COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Promoting the shared use of radio spectrum resources in the internal market
Date: 2012-09-03
Institutions: European Commission
Subjects: domestic market, radio telecommunications, regulation of telecommunications, transmission network, waveband

EUROPEAN COMMISSION 

Brussels, 3.9.2012  
COM(2012) 478 final 

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

Promoting the shared use of radio spectrum resources in the internal market 

(Text with EEA relevance) 

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

Promoting the shared use of radio spectrum resources in the internal market 

(Text with EEA relevance) 

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1. 

INTRODUCTION 

The  European  Union  is  facing  exponential  growth  in  wireless  data  traffic.  Wireless 
connectivity is becoming increasingly important in the economy. Industry sources predict that 
global  mobile  data  traffic  will  increase  26 %  annually  by  2015.  By  then,  there  will  be  7.1 
billion  phones,  tablets  and  other  mobile  devices  that  can  connect  to  the  Internet.  Wireless 
broadband has become a ubiquitous internet access medium for citizens in Europe, and mobile 
network  operators  will  have  to  meet  growing  user  demand.  Many  other  economic  sectors 
beyond  electronic  communications  should  also  benefit  from  wireless  innovations  and  high-
speed data applications that can improve productivity and ensure sustainable growth. 

Meeting  growing  spectrum  needs  for  wireless  connectivity  is  constrained  by  lack  of  vacant 
spectrum and by the high price associated with re-allocating spectrum to new uses, in terms of 
cost,  delays  and  the  occasional  need  to  switch  off  incumbent  users.  To  satisfy  growing 
demand, more efficient use and innovation are crucial. Within the next decade, technological 
progress may enable an increasing number of users to share simultaneous rights of access to a 
specific frequency band. However, the regulatory environment must allow this to happen. 

Shared use of spectrum involves different users all enjoying the right to use a given frequency 
band in a variety of different relationships. This in effect makes additional spectrum resources 
available  and  lowers  spectrum  access  hurdles  for  new  users.  A  study  conducted  for  the 
Commission shows that finding additional shared spectrum resources for wireless broadband 
could create significant net economic benefits for the EU. With an increase of between 200 to 
400  MHz  in  shared  access  spectrum  for  wireless  broadband,  the  scenarios  evaluated  in  the 
study  show  a  net  increase  in  the  value  to  the  European  economy  of  the  order  of  several 
hundred billion Euros by 20201. 

As  spectrum  management  is  an  essential  pre-requisite  for  the  digital  single  market,  this 
initiative therefore contributes directly to meeting the objectives of the Europe 2020 strategy 
and, when implemented, could contribute to reinforcing the European economy. Reaping the 
full benefits of sharing spectrum requires not just the removal of current regulatory barriers to 
deploying innovative radio access technologies, but also the active facilitation of sharing. In 
line with the Radio Spectrum Policy Programme (RSPP)2, the Commission therefore seeks the 
broadest  possible  political  endorsement  of  the  proposed  steps  to  foster  the  development  of 
wireless innovations in the EU to ensure that the currently allocated spectrum is exploited to 
the fullest extent possible. 

This  Communication  lays  out  the  regulatory  background,  the  drivers  and  enablers,  and  the 
challenges for more shared use of spectrum. Section 5 describes the proposed new approach to 
give incentives for and legal certainty to spectrum sharing. Section 6 proposes next steps to 
foster the shared use of spectrum in the internal market in unlicensed and licensed bands. 

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See: Perspectives on the value of shared spectrum access, SCF Associates, February 2012 (SCF 2012). 
Decision 243/2012/EU of 14 March 2012, OJ L 81 of 21.3.2012, p. 7; Art. 4.1. 

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2. 

REGULATORY BACKGROUND 

The  EU  regulatory  framework  for  electronic  communications3  seeks  to  facilitate  access  to 
spectrum,  based  on  the  least  onerous  authorisation  system  possible.  It  favours  the  use  of 
general authorisations, except where individual licences are clearly necessary, e.g. to ensure 
protection  against  harmful  interference.  It  establishes  the  principles  of  efficient  use  and 
effective  management  of  spectrum,  as  well  as  technology  and  service  neutrality.  The  RSPP 
extends these principles to all relevant EU policy areas4. To enhance efficiency and flexibility, 
it requires Member States, in cooperation with the Commission, to foster, where appropriate, 
the collective use and shared use of spectrum5.  

