COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Union’s policy approach to the ITU World Radiocommunication Conference 2012 (WRC-12) (Text with EEA relevance)
Date: 2011-04-06
Institutions: European Commission
Subjects: EU policy, broadcasting, international conference, international negotiations, mobile phone, telecommunications policy, waveband

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EUROPEAN COMMISSION 

Brussels, 6.4.2011 
COM(2011) 180 final 

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

The European Union’s policy approach to the ITU World Radiocommunication 
Conference 2012 
(WRC-12) 
(Text with EEA relevance) 

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TABLE OF CONTENTS 

1. 

2. 

3. 

4. 

5. 

The European and global dimensions of spectrum policy ........................................... 3 

European preparations for WRC-12............................................................................. 4 

Suggested policy orientations for WRC-12 ................................................................. 4 

Unity of action of the Member States and the EU ..................................................... 10 

Conclusion.................................................................................................................. 10 

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1. 

THE EUROPEAN AND GLOBAL DIMENSIONS OF SPECTRUM POLICY 

This  Communication  seeks  to  inform  the  European  Parliament  and  the  Council  about  those 
items on the agenda for the forthcoming World Radiocommunication Conference (WRC-12) 
which  are  of  relevance  to  European  Union  policies.  It  also  proposes  the  common  policy 
objectives to be pursued. 

A  strategic  and  coherent  spectrum  policy  is  an  important  tool  underpinning  a  modern 
information  society  and  facilitating  a  wide  range  of  policy  objectives.  Accordingly,  the 
Digital Agenda for Europe1, one of the flagship initiatives of the EU 2020 strategy, identified 
a coordinated spectrum policy as a key element in achieving our goals for economic growth 
and innovation, with the aim of providing all of Europe with access to fast broadband. 

In recognition of the importance of radio spectrum, the European Parliament and the Council 
established in Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for 
electronic  communications  networks  and  services2  (hereinafter  the  "Framework  Directive") 
provisions for the Commission to propose a Radio Spectrum Policy Programme to frame the 
development of spectrum policy3 within the European Union. This is reinforced by the new 
provision4  requiring  the  Radio  Regulations  of  the  ITU  (International  Telecommunication 
Union)  to  be  respected,  which  clearly  makes  it  necessary  for  the  EU  to  maintain  close 
coordination in international fora on spectrum in order to promote its interests. 

The  World  Radio  Conference  is  the  venue  for  adapting  the  Radio  Regulations,  that  codify 
cross-border aspects of the use of the radio spectrum, determining which uses have to adapt to 
other uses across an international border. All EU Member States are also ITU members and 
play  an  active  part  in  adapting  the  Radio  Regulations.  The  European  Union  is  a  ‘Sector 
Member’,  a  status  similar  to  industry  organisations.  The  next  conference  will  take  place  in 
Geneva from 23 January to 17 February 2012.  

For previous WRCs, the Commission has provided the European Parliament and Council with 
a Communication5 setting out the EU policy interest in certain agenda items. 

Based  on  several  years  of  preparatory  work,  WRC-12  will  conclude  with  the  adoption  of 
modifications  to  the  ITU  Radio  Regulations.  Each  WRC  can  by  necessity  only  consider  a 
small subset of the Radio Regulations, setting out the spectrum bands to be discussed and the 
scope of the possible outcomes. These agenda items are defined at the previous WRC. Several 
agenda  items  are  important  for  the  Digital  Agenda  for  Europe,  such  as  1.17  on  the  digital 
dividend, 1.2 and 1.19 on a regulatory system more open to innovation and 1.5 on electronic 
news gathering, but other items also have implications. The final document will be signed by 
the  EU  Member  States,  which  will  also  submit  a joint declaration  for inclusion  in the Final 
Acts of the WRC, stating that they will apply the revised ITU RR adopted at the conference in 
accordance with their obligations under the Treaty on European Union and the Treaty on the 
Functioning of the European Union. 

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COM(2010) 245 A Digital Agenda for Europe. 
OJ L 108, 24.4.2002, amended by Directive 2009/140/EC, OJ L337, 18/12/2009 . 
Ibid, Article 8a(3). 
Ibid, Article 9(1). 
See for the last WRC: COM(2007) 371, The ITU World Radiocommunication Conference 2007. 

