CELEX: 51993PC0652
Language: en
Date: 1994-01-04
Title: Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE ON A POLICY FOR THE MUTUAL RECOGNITION OF LICENCES AND OTHER NATIONAL AUTHORISATIONS FOR THE PROVISION OF SATELLITE NETWORK SERVICES AND/OR SATELLITE COMMUNICATIONS SERVICES

COMMISSION OP THE EUROPEAN COMMUNITIES
                                              C0M(93) 652 f i n a l - COD 482
                                             Brussels,   4 January 1994
                              Proposal for a
                 EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                   ON A POLICY FOR THE MUTUAL RECOGNITION
     OF UCENCES AND OTHER NATIONAL AUTHORISATIONS FOR THE PROVISION OF
    SATELLITE NETWORK SERVICES AND/OR SATELLITE COMMUNICATIONS SERVICES
                      (presented by the Commission)
 ---pagebreak---                                              CONTENTS
                                                                                          Page
A.   SUMMARY                                                                              3
B.   EXPLANATORY MEMORANDUM                                                               5
    1.         Introduction                                                               5
    2.         Approach chosen                                                            6
    3.         Recognition Procedures                                                     7
   4.          Appllcablity of the Directive                                              9
   5.          Outline of the contents                                                  10
   6.          Conclusion                                                               12
    Technical Annex to Explanatory Memorandum
    Background to Technical Issues in Licensing Satellite Services                      13
      T.1          Introduction                                                         13
      T.2          Satellite services: the parameters                                   13
      T.3          The mutual recognition of licences or other national authorisations  15
      T.4          Satellite Earth Station Network characteristics                      15
      T.5          Control and Monitoring functions                                     17
      T.6          Standardisation and Type Approval                                     18
      T.7          Frequency Issues                                                     20
       T.7.1            Frequency coordination                                          20
       T.7.2            Site clearance                                                  20
      T.8          Legal Responsibilities                                               21
      T.9          Space Segment Access                                                 24
C. PROPOSAL FOR A DIRECTIVE BY EUROPEAN PARUAMENT AND COUNCIL
   ON A POUCY FOR THE MUTUAL RECOGNITION OF UCENCES AND OTHER
   NATIONAL AUTHORISATIONS FOR THE PROVISION OF SATELLITE NETWORK
   SERVICES AND/OR SATELUTE COMMUNICATIONS SERVICES.                                   26
D.  FINANCIAL OUTUNE                                                                    64
 ---pagebreak---           SUMMARY
 This proposal aims at establishing a balanced and efficient procedure for the mutual recognition of
 national authorisations issued by Member States for the establishment and operation of satellite
 earth station networks (satellite network services) and/or the provision of satellite communications
 services.
 The proposed Directive implements a measure for 'harmonisation... as far as required to facilitate
 the provision and use of Europe-wide satellite telecommunications services subject, where
 applicable, to conditions necessary for compliance with essential requirements and special or
 exclusive rights     stated as a major goal by the Commission in the Satellite Green Paper, while
 responding the Council request for "... measures on the basis of the appropriate Community
procedures ... for the establishment of a harmonised regulatory framework for the licensing of
satellite networks and satellite services...' as expressed in the Council Resolution of December
 1991.
In its Resolution of 22 July 1993 regarding the Resolution on the Telecommunications Review,
Council "..recognises as key factors in the development of future regulatory policy for
telecommunications in the Community: ... the implementation of the principle of mutual
recognition of national licences and authorisations based on harmonised conditions and with an
interim solution based on one-stop shopping procedures".
Until now, if possible at all, satellite communications service providers and satellite earth station
network operators wanting to provide their services in more than one Member State generally had
to apply for licenses in each Member State in which they wished to operate, not only for the service
or network in general, but often for each individual satellite earth station concerned.
Such time-consuming, parallel applications are not only restricting the provision of Community-
wide satellite services, but it has made the establishment of these services virtually impossible. The
proposed Council Directive is expected to free the provision of satellite services from some of
those time-consuming procedures.
The proposal provides for an operational scheme with efficient licensing procedures to facilitate the
establishment of European satellite services. For that purpose, two mechanisms will be
established: one to cater for licensing under harmonised conditions fully recognised throughout
     Council Resolution of 19th December 1991, OJ No C 8,14.01.92, p.2
 ---pagebreak--- the Community for those categories of satellite services where it proves possible; and another to
cater, through the use of a transitional one-stop shopping regime, for those satellite services for
which full mutual recognition has not been achieved.
It is expected that with the establishment of the appropriate harmonisation conditions for certain
categories of satellite services, the mechanism for applications under the transition regime will be
progressively replaced by the mechanism of harmonisation for a broad line of satellite services.
The effectiveness of this approach will be reviewed in due time, taking account of the degree of
harmonisation achieved.
The proposed Directive is fully in line with the spirit of the proposal for a procedure in the licensing
of telecommunications services in the Community in general2. The proposed Directive will make
use of the same committee - the Community Telecommunications Committee (CTC) - to assist the
Commission in the implementation of the recognition procedure.
The handling of the required frequency coordination and network numbering actions is mainly via
the established national regulatory bodies set up for these purposes, taking due account of work of
the European Committee for Telecommunications Regulatory Affairs (ECTRA) and the European
Radiocommunications Committee (ERC) set up in the context of the recent reform of CEPT.
With regard to access to space segment capacity, the proposal further builds on the discussions
and decisions taking place within the International Satellite Organisations and in particular those
within the EUTELSAT framework.
Although this proposal is an essential step towards the establishment of a Community-wide satellite
communications market whereby users may enjoy satellite services tailored to their needs and
whereby the establishment of satellite services will be greatly facilitated, the full benifits will be
reaped when other Community actions enter into force which aim to liberalise the satellite
communications sector. This refers in particular to " the extension of the principles concerning
competition in the markets for telecommunications terminal equipment and telecommunications
services to aspects of trade and use of the appropriate satellite earth stations..." as called for by
Council in its Resolution of 19 December 1991. The Commission intends to respond to this request
by Council in the near term.
     "Proposal for a Council Directive on the mutual recognition of licences and other national authorisations to
     operate telecommunications services, including the establishment of a Single Community Telecommunications
     Licence and the setting up of a Community Telecommunications Committee (CTC)", COM(92)254,15.07.92
 ---pagebreak---  B.       EXPLANATORY MEMORANDUM
1.        Introduction.
The Commission's 'Green Paper on a common approach in the field of satellite communications in
the European Community", issued in November 1990 , laid the foundation for a coherent policy at
Community level in the field of satellite communications. Following an extensive consultation
period, which started immediately after the release of the Satellite Green paper, the Commission
hereby submits a draft legal text which implements one of the said goals under support of Member
States via the Council Resolution on Satellite Communications of December 1991.
The first measure the Commission proposed in the satellite communications field was a proposal
for a Council Directive concerning mutual recognition of type-approval of satellite earth station
equipment. On the basis of the Commission proposal, Council adopted a Common Position0 in
July 1993. The Council Directive foresees the mutual recognition of type-approval procedures for
satellite earth station equipment by the introduction of Common Technical Regulations, based on
harmonised standards, as the basis for unified type-approval procedures in the Community. These
procedures are an important precursor to the Community licensing regime, proposed in this
Directive.
Satellite services - be it the establishment and operation of a satellite earth station network or the
provision of a satellite communications service - in line with general principles of Community law,
as expressed in Directive 90/388/EEC on Competition in the Markets for Telecommunications
Services , may be subject to licensing to licensing or declaration procedures by Member States
necessary to warrant compliance with essential requirements or special and exclusive rights
    "Towards Europe-wide systems and services: Green Paper on a Common Approach in the field of Satellite
    Communications in the European Community", COM(90)490final,22.11.90
    "Council Resolution on a the development of the Common Market for satellite communications services and
    equipment", OJ No C 8,14.1.92, p.l
    "Proposal for a Council Resolution on the approximation of the laws of the Member States concerning
    satellite earth station equipment, extending the scope of Directive 91/263/EEC", COM(92)451finalSYN 444,
    10.12.92
    "Council Directive supplementing Directive 91/263/EEC in respect of satellite earth station equipment",
    Common Position of 22 July 1993.
    OJ No L 192,24.07.90, p.10
 ---pagebreak--- compatible with Community law. These procedures must be based on objective criteria and in
proportion to their objective.
Generally, at the moment, if satellite earth station network operators or satellite communications
service providers want to provide their services in more than one Member State, they must apply
for licenses in each Member State in which they wish to operate, not only for the service and/or
network in general, but often for each individual satellite earth station concerned.
Such time-consuming, parallel applications are not only restricting the provision of Community-
wide satellite services, but it has made the establishment of these services virtually impossible. The
resulting division in twelve restricted national markets, currently mostly under monopoly control of
the national Telecommunications Operators, is clearly contradicting one of the principal aims of the
establishment of an internal market for satellite services and equipment.
This proposal now caters for an implementation of the mutual recognition procedure for licences
for satellite services.
2.        Approach chosen.
The proposed Directive aims at establishing balanced and efficient procedures for mutual
recognition of licences and other authorisations for the provision of satellite services, both satellite
network services (the establishment and operation of satellite earth station networks) and satellite
communications services.
It provides that satellite network operators and satellite service providers, authorised and
supervised by the competent authorities of any Member State may also establish and operate the
satellite earth station networks and/or provide satellite communications services in all other
Member States through the harmonisation of licensing conditions for certain satellite service
categories, wherever possible.
The procedures have been drafted taking into account the specific situation in the
telecommunications sector in general, and the satellite communications sector in particular.
Mutual recognition of licences implies that a level of protection of the harmonised essential
requirements is obtained which will be practicable and valid in every Member State. To that effect,
relevant essential requirements will be specified in the applicable Directives of the Community, in
particular through the submitted Proposal for a Council Directive8 on approximation of the laws of
the Member States concerning satellite earth station equipment, extending the scope of Council
8
     COM(92)451 of 10.12.92, resulted in Common Position, see footnote 5.
 ---pagebreak--- Directive 91/263/EEC. Also of importance in this respect are the Council Directive on the
application of Open Network Provision to leased lines , and other ONP Directives - inter alia, the
ONP Voice Telephony Directive.
Since harmonisation at Community-level of these essential requirements is still not fully achieved, a
Member State might deem it necessary to impose conditions on the provision of satellite network
services and/or on the provision of satellite communications services, which differ from those
imposed by other Member States, to warrant compliance with the essential requirements.
In some instances, Member States have already introduced concepts which facilitate the
application procedures for satellite services by allowing requests for satellite services licenses of
other Member States to be cleared through national regulatory authorities via a joint single point of
contact.
Also, the countries of the CEPT (European Conference of Postal and Telecommunications
Administrations )       are analysing the feasibility of harmonisation of conditions for certain
telecommunication services. This work is useful and will facilitate future licensing of Europe-wide
services.
In order to avoid additional complex procedures and to ensure a pragmatic approach, the proposal
thus foresees that the expertise of the European Committee for Telecommunications Regulatory
Affairs (ECTRA) and the European Radiocommunications Committee (ERC), recently set up in the
CEPT framework, are fully taken advantage of in the proposed approach.
In this way, the directive is also brought in line with the Council Resolution of 22 July 1993 in which
the Council "recognises as key factors in the development of future regulatory policy for
telecommunications in the Community:... the implementation of the principle of mutual recognition
of national licenses and authorisations based on harmonised conditions and with an interim
solution based on a one-stop-shopping procedure".