Corresponding to the Union policy objective of allocating sufficient and appropriate spectrum 
in a timely manner and to best meet the increasing demand for wireless broadband, the RSPP 
aims to identify at least 1200 MHz by 2015 as well as to facilitate access to spectrum through 
general  authorisations6.  Spectrum  sharing  approaches,  e.g.  radio  local  area  networks 
(RLANs),  small  cell  base  stations  and  mesh  networks  are  explicitly  referred  to7.  The  RSPP 
also requires the Commission, in cooperation with Member States, to assess the possibility of 
extending the allocation of unlicensed  spectrum  for  wireless  access  systems8.  Meeting these 
objectives  requires  solutions  adapted  to  the  different  authorisation  situations.  In  addition  to 
licence-exempt bands and exclusively licensed bands, there are also bands where a number of 
users have licences, i.e. where the rights of use are not exclusive. 

Finally,  the  RSPP  establishes  a  spectrum  inventory  inter  alia  to  identify  spectrum-sharing 
opportunities9.  In  implementing  these  actions,  the  Commission  shall  ensure  that  the  rights 
enshrined in the EU Charter of Fundamental Rights are respected10. 

3. 

DRIVERS AND ENABLERS FOR THE SHARED USE OF SPECTRUM 

The shared use of spectrum refers to situations in which a number of independent users and/or 
devices  are  allowed  to  access  the  same  range  of  frequencies  under  certain  conditions.  As 
illustrated by the following three examples, stakeholders are increasingly turning to emerging 
sharing  possibilities  to  meet  growing  demands  for  wireless  connectivity.  To  maximise  the 
benefits  of  efficient  spectrum  use,  it  is  necessary  to  support  this  trend,  while  ensuring  that 
there is no deterioration in the quality of services provided. 

3.1.  Wireless broadband 

Wi-Fi  networks  are  the  best  known  examples  of  how  European  citizens  and  businesses 
currently  share  spectrum.  Operating  in  harmonised  bands  for  RLAN11,  wireless  broadband 

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Directive  2009/140/EC,  OJ  L  337,  18.12.2009,  p. 37,  and  Art.  5.1  and  5.2  5th  par.  of  Directive 
2002/20/EC, OJ L 108, 24.4.2002, p. 21, as amended in 2009. 
RSPP Art. 2 and 3. 
RSPP Art. 4.1. 
RSPP Art. 3 (b) and (g). 
In cellular networks (e.g. UMTS, LTE or WiMAX) so-called pico- or femtocells are used for data off-
loading within or outside licensed frequencies, RSPP Art. 6.10. 
RSPP Art. 6.7. 
RSPP Art. 9.1(b). 
Commission  Communication  ‘Strategy  for  the  effective  application  of  the  Charter  of  Fundamental 
Rights by the EU’ COM(2010) 573. 

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infrastructures  based on Wi-Fi technologies already support  affordable and easily accessible 
internet  connections  in  some  Member  States.  This  stimulates  the  development  of  online 
services  to  realise  the  growth  potential  and  development  of  new  and  innovative  business 
solutions in Europe12. 

More than half of all smartphone traffic appears to be routed over Wi-Fi networks, and this 
nomadic traffic is growing 4-6 times faster than mobile traffic. Global sales of Wi-Fi-enabled 
equipment should have reached 3.5 billion units by 201413. Mobile network operators are also 
relying  on  the  same  licence-exempt  RLAN  frequencies  for  data  off-loading  to  increase 
network capacity, improve coverage in buildings and save costs. 

Operators  who  have  exclusive  licences  can  also  increase  efficiencies  in  their  respective 
mobile networks with the common use of frequencies in specific geographical areas. In 2011, 
the  Radio  Spectrum  Policy  Group  (RSPG)  concluded  that  spectrum  sharing  could  promote 
more  efficient  use  of  resources,  provided  that  competition  implications  are  carefully 
considered and that the necessary sharing agreements are allowed in all Member States14. 