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Given  this  background,  it  is  necessary  to  bridge  the  gap  between  the  growing  strategic  and 
policy-driven nature of EU spectrum policy and the technical and regulatory negotiations at 
the  WRC,  and  to  do  so  with  the  full  understanding  that  the  technical  positions  of  our 
negotiating partners may well serve as expressions of policy aims, industrial policy or other 
interests. An innovation-friendly and adaptive international regulatory system is very much in 
the interests of the European Union.  

2. 

EUROPEAN PREPARATIONS FOR WRC-12 

EU  Member  States  negotiate  in  the  ITU  as  independent  members  of  the  organisation.  In 
practice, they choose to develop their technical positions together within CEPT (Conférence 
Européenne des Postes et Télécommunications6), before negotiating with the rest of the world 
on  the  basis  of  consolidated  European  positions  (‘European  Common  Proposals’).  While 
CEPT  is  effective  in  developing  the  detailed  European  negotiating  positions  required  for  a 
technical-regulatory conference like WRC, it must be recalled that Member States are bound 
by their obligations under the EU Treaties and by the acquis.  

Therefore, the development of technical positions in CEPT needs to be complemented by the 
consideration of overall EU interests in the negotiations. To support this, and in line with the 
provisions  of  the  framework  directive,  the  Commission  has  requested  the  Radio  Spectrum 
Policy  Group  (RSPG),  a  high-level  advisory  body  of  Member  States’  representatives,  to 
provide an Opinion advising the Commission of the European policy interests at stake at this 
conference. The RSPG adopted its Opinion on 10 February 2011. In addition, a workshop7 co-
organised by CEPT and the Commission took place in Brussels on 10 June 2010 with wide 
participation from stakeholders.  

Member  States  must  develop  common  actions  and  closely  cooperate  throughout  the 
negotiation process in order to ensure that decisions are taken that support Union policies and 
initiatives.  

For this purpose, the Commission will support the coordination of policy approaches on the 
basis  of  the  endorsement  of  EU  policy  objectives  by  Parliament  and  Council  in  advance  of 
WRC-12 and will monitor Europe’s involvement in the process. 

3. 

SUGGESTED POLICY ORIENTATIONS FOR WRC-12 

There  are  25  individual  agenda  items  of  varying  importance,  ranging  from  the  cross-border 
coordination requirements for the digital dividend (1.17) and spectrum for the development of 
Galileo  (1.4  and  1.18)  to  a  project  for  high-altitude  communication  balloons  (1.20).  The 
following is an attempt to structure the agenda items into subject groups and link them to the 
relevant EU policy objectives, taking into account the advice from the RSPG.  

AGENDA ITEMS AND THEIR IMPORTANCE FOR EU POLICIES 

Agenda item 1.17 Digital Dividend / Policy: Internal Market  

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CEPT is an association of 48 postal and telecommunication administrations, which works in particular 
on spectrum matters. 
http://ec.europa.eu/information_society/policy/ecomm/radio_spectrum/manage/intl/wrc/
index_en.htm#ws_wrc12. 

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This agenda item concerns cross-border coordination of the use of spectrum in the upper part 
of the digital dividend (790–862 MHz). This is particularly relevant where the spectrum is not 
used  for  terrestrial  broadcasting  on  either  side of  the  border,  as  digital  broadcasting  already 
benefits from protection under the ITU Geneva-06 agreement. In the EU, this band has been 
technically harmonised to enable the provision of wireless broadband, and will be crucial to 
the effort to roll out such services in a cost-efficient manner. Harmonisation takes effect from 
the moment a Member State decides to discontinue high-power broadcasting in this band. A 
separate proposal for a common date for finalising this process is contained in the proposal for 
a Radio Spectrum Policy Programme8. The effective use of part of the digital dividend along 
the EU’s eastern border is hampered by the use of a dated aeronautical navigation system in 
the same band on the other side of the border. That system is now approaching the end of its 
life,  and  the  EU  should  aim  for  fair  coexistence  between  future  uses  on  either  side  of  the 
borders, enabling full use of  the 790–862 MHz band for wireless  broadband throughout  the 
EU. 