3.       Recognition procedures.
A. Mutual recognition on the basis of harmonised conditions.
The proposal builds on the principle that mutual recognition is granted in a procedure on the basis
of harmonisation of the national conditions for the authorisation of satellite services by service
9
     OJNoC58,1991,p.lO
10
     Composed of 35 members, including all Community Member States (state of 1.8.93).
 ---pagebreak---                                                                                                         8
  categories. It also provides for the possibility of mutual recognition for categories of services
  without harmonisation where full harmonisation does not seem required. The directive establishes
  an efficient procedure for the harmonisation of conditions for authorisation which allows to take
  advantage of the expertise of ECTRA and ERC.
  A two-step approach is being proposed in this Directive for the determination of harmonised
  licensing conditions of satellite services.
  As a first step, ECTRA may be mandated by the Commission to elaborate the technical basis for
  harmonised licensing conditions, based on the expertise of ECTRA and ERC, in the wider
  European context, and as such appropriate to satellite communications. The technical basis could
  include matters such as arrangements for the coordination of frequencies or for site approval,
 verification of space segment access arrangements, issuying of network numbering schemes,
  practical arrangements which facilitate contacts with prospective licenced satellite network
 operators in case of an emergency, practical adherence to specific national conditions in
 conformance with Community law, etc.
 As a second step, the Commission will test the provided technical basis against Community law
 and Community policies, in particular telecommunications policy; after which common licensing
 conditions will be adopted, in accordance with the responsibilities conferred on the Commission by
the Directive. Should the technical basis not be delivered in time, or not be in accordance with
 Community law, the Commission will adopt common licensing conditions on a technical basis
 proposed by the Commission itself, and in accordance with the foreseen Committee procedure.
The precise modalities for cooperation between the Commission and ECTRA (CEPT) are intended
to be agreed upon In a Memorandum of Understanding. The MoU wOl, inter alia, stipulate the
specific arrangements with regard to work contracted out by the Commission to ECTRA (or ETO).
 In this regard the role of ECTRA is to provide the necessary technical expertise for the completion
of the contracted work, in accordance with a framework contract that will be concluded between
the Commission and ECTRA under cover of the MoU.
B. Transition regime
As the mutual recognition of national authorizations for the provision of satellite communications
services under this procedure will now normally require the prior harmonization of licensing
conditions, a transitional "one-stop shopping" regime is introduced for those categories for which
such harmonisation is still not achieved. This transition regime is explicitly foreseen to limit delays
in the creation of a pan-European market for satellite communications services.
 ---pagebreak---   Under the transition regime, a mechanism is established for the coordination of national
 authorisation procedures aiming at facilitating the application for, and granting of, existing national
 authorisations in cases where authorisations are not mutually recognized prior to harmonization. It
  includes the possibility for the Commission to entrust the technical administration of the one-stop-
 shopping procedure to ECTRA or to recognize other arrangements, such as Memoranda of
 Understanding between regulatory authorities, for the technical administration of this procedure.
 C. Review
 The proposal provides for a review of the procedural arrangements and in particular of its
 institutional framework on the basis of the experience.
 D. Information requirement
The directive establishes clear requirements to provide information concerning the procedures
 including the transmission of an annual report by the CTC and the Member States in order to
 increase the transparency of the application of the procedures set out in this directive.
4.         Applicability of the Directive.
The Community, in implementing this Directive, must also work towards opening of third country
markets to allow extensions of the satellite services to and from those markets. With this goal In
mind, the approach must take the current situation into account in which a considerable number of
countries have their markets firmly closed for foreign owned service providers.
Therefore the rights dereived from this Directive shall apply only to undertakings which are owned
and are continued to be owned through a three fourths majority ownership by Member States
and/or nationals of Member States and which have its principal business and, if any, its registered
office in a Member State.
These applicability provisions will remain to be applied until satisfactory completion of bilateral or
multilateral agreements which allow a more balanced development, or until the developments of
the satellite sector requires a review of these provisions in Cound.
 ---pagebreak---                                                                                                           10
 5.        Outline of the Contents.
 Underlying the proposed Directive is the aim to create simplified regulatory authorisation
 procedures which facilitate better the provision of Community-wide satellite services while
 respecting, in particular, concerns of Member States related to compliance with essential
 requirements and special or exclusive rights which are granted in conformity with Community law,
 as well as concerns regarding compliance with national laws and international obligations
 concerning frequency and site coordination.
 The proposed Directive foresees that Commission and Member States share the workload and
 related responsabilises in the implemenation of the Directive.          The elaboration of harmonised
 conditions for satellite service licences is expected to be largely done at the level of the Member
 States, under a Commission mandate to the CEPT. Also the technical arrangements within the
 context of the one-stop shopping concept are expected to be dealt with by the Member States,
 possibly within the CEPT framework. The Commission further retains the responsability to verify
that the elaborated harmonised conditions are compatible with Community law and the
Commission will subsequently adopt the related common licensing conditions with assistance of
an advisory Committee, composed of Member States' representatives.
Leaving the arrangements for the elaboration of harmonised conditions to the Member States
would entail multiple, bilateral agreements without assurances that coherent, harmonised
conditions for satellite services would be implemented in parallel in all Member States. This would
substantially delay, if not inhibit, the development of satellite services which are, by virtue of the
technology, international in character.
The proposed Directive lays down the framework for the timely establishment of the harmonised
licensing conditions, without entering into detail, or prescribing these conditions as this will be left,
in first instance, to the Member States.
Article 1 establishes the overall objective of the Directive i.e. to provide a procedure to allow for the
Community-wide provision of satellite services.
Article 2 defines the terms used.
Article 3 specifies the scope of the Directive i.e. which services will be concerned by the
procedures established.
Article 4 ensures the right to provide satellite services.
Article 5 sets out the effects of the mutual recognition arrangements.
 ---pagebreak---                                                                                                    11
Article 6 calls for the establishment of procedures for the establishment of the harmonisation
conditions for satellite service licences.
Article 7 provides for the mutual recognition for those services for which no harmonisation is
required.
Article 8 covers the granting of mutual recognition for certain satellite services.
Article 9 requires the Commission to publish the mutually recognised satellite service categories.
Article 10 concerns the scope of the transition regime.
Article 11 settles the technical administration of the transition regime.
Article 12 describes the conditions to which the transition regime has to comply.
Articles 13 to 17 sets out procedures for the necessary frequency and site coordination.
Article 18 provides for the harmonisation of frequency bands for satellite communications services
and satellite network services in consultation with ERC.
Article 19 makes provision for a procedure for the allocation and registration of numbers,
addresses or names.
Article 20 to 21 contain provisions on arrangements for access to space segment.
Article 22 makes provisions for the implementation, modification and withdrawal of authorisations.
Article 23 to 24 concern the appeal mechanism.
Article 25 to 26 concern the Committee procedures.
Article 27 seeks to ensure comparable treatment of nationals of the Member States in non-
Community countries.
Article 28 provide Member States the possiblity to intervene in interconnection agreements.
Article 29 describes the arrangements for contingencies in case of faulty transmissions and
interference into other communication networks.
Article 30 concerns the provision of fees under the proposed regime.
Article 31 to 34 set out procedural provisions regarding fees, confidentiality covered by the
obligation of professional secrecy, the establishment of procedures regarding emergency or
 ---pagebreak---                                                                                                    12
 special satellite services, and the notification of national regimes and conditions by the Member
 States.
Article 35 to 37 contain standard clauses concerning the annual reporting procedure, the revision
of the Directive, and the implementation of the Directive by the Member States.
6.       Conclusion.
The draft Directive aims at facilitating substantially the provision of satellite services in the
Community. It takes full account of the positions adopted by Council in its Resolutions of 19
December 1991 on Satellite Communications, and of 22 July 1993 on the Review of the situation in
the Telecommunications Sector.
The proposal for a Directive is an important step in the development of the satellite
communications sector which should substantially increase the economic activities in that sector
and bring the resulting benefits to the users of satellite services.
The European Pariiament and Council are therefore requested to adopt the attached proposal for a
Directive.
 ---pagebreak---                                                                                                          13
 TECHNICAL ANNEX TO THE EXPLANATORY MEMORANDUM
 Background to Technical Issues in Licensing of Satellite Services.
 T. 1.      Introduction.
 Satellite earth station networks consist of one or several earth stations (up to several thousands)
 which interwork via a satellite system and which are controlled by means of a centralised control
 and monitoring facility. This does not mean that the functions of the facility are always central to the
 network (e.g. for the socalled "hub-stations" in VSAT networks) but that they are centralised at
 system level. The remote earth stations can be dispersed across various nations and even across
various continents.
 Current practice for the licensing of satellite earth station networks is the issuing of individual
licences for each earth station of the network unless the network consists of receive-only terminals,
 in which case a class licence is given or no licence is required.
 In addition, the licences for the network (including those for the remote stations) and the actual
services over the network are in some countries considered under a single licence while others
argue for separated licences.
Within the Community now. it seems sensible to have an arrangement for the licensing of satellite
services which offers the possibility to separate the satellite earth station network operator from the
satellite communications service provider. The network operator is by no means always the
communications service operator and the licensing arrangements for networks and services are of
quite a different type and nature. Nevertheless, a joint licence for both services shall also remain to
be part of the possibilities, in line with current practice.
T.2.      Satellite services: the parameters.
in order to analyse the situation, possible network configurations and technology issues as well as
service characteristics need to be detailed. Ideally, technical parameters, taken into account in the
licensing process, should be kept at a minimum and in a way that does not invite by-pass of the
licence through the use of newer technologies.
The following list provides an overview of issues which are of varying importance in this respect.
Network characteristics                               topology of the network
                                                      size of the network
 ---pagebreak---                                                                                                        14
 Control and monitoring functions                     centralised control, local control
 Type approval issues                                 technical specifications and standards
                                                      type approval of terminals
 Frequency issues                                    frequency bands
                                                     frequency coordination
                                                      site clearance
 Legal responsibilities                              space segment operator
                                                     earth stations operators
                                                     service provider
                                                     customer
                                                     installation and maintenance organizations
 Service issues                                      regulatory safeguards
                                                     scope of services
                                                     telecommunications vs. audio-visual
 Space segment access                                satellite system used
                                                     operational agreements
                                                     harmonization need and feasibility
 Connection to other networks                        to the public network
                                                     to other authorised networks
The satellite earth station network licence is not intended to cover the area of commercial contract
 between the licence applicant and e.g. a equipment provider or the satellite capacity provider.
 However, the interactions between those entities might have to be considered and assurances
 have to be given that space segment is available, in view of effective use of orbital and related
frequency resources.
Also, the licence does not assign frequencies for the service intended. Once a satellite system is
notified to the International Frequency Registration Board (IFRB) of the International
Telecommunications Union (ITU), and after the appropriate coordination of the system's frequency
plan with other satellite operators, the satellite operator sells or leases capacity within the agreed
and coordinated technical framework.
This would then mean that, in principle, the frequencies are available as they are coordinated with
the introduction of the satellite system, however some terrestrial frequency coordination between
individual earth station (and possibly some other terrestrial services) might remain necessary. It
should not be forgotten however, that national use of frequencies might differ from the tables
 ---pagebreak---                                                                                                         15
 agreed under the ITU fora, as long as other countries are not affected. In such cases, frequency
 and site coordination becomes very difficult and jointly declared exclusive use of bands for certain
 applications would facilitate the use of the bands with a minimum of coordination procedures.