Shared use of licensed or licence-exempt wireless broadband frequencies enables cost savings 
for  mobile  network  operators,  affordable  internet  connectivity  and  infrastructure  sharing 
possibilities. 

3.2. 

The wireless-connected society 

Growing wireless connectivity needs emerge not just from wireless broadband but also from 
applications  e.g.  smart  meters/grids  or  machine-to-machine  (M2M)  communications. 
Currently,  about  80 %  of  new  wireless 
the  European 
Telecommunications  Standards  Institute  (ETSI)  are  developed  to  operate  in  licence-exempt 
shared  bands15.  Such  innovations  provide  benefits  in  numerous  ways,  for  example  through 
home automation applications based on wireless sensors that can increase the sustainability of 
the  EU  citizens'  daily  lives  —  e.g.  by  switching  off  lights  when  we  are  not  at  home  or 
regulating air-conditioning systems according to temperature. 

technologies  covered  by 

The  European  Conference  of  Postal  and  Telecommunications  Administrations  (CEPT) 
recently found that e.g. in the harmonised 863-870 MHz licence-exempt band alone, at least 
40 million wireless devices (including remote controls, alarms and sensors) are sold annually 
in  Europe16.  These  so-called  Short  Range  Devices  (SRD)17  also  make  businesses  more 
efficient  by  reducing  costs  and  increasing  productivity,  for  example  with  RFID  systems  in 
logistics and retail applications. 

All  such  Internet  of  Things  (IoT)  applications  operate  in  harmonised  licence-exempt  bands. 
The value of these bands is significant, because they are freely accessible by any device that 

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17 

The 2 400-2 483.5 MHz, 5 150-5 350 MHz, and 5 470-5 725 MHz bands. 
Commission Communication ‘a coherent framework for building trust in the digital single market for e-
commerce and online services’ COM(2011) 942. 
SCF 2012. 
RSPG11-374. 
SCF 2012. 
Draft ECC Report 182. 
Decision 2006/771/EC. 

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complies with relevant spectrum access rules to avoid interference without the need to obtain 
a spectrum licence. 

However, SMEs and innovators, for whom such access is especially important, also have to 
ensure  their  technologies  can  cope  with  the  potential  of  interference  in  shared  bands  where 
protection  rights  are  not  guaranteed  by  a  national  regulatory  authority  (NRA).  Wireless 
innovations are therefore not only enablers for spectrum sharing, but also become drivers for 
more shared use, as demonstrated by emerging sharing arrangements18. 

The trend towards a connected society demonstrates the added value of low spectrum access 
barriers  in  licence-exempt  shared  bands  as  the  breeding  ground  for  wireless  innovation  that 
stimulates the development and deployment of more resilient wireless technologies. 

3.3. 

Research and innovative technologies 

Exploiting  the  full  benefits  of  spectrum  sharing  requires  dedicated  research  into  dynamic 
spectrum  access,  as  supported  by  the  7th  Framework  Programme  (FP7),  with  projects 
addressing  technologies  that  foster  cognitive  radio,  dynamic  spectrum  sharing  and spectrum 
aggregation19. Since the beginning of FP7, about €
 50 million have been invested under each 
two-year work-programme for spectrum-related research. 

These  projects  have  led  to  progressive  advances.  Dynamic  spectrum  sharing  is  already 
included  in  current  standards  for  RLANs  at  5  GHz  to  allow  sharing  with  radars.  Cognitive 
radio technologies offer services in coexistence with TV transmitters, the primary service in 
the  UHF  band,  by  using  location-based  information  to  determine  unused  spectrum  in  and 
between  broadcasting  frequency  bands  (so-called  ‘white  spaces’).  Trials  in  Germany, 
Slovakia and the UK show this approach is nearing practical deployment. 

The Commission is supporting this trend by issuing a standardisation mandate to harmonise 
access to location-based information for these technologies through geo-location databases20. 
To  enable  the  development  and  use  of  such  technologies  in  Europe,  the  mandate  identifies 
areas where standards are needed to foster compliance with EU and national legislation on the 
placing  on  the  market  and  the  use  of  radio  equipment,  in  particular  with  the  R&TTE 
Directive21. 

