  particular,  the  setting  of  a  common  date  by  which  broadcasting 
should make way for new broadband technologies was seen as a urgent issue in order not to 
lag  behind  other  regions  where  decisions  have  already  been  taken  and  services  are 
developing. Further efficiency gains in the broadcasting band as well as an overall discussion 
of change in the importance of TV distribution platforms could facilitate further opportunities 
for new services (i.e. a second digital dividend) as long as a pluralistic broadcasting landscape 
is protected. 

There  was  the  important  discussion  on  policy  orientations  and  objectives  for  wireless 
broadband both in terms of economic growth and social inclusion. Wireless broadband will 
be a key aspect of the digital agenda and is to be seen in a wider context than just the digital 
dividend. Both terrestrial wireless and satellite platforms can contribute to making broadband 
available,  accessible  and  affordable  to  EU  citizens.  Many  interventions  noted  the  need  for 
concrete  and  ambitious  policy  orientations  and  objectives  in  light  of  the  impact  that  other 
markets  (USxxxi,  Asia)  would  have  on  Europe.  Participants  also  flagged  the  need  to  rapidly 
open existing spectrum bands that have already been harmonised at EU level (800 MHz, 900 
MHz,  1800  MHz,  2.6  GHz  and  3.5  GHz)  as  many  MS  have  not  yet  done  so.  There  was 
support for spectrum trading in general and in particularly in bands used for broadband access 
across Europe.  

Several participants raised a particular interest in spectrum which is only subject to general 
authorisations,  because  of  the  easy  and  low  cost  access  conditions,  such  as  is  the  case  for 
WiFi. They also supported the application of innovative technologies such as cognitive radio 
which  have  the  potential  of  increasing  spectrum  sharing  at  the  equipment  level  without  the 
need  for  any  intervention  by  regulators.  In  general  it  was  felt  that  spectrum  should  be 
accessible  to  innovative  services  and  technologies  coming  out  of  European  research 
programs so as to increase the return in investment into R&D and to support industry.  

On the issue of international coordination there was an uncontested plea for the European 
Union to adopt a united position in the context of the ITU as well as an enhanced role in the 
context supporting EU members in contacts with neighbouring third countries. 

In the process of making spectrum use more flexible, several participants expressed concerns 
regarding national reassignment of current rights of use (so-called refarming). There were 
concerns  about  competitive  distortions,  coherent  application  of  conditions  (e.g.  spectrum 
caps,  network  rollout)  and  award  procedures  (auctions)  when  incumbents  were  competing 
against newcomers. Also the question of "who will pay?" was raised. 

Finally,  in  regard  to  several  of  the  above  issues,  there  was  repeated  acknowledgment  that 
"difficult decisions would have to be taken" because of the competing needs and interests in 
the scarce spectrum resource. 

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Annex 2 – re section 2.1 

ANNEX 2: Summary of responses to the public consultation 

The public consultation on the RSPP gave rise to a substantial number of comments (over 100 
responses) from many different stakeholders representing a wide range of spectrum users. The 
responses to the public consultation covered a wide range of topics. Nevertheless, the majority 
clearly addressed spectrum issues related to the digital agenda, which seems be the area where 
radio spectrum policy can have the largest impact on economic growth and social inclusion.  

Economic growth, social inclusion and services for the citizen 

The extent and range of comments made on this subject clearly demonstrate the importance of 
wireless  services  in  achieving  the  political  goals  set  by  the  digital  agenda.  Many  comments 
referred  to  the  need  for  more  spectrum  in  light  of  the  targets  set  by  the  digital  agenda,  the 
exploding  data  traffic  on  existing  mobile  networks,  and  other  regions  challenging  Europe's 
leadership  in  mobile  communications.  However,  many  comments  also  warned  that  existing 
EU harmonised spectrum for wireless broadband has not been fully assigned (awarded) at the 
national level and once assigned was not being used to the full extent. 

The digital dividend was a main focus of submissions with a variety of views concerning its 
further development. In the first place, there was substantial support for a target date (ranging 
from  2013  to  2015)  by  which  the  800  MHz  band  should  be  fully  released  for  wireless 
broadband services. More controversial is the identification of further spectrum in the digital 
dividend, i.e. below 790 MHz, for wireless broadband. Stakeholders do not agree on the need 
for such action, while at the same time they would like certainty about the future of the band 
470-790  MHz.  Investments  into  terrestrial  broadcasting  networks  will  require  parts  of  the 
digital  dividend  to  accommodate  new  services  (e.g.  HDTV)  in  fixed  as  well  as  in 
portable/mobile  environments  and  more  experience  with  coexistence  between  broadcasting, 
mobile and cable networks should be gained first.  