 T. 3      The mutual recognition of licences or other national authorisations.
 In providing a satellite network and communications services under a Community scheme, the
 main points to be solved are:
          a. Harmonization and/or mutual recognition of national licences or authorisations;
          b. Scope of this process;
          c. Control and legal intervention of the National Regulatory Authorities;
Certain regulatory questions need to be solved, some of which concern aspects existing in every
country (and therefore, in principle, relatively easy to harmonise), while some issues only exist on a
per country basis, though part of the same network. For example, the hub station is in one country,
the remote satellite stations in others, while in some countries frequency coordination and site
clearance might need to take place (not allocation of frequencies), in other the remotes are
connected to the public network, etc., etc. The currently proposed licensing regime shall be
sufficiently flexible to cater for these issues to be solved with a minimum of administrative burdens,
while taking account of individual requirements of Member States.
7.4.     Satellite Earth Station Network Characteristics.
A group of satellite earth stations can be considered as a network as soon as a set of networking
functions, centralized or distributed, are common to this group of stations and are operated under
the responsibility of a single operator known as "the satellite earth station network operator".
Those networking functions can include, for example, Closed User Group (CUG) management
functions, tariffing and billing functions, and control and monitoring functions.
The general term "satellite earth stations" covers very different categories of stations. In general, a
major division of satellite earth stations concerns "autonomous" stations and "remote" stations.
The "autonomous" satellite earth stations concern infrastructure stations (e.g. INTELSAT-A and B,
EUTELSAT-A), the central monitoring and control stations for VSAT and mobile networks, satellite
news gathering stations, and certain types of larger business stations (e.g. INTELSAT-IBS,
 ---pagebreak---                                                                                                            16
 EUTELSAT-SMS). These stations require permanent presence of qualified personnel, at least for
the duration of any transmission, and access space segment directly under the supervisory control
of a satellite operations centre.
 However, "reroote" stations access space segment under the control and monitoring capability of
another satellite earth station, called a network control station. These "remote" stations are usually
 not manned with qualified professional operations staff and are located directly at customer's
 premises. Examples are the various mobile satellite stations (Inmarsat-A, B, C, M, EuteTTracs,
 Prodat) as well as the Very Small Aperture Terminals (VSAT's) of various sizes and applications.
 Per definition, all receive-only stations (for TV as well as data) fall in this category as well as mobile
 handheld satellite terminals.
The network can consist of a single station (e.g. a satellite news gathering unit) controlled via a
satellite operations centre and transmitting to one other station, or have [a] star or meshed
configuration[s], but could also be mixes of star network via shared traffic hubs, various
combinations of mobile and fixed networks etc. The existing national licensing regimes do not
seem to put any conditions on the configuration of the network and it would certainly not be
desirable to do so in the future as any such measures will come up against technology
developments which will immediately go beyond any artificial boundaries.
Also, the traffic can be one-way, two-way, one-way with terrestrial returns, point-to-point, point-to-
multipoint etc.
Currently, receive-only earth stations not connected to the public networks can be freely marketed,
installed, maintained and operated, either under a class licensing scheme (or without any licence)
as per Commission Directive 88/301 /EEC.
Transmit/receive satellite earth stations deserve more attention, as they can induce harmful
interferences, if not properly specified, installed or operated. As such, licensing is a requirement in
order to try and avoid interference problems and have some guarantees of effective use of the
orbit.
The size of the network can be quantified by, for example, the number of stations, the bit rate on
the links, the diameter of the antennas. In most cases the dimensioning of the network itself should
not raise any regulatory issues.
The Commission's Green Paper on Satellite Communications acknowledges though, that very
large satellite communications systems, even when not connected to the public network, may
obstruct the operation of services of general economic interest, in which case regulatory
safeguards might apply. However the relation between the size of the satellite network and the
 ---pagebreak---                                                                                                            17
 "harm" caused to those activities of general economic interest may vary substantially from one
 country to another, depending e.g. on the state of development of the public infrastructure.
 Given the current, very low, percentage of satellite usage in Europe, combined with the developed
 state of most countries' terrestrial networks, it would seem that the size of satellite earth station
 network should not be part of the regulatory considerations.
 T. 5.     Control and Monitoring Functions.
 In existing satellite network architectures, networking functions include control and monitoring
functions. Whether the traffic topology is a star configuration or a meshed configuration, the
 control and monitoring functions are generally centralised within the control and monitoring
station. In the star configuration, this central control and monitoring station coincides usually with
the traffic hub point.
The remote stations are those stations which can only transmit and access the space segment
capacity when authorized to do so by the control and monitoring functions of a centralised network
facility which is not part of the satellite operations centre.
The objective of the control and monitoring functions is to ensure a safe operation of the network.
They allow identification and shut down (when necessary) of any remote earth station in one of the
following situations:
       the remote earth station is in a failure status such that either the station is causing interference
       to other radio stations or there is a high probability that the station might cause interference
       to other radio stations;
       the remote earth station is in a failure status such that the control and monitoring functions
       are disabled.
The remote earth stations defined above are mostly designed to be inexpensive, easy to operate
earth stations which might be unattended.
Satellite earth stations which are not remotely and automatically controlled by centralised control
and monitoring functions should be attended 24 hours a day by qualified staff (or at least whenever
they are transmitting) in order to be able to respond to instructions from a satellite operations
centre. The main duties are to check that the transmitting parameters are maintained, and to take
steps in the event of breakdown or in the case of causing interference. This not only applies to
large infrastructure satellite earth stations (e.g. INTELSAT Standard A earth stations) but also to
 ---pagebreak---                                                                                                        18
 private satellite earth stations (e.g. INTELSAT Standard E1 earth stations), satellite news gathering
earth stations, and to the VSAT control and monitoring stations themselves.
As a general rule, the implementation within the networking functions of a minimum set of control
and monitoring functions, answers two main concerns:
       It provides some form of guarantee that the operator has the appropriate tools to operate his
       network in the appropriate way (although it does not guarantee that the network is operated
       in that way)
       The introduction of a new, additional remote earth station and its subsequent operation can
       be undertaken under the control and responsibility of the satellite network operator. Thus, this
       should require very limited regulatory intervention (if any). This would give greatflexibilityto
       the licencee for any further extension of the network.
7.6.      Standardisation and Type Approval.
The International Satellite Organisations (ISO's) were set up (at inception) to provide satellite space
segment capacity for use by a                number of network operators        (the national Public
Telecommunications network Operators) in order to meet the satellite communications
requirements of the users. In order to fulfil their mission, the ISO's had to develop detailed
specifications. For historical reasons, those specifications cover mainly the traditional large
infrastructure earth stations (INTELSAT-A, B etc., EUTELSAT-A, etc.) although the newer and
smaller stations are covered nowadays as well (e.g. Inmarsat-C and the new INTELSAT types).
Those specifications are well established references but can not be defined as "standards" in the
true sense of the word. They are specifications to ensure interoperability within the confines of the
technical systems those organisations have established. They were developed to guarantee:
      the interoperability of the earth stations and the space segment,
      the good cohabitation of users of the Organization's space capacity,
      compliance with the characteristics of the network as a total which were established on the
      basis of satellite network coordinations, and published by the IFRB.
These specifications themselves can be compliant with certain standards, like the ones developed
by ETSI. These ETSI standards in the satellite earth station domain are technical envelopes,
developed to allow the presence of several, different, systems to interwork within a certain defined
 ---pagebreak---                                                                                                       19
spectrum. These standards, however, do not provide any guarantees for proper functioning of
satellite earth stations within a system.
It is therefore important to distinguish clearly between specifications and standards.
In general, the Satellite Earth Station Technical Committee (TC-SES) in ETSI has decided to rely to
the maximum possible extent on the work already carried out in other fora concerning
specifications/standards of earth stations.
The ETSI TC-SES Committee is currently drafting standards that cover:
          Receive Only TV Earth Stations in FSS 10/11 /12 GHz band (outdoor unit only),
          Data Receive Only Earth Stations in FSS 10/11 /12 GHz band,
          Two-way VSAT Earth Stations in FSS 12/14 GHz band,
          Low data-rate mobile satellite earth stations in the 1.4/1.6 GHz-band,
          Low data-rate mobile satellite earth stations in the 12-14 GHz-band,
          Satellite News gathering stations,
          Interconnection of satellite earth stations to the PSTN and PSDN,
          Monitoring and control functions of satellite VSAT networks.
Some additional ETSI standards are in preparation, like:
          Receive Only Earth Stations in BSS bands,
          VSAT Earth Stations in FSS 6/4 GHz band;
          Connection of satellite networks to the ISDN.
Currently, no standard is developed by ETSI for the "large infrastructure earth stations", as they are
unique stations, and their specifications depend very much on the characteristics of the space
segment. They are tested and approved by the space segment operator, jointly with the station
operator, before they can be introduced in the network and, because of their uniqueness, do not
normally qualify for type-approval.
 ---pagebreak---                                                                                                       20
 7.7.      Frequency Issues.
 T. 7.1.     Frequency coordination
 The most interesting features of satellite networks are often said to be their flexibility and
 reconfigurability. This supposes that no coordination is needed before the installation and bringing
 into service of a station.
 In most frequency bands, coordination of the Fixed Satellite Service with, as a minimum, the Fixed
 Service is required. This process can be a lengthy one. For instance, for the coordination of a
 satellite earth station in a shared Ku-band, the diameter of the coordination area ranges from 100
 km to 500 km, and has a good chance to cover more than a single country, certainly in Europe.
 The lead time for the examination of the coordination data is four months, and this is to be
 multiplied by the number of satellite earth stations to be coordinated.
 As this coordination process has been one of the obstacles in Europe for the establishment of
 satellite networks, the use of exclusive bands deserves preference. Some parts of the 14/12 GHz
and 30/20 GHz frequency bands seem suitable for future exlusive use by VSAT satellite systems, if
agreement can be reached by all administrations concerned. Therefore, future use of virtually
 exclusive frequency bands for certain satellite services shall be investigated as a priority in the
Community.
It should be made clear to satellite network operators that the use of shared bands introduces
additional delays and constraints due to coordination procedures, and that these delays are
beyond the control of individual regulatory authorities.
Downlinks could possibly be authorized in any band as the coordination issues are less stringent.
However, downlinks in shared bands could not be granted any protection if their use is not
coordinated.
7.7.2.     Site clearance.
A number of regulatory bodies have introduced the need for "site clearance" around a number of
very sensitive areas, such as airports or National/International Defence Installations as well as
around national monuments and historical sites. The objective of this process is mostly to
guarantee that the radio services which are of vital necessity to those sites are not unduly affected
(usually militairy/government installations, sometimes airports - aviation safety - ).
In the United Kingdom, the detailed procedures and the points of contact for site clearance around
airports are given in a "Code of Practice".
 ---pagebreak---                                                                                                     21
Studies are currently under way (in F, UK) to analyse more precisely the immunity of systems to be
protected, and see how site clearance procedures should be adapted in the future.
If the number of satellite earth stations grows as forecast in some market studies, the regulatory
bodies might face two sorts of difficulties:
       on the one hand, the site clearance activity might become a real burden, and It might be
       necessary to adopt accelerated procedures in some determined cases, e.g. when the uplink
       is using exclusive bands, or when some parameters fall below predefined thresholds.
       on the other hand, the potential for interference will increase with the growing number of
       stations: thus it might be necessary to strengthen the site clearance rules and constraints.