While focusing on creating economies of scale for first deployments, the importance of using 
‘white spaces’ is not limited to a specific band. More can be done to exploit cognitive radio 
technologies,  for  instance,  by  sensing  other  spectrum  users.  Research  is  also  underway  to 
create  self-organising  networks  that  will  aim  to  minimise  cross-interference  between  small 
cell base stations in future generations of wireless broadband technology. 

Research  has  enabled  access  to  spectrum  to  be  opened  up  on  a  shared  basis  while  ensuring 
that  primary  services  are  protected.  Cognitive  radio  technologies  are  developing  today  with 

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e.g. in the bands 870-876 MHz and 915-921 MHz. 
e.g.  SAPHYRE,  CogEU,  Sacra,  OneFit,  Faramir,  E3,  Socrates,  Walter,  NEWCOM++,  NetWorks, 
Samurai, EUWB, Ucells, CROWN. 
Standardisation mandate to CEN, CENELEC and ETSI for Reconfigurable Radio Systems (RRS). 
Directive 1999/5/EC, OJ L 91, 7.4.1999, p. 10. 

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the  support  of  mandates  for  harmonised  standards  and  trials  in  European  research  projects. 
More progress can be expected in the area of sensing and use of small cell base stations. 

4. 

CHALLENGES ON THE PATH TO MORE SHARED USE OF SPECTRUM 

As  the  examples  in  the  previous  section  demonstrate,  the  radio  spectrum  is  an  extremely 
valuable  and  finite  natural  resource  that  can  be  re-used  more  efficiently  with  advances  in 
technology. In 2011, the RSPG noted the high demand for shared use and found: ‘there is a 
need  to  progress  further  on  appropriate  regulatory  mechanisms  in  regard  to  sharing  of 
spectrum’22. 

The key challenge for NRAs is to find appropriate ways to authorise shared spectrum access 
to  a  band,  i.e.  to  allow  two  or  more  users  to  use  the  same  frequency  range  under  a  defined 
sharing  arrangement.  To  date,  users  sharing  licence-exempt  bands,  such  as  SRDs,  have  no 
rights  to  be  protected  against  harmful  interference,  while  users  sharing  frequencies  on  the 
basis of individual licences may benefit from regulatory guarantees in this regard. To progress 
further, NRAs need to address the following challenges. 

4.1.  Managing harmful interference to remove uncertainty 

Ensuring  co-existence  between  different  applications  in  the  same  range  of  frequencies  is 
essential  for  exploiting  sharing  opportunities.  Applications  should  not  interfere  with  each 
other to the point of degrading their functions seriously. Acceptable levels of interference and 
appropriate  mitigation  strategies  must  be  defined  between  users  or  set  out  in  regulatory 
conditions for shared access to a band. 

Interference mitigation can be achieved through reliable sharing arrangements based on clear, 
effective  sharing  rules  and  conditions  in  a  band,  creating  certainty  for  both  incumbent  and 
prospective users. 

Moreover, transparent assumptions in initial compatibility studies and clear protection rights 
for primary users, including the enforcement of agreed levels  of interference  mitigation, are 
important to increase the predictability and mutual acceptance of sharing arrangements. 

4.2. 

Creating sufficient incentives and safeguards for all interested parties 

Balancing the impact on the incumbent and the usage constraints on any additional user is a 
challenge.  While  incumbents  must  be  reassured  that  additional  users  will  abide  by  sharing 
rules, there may also be costs for the incumbent in ensuring a good quality of service for new 
users, e.g. mitigation technologies or more resilient receivers. 

Sharing  needs  to  offer  advantages  for  all  users.  Incumbent  users,  who  are  either  subject  to 
spectrum pricing or need to deploy improved technologies to enable additional users to have 
access under attractive sharing arrangements, may seek financial compensation.  

22 

RSPG11-392. 

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It will also be necessary to ensure that sharing arrangements between users do not adversely 
affect  competition  (in  compliance  with  the  provisions  of  the  Treaty23),  and  to  take  into 
account  the  impact  of  sharing  possibilities  on  the  design  of  future  spectrum  assignment 
procedures in Member States. 