EU policy objective 

The EU should support regulatory provisions for the balanced coexistence between wireless 
broadband  and  the  diminishing  use  of  aeronautical  radionavigation  systems  on  its  eastern 
border, with the aim of enabling wireless broadband to cover effectively the entire territory of 
the  EU.  All  obligations  to  protect  digital  broadcasting  under  the  GE-06  agreement  should 
remain in force and no further obligations should be added at the conference. 

Agenda items 1.4/1.18 Galileo / Policy: Trans-European Networks 

The  Galileo  satellite  navigation  system  is  Europe’s  initiative  for  a  state-of-the-art  global 
satellite  navigation  system,  providing  a  highly  accurate,  guaranteed  global  positioning, 
navigation  and  timing  service.  It  will  underpin  critical  infrastructures  and  important  public 
services  such  as  search  and  rescue  as  well  as  commercial  uses  and  consumer  satellite 
navigation receivers. 

Galileo will use spectrum in various bands and two agenda items are directly relevant. Under 
agenda item 1.18, the aim is to create a harmonised global primary allocation in 2483.5–2500 
MHz for use by satellite navigation systems out of the existing regional patchwork of primary 
and secondary allocations. Studies have shown that systems like Galileo can share the band 
whilst  protecting  existing,  including  sensitive  radar  systems  coming  under  the  regulatory 
provision  ‘no  harmful  interference,  no  protection’.  For  the  5000–5030  MHz  band  already 
allocated to satellite navigation systems and used by Galileo's mission uplink, see agenda item 
1.4 below. 

EU policy objective 

Galileo  is  an  important  European  project  and  the  EU  has  to  safeguard  the  frequencies 
necessary  for  its  operation  from  interference  from  other  radio  services.  The  EU  should  also 
support the additional band 2483.5–2500 MHz for future enhanced services 

Agenda items 1.4/1.7 SESAR (Single European Sky ATM Research) / Policy: Transport 
Policy, Space Policy 

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The ordinary legislative procedure is ongoing. 

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Europe  has  one  of  the  densest  air  traffic  in  the  world.  The  EU’s  Single  European  Sky  Air 
Traffic  Management  (ATM)  Research  programme  (SESAR)  aims  to  develop  a  next-
generation  air  traffic  management  system  capable  of  ensuring  the  safety  and  fluidity  of  air 
transport worldwide over the next 30 years. The EU aim as regards spectrum is to enable the 
smooth introduction of the systems envisaged under the programme. The project is now in its 
development phase, with deployment expected to begin in the period 2014–20. 

Agenda item  1.4 concerns the  introduction of more modern aviation safety communications 
systems This agenda point will address the regulatory provisions necessary for aviation use in 
the 960–1164 MHz band. These are intended to support the introduction of applications in air 
traffic  management  that  are  data-intensive  and  support  the  transfer  of  safety-critical 
information.  Compatibility  between  such  systems  proposed  for  operation  in  the  frequency 
band  960–1164  MHz  and  systems  standardised  by  ICAO  (International  Civil  Aviation 
Organisation)  will  have  to  be  ensured  through  ICAO  standards.  These  systems  as  well  as 
GSM and UMTS (and other foreseen broadband systems) below 960 MHz require adequate 
protection.  Regulatory  limits  on  aviation  use  should  also  ensure  the  protection  of  satellite 
navigation receivers operating in the 1164–1215 MHz band, intended by GPS, Galileo and the 
Russian GLONASS for safety of life applications.  