Site clearance is most often a local necessity. It is not clear whether it is necessary to harmonise
those procedures. It might be necessary to harmonise the criteria for site clearance. In any case,
the diversity should not create any technical or economic impediment to the development of
satellite networks.
T.8.      Legal Responsibilities.
When considering the provision of satellite services, a number of different entities play important
but distinctly different roles in this provision. One essential element is to determine what are the
responsibilities of each of those entities, and who should be the holder(s) of the licence(s).
The main responsibilities are:
*     conformance to essential requirements:
              security of persons,
              no pollution of the radio frequency spectrum,
              data protection;
*     conformance to special or exclusive rights on public voice telephony (if applicable) ;
*     conformance to regulatory safeguards for public data communications services (if
      applicable);
*     conformance to other supplementary conditions established at Community level, like
      ownership rules, conformance to use of European numbering schemes etc.
 ---pagebreak---                                                                                                      22
 In determining the entity which should be the holder of the licence, the responsibilities of each of
the entities is of importance.
The contractual relations between all those entities might be quite complex. Nevertheless, it will be
 necessary-to provide the licences to those entities that have been identified among others as
 having the tools and means to be compliant with the licensing requirements within each of the
 Member States.
The satellite operator usually establishes and operates space segment capacity. He is responsible,
through his administration, in respect of the ITU agreed orbit and frequency use, for any
interference to any other satellite network or any other radiocommunication network, caused by
the satellite system he operates.
To ensure that the earth segment (the entire complex of all earth stations) is properly operated in
accordance with the requirements of his space segment, the satellite operator describes the terms
and conditions under which a satellite network operator can have access to the satellite system.
Those terms and conditions also ensure compliance with the terms and conditions negotiated for
the coordination of the satellite system as a whole under the ITU coordination process.
The applicable terms and conditions are usually laid down in documents which define the
characteristics of the satellite earth stations, the test procedures before a station is brought into
service, and the operational procedures for operations (normal operations, in case of failure,
reconfiguration of the network, etc).
Currently, within each country, the international satellite organisations (INTELSAT, EUTELSAT,
INMARSAT) are always represented by the national TO's as Signatories to the organisations. The
national satellite systems are mostly operated by the national TO's as well, while private systems
have different representatives.
Main trunking or TV uplink satellite earth stations usually transmit without any automatic or remote
control and/or authorisation. The automatic control and monitoring functions are very limited as
they do not apply to these stations. The bringing into operations of these stations is assured
manually, by qualified personnel, in coordination with the space segment control centres (like the
INTELSAT Operations Centre).
The operator must ensure that these stations cause no interference to other users of the radio
spectrum. As the monitoring actions are manual, the station requires 24 hours-a-day attendance of
qualified staff.
 ---pagebreak---                                                                                                       23
All procedures for actions in case of a failure have been defined by the satellite operator. The
satellite operator must normally be able to reach a predefined earth station control point-of-contact
to handle emergency and contingency situations.
Satellite news gathering terminals also fall under this category of stations.
Among operators of main stations, we can distinguish a special category of stations, namely the
operators of network control stations of satellite earth station networks. These network control
stations have the responsibility to control the whole of a satellite terminal network (either of the
VSAT type or of the mobile type), either in a centralised way through a single station, or in a
distributed way accross various stations.
The network control earth station(s) contain(s) all the hardware and software dealing with
networking functions such as addressing of the remote terminals, management of the network
databases, control and monitoring of the different components of the network.
In some configurations, part of the networking functions might be left to the customer, under the
final control of the satellit network operator.
The satellite network operator therefore has a leading role and responsibility in the operation of the
network. However, although he operates the network control station (s), he is not necessarily
responsible for all operational functions of the remote earth stations of the network although the
network's central monitoring and control functions would fall under his responsibility.
It is possible that the hub operator controls and monitors more than one network under a "shared
hub" concept.
Remote earth stations can be unattended. They can be owned by the customer, by the satellite
network operator, or by the satellite service provider. As they are remotely and automatically
controlled, they may probably be considered as "terminals" as part of the satellite network (not as
part of the public infrastructure network), with the only constraint that they have to be type
approved (and possibly frequency coordinated).
The satellite service provider might be a third party company and, although possible, does not
necessarily have to be the same entity as the satellite earth station operators. The service provider
will be responsible for the compliance to "service issues" such as special or exclusive rights.
It seems difficult to define the role of the end-user. Although the end-user clearly uses the service
for his telecommunications requirements, and as such might not need to be placed under any
regulatory control, the user of the network might wish to operate the network himself - in that case
he should be qualified as a network operator and service provider at the same time.
 ---pagebreak---                                                                                                       24
  However, if the user does not have the expertise available within his organisation, he might prefer
 to sub-contract this activity to a more qualified and experienced operator, even if he still owns the
 equipment (e.g. for economic reasons).
 Possible connections of the remote earth stations to the public network will often take place at the
 user's premises.
 T.9.     Space Segment Access.
 The space segment used for the provision of satellite services can be either provided by one of the
 International Satellite Organisations (ISO's) or by a "separate" satellite system this being either
 space segment of a national satellite systems or of private satellite systems.
 Within the ISO's it is customary to rely on the satellite operator for the specification of the
 operational conditions to access the space segment. For the separate satellite systems a similar
arrangement is foreseen. These arrangements are a sensible means of protection against
 interference and operational problems and as such should be considered as an essential element
in a licensing scheme. In that case, the satellite network operator should be asked to use a satellite
system with proven operational procedures and conclude an operating agreement with such a
space segment operator.
The items gathered in such an "operating agreement" and concluded between the satellite network
operator and the satellite system operator, would contain the technical conditions to access the
space segment such as:
       specifications of the stations;
       test results and a "conformance certificate";
       procedures to access the space segment;
       procedures during operations (e.g. in case of failure, interference resolution, change of
       parameters).
It should also indicate how responsibilities are shared between the satellite system operator and
the satellite network operator.
In the case of a satellite earth station network, the operating agreement could be "network oriented"
so as to exempt remote earth stations from being individually covered by such an agreement.
Any operating agreement between a satellite sysem operator and a satellite network operator
should be under regulatory control by the regulatory bodies, firstly, to verify that all necessary
 ---pagebreak---                                                                                                    25
technical precautions are covered by the agreement, secondly, that the satellite operator does not
introduce any unnecessary discriminatory conditions through this agreement process. Therefore,
each applicant for a satellite earth station network licence will be asked to produce a specimen of
his "operating agreement".
As concerns the discussions in the International Satellite Organisations INTELSAT, Inmarsat and
EUTELSAT on improvements to the access conditions to the space segment capacity of their
respective intergovernmental satellite systems, this proposal builds on the progress of these
discussions and in particular the recent decision by the EUTELSAT Assembly of Parties to propose
the Member States options for improved and broadened access either through the installation of a
national Signatory Affairs Office and/or through the socalled multiple access option in which
access to the capacity can also be sought via Signatories other than the national one. The
proposal foresees that both options shall be implemented and recognised.
Of course, a Common Position should be build on in order to ensure fair treatment across the
Community. This proposal takes full account of these developments.
 ---pagebreak---                                                                                      26
                                      CONTENTS
CHAPTER I.        Scope and definitions
      Article 1  Objective
      Article 2   Definitions
      Article 3   Scope
CHAPTER II.      Mutual Recognition of National Authorisations
      Article 4  Right to provide services
      Article 5  Effects of recognition
CHAPTER III.     Mutual recognition according to Common Licensing Regimes and
                 procedures for harmonisation
      Article 6  Harmonisation of conditions for authorisation
      Article 7  Mutual recognition of national authorisations without need for prior
                 harmonisation
      Article 8  Mutual Recognition
      Article 9  Publication of recognised service categories
CHAPTER IV.      Transitional One-stop Shopping Procedure
      Article 10 Scope of the transitional procedure
      Article 11 Administration
      Article 12 One-stop shopping procedure
CHAPTER V .      Frequency and Site Coordination Arrangements
      Article 13 Coordination directly by the applicant
      Article 14 Request for coordination via the application
      Article 15 Initiation of coordination procedures
      Article 16 Commencement of the satellite network services
      Article 17 Completion of coordination arrangements
      Article 18 Harmonisation in consultation with ERC
CHAPTER VI.      Numbering
      Article 19 Allocation and registration of names, numbers or addresses
 ---pagebreak---                                                                                                  27
CHAPTER VII .              Access to space segment capacity
         Article 20        Arrangements for space segment access and for conformance to
                           operational requirements
         Article 21        Access to space segment
CHAPTER VIII.              Monitoring Procedure
         Article 22        Implementation, modification and withdrawal of authorisations by Member
                           States
CHAPTER IX.                Appeal Procedure
        Article 23         Appeal to the Commission
        Article 24         Conciliation Procedure
CHAPTER X                  Community Telecommunications Committee
        Article 25         Composition of the CTC
        Article 26         Procedures for the CTC
CHAPTER XI.                Final Provisions
        Article 27         Applicability
        Article 28         Interconnection to public networks
        Article 29         Contingencies
        Article 30         Fees
        Article 31         Confidentiality
        Article 32         Emergency, experimental and other special satellite services
        Article 33         Harmonisation priorities
        Article 34         Notification
        Article 35         Review procedures
         Article 36        Implementation of the Directive
        Article 37         Addressees
Annex I        Information requirement in relation to applications.
Annex II       Satellite services, the conditions of which should be harmonised with priority.
 ---pagebreak---                                                                                                     28
                                            Proposal for a
                       EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                                          ON A POUCY FOR
                 THE MUTUAL RECOGNITION OF UCENCES AND OTHER NATIONAL
                             AUTHORISATIONS FOR THE PROVISION OF
                                 SATELUTE NETWORKS SERVICES
                                               AND/OR
                             SATELUTE COMMUNICATIONS SERVICES.
THE EUROPEAN PARUAMENT AND THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Community, and in particular Articles 57(2),
66,100a and 235 thereof,
Having regard to the proposal from the Commission ,
                                                                     2
Having regard to the opinion of the Economic and Social Committee ,
(1)  Whereas the Green Paper on a common approach in the field of satellite communications in
     the European Community of 20 November 1990 3 calls for measures for facilitating trans-
     European services, and in particular a Community scheme concerning the mutual recognition
     of licences for satellite earth station networks laying down inter alia, the conditions for the
     Community-wide operation of satellite earth station networks and possible conditions
     regulating hub (central control) earth station operations as well as a strengthened frequency
  i
  2
  3 COM (90) 490 final
 ---pagebreak---                                                                                                      29
      coordination related to satellite communications in order to support Community-wide
      licensing.