4.3. 

Capacity of licence-exempt bands 

Since users in licence-exempt bands do not benefit from any regulatory protection regarding 
congestion, it is not clear whether existing shared bands have enough capacity — e.g. can the 
current RLAN bands accommodate the growth of both private broadband access and mobile 
data  traffic  off-loading?  To  objectively  establish  congestion  forecasts  and  improve  the 
reliability  of  sharing  arrangements  in  these  bands  for  all  users,  NRAs  could  benefit  from 
monitoring usage. 

A new generation of RLAN equipment (known as 802.11ac), expected to be on the market by 
the end of 2012, could approach the user speeds of fixed line networks. While depending on 
existing  RLAN  spectrum  at  5  GHz,  such  developments  will  require  very  broad  frequency 
channels that are currently limited in number. 

Given  current  patterns  of  Wi-Fi  usage,  including  by  mobile  operators  for  data  off-loading, 
consideration should also be given as to whether more unlicensed ‘fixed wireless’ spectrum 
should  be  identified  as  part  of  the  search  for  broadband  spectrum  or  as  a  complementary 
common resource. 

Fostering more shared use of spectrum requires: 

Engaging  mutual  responsibility  of  users  over  acceptable  limits  of  interference  and 

- 
appropriate mitigation strategies; 

Providing legal certainty on applicable rules  and conditions, enforcement procedures 

- 
as well as transparency about compatibility assumptions and protection rights; 

Incentivising  investments  in  improved  technologies  beneficial  for  incumbents  and 

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additional users, while safeguarding and fostering competition; 

Identifying  broad  frequency  channels  for  RLAN  development  as  well  as  providing 
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congestion forecasts to increase the predictability and reliability of the most important shared 
bands; 

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Ensuring  that  any  transition  from  exclusive  rights  of  use  to  shared  use  enhances 
competition  from  additional  users  and  in  particular  does  not  create  undue  competitive 
advantages for current or future right-holders. 

23 

As further elaborated in the EU Guidelines on horizontal cooperation agreements, OJ C 11, 14.1.2011, 
p. 1. 

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5. 

TOWARDS A COMMON FRAMEWORK FOR SHARED SPECTRUM ACCESS IN EUROPE 

To the extent that emerging wireless technologies are increasingly able to ‘smartly’ cooperate 
with each other to avoid mutual interference, NRAs need appropriate means to enable suitable 
sharing  arrangements  and  to  foster  the  shared  use  of  spectrum  resources.  The  Commission 
therefore  proposes  to  develop  two  additional  tools  to  provide  more  spectrum  access 
opportunities for innovative technologies and to incentivise greater and more efficient use of 
existing spectrum resources: 

(1) 

(2) 

An  EU  approach  to  identify  beneficial  sharing  opportunities  in  harmonised  or  non-
harmonised bands; and 

Shared  spectrum  access  rights  as  regulatory  tools  to  authorise  licensed  sharing 
possibilities with guaranteed levels of protection against interference. 

5.1. 

Identifying beneficial sharing opportunities 

Across the internal market beneficial sharing opportunities (BSO) can be identified, in both 
licensed  and  licence-exempt  frequency  bands,  wherever  the  combined  net  socio-economic 
benefit of multiple applications sharing a band is greater than the net socio-economic benefit 
of a single application, taking into account additional costs resulting from shared use24. 

Identifying BSOs in a specific band requires transparency about the sharing arrangement that 
would  be  applicable,  in  particular  (i)  the  sharing  conditions,  i.e.  the  technical  parameters 
defined by a NRA that determine the access hierarchy in a shared band25; and (ii) the sharing 
rules, i.e. the common usage provisions that allow sharing, which either could be mandated by 
a  NRA  or  defined  by  users  on  the  basis  of  standards,  common  protocols,  or  sharing 
agreements which comply with competition law26. 

In order to foster wireless innovation and to stimulate the identification of BSOs, stakeholders 
need the possibility to apply to the relevant NRA, based on a transparent process, for the right 
to use spectrum bands on a shared basis. Any such BSO applicant would have to demonstrate 
the capability to share a band without unduly compromising the incumbent’s right to use the 
frequencies. 