The  aviation  sector  is  developing  a  wireless  local  area  network  system  in  the  range  5091  – 
5150  MHz  for  surface  applications  at  airports,  which  is  being  standardised  in  various 
international  fora  and  is  supported  under  SESAR,  with  a  completion  deadline  of  2013.  The 
proposed  new  aviation  allocation  in  the  band  5000  –  5030  MHz  would  be  included  in  this 
activity 

However,  an  allocation  to  aviation  use  in  the  5000–5010  MHz  band  should  only  be 
considered if requirements for such systems cannot be satisfied in the 5091–5150 MHz band, 
and provided that there is no harmful interference with Galileo in the 5000–5030 MHz band 
(noting  particularly  Galileo’s  critical  uplink)  and  the  radio  astronomy  service  in  the  4990–
5000 MHz band. To safeguard signals to future Galileo receivers no new aviation allocation 
should be proposed in the band 5010–5030 MHz, where studies have concluded compatibility 
is not possible.  

Agenda item 1.7 concerns the current  and  planned use of satellite services, in particular the 
need for the band 1525–1559/1626.5–1660.5 MHz to be shared in a transparent and equitable 
manner so that long-term availability for aeronautical satellite services can be ensured. 

EU policy objective 

At  WRC-12  the  EU  should  preserve Europe’s capability to develop and  implement the best 
possible system in an effective and transparent manner. The same aim should guide EU policy 
under agenda item 1.7 regarding SESAR satellite use and ensure that the satellite component 
of SESAR can serve its purpose. 

Agenda items 1.7/1.13/1.25/7 Communications satellites / Policy: Internal Market, Space 
Policy 

European  companies  are  world  leaders  in  the  provision  of  satellite  communication: 
broadcasting, fixed-satellite services and mobile-satellite services all play an important role in 
providing services to many areas of our economy and society. Their continuing ability to do 
so will have to be maintained, while ensuring that spectrum is efficiently used.  

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EU policy objective  

The EU should oppose any division of the 21.4–22 GHz band and associated orbital slots into 
national  ITU  member  state  assignments,  which would  limit its usability. The EU should, as 
stated  before,  defend  a  position  that  provides  mobile  satellite  services  with  the  spectrum 
necessary to deliver services for air traffic management in Europe. 

Agenda item 1.3 Unmanned Aerial Systems (UAS) 

While military applications may be better known, the ITU is concerned with the use of UAS 
in non-segregated airspace, i.e. where manned and unmanned aircraft may operate at the same 
time. UAS can provide important civilian/public protection functionalities: it can play a vital 
role  in  areas  such  as  fire-fighting,  agricultural  monitoring,  border  and  coast  guard  services, 
but can also assist relief efforts world-wide (identifying migration flows during droughts and 
floods). As these functionalities require UAS to share airspace with conventional aeroplanes, 
it is important that they can operate safely and in full compliance with air traffic management 
rules.  However  there  are  concerns  that  some  spectrum  being  considered  for  the  UAS 
terrestrial component would prevent ubiquitous deployment of future Galileo receivers in the 
5010–5030  MHz  band,  or  more  importantly  interfere  with  Galileo’s  critical  uplink  in  the 
5000–5010 MHz band.  

EU policy objective 

The EU should support the identification of spectrum required for the safe operation of UAS 
in non-segregated airspace. Spectrum options for UAS outside the range 5000–5030 MHz are 
therefore preferable from the EU’s perspective. 

Agenda  item  1.2  Flexibility  in  the  international  regulatory  system  /  Policy:  Internal 
Market;  agenda  item  1.19  Software-defined  and  cognitive  radio  /  Policy:  Internal 
Market 

Decisions  at  a  WRC  can  have  an  impact  over  a  very  long  time  frame.  If  the  international 
regulatory system becomes too rigid, it can have a detrimental effect on Europe’s capability to 
introduce new and innovative services and flexible authorisation systems such as shared use. 
The EU is at the forefront of modernising spectrum management, so it is important to future-
proof ITU regulations whenever possible by having them contain an element of flexibility, for 
example permitting a mix of fixed and mobile networks in cellular systems.  

Software-defined radio, which results from the capability of a radio transmitter to change its 
signal characteristics via software, has to comply with the rules that apply to the service and 
the  band  it  operates  in.  It  seems  to  be  recognised  that  no  regulatory  provisions  would  be 
needed at global level to manage this. Cognitive radio systems (which identify spare spectrum 
allocated  to  other  uses  and  uses  software-defined  radio  technology  to  opportunistically  use 
such  vacant  spectrum)  are  a  more  complicated  matter  and  their  potential  use  has  raised 
concerns about their reliability in not causing interference. While it is important to allow such 
technologies to be implemented, the introduction of cognitive radio systems must not unduly 
impede  any  primary  spectrum  use.  The  Radio  Regulations  do  not  appear  to  be  a  suitable 
instrument to address such concerns.  