(2)   Whereas the Council in its Resolution of 19 December 1991 on the development of the
      common market for satellite communications services and equipment ogives its support to
      the general goals of the Commission's Green Paper on a common approach in the field of
      satellite communications in the European Community and considers harmonisation and
      liberalisation as far as required to facilitate the provision and use of Europe-wide satellite
      telecommunications services subject, where applicable to conditions necessary for
      compliance with essential requirements and special or exclusive rights, as a major goal in
      satellite telecommunications policy; whereas in this Resolution the Council calls for measures
      on the basis of the appropriate Community procedures for the establishment of a harmonized
      regulatory framework for the licensing of satellite networks and satellite services;
(3)   Whereas Council in its Resolution of 22 July 1993 on the review of the situation in the
      telecommunications sector and the need for further development in that market Recognises
      as key factors in the deveopment of future regulatory policy for telecommunications in the
      Community, the implementation of the principle of mutual recognition of national
      authorisations based on harmonised conditions and with an interim solution based on a one-
      shop shopping procedure, as well as the development of the policy established in the Council
      Resolution of 19 December 1991 in respect of satellite communications, in particular the
      adoption of measures envisaged in that framework and considers as major goal for the
      Community's telecommunications policy in the short term the adoption of legislative
      proposals in the field of satellites;
(4)   Whereas the proposal for a Council Directive on the mutual recognition of licences and other
      national authorizations for telecommunications services does not apply to the provision of
      mobile radio services and satellite services; whereas it is therefore necessary to extend the
      principle of mutual recognition of licences to satellite services, including mobile satellite
      services;
(5)   Whereas this Directive concerns the recognition of national authorisations for the provision of
      satellite communications services and the establishment and operation of satellite earth
      station networks granted by Member States; whereas an authorization to provide a satellite
   4 OJ. No C 8,14.1.92, p. 1
  5 OJ. No C 213, 6.8.93, p. 1
   6 COM (92) 254 of 15.07.92
 ---pagebreak---                                                                                                     30
     communications service and an authorization to establish and operate a satellite earth station
     network can be granted separately or in one licence;
(6)  Whereas this Directive does not concern the mutual recognition of authorizations granted by
     third countries; whereas the coordination of Member States shall be strengthened with regard
     to services to/from non-Community countries in order to develop common procedures with
      regard to these services, building on the general principles which are in the course of being
      defined within the framework of the General Agreement on Tariffs and Trade (GATT) services
      agreement;
 (7)  Whereas the approach which has been adopted to achieve mutual recognition of national
      licences and other authorizations is to establish procedures whereby the undertakings
      involved may obtain a mutual recognition of their national authorizations; whereas the main
      objective is to achieve this by way of mutual recognition on the basis of the establishment of
      harmonised licensing conditions for the provision of satellite services; whereas, for those
      satellite services for which harmonisation of licensing conditions has not yet been achieved, a
     transitional one-stop shopping regime shall facilitate the obtention of authorisations;
 (8) Whereas the specificities of satellite earth station networks and in particular their network
     topology requires detailed information to be available for each relevant national regulatory
     authority to assess compliance with the stipulations of this Directive for that part of the
      network which is intended to be operated on the territory under jurisdiction of each of the
      Member States; whereas this information should be provided by the applicant in accordance
     with the information requirement of Annex I;
(9)  Whereas, on the basis of mutually recognised national authorisations, the satellite service
     providers and satellite earth station network operators will be allowed to operate, throughout
     the Community, any or all of the activities for which they are holder of an authorization from
     one Member State, by establishing branches or by providing services; whereas the mutually
     recognised national authorisations will not free its holders from the obligation to comply with
     national legislation in conformity with Community law which is not specifically related to
     satellite services, in particular legislation on broadcasting;
(10) Whereas the provision of satellite services may involve interconnection arrangements being
     agreed between the holder of a recognised national authorisation and terrestrial public
     network operators; whereas Member States should have the power to intervene in
     interconnection negotiations in order to ensure their timely and efficient implementation;
(11) Whereas for some categories of satellite services it might appear unnecessary to proceed to
     a prior harmonisation of the conditions for authorisation; whereas it should therefore be
 ---pagebreak---                                                                                                       31
      possible to grant mutual recognition of national authorisations for certain categories of
      satellite services without prior harmonisation;
 (12) Whereas, in order to take advantage of the existing expertise national regulatory authorities in
      a wider European context, it should be possible to give mandates for harmonisation to the
      European Committee for Telecommunications Regulatory Affairs (ECTRA) and the European
      Radiocommunications Committee (ERC), which have been established in the framework of
      the CEPT;
 (13) Whereas notwithstanding the extension of the provision of satellite services to third countries
      their operation may require frequency and site coordination in third countries; whereas in
      these cases the third countries concerned must be provided with the necessary information;
      whereas those parts of the satellite earth station network which require frequency and site
      coordination shall only be established and operated if the necessary coordination procedures
      have been completed;
 (14) Whereas, as a transitional measure, a coordinated one-stop shopping procedure should be
      established facilitating the application for national authorisation in cases where mutual
      recognition is not yet achieved; whereas the introduction of mandatory time-limits is
      necessary to render the procedure more efficient; whereas it is expected that with the
      establishment of the appropriate harmonised conditions, the licensing mechanism for
      individual applications under a transition one-stop shopping regime will be progressively
      replaced by the mechanism for national licensing of service categories on the basis of mutual
      recognition;
(15) Whereas, in respect of the one-stop shopping procedure, bodies such as ECTRA and/or
      ERC, recognised as competent in this area, could be relied upon for the administration of
      such a procedure, subject to the establishment of suitable arrangements for cooperation;
(16) Whereas in cases of new service categories for which the harmonised Community licensing
      conditions have not yet been agreed, such as in the case of services from non-geostationary
      satellites including low earth orbiting satellite systems, and in cases where certain satellite
      services might not be covered by any of the established service categories due to the
      uniqueness of the service for which a licence is sought, applications for mutual recognition
      can be dealt with under the transitional one-stop shopping regime until the harmonised
      conditions for the service category in question have been elaborated;
(17) Whereas there is a necessary link between the authorisations granted for the operation of
      satellite network services and the exclusive use of certain frequencies; whereas the operation
      of certain satellite network services requires furthermore a clearance procedure to guarantee
 ---pagebreak---                                                                                                                                              32
        the proper functioning of radio services of a vital importance to certain sensitive areas, such
        as governmental or military installations and airports; whereas the mutual recognition of
        licences granted for the operation of satellite network services can for this reason only be
        envisaged in conjunction with the allocation of the required frequencies in the other Member
        States; whereas the use of frequencies in the Member States has yet been harmonized only
        to a limited extent; whereas this directive therefore introduces additional measures as regard
        the allocation and coordination of frequencies for the operation of Community-wide satellite
        network services;
(18) Whereas mobile satellite services and position-fixing satellite services, in particular those
        provided via transportable satellite earth stations, do not differ substantially from other two-
       way point-to-point or point-to-multipoint satellite communications applications and should
       therefore not be subject to regulatory safeguards and constraints other than those set out in
       this Directive; whereas however special considerations need to be taken into account with
        regard to frequency and site coordination arrangements for certain use of transportable and
        mobile satellite earth stations; whereas this proposal takes account of these special
        considerations;
(19) Whereas the applicant should have the possibility to arrange for the necessary frequency
       coordination directly with the appropriate authorities concerned or, alternatively, should have
       the possibility to request for a frequency and site coordination arrangement, in parallel and in
       addition to the licensing procedure; whereas a suitable frequency and site coordination
       arrangement shall be agreed for each category of satellite network service; whereas, for this
       purpose, supplementary conditions shall be added to the mutually recognised national
       authorisation;
(20) Whereas the creation of the European Radiocommunications Committee (ERC) and the
       European Radiocommunications Office (ERO) in the framework of the European Conference
       of Postal and telecommunications Administrations (CEPT), following Council Resolution 90/C
       166/02 of 28 June 1990, 'has substantially strengthened cooperation mechanisms in the
       frequency field; whereas the recognised technical expertise of ERC/ERO could be build upon
       in appropriate cases, in order to identify the frequency coordination arrangements necessary
       for the mutual recognition of national authorisations for satellite services, on the basis of a
       mandate from the Commission;
(21) Whereas any operation of satellite network services requires access to and provision of space
       segment capacity; whereas, in order to obtain space segment capacity, the operators of
       satellite earth station networks must in general lease capacity from an existing satellite
  7 OJ. C 166, 07.07.90, p. 2, Council Resolution of 28 June 1990 on the strengthening of the Europe-wide coopération on radio frequencies, in
  particular with regard to services with a pan-European dimension
 ---pagebreak---                                                                                                       33
      operator; whereas the effective use of orbital and related frequency resources is of utmost
      importance; whereas this effective use shall be a Community goal; whereas safeguards shall
      be introduced to preserve orbit and frequency spectrum efficiency; whereas it is therefore
      appropriate to require in cases of applications concerning the mutual recognition of
      authorisations for satellite earth station networks that the necessary space segment capacity
      arrangements have been made in an appropropriate way;
(22) Whereas the procedures for space segment capacity arrangements should be facilitated;
     whereas in cases where the necessary space segment arrangement has been made directly
     with a satellite operator or his representative, this arrangement must be recognised by the
      Member States; whereas Member States must not object to the mutual recognition of a
      national authorisation on the ground that they do not admit direct access arrangements;
(23) Whereas, taking into account recent developments in international satellite organisations and
     in particular those in EUTELSAT, Member States shall take all appropriate steps to eliminate
     incompatibilities with the Treaty provisions as expressed in Directive ../../CEE [Draft Directive
     amending Directives 88/301/EEC and 90/388/EEC with regard to satellite communications];
     whereas, in accordance with the Treaty provisions, territorial restrictions and restrictions
     based on nationality which together or separately have the effect of preventing cross-border
     offering of services via leased capacity should be removed; whereas therefore the Member
     States should allow access to space segment capacity via other Signatories or other SAO's
     than only the national ones on the basis of a multiple access arrangement; whereas in cases
     where the necessary space segment arrangement has been made through a Signatory Affairs
     Office (SAO) of a Member State, or via a multiple access arrangement, these arrangements
     must be recognized by all other Member States; whereas the provisions of this Directive
     build on these arrangements; whereas it should be possible to recognise or establish
     arrangements in order to harmonise conditions for access to space segment across the
     Community;
 ---pagebreak---                                                                                                       34
  (24) Whereas Council Resolution of 19 November 1992 on the promotion of Europe-wide co-
         operation on numbering of telecommunications services ^ calls for the setting up of a
        European Numbering Office (ENO) within the framework of European-wide cooperation on
        numbering, and the opening of a European numbering space for numbering of telephony-
        based pan-European services; whereas pan-European satellite service providers may require
        the allocation and registration of names, numbers or addresses possibly on both a national
        and Europe-wide basis; whereas applications for national authorisations for provision of
        Europe-wide satellite services may therefore often be linked with requests for allocation and
        registration of names, numbers and addresses;
 (25) Whereas the new procedure of mutual recognition may increase the current workload of the
       national regulatory authorities and bring about new costs; whereas these authorities should
       have the right to assign the supplementary costs incurred to the applicants for mutual
       recognition; whereas these fees may include the costs related to frequency and site
       coordination arrangements and to numbering arrangements; whereas the principle of
       transparency requires an appropriate publication of the fees assigned for the processing and
       the monitoring of the licences;
 (26) Whereas compliance by the holders of mutually recognised national authorisations with the
      terms of these licences must be guaranteed; whereas license holders therefore must inform
      the National Regulatory Authority of the Member State that granted the national authorization
      which was mutually recognised, and any other relevant National Regulatory Authority in the
      Community or of third countries, of any changes in the relevant circumstances;
(27) Whereas appropriate measures to ensure compliance with the terms of the licence should be
      taken by the national regulatory authorities; whereas however these measures should be
      subject to review in an appeal mechanism;
(28) Whereas in this framework an efficient procedure must be provided for the modification and
      the withdrawal of a mutually recognised national authorisation, which guarantees at the same
      time that the rights of the defence are upheld hi the assessment of such non compliance;
(29) Whereas a means of appeal should be established to ensure the full application of the
      procedures set out in this Directive; whereas a conciliation procedure allowing for an
      amicable settlement of disputes relating to the application of the procedures should be an
      essential element of this means of appeal;
(30) Whereas the Community Telecommunications Committee set up by this Directive shall be
      composed of representatives of the national regulatory authorities of the Member States, and
   8 OJ. No C 318,4.12.92, p. 2
 ---pagebreak---                                                                                                      35
      should assist the Commission in the implementation of this directive; whereas major tasks in
      the implementation of this directive have been conferred to the Member States.