To leverage the economies of scale of the internal market to incentivise investments, the EU 
needs  to  define  a  process  for  identifying  BSOs  in  order  to  ensure  a  coherent  and  consistent 
application  across  all  Member  States  when  they  come  to  address  individual  cases.  Applied 
either  in  harmonised  or  non-harmonised  bands,  such  a  process  could  include  the  following 
key elements: 

•  A harmonised timeline; 

24 

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26 

A beneficial sharing opportunity (BSO) can be calculated based on the following formula: net benefit of 
application A < (net benefit of application A+B+C …) -  (cost of sharing). Such assessment could be 
done prior or after refarming a spectrum band. 
i.e. whether users share a band on the basis of a primary-secondary relationship or among equals. 
Either  static  co-existence  rules  for  all  users  of  a  band  or  dynamic  cooperation  rules  which  determine 
spectrum access for one user according to use of the same band by another user, apply. 

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•  An  opportunity  for  negotiation  between  the  applicant  and  the  incumbent,  in  which  the 
NRA would act as a mediator, to clarify the terms of the BSO, including (i) the instruments 
to prevent the deterioration of quality of service and (ii) the distribution of sharing costs (if 
any); 

•  The examination of socio-economic benefits would inter alia need to take into account (i) 
the conditions under which existing assignments were made, including costs incurred, and 
(ii) the legitimate expectations of the incumbent right holders as well as BSO applicants. 
Also relevant are (iii) the dynamic effects that BSOs could have on competition, as well as 
on  investment  incentives  for  incumbents  and  potential  newcomers  respectively,  in  the 
context of convergent technologies; 

•  The means for the NRA to approve a BSO and to ensure greater shared use of spectrum in 
order to achieve the most effective use of spectrum possible, in accordance with applicable 
EU and national law. Where appropriate, and taking into account existing rights, this could 
include the possibility to apply measures such as incentive fees at the level of the identified 
socio-economic opportunity cost; 

•  The provision of information at the EU level on BSO applications and on the outcome of 
the  subsequent  national  processes,  as  well  as  the  possibility  of  assessing  BSOs  in  the 
context of the spectrum inventory and identifying BSOs suitable for application across the 
internal market. 

To the extent that technological advances enable more beneficial sharing opportunities (BSO) 
in the internal market, it is necessary to promote investment and encourage spectrum users to 
make better  use  of  their spectrum  assets  by defining, in close cooperation with the Member 
States, a process and key criteria at EU level to identify BSOs (e.g. in a Recommendation). 

5.2. 

Authorising licensed shared spectrum access  

Once a BSO in a specific band is identified and approved, it can result in a sharing dividend 
of  additional  shared  spectrum  resources,  if  NRAs  have  the  appropriate  tools  to  authorise 
shared spectrum access. Such authorisations should be granted in accordance with applicable 
EU and national law, in particular articles 3, 5, 6, 7, 13 and 14 of the Authorisation Directive27 
and taking into account the existing rights of the incumbent. 

To  facilitate  the  identification  of  BSOs  with  market-based  incentives,  spectrum  sharing 
contracts  could  serve  as  legally-binding  agreements  that  enable  incumbents  and  BSO 
applicants  to  define  their  respective  rights  and  obligations,  i.e.  sharing  technologies  and/or 
costs.  To  facilitate  such  contracts,  NRAs  could  be  entrusted  to  act  as  impartial  technical 
advisers  and  to  register  the  terms  of  such  agreements.  Such  contracts  could  be  necessary  to 
modify existing usage rights on the national level in agreement with the incumbent. 

Incumbent rights holders could benefit from the mutual reassurance of an appropriate sharing 
contract by proposing BSOs, e.g. public entities could offer access to spectrum capacities to 
commercial operators in return for co-funding of network infrastructures for broadband public 
protection and disaster relief (PPDR) applications. 

27 

Directive 2002/20/EC, OJ L 108, 24.4.2002, p. 21, as amended in 2009. 