In any case, there is general agreement among all that spectrum should be used efficiently, in 
particular where the demand is high. Several respondents proposed to review the efficient use 
of spectrum, notably there was support to do so below 3 GHz. 

Another important  aspect is the political  priority of broadband for all. The satellite industry 
provided  substantial  information  about  short  term  plans  to  augment  satellite  capacities 
significantly over Europe so as to make this platform a viable alternative for households and 
businesses  in  need  of  broadband  connections.  Terrestrial  network  operators  also  illustrated 
their coverage capabilities, which rely on spectrum below 1 GHz.  

There  were  numerous  comments  supporting  a  coordinated  approach  to  spectrum  in  Europe, 
which takes account of technology and service neutrality, but also ensures economies of scale 
and the avoidance of interference. Action or guidance at EU level was requested on several 
assignment  issues  related  to  more  flexible  use  (refarming),  such  as  avoiding  competitive 
distortions,  promoting  network  sharing,  facilitating  wider  blocks  of  spectrum  for  broadband 
technologies  and  ensuring  the  coherent  application  of  coverage  obligations  (below  1  GHz) 
and spectrum caps. There was general support for ensuring that frequencies that are used by 
wireless broadband are tradable.  

EN 

62 

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Finally, there were contributions related to services for the citizen. In particular, the spectrum 
needs  for  Public  Protection  and  Disaster  Relief  (PPDR),  Programme  Making  and  Special 
Events (PMSE), and general authorisations to facilitate networks operated by communes were 
flagged as needing attention under the first RSPP. 

Other topics 

The consultation also addressed other issues although it has to be said that these received less 
attention judging by the number of responses and the actions proposed.  

Concerning the impact that radio spectrum policy could have on the environment and health 
the main issue to note is the need to facilitate smart grids. Further information was provided 
on  the  investments  that  wireless  communication  networks  are  making  into  energy  savings, 
monitoring  the  Earth's  surface  etc,  but,  besides  the  need  to  protect  existing  use  for 
interference, specific spectrum challenges that would need to be addressed in the first RSPP 
did not find  wide support.  Concerning  health issues, while some citizens expressed concern 
about health effects arising from the use of radio equipment, several comments from industry 
pointed to the latest scientific opinion which does not point to any health risks. Member States 
should base national limits on scientific opinions and avoid non-scientific argumentation that 
could lead to fragmented approaches and more public concern.  

Concerning  space  exploration  and  transport  safety,  there  was  support  for  efficient  use  of 
spectrum and an emphasis on protecting existing services from interference. Several users of 
these services expressed concern about the application of economic criteria to services in the 
general  interest.  Spectrum  allocations  for  the  relevant  applications  exist  including  for  those 
linked to important EU policies such as SESAR and monitoring climate change. Currently all 
EU policy related applications seem to have spectrum, although some few respondents would 
like  to  augment  their  holdings  based  on  certain  capacity  limits.  Specific  issues  may  need 
further study. 

Concerning effective coordination and negotiation at EU level, the general view seems to be 
that  Member  States,  the  Commission,  CEPT  and  stakeholders  should  jointly  prepare  for 
World Radio Conferences. The early availability of policy guidance would be useful for the 
preparatory  process.  A  particular  role  for  the  Commission  during  WRCs  was  seen  with 
respect  to  important  agenda  items  such  as  the  digital  dividend  and  the  agenda  of  the  next 
conference.  There  was  general  support  for  the  Commission  to  facilitate  negotiations  with 
neighbouring third countries, especially on the topic of the digital dividend.  

EN 

63 

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ANNEX 3: Draft RSPG Opinion on the Radio Spectrum Policy Programme  

EN 

64 

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65 

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66 

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EN 

67 

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68 

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69 

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70 

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EN 

71 

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72 

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EN 

73 

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EN 

74 

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ANNEX 4: Glossary of abbreviations used in the IA report 

BEREC 

Body of European Regulators of Electronic Communications 

CEPT 

European Conference of Postal and Telecommunications Administrations  

ECC 

ECO 

ECS 

ERG 

FCC 

Electronic Communications Committee 

European Communications Office 

Electronic Communication Services  

European Regulatory Group  

Federal Communications Commission (in USA) 

GMES 

Global Monitoring for Environment and Security  

HDTV 

High-Definition TV 

ITS 

ITU 

MCA 

MCV 

MFN 

NRA 

RSD 

Intelligent Transport Systems 

International Telecommunication Union 

mobile communications in airplanes  

mobile communications on vessels 

Multi Frequency Networks 

National Regulatory Authority 

Radio Spectrum Decision, 676/2002/EC 

RSPG 

Radio Spectrum Policy Group 

RSPP 

Radio Spectrum Policy Programme 

PPDR 

Public Protection and Disaster Relief 

UHF 

Ultra High Frequency (band) 