(31) Whereas this directive does not limit the scope of application of national authorization
      procedures for satellite services; whereas however, concerning the application of the
      procedures for mutual recognition at Community level, safeguards must be introduced with
      regard to third countries to ensure a comparable treatment of nationals of the Member States
      in these third countries; whereas in this perspective, the Commission should make efforts to
      conclude agreements ensuring equal treatment with interested third countries;
(32) Whereas given the dynamic technological development in this sector, it is necessary to
      establish a procedure for adjustment of the technical provisions of this directive;
(33) Whereas in contingency situations, national regulatory authorities must have the power to
      require, if necessary, the holders of mutually recognised national authorisations to cease
     temporarily the operation of their service; whereas the licence holder has the right to be
      informed immediately of the nature of such a request;
(34) Whereas the confidentiality of the data collected according to the procedures set out in the
      present Directive and covered by the obligation of professional secrecy must in any case be
      guaranteed;
(35) Whereas however, the transparency of the authorisation procedures set out in this Directive
      must be achieved to improve their efficiency; whereas the relevant national regulatory
     authorities must be clearly identified;
(36) Whereas the provision of satellite services on an emergency basis in case of, inter alia,
     disaster relief, as well as the provision of satellite services for experimental or other special
     purposes require special treatment; whereas in the case of disaster relief an accelerated
     procedure with minimum delays is of utmost importance; whereas the provision of satellite
     services from Community territory to off-shore installations in international waters, the
     provision of satellite services to exhibitions and trade-shows, and the experimental use of
     certain types of satellite equipment, are, inter alia, considered as special situations; whereas
     further special situations might be identified at later stage; whereas special procedures will
     have to be elaborated to cater for these special and emergency services;
(37) Whereas experimental satellite services, which have been declared to be of common
     European interest, may have been granted recognition as a Trans-European Network (TEN);
     whereas the success of these projects is critically dependent on the timely availability of the
     appropriate authorisations; whereas therefore streamlined application and authorisation
     procedures shall be considered a priority;
 ---pagebreak---                                                                                                     36
(38) Whereas satellite broadcasting to the general public - including both applications in terms of
     the definition used in the Radio Regulations for Broadcasting-Satellite Services, as well as
     applications operating in the framework of the Fixed-Satellite Services will continue to be
      subject to the specific regulations set up by Member States in conformity with Community
      law;
(39) Whereas the goal of an advanced Community-wide market for satellite services requires the
     establishment of coherent, harmonised licensing conditions, timely implemented in all
     Member States, and compatible with Community law; whereas the alternative to Community
     legislation is an analogous system of provisions negotiated between Member States which
     would entail multiple, bilateral agreeements; whereas these agreements give no guarantees
     concerning coherency and uniformity and would therefore be unsuitable for satellite services,
     themselves international in nature; whereas therefore the overall framework can be better
     achieved at Community level, leaving room for a detailed, first, elaboration of harmonised
     conditions at the level of the Member States and thus the Community action is strictly limited,
     pursuant to the principle of subsidiarity, to the requirements of a framework required for the
     mutual recognition of authorisations satellite services and for an appropriate transitional
     regime;
(40) Whereas the Commission shall, within the review of the provisions of this Directive and its
     implementation up until 1 January 1996, evaluate for which satellite services there have not
     yet been adopted decisions concerning mutual recognition of authorisations; whereas the
     review shall pay special attention as to whether these services can be covered by mutual
     recognition of authorisations without prior harmonisation;
(41) Whereas the application of the provisions of this Directive requires a Community policy in
     relation to the ownership or control of undertakings benefiting from its provisions; whereas
     the Treaty does not provide, for the adoption of such a policy, powers other than those of
     Article 235;
 ---pagebreak---                                                                                                                                            37
HAVE ADOPTED THIS DIRECTIVE :
                                                           CHAPTER I
                                                    Scope and Definitions
                                                              Article 1
                                                            Objective
This Directive aims at implementing a single market in satellite services through the establishment
of procedures allowing a satellite network operator authorised to provide satellite network services
and/or a service provider authorised to provide satellite communications services in one Member
State to provide part or all of those satellite services on a Community-wide basis without having to
obtain individual licences or authorisations from other Member States.
                                                             Article 2
                                                           Définitions
                                                               9
The definitions given in Directive ../.../CEE                      shall apply, where relevant to this Directive. In
addition, for the purposes of this Directive :
1.     'Satellite' means a space based artificial body orbiting around earth and carrying equipment
       intended to transmit or retransmit radiocommunications signals;
2.     'Satellite earth station equipment' means equipment which is capable of being used either for
       transmission-only, or for transmission and reception ("transmit-receive"), or for reception only
       ("receive-only"), of radiocommunication signals by means of satellites or other space based
       systems;
9 [Proposal for a Directive by European Parliament and Council on the Mutual Recognition of Licences and other national authorisations for
telecommunications service]
 ---pagebreak---                                                                                                     38
3.   'Satellite system' means one or more satellites under the operational control of one operator,
    for the purpose of providing communications capacity;
4.   'Space segment' means the communications capacity of satellites used for the establishment
     of communications with terrestrial systems or other satellites;
5.   'Satellite earth station network' means a configuration of two or more satellite earth stations
    which interwork by means of satellites;
6.  'Satellite network services' means the establishment and operation of satellite earth station
    networks; these services consist, as a minimum, in the establishment, by satellite earth
    stations, of radiocommunications to space segment ("uplinks"), and in the establishment of
    radiocommunications between space segment and satellite earth stations ("downlinks");
7.  'Satellite communications services' means services whose provision makes use, wholly or
    partly, of satellite network services;
8.  'Satellite services' means the provision of satellite communications services and/or the
    provision of satellite network services;
9.  'Frequency and site coordination' means the clearance process to satisfy a number of
    potential frequency interference requirements concerning, inter alia, radio interference,
    aviation safety, radiation levels, and national security;
10. 'National authorisations' means individual authorisations such as licences or declarations or
    general regulatory authorisations in the form of e.g. legislation or class licences, which allow
    the provision of satellite communications services and/or satellite network services in a
    Member State, in conformity with Community Law;
11. 'Undertaking' means any natural person, any legal person, whether profit-making or not, or
    any official body whether having its own legal personality or not;
12. 'Licence' means an individual authorisation issued by a National Regulatory Authority and
    required as a condition for the provision of a satellite service in conformity with Community
    law;
13. 'Declaration' means the communication to a National Regulatory Authority by a service
    provider of its intention to provide a satellite service;
14. 'One-stop shopping procedure' means an arrangement facilitating the obtention of national
    authorisations for satellite services from more than one National Regulatory Authority in a
    coordinated procedure and at a single location;
 ---pagebreak---                                                                                                     39
15.    'Community Telecommunications Committee (CTC)', means the Committee established by
       Article 20 of Directive ../../EEC [Proposal for a Council Directive on the Mutual Recognition
       of Licences and other national authorisations for telecommunications services].
                                                Article 3
                                                 Scope
This Directive shall apply to all national authorisations relating to the provision of satellite
communications services and/or the provision of satellite network services.
                                             CHAPTER II
                           Mutual Recognition of National Authorisations
                                                Article 4
                                       Right to provide services
Member States shall ensure that undertakings which have been granted a national authorisation
recognised under the procedures set out in this Directive are allowed to provide without delay the
satellite network services and/or satellite communications services specified in that authorisation
on their territory.
                                                Article 5
                                         Effects of recognition
1.    Member States shall ensure that the only restrictions imposed on the provision of the services
       by the holders of recognised national authorisations are those imposed in accordance with
      the procedures set out in this Directive.
 ---pagebreak---                                                                                                     40
 2.  Paragraph 1 shall not prevent Member States from subjecting the provision of satellite
     services to national legislation not specifically related to telecommunications and satellite
     services.
                                            CHAPTER III
                 Mutual Recognition According To Common Licensing Regimes
                                And Procedures For Harmonisation
                                              Article 6
                           Harmonisation of conditions for authorisation
1.  Where appropriate, harmonised conditions for authorisation shall be determined for certain
    satellite services. For this purpose, the Commission may, in accordance with the procedure
    laid down in Article 26 :
    a)      as a first step, adopt the measure for identifying the category of satellite service for
            which harmonised conditions are required, as well as a mandate to ECTRA and/or
            ERC to elaborate these conditions; the mandate shall, in particular, define the tasks to
            be performed and lay down a time schedule for the elaboration of the conditions;
    b)      as a second step, once harmonised licensing conditions have been elaborated by
            ECTRA and/or ERC, adopt a decision setting out the corresponding common
            licensing conditions or parts thereof implementing essential requirements in
            conformity with Community Law.
2.  Where appropriate and in particular in cases where the time schedule laid down in
    accordance with paragraph 1 (a) is not respected, common licensing conditions may be
 ---pagebreak---                                                                                                    41
      adopted by the Commission in accordance with the procedure laid down in Article 26, without
      following the procedures laid down in paragraph 1 (a) and (b).
3.    The common licensing conditions, as adopted under the procedures of paragraph 1 or 2,
      may include provisions, where required, for the implementation of the provisions of Chapters
      relating to frequency and site coordination, numbering, and space segment access.
                                               Article 7
          Mutual recognition of national authorisations without need for prior harmonisation
  1. It may further be decided by the Commission, in accordance with the procedure laid down in
     Article 26, that mutual recognition of national authorisations may be granted for certain
      categories of satellite services which have not been subject of a harmonisation under Article
     6.
 2. A decision taken in application of paragraph 1 may include conditions ensuring compliance
     with essential requirements laid down in Community law, as well as conditions necessary to
     safeguard special or exclusive rights compatible with Community law, which shall be
     complied with by the providers of the service covered.
3.   A decision taken in application of paragraph 1 may include provisions, where required, for the
     implementation of the provisions of Chapters relating to frequency and site coordination,
     numbering, and space segment access.
                                               Article 8
                                          Mutual Recognition
The satellite services which fall under a harmonised service category covered by a decision
adopted under Articles 6 (1)(b), or 6 (2), or a satellite service category covered by a decision
adopted under Article 7, may be provided throughout the European Community under the
conditions set out in that decision.
 ---pagebreak---                                                                                                        42
                                                  Article 9
                                Publication of recognised service categories
 The Commission shall publish a list of the categories of satellite services covered by decisions
 adopted under Articles 6 (1)(b), 6 (2), or 7, including, where applicable, any relevant conditions, in
 the Official Journal of the European Communities and update it whenever necessary.
                                               CHAPTER IV
                               Transitional One-stop-shopping Procedure
                                                Article 10
                                    Scope of the transitional procedure
The provisions laid down in Articles 11 to 14 set out a transitional one-stop shopping procedure
applicable to satellite services which have not been subject of a decision in accordance with Article
6 (1)(b), Article 6 (2) or Article 7.