EU policy objective applicable to both items 

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The  EU  should  retain  its  capability  to  modernise  European  spectrum  management  and 
encourage  the  ITU  to  work  towards  more  flexible  approaches.  On  software-defined  and 
cognitive radio, no change in the Radio Regulations seems called for. 

Agenda item 1.22 Emissions from short-range devices / Policy: Internal Market 

Many  bands  for  short-range  devices  (SRD),  radios  which  transmit  over  metres  rather  than 
kilometres, are harmonised in the European Union. There are a wide variety of such devices, 
ranging from car remote controls to sophisticated medical equipment. Cumulatively, they are 
of great importance for the EU’s economy and society. These devices have by definition only 
limited  cross-border  interference  potential,  and  the  Radio  Regulations  would  not  be  an 
appropriate  instrument  to  regulate  any  interference  concerns  that  could  be  occasioned  by 
imports of unregulated devices.  

EU policy objective 

The  EU  should  resist  additional  constraints  being  introduced  in  the  Radio  Regulations  for 
short-range  devices,  given  the  limited  cross-border  implications  and  the  fact  that  EU 
legislation  provides  sufficient  flexibility  for  defining  SRD  parameters.  The  EU  should 
encourage  similar  band  use  by  other  ITU  members  outside  the  EU  to  increase  existing 
economies of scale. 

Agenda items relevant to scientific research and combating climate change 

A number of agenda items are of interest for the EU’s research and climate change policies, 
including:  agenda  items  1.6  on  passive  services  in  the  275–3000  GHz  band;  1.11  on  space 
research in the 22.55–23.15 GHz band; 1.12 on a space research service in the 37 GHz band; 
1.16  on  lightning  detection;  1.24  on  meteorological  satellites;  and  1.15  on  oceanographic 
radars in 3–50 MHz.  

The spectrum considered in agenda item 1.6 is above that used for communications purposes 
and is generally viewed as intended for scientific research. Passive services as in 1.6 and 1.24 
can be used for purposes such as earth observation, which plays a major role in our efforts to 
combat climate change and ensure the security of citizens, in particular in the framework of 
the EU's GMES project. They are usually very sensitive to other uses and may need specific 
protection  against  interference  from  those  uses.  The  services  under  the  other  agenda  items, 
while less sensitive, will need adequate protection from interference by other users. 

WRC-12  may  also  serve  to  widen  the  understanding  of  these  needs  among  our  negotiating 
partners,  so  that  the  relevant  services,  which  are  also  important  for  weather  forecasting, 
disaster  prediction  and  mitigation,  are  more  widely  understood  to  provide  benefits  in  areas 
outside Europe as well. 

EU policy objective 

The  EU  should  promote  the  new  allocations  required  and  protect  scientific  services  in  the 
relevant  bands.  In  particular,  services  helping  to  combat  climate  change  and  ensure  the 
security of citizens should be protected. 

Agenda item 1.5 Tuning ranges for Electronic News Gathering 

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The availability of spectrum for news events where and when required is a very important aim 
as  such.  This  requirement  varies  greatly  in  time  and  location,  and  the  Commission  concurs 
with the view expressed by the RSPG that an ITU-R Recommendation listing possible tuning 
ranges will provide  guidance  to  manufacturers while  providing  spectrum  managers  with  the 
necessary flexibility to make spectrum available at short notice, and that no allocation through 
the WRC is required. 

EU policy objective 

The EU should maintain that the Radio Regulations should not be changed under this agenda 
item,  but  should  encourage  the  work  of  ITU-R  to  identify  tuning  ranges  through  an  ITU-R 
Recommendation, leading to increased de-facto harmonisation. 

For the following items, the outcomes will have little impact on overall policy objectives. 