UMTS 

Universal Mobile Telecommunications System  

WAPECS  Wireless Access Policy for Electronic Communications Services 

WRC 

World Radio-communication Conference 

EN 

75 

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Annex 5 

Glossary 

Cognitive  Radio:  A  radio  system  employing  technology  that  allows  the  system:  to  obtain 
to  dynamically  and 
knowledge  of 
autonomously adjust its operational parameters and protocols so as to coexist with other users 
in  the  same  frequency  band.  The  sophistication  of  such  systems  depends  on  technological 
progress. 

its  operational  and  geographical  environment; 

Flexibility  Principle:  Flexibility  in  spectrum  management  and  access  to  spectrum  is 
increased  through  technology  and  service-neutral  authorisations  to  allow  spectrum  users  to 
choose the best technologies and services to apply in frequency bands declared available for a 
type of application in the relevant national frequency allocation plans. 

General Authorisations: Under the Authorisations Directive, a legal framework established 
by a Member State ensuring rights for the provision of electronic communications networks 
or  services  and  laying  down  sector  specific  obligations  that  may  apply  to  all  or  to  specific 
types of electronic communications networks and services. 

Harmful  interference:  Under  the  Authorisations  Directive  and  the  ITU  Radio  Regulations, 
interference  which endangers  the functioning of a radionavigation service or  of other safety 
services  or  which  otherwise  seriously  degrades,  obstructs  or  repeatedly  interrupts  a 
radiocommunications  service  operating  in  accordance  with  the  applicable  Community  or 
national regulations. 

Service Neutrality: As part of the flexibility principle, service neutrality allows the provision 
of any service in a specific frequency band that has been identified for such use. However, for 
safety of life reasons a frequency band may be allocated exclusively for one particular service. 
Furthermore, a specific service may be made obligatory (without excluding other services) in 
justified cases, such as the promotion of social, regional or territorial cohesion, the avoidance 
of inefficient use of radio frequencies or the promotion of cultural and linguistic diversity and 
media pluralism. 

Technology Neutrality: As part of the flexibility principle, technology neutrality allows the 
deployment of any technology in a specific frequency band that has been identified for such 
use. However, there can be restrictions that need to be justified by the need to avoid harmful 
interference  (for  example  by  imposing  emission  masks  and  power  levels),  to  ensure  the 
protection of public health by limiting public exposure to electromagnetic fields, to ensure the 
proper  functioning  of  services  through  an  adequate  level  of  technical  quality  of  service,  to 
ensure proper sharing of spectrum, to safeguard efficient use of spectrum, or to fulfil a general 
interest objective in conformity with Community law. 

Collective  Use  of  Spectrum  (CUS):  Collective  Use  of  Spectrum  allows  an  undetermined 
number of independent users to access spectrum in the same range of frequencies at the same 
time  and  in  a  particular  geographic  area  under  a  well-defined  set  of  conditions.  It 
complements the concept of individual rights of use where only one user holds the right to use 
a specific part of the spectrum. 

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Annex 6 

ANNEX 6: List of references 

i Source: Mobile Industry Observatory 2009 

ii  

Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 

iii 
regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) 

Decision  No  676/2002/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  a 

iv 

Analysys et al, Study on Conditions and Options in Introducing Secondary Trading of Radio Spectrum 
at 

in 
http://ec.europa.eu/information_society/policy/radio_spectrum/activities/studies/index_en.htm 

the  European  Community,  Final  Report 

the  European  Commission, 

available 

for 

v 

Analysys et al, Study on Conditions and Options in Introducing Secondary Trading of Radio Spectrum 
at 

in 
http://ec.europa.eu/information_society/policy/radio_spectrum/activities/studies/index_en.htm 

the  European  Community,  Final  Report 

the  European  Commission, 

available 

for 

vi 

vii 

viii 

Broadband Growth and policies in OECD countries, OECD 2008 

COM/2007/0700 

IDATE reports on Broadband Coverage in Europe; Data as of 31/12/2006 - 

http://ec.europa.eu/information_society/eeurope/i2010/docs/benchmarking/broadband_coverage_10_2007.pdf. 
Data 
- 
http://ec.europa.eu/information_society/eeurope/i2010/docs/benchmarking/broadband_coverage_2008.pdf.  Data 
for  Romania  and  Bulgaria,  who  joined  the  EU  in  2007,  are  not  available  in  these  IDATE  reports  for  the 
indicators considered here. 