                                                Article 11
                                             Administration
The Commission shall undertake, where appropriate, the necessary steps to establish
arrangements for one-stop shopping procedures set out in Article 12, including the recognition of
suitable arrangements for its technical administration, in accordance with the procedure laid down
in Article 26.
References to such arrangements will be published in the Official Journal of the European
Communities.
 ---pagebreak---                                                                                                        43
                                               Article 12
                                    One-stop shopping procedure
A one-stop shopping procedure established in confomity with Article 11 shall conform to the
following conditions:
  (1) The one-stop shopping procedure is open to all service providers wishing to operate satellite
       services in the European Community.
  (2) The submission of applications and/or declarations at a single location is possible and one or
       more entities are defined with which the applications and/or declarations can be filed.
      Applications may include, as required, the information specified in Annex I and, where
      required, requests for frequency and site coordination in accordance with the provisions set
      out in Chapter V, and/or for allocation and registration of names, numbers or addresses, in
      accordance with the provisions set out in Chapter VI.
  (3) Within 7 days of filing, the application^) and/or declarations) shall be provided to the
      national regulatory authorities concerned by the entity with which the application was filed.
  (4) When a National Regulatory Authority submits the provision a satellite service to a licence, it
      shall take a decision on the grant of such a licence and inform the applicant as well as the
      entity with which the applications was filed of that decision within six weeks of the receipt of
      the application.
      When a National Regulatory Authority submits the provision of a satellite service to a
      declaration requirement, it may raise objections against the provision of the service declared
      and it shall inform the applicant as well as the entity with which the declaration was filed of
      these objections within six weeks of the receipt of the declaration.
 (5) Where appropriate, national regulatory authorities shall endeavour to shorten the time period
      of six weeks indicated in paragraph (4) for certain categories of satellite services, in response
      to commercial needs.
 (6) Where the provisions of Chapters V, VI and VII apply, the granting of licences may be made
      conditional to the completion of the procedures set out in those Chapters.
 ---pagebreak---                                                                                                           44
   (7) If no licence is issued or if no objections raised within the time-limits set out in paragraph (4),
        the National Regulatory Authority shall inform the applicant as well as the entity with which
        the application was filed for the reasons for its decision.
   (8) The entity with which the applications and/or declarations may be filed shall report annually
        to the Commission on the operation of the one-stop shopping procedure, including in
        particular, information on refusals of applications and objections raised to declarations.
                                                CHAPTER V
                              Frequency and site coordination procedures
                                                 Article 13
                                   Coordination directly by the applicant
In the case of applications concerning satellite networks services, the applicant may produce
evidence, included in the application, that the necessary frequency and site coordination
arrangements have been provided for In all relevant Member States and other countries affected by
the establishment and operations of the planned satellite earth stations.
                                                 Article 14
                               Request for coordination via the application
1.     Notwithstanding Article 13, in cases concerning satellite network services, a request for
       frequency and site coordination arrangements with relevant Member States and third
       countries affected by the establishment and operations of the planned satellite earth stations,
       may be included in the application(s).
2.     The request for frequency and site coordination shall be forwarded to the national regulatory
       authorities and the appropriate authorities of relevant third countries, and enclosed shall be
       any relevant information provided in accordance with the appropriate parts of Annex I.
 ---pagebreak---                                                                                                          45
                                                Article 15
                                Initiation of coordination procedures
1.  After having been notified of the request for frequency and site coordination arrangements,
    the national regulatory authorities shall immediately initiate the necessary frequency and site
    coordination procedures in accordance with national laws applicable and international
    obligations.
2.  The applicant shall, where appropriate, provide all assistance necesssary to conclude a
    suitable frequency and site coordination arrangement.
3.  Member States shall ensure that frequency and site coordination arrangements not yet
    completed for certain parts of satellite earth station networks, shall not delay the
    commencement of operations of those parts of the satellite network service for which the
    coordination arrangements have been concluded.
4.  The operation of those parts of the satellite earth station network which require completion of
    frequency and site coordination procedures with non-Community countries shall be subject
    to satisfactory     completion of these procedures, in accordance with                  international
    commitments of Member States.
                                                Article 16
                   Commencement of the provision of satellite network services
 1.   In case of an application concerning satellite network services, the national authorisation
      shall include a supplementary condition that operation of that satellite earth station network
      may only commence for those parts of the satellite network for which frequency
      coordination and site clearance procedures have been completed.
 2.   The licensed satellite network service shall be subject to a supplementary condition that
      further frequency and site coordination arrangements might remain to be carried out in
      accordance with national laws applicable and international obligations for the entire period
      for which the licence is valid. If required, suitable modifications to the licence shall be sought
      in accordance with the provisions of Article 22.
 ---pagebreak---                                                                                                      46
                                               Article 17
                                Completion of coordination arrangements
In the case of applications concerning satellite network services, where no conclusive agreement is
reached on the frequency and site coordination arrangements within six months after the national
regulatory authorities have been notified of a request for coordination, any party involved in the
coordination procedure may invoke the appeal procedure of Article 23.
                                               Article 18
                                 Harmonisation in consultation with ERC
1.   The Commission may request, where appropriate, the European Radiocommunications
     Committee (ERC) to determine harmonised frequency bands for satellite network services and
     satellite earth station networks in order to identify the frequency coordination provided for in
     this chapter, in accordance with the international commitments of the Member States in this
     area.
2.  The satellite network services using the frequency bands thus identified, and the conditions
     placed upon their use, may be introduced as a service category in accordance with the
     procedures of Article 6.
                                             CHAPTER VI
                                              Numbering
                                               Article 19
                     Allocation and registration of names, numbers or addresses
1.    A request for allocation and registration of names, numbers or addresses may be included in
      the application for the mutual recognition of licences.
 ---pagebreak---                                                                                                    47
2. This request shall be forwarded without delay to the appropriate authorities responsible for
    processing such requests.
3. The application for mutual recognition of licences may proceed independently of the request
   for allocation and registration of names, numbers or addresses.
                                          CHAPTER VII
                              Access to space segment capacity
                                             Article 20
                         Arrangements for space segment access and
                         for conformance to operational requirements
1. In the case of applications concerning satellite network services, evidence has to be
   produced that the necessary space segment capacity is provided for and that appropriate
   technical arrangements have been made with the satellite system operator in order to ensure
   proper interworking of the satellite networks and satellite systems concerned.
2. The evidence referred to under paragraph 1 shall be provided to all national regulatory
   authorities under which responsability parts of the satellite network service are operated, at
   the latest six months after the date of issue of the authorisation.
3. In case the evidence is not provided or is not conclusive, national regulatory authorities might
   invoke the procedures set out in Article 24.
                                             Article 21
                                    Access to space segment
1. In the case of applications concerning satellite network services, where the necessary space
   segment capacity may be arranged for directly with the satellite operator or his authorised
 ---pagebreak---                                                                                                     48
    representative(s), or where the necessary space segment may be arranged for through
    another recognised arrangement in a Member State, in conformity with Community law, this
    arrangement shall be recognised by all Member States.
    In such a case, the licensee may access the space segment capacity from any satellite earth
   station in the Community covered by the provisions of this Directive.
   In cases where space segment capacity is intended to be provided by the International
   Satellite Organisations, the Commission may, in conformity with the procedure set out in
   Article 26, recognise or establish procedures for access to that capacity, which may be
   required for the Community-wide implementation of the arrangements of paragraph 1, in
   conformity with international obligations of Member States.
                                           CHAPTER VIII
                                     Monitoring Procedure
                                             Article 22
        Implementation, modification and withdrawal of authorisations by Member States
1. Where a national regulatory authority considers that a licensee no longer complies with the
   conditions set out in conformity with this Directive it may take appropriate measures to
   ensure compliance with these conditions
2. The Commission may, upon request of a party concerned, initiate the procedure set out in
   Article 24.
3. If no conciliation procedure is initiated within two weeks of receipt of the request of the party
   concerned by the Commission, or no agreement is reached according to the procedure set
   out in Article 24, the Commission shall, after having given the parties involved the opportunity
   of being heard, decide in conformity with the procedure set out in Article 26 whether the
   measures taken shall be maintained or modified..
4. The Commission notifies the decisions taken in accordance with paragraph 2 and 3 to the
   undertaking involved and inform the national regulatory authority thereof.
 ---pagebreak---                                                                                                      49
                                              CHAPTER IX
                                           Appeal Procedure
                                                Article 23
                                         Appeal to the Commission
  1. When an authorisation is not granted as set out in this Directive, the applicant may submit a
       copy of its appJication(s) and/or declaration(s) to the Commission and ask the Commission
      to inititate the conciliation procedure set out in Article 24.
  2. If no conciliation procedure is initiated within three weeks of receipt of appeal by the
      Commission, or no agreement is reached according to the procedure set out in Article 24, at
      the latest three months after the first meeting of the working group, a decision shall be taken
      in accordance with Article 26 on the basis, where applicable, of the relevant national licensing
      regime notified in accordance with Article 35.
                                                Article 24
                                          Conciliation Procedure
Without prejudice to:
(a) any action that the Commission or any Member State might take pursuant to the Treaty, and in
      particular Article 169 and 170 thereof;
(b) the rights of the applicant or any other person under applicable national law;
the following conciliation procedure may be applied:
  (1) The chairman of the CTC shall convene as soon as possible a working group including at
      least two members of the CTC and the chairman of the CTC or another official of the
      Commission appointed by him.
  (2) The working group shall meet within ten days. The chairman of the CTC may decide, upon
      proposal from any member of the working group, to invite a maximum of two other persons
      as experts to advise it. in the case of frequency matters however, where appropriate, an
 ---pagebreak---                                                                                                         50
        additional expert from the ERC should be invited. In the case of numbering issues, and where
        appropriate, an additional expert from the ENO should be invited.
   (3) The working group shall give the applicant, the national regulatory authorities of the Member
        States concerned, the telecommunications organisations or other parties involved the
        opportunity to present their opinion orally or in writing.
   (4) The working group shall endeavour to reach agreement between the applicant and the
        national regulatory authorities of the Member States Involved.
   (5) The applicant and the members of the CTC involved shall bear their own costs of participation
        In the procedure. The applicant shall bear the costs of the experts mentioned in paragraph 2.
   (6) Whenever an agreement is reached, the authorisation(s) shall be granted by the National
        Regulatory Authority) (ies) concerned within two weeks of the agreement.
                                               CHAPTER X
                             Community Telecommunications Committee
                                                Article 25
                                         Composition of the CTC
      The Commission shall be assisted by a committee composed of representatives of the national
      regulatory authorities of the Member States and chaired by a representative of the
      Commission. The Committee shall be called the Community Telecommunications Committee
      (CTC).
                                                Article 26
                                         Procedures for the CTC
1.     The representative of the Commission shall submit to the Committee a draft of the measures
       to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the
       chairman may lay down according to the urgency of the matter, If necessary by taking a vote.
 ---pagebreak---                                                                                                      51
   The opinion shall be. recorded in the minutes; in addition each Member State shall have the
   right to ask to have its position recorded in the minutes. The Commission shall take utmost
   account of the opinion delivered by the committee. It shall inform the committee of the
   manner in which its opinion has been taken into account.
   The Commission shall where necessary inform the Committee on the outcome of regular
   consultions with the representatives of telecommunications organisations, satellite
   organisations, space agencies, users, consumers, manufacturers, service providers and trade
   unions.