Agenda item 1.9 Maritime mobile service and agenda item 1.10 Safety systems ships and 
ports 

These two items concern changing the channelling arrangement for existing maritime services 
to  enable  the  introduction  of  new  digital  technology.  This  represents  an  updating  of  the 
worldwide regulatory system to reflect developments already underway. 

Agenda  item  1.23  Amateur  service  and  agenda  item  1.20  High  Altitude  Platform 
Stations 

There are no EU interests involved. 

Agenda item 1.21 Radars in the 15.4–15.7 GHz band 

This is a band adjacent to important radio astronomy services and any change in use will have 
to be considered carefully. Studies are continuing leading up to the conference.  

Agenda item 8.2 Agenda for the next WRC conference 

Each World Radiocommunication Conference establishes the agenda for the next conference. 
This  will  be  of  great  importance  for  EU  policy,  in  particular  broadband  policy.  It  is  in  the 
EU’s  interest  to  support  initiatives  at  future  WRC  conferences  which  relate  directly  to 
particular European Union policies. 

In  preparation  of  WRC-15,  the  Commission  will  work  with  all  relevant  stakeholders  to 
identify the specific spectrum needs of such policy areas to be supported at the conference. 

In the Commission’s view an agenda item on wireless broadband should not be restricted to a 
specific band. The EU approach to WRC-15 should be based on a careful assessment of how 
efficiently the wireless broadband industry has used the substantial amount of spectrum made 
available  through  EU  legislation,  and  on  the  societal  and/or  economic  value  the  present 
services  in  those  bands  represent  given  the  spectrum  they  occupy.  In  this  context,  the 
inventory  envisaged  in  the  Radio  Spectrum  Policy  Programme  will  be  important,  as  it  will 
clarify uses including those outside electronic communications services. 

EU policy objective 

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The next WRC-15 agenda, which will be set in 2012, should address potential spectrum needs 
arising  from  important  EU  policies.  In  particular,  it  should  include  an  item  to  respond  to 
possible capacity constraints on the provision of wireless broadband in line with the aims of 
the Digital Agenda for Europe. 

4. 

UNITY OF ACTION OF THE MEMBER STATES AND THE EU 

Spectrum has a strong EU policy dimension, as it affects the internal market in general as well 
as  research,  transport,  climate  change  or  trans-European  networks,  areas  that  are  subject  to 
shared or concurrent competence. In all these areas however, situations could arise where the 
Union has an exclusive competence, in particular when common rules may be affected, which 
could be the case here because of the binding effect of the Radio Regulations. In the case of 
WRC-12, this could apply to at least two agenda items, 1.17 on the digital dividend and 1.22 
on  short-range  devices,  as  there  is  existing  EU  legislation  in  force  for  the  spectrum  bands 
concerned and changes in the Radio Regulations could directly affect their scope. Beyond that 
and  more  generally,  a  coordinated  approach  is  required  in  order  to  ensure  the  unity, 
consistency and effectiveness of action of the Union and the Member States for all issues and 
agenda items where the EU domain could be affected. 

From this perspective it is necessary to ensure that, during WRC-12, agreed policy objectives 
are promoted and defended by Member States acting, where necessary, on behalf of the EU. 
To this end and in view of the current status of the EU at the ITU, a solution could be for the 
Member State ensuring the Council Presidency to coordinate the relevant agenda items at the 
conference, in close coordination with the Commission, and for its representative to speak for 
the  Union  where  necessary.  This  would  be  without  prejudice  to  the  possibility  for  the 
Commission, if necessary and where appropriate, to make a proposal to the Council in order 
to establish the position to be adopted on behalf of the EU, in accordance with Article 218 (9) 
TFEU. 

At  a  later  stage,  it  could  also  be  envisaged  to  re-examine  the  status  and  the  role  of  the 
European  Union  in  the  ITU.  This  could  be  an  issue  for  the  next  ITU  Plenipotentiary 
Conference, scheduled in 2014. 

5. 

CONCLUSION  

The  European  Parliament  and  the  Council  are  called  on  to  endorse  the  common  EU  policy 
objectives identified in this Communication to be achieved at the World Radiocommunication 
Conference in 2012.  

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