31/12/2007 

as 

of 

ix 

x 

See ITU Reports ITU-R M.2072 and ITU-R M.2078 

Commission study on Future Mobile Services: http://fms.jrc.ec.europa.eu/pages/documents.htm 

See  Position  Paper  on  Wireless  Broadband,  13  May  2009,  Document  RSPG09-284 

xi  
link: 
http://rspg.groups.eu.int/_documents/documents/meeting/rspg19/rspg09_284_position_paper_wireless_broadban
d.pdf 

xii 
band, 2.6 GHz, 3.6 GHz and 2 GHz band.  

This  includes  spectrum  available  in  the  following  frequency  bands:  800  MHz  band,  900/1800  MHz 

xiii 
As an example, Eutelsat one of the major providers in Europe, today has the capacity to serve 1 million 
European homes at speeds of up to 10 Mbps. By 2014 it plans to offer high speed broadband (50 or 100 Mbps) to 
French homes (the exact number of connections is not specified in the response to the public consultation).  

xiv 
date, together with transitional arrangements for existing rights 

to be implemented by Member States by 25 May 2011 for the rights to use spectrum assigned after that 

xv 

RSPG Opinion on WAPECS of 23 November 2005. 

xvi 
vessels (MCV) 

e.g.  for  RLAN  in  5  GHz,  mobile  communications  in  airplanes  (MCA)  or  mobile  communications  on 

xvii  

xviii 

EN 

Decision 626/2008/EC on the selection and autorisation of systems providing mobile satellite services 

'Optimising the Public sector's Use of the Radio Spectrum in the European Union'; WIK Consult; 2008 

77 

   EN 

 
                                                 
And study on the Collective use of Spectrum  

xix 

Analysys et al, Study on Conditions and Options in Introducing Secondary Trading of Radio Spectrum 
at 

in 
http://ec.europa.eu/information_society/policy/radio_spectrum/activities/studies/index_en.htm 

the  European  Community,  Final  Report 

the  European  Commission, 

available 

for 

xx 
Spectrum, 
http://ec.europa.eu/information_society/policy/ecomm/library/ext_studies/index_en.htm 

Benchmarking  Impacts  of  EU  Policy  Options  for  Economically  Efficient  Management  of  Radio 
at: 

Associates, 

available 

2006, 

SFC 

xxi 
See  SEC(2007)  1472/3  Accompanying  document  to  the  Commission  proposal  for  a  Directive  of  the 
European  Parliament  and  the  Council  amending  European  Parliament  and  Council  Directives  2002/19/EC, 
2002/20/EC and 202/21/EC; Commission proposal for a Directive of the European Parliament and the Council 
amending European Parliament and Council Directives 2002/22/EC and 2002/58/EC; Commission proposal for a 
Regulation of the European Parliament and the Council establishing the European Electronic Communications 
Markets Authority {COM(2007)697, COM(2007)698, COM(2007)699, SEC(2007)1473} 

Executive summary of study on economic, legal and technical aspects of "collective use of spectrum": 

xxii 
http://ec.europa.eu/information_society/policy/ecomm/radio_spectrum/_document_storage/studies/cus/cus_exec
sum_fin.pdf  

xxiii 

xxiv 

xxv 
mason 

xxvi 

xxvii 

Commission decisions 2004/545/EC and 2005/50/EC 

'Optimising the Public sector's Use of the Radio Spectrum in the European Union'; WIK Consult; 2008 

Report  for  the  TETRA  association:  Public  safety  mobile  broadband  and  spectrum  needs,  Analysys 

'Optimising the Public sector's Use of the Radio Spectrum in the European Union'; Wik Consult; 2008 

COM(2008) 886 of 16.12.2008 

xxviii 
Support Utility Operations ( Smart grids), 2209/EUTC/DR/v14, 16.03.2010, Aegis spectrum engineering 

Study  for  European  Utilities  Telecom  Council  (EUTC):  Options  for  a  Harmonised  Allocation  to 

Impact Assessment on European Space Policy prepared in 2007 

xxix 

xxx 

Analysys et al, Study on Conditions and Options in Introducing Secondary Trading of Radio Spectrum 
at 

in 
http://ec.europa.eu/information_society/policy/radio_spectrum/activities/studies/index_en.htm 

the  European  Community,  Final  Report 

the  European  Commission, 

available 

for 

xxxi 
MHz of spectrum for broadband. 

Several stakeholders mentioned the recent US government initiative to make available an additional 500 

EN 

78 

   EN