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If  innovators  can  compare  sharing  opportunities  in  a  competitive  internal  market,  economic 
incentives would encourage proposals for sharing contracts based on innovative technologies 
and foster the co-existence of technology standards. 

Moreover,  enabling  users  to  negotiate  an  appropriate  degree  of  protection  against  harmful 
interference and to conclude sharing contracts would make it possible to find BSOs based on 
actual spectrum usage. This would be an improvement on traditional technical compatibility 
studies based on statistical spectrum sharing models. 

In order to provide the contracting parties with regulatory guarantees to justify the necessary 
investments, NRAs would need to be able to grant shared spectrum access rights (SSAR) 
based  on  sharing  contracts  that  are  legally  binding  to  all  users  of  a  particular  range  of 
frequencies. 

SSARs  could  therefore  become  an  additional  tool  for  NRAs  to  authorise  shared  spectrum 
access in bands where a BSO has been identified and approved, for example, with individual 
licences for the additional users. 

The RSPG recently highlighted that a licensed shared access (LSA) approach would provide 
additional  users  with  spectrum  access  rights  and  guaranteed  quality  of  service.  It  concluded 
that  this  would  allow  ‘incumbents  to  continue  to  use  the  spectrum  while  also  providing 
spectrum capacities to other users’28. 

Spectrum  sharing  contracts  provide  users  with  legal  certainty  while  creating  market-based 
incentives, including financial compensation, to identify more BSOs in the internal market, if 
NRAs grant shared spectrum access rights to additional users of a frequency band. 

6. 

NEXT STEPS 

To foster the development of wireless innovations in the EU, it is necessary to continuously 
improve the opportunities for harmonised spectrum access in both licence-exempt bands and 
licensed spectrum and to establish new tools for more shared use of radio spectrum resources 
in the internal market. The Commission therefore proposes to take the following steps: 

(1) 

Identify BSOs in both licensed and licence-exempt frequency bands by: 

•  Developing,  in  cooperation  with  Member  States,  a  coherent  and  consistent  process  to 
identify BSOs as well as criteria for assessing BSO applications submitted at national level 
in  accordance  with  applicable  EU  and  national  law  and  taking  into  account  the  key 
elements mentioned in section 5.1; 

•  Using data collected through the inventory established by the RSPP; 

•  Enabling the development and deployment of White Space Devices based on harmonised 
standards  for  geo-location  databases  to  be  drawn  up  in  response  to  the  forthcoming 
Commission  Mandate.  The  lower  part  of  the  UHF  band  (in  particular  470-698  MHz) 

28 

RSPG11-392. 

EN 

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should  provide  a  pioneer  sharing  opportunity  paving  the  way  for  use  of  this  approach  in 
other bands. 

(2) 

Consider  making  sufficient  licence-exempt  spectrum,  harmonised  at  EU  level, 
available for wireless innovations by: 

•  Ensuring predictable and reliable sharing arrangements in SRD bands, while applying the 
principles  of  technology  and  service  neutrality,  through  continued  updates  of  Decision 
2006/771/EC; 

•  Studying and measuring the present capacity and potential congestion of the 2.4 and 5 GHz 

bands for data off-loading; 

•  Depending  on  the  outcome  of  technical  sharing  studies  and  of  the  impact  in  the  market, 
considering the designation of additional harmonised licence-exempt spectrum for RLAN 
services (Wi-Fi) at 5 GHz through a revision of Decision 2005/513/EC; 

(3) 

Define,  in  cooperation  with  Member  States,  a  common  path  towards  enabling  more 
sharing possibilities, based on contractual agreements between users by: 

•  Recommending  a  common  format  for  SSAR,  a  common  terminology  for  documenting 
sharing  conditions  and  sharing  rules  and  best  practices  in  shared  access  authorisations  to 
facilitate contracts, including competition aspects; 

•  Organising  a  public  consultation  to  identify  user  needs  and  best  practices  for  sharing 
contracts  as  well  as  possible  standardisation  needs  to  support  the  uptake  of  innovative 
solutions; 

•  Developing guidelines for safeguarding efficient use of spectrum and fostering competition 

based on sharing contracts between users operating in the markets. 

EN 

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