   In addition, the Committee shall, taking account of the Community's telecommunications
   policy in general and the satellite communications policy in particular, foster the exchange of
   information between the Member States and between the Member States and the
   Commission, on the situation and the development of regulatory activities regarding the
   authorisation of satellite services.
                                          CHAPTER XI
                                        Final Provisions
                                           Article 27
                                          Applicability
1. An undertaking shall be granted neither recognition of a national authorisation according to
   harmonised conditions nor any rights resulting from the provisions of this Directive, unless its
   principal place of business, and, if any, its registered office are located in a Member State.
   Undertakings already established in a Member State shall be treated as Community
   enterprises
2. Without prejudice to agreements and conventions to which the Community is a contracting
   party, the undertaking may not, at any time, be more than 25 percent owned by third
   countries and/or nationals of third countries.. It shall at all times be effectively controlled by
   Member States and/or nationals of Member States.
 ---pagebreak---                                                                                                    52
3. The Community will, after adoption of this Directive, open negotiations with a view to ensuring
   comparable and effective access in all markets, by removing foreign participation limitations
   and other restrictions in these countries. If this resuit is achieved, paragraphs 1 and 2 will be
   waived.
4. The Commisson shall submit an annual report to the Council on progress made in multilateral
   or bilateral negotiations regarding access for Community undertakings to the markets of third
   countries in the field covered by this Directive, on any result which such negotiations may
   have achieved, and on the implementation in practice of all the agreements which have been
   concluded.
   The Council, acting by qualified majority on a proposal from the Commission, may amend the
   provisions of this Article.
                                             Article 28
                               Interconnection to public networks
1. Where a satellite service requires an interconnection agreement between the holder of the
   recognised national authorisation and another telecommunications organisation, Member
   States shall ensure that their national regulatory authority has therightto intervene in order to
   ensure that such agreements are entered into and implemented in an efficient and timely
   manner, and in accordance with Community law.
2. The national regulatory authority shall intervene if requested by either party, in order to set
   conditions which are fair and reasonable for both parties, and offer the greatest benefits to all
   users.
                                             Article 29
                                         Contingencies
1. In the case of satellite earth station networks, Member States shall ensure that national
   regulatory authorities have the power to request part or whole cessation of the transmissions
   of the network for a temporary period in the case of contingencies where proper functioning
 ---pagebreak---                                                                                                      53
   of other telecommunications networks, including satellite earth station networks and satellite
   systems, is jeopardised.
2. Member States shall ensure that the licensee complies with such a request without delay.
3. Immediately following the request, the national regulatory authority shall inform in writing
   other affected countries as well as the licensee of the reasons for the request without delay.
4. The Member States shall ensure that the restoration of services provided by the licensee is
   not unreasonably delayed.
                                              Article 30
                                                Fees
1. Member States may allow their national regulatory authority to impose a reasonable fee to
   cover the administrative costs incurred in the implementation of this Directive as part of the
   overall national regulatory arrangements in the telecommunications sector.
2. Fees shall be published in an appropriate manner and detail so as to provide easy access to
   that information..
                                              Article 31
                                           Confidentiality
1. Without prejudice to the provisions of Article 35, the Commission and the national regulatory
   authorities, their officials and other servants, and experts called in pursuant to Article 24 shall
   not disclose any information acquired by them as a result of the implementation of this
   Directive and of the kind covered by the obligation of professional secrecy.
2. The provisions of paragraph 1 shall not prevent publication of information on licensing
   conditions which does not include information of a confidential nature.
 ---pagebreak---                                                                                                      54
                                                Article 32
                    Emergency, Experimental and other Special Satellite Services.
1.    Simplified conditions and separate procedures for submissions of applications and the
      mutual recognition of national authorisations for emergency satellite services, such as for
      disaster relief, as well as for experimental and special satellite services shall be adopted in
      accordance with the procedure laid down in Article 26.
2.    The experimental provision of satellite services of a trans-European nature which have been
      declared projects of European interest, shall be considered with priority. Where
      authorisations for these services are required, applications may be forwarded directly to the
      Commission.
                                                Article 33
                                        Harmonisation priorities
The establishment of harmonised conditions for satellite services, in accordance with the
provisions of Articles 6 and 7, shall be in the order of priority indicated in Annex II.
                                                Article 34
                                               Notification
 1. The Member States shad supply the Commlsson with the following information:
            the names and addresses of the national autorities and bodies competent to issue
             national authorisations;
            information on its national authorisation regimes; including conditions and procedures,
             in particular whether and for which services individual authorisations are required;
            criteria on the basis of which applications are assessed;
            general national regulation specifically relevant in the area of satellite services.
 ---pagebreak---                                                                                                         55
    This information shall be at level of detail sufficient to identify the terms and conditions against
    which national authorisations are granted, or the criteria against which applications will be
    considered.
    The Member States shall notify any changes in respect of the information supplied under
    paragraph 1, within two weeks of its entry into force.
                                              Article 35
                                         Review Procedures
1.  Any modifications necessary to adapt the content of the Annexes of this Directive to new
    technological developments and appropriate practical procedures shall be determined in
    accordance with the procedure laid down in Article 26.
2.  The Commission shall establish an annual report on the application of the procedures set out
    in Chapters II and IV.
3.  On the basis of the results of the implementation of this Directive up to 1 January 1996, the
    Commission will review whether a modification of its provisions is necessary, on the basis of a
    report to be provided to Parliament and Council. This report shall include an assessment, on
    the basis of the experience gained, of the need for further evaluation of the regulatory
    structures as regards authorisations.
                                              Article 36
                                  Implementation of the Directive
 1. Member States shall bring into force the laws, regulations and administrative provisions
    necessary to comply with this Directive at the latest one year after the adoption of this
    Directive. They shall forthwith inform the Commission thereof.
 ---pagebreak---                                                                                                    56
      When Member States adopt these provisions, these shall contain a reference to this Directive
      or shall be accompanied by such reference at the time of their official publications. The
      procedure for such reference shall be adopted by Member States.
 2.   Member States shall notify the Commission a list of representatives to the CTC not later than
      two months after the adoption of this Directive. The CTC shall assume its functions three
      months after the adoption of this Directive.
                                              Article 37
                                             Addressees
This Directive is addressed to the Member States.
Done at Brussels,
For the European Parliament                                               For the Council
The President                                                             The President
 ---pagebreak---                                                                                                     57
                                                 ANNEX I
                  INFORMATION REQUIREMENT IN RELATION TO APPLICATIONS.
Preface.
The elements in this annex can be used as an indicative basis for the information requirements to
be supplied under the applications for authorisations.
In all cases, the information of part 1 (containing the general information) should be provided. In
case an application relates to satellite earth stations networks, the relevant information of part 2
should be provided, while in the case of applications relating to licences for satellite
communications services, the information of part 3 should be provided.
                                  PART 1 - GENERAL INFORMATION.
General information to be provided under all applications.
G1.      Name and address of company/person applying and ownership, date, place and form of
         incorporation or, if applicable, similar details of partnership, association or otherwise.
G2.      Nature of the satellite service operated.
G3.      National Authorisation for the operation of the service(s) mentioned under point G2.,
         specifying the legal ground (law, licence, class licence, etc.).
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                               PART 2 - SATELLITE EARTH STATION NETWORKS
Information to be provided in case a licence is sought for satellite earth station networks or parts
thereof.
Network architecture related aspects.
 N1.    General network topology including details on the general architecture and configuration,
        and specifically on the monitoring and control configuration (see also space segment
        related aspects).
N2.     If applicable, details on foreseen connections via or with public telecommunications
        network(s), as well as connections via or with other telecommunications networks. In each
        case, details under which conditions equipment is already approved for connection to the
        networks.
N3.    In case of utilisation of, parts of or all, elements of other satellite earth station networks ,
       details of these elements and of licences under which these elements operate.
Equipment related aspects.
E1.    Generic description of each type of satellite earth station used in the network and detail of
       harmonised European standards and/or Common Technical Regulations which apply to
       each of these type as well as detail on conformance tests and/or type-approvals obtained.
E2.    A description of each type of satellite earth station used in the network not covered by
       harmonised European standards or Common Technical Regulations, with detail of other
       national or international standards or widely acknowledged specifications which might
       apply, as well as detail on conformance tests and/or type-approvals obtained3.
1      For example, in the case of shared hub, VSAT or mobile networks, the hub might already be licensed and the remote earth stations
       are added under a separate licence, or the hub station is located and licensed outside the Community.
2      For example, the specifications used by the international satellite organisations.
3      Either from national bodies or certificates from the international satellite organisations.
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E3.    Indication of the use of each generic type of satellite earth station and, if different from
                                                                                                              5
       generic type, indication of use for each individual satellite earth station .
E4.    If applicable, (a) cop(y)(ies) of the declaration(s) provided for in Article 11 of Directive
        ../.../EEC 6 , concerning satellite earth station equipment which is capable of, but not
        intended for connection to the public telecommunications network.
Frequency and site coordination related aspects.
F1.    Frequency bands envisaged for use by the network, with specificities of the bands for each
       country in which satellite earth stations are located and identification of the frequency
       bands used for each individual satellite earth station.
F2.    If applicable, geographical location and antenna height of each of the satellite earth
       stations used and type of station used in that location with reference to [equipment related
       aspects] above.
F3.    Frequency coordinations already obtained and an indication for which of the satellite earth
       stations further frequency coordination is required, in which frequency bands, with which
       services, and with which countries this coordination is to be carried out
F4.    In case of further need for frequency coordination, sufficient detail to initiate the
       coordination procedures with the relevant nations.
F5.    Site clearances already obtained and an indication for which of the locations of the satellite
       earth stations site clearances might be necessary and for which reason.
F6.   All locations of satellite earth stations close to borders with other countries and where
      there exists possible need for site clearance and/or frequency coordination procedures
      with these countries, shall be marked with an indicative list of those countries which might
       have to be contacted.
      Fixed satellite, transportable fixed satellite or mobile satellite, landmobile satellite, aeronautical satellite, maritime satellite,
       radiodetermination satellite, otherwise.
      For example, landmobile satellite units used in fixed locations.
      Council Directive supplementing Directive 91/263/EEC in respect of satellite earth station equipment
      Frequency coordination is usually performed by national frequency offices of the countries involved, and the frequency manager of
      the applicant, as a minimum. Sufficient detail shall be provided so that these national frequency offices of Member States and non-
      Community countries can assess the issue and contact the applicant to initiate the coordination.
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F7.     If applicable, detail which facilitate local frequency coordination and site clearance
        procedures for mobile and transportable stations, in particular for Satellite News Gathering
        units.
Space segment related aspects.
551.   The satellite system(s) or space based systems envisaged for use with detail on orbital
        parameters and characteristics of transponder(s).
552.   A copy of (a) formal statements) from the space segment providers) which confirm(s) the
        existance of either (a) commercial agreements) in conformity with Community law or
       declaration(s) of intent, the sateilite(s) and transponder(s) used, as well as the foreseen
       frequency plan for the network of the applicant.
                                                                                                     o
553.   An indication as to which satellite operations guides are applicable or an indication to any
       other operational procedures between the satellite operator and the applicant.
554.   Control and Monitoring facilities either integrated in the applicant's network and/or any
       external facilities used9, with details of harmonised European standards and/or Common
       Technical Regulations, or other standards or widely accepted specifications, which apply,
       as well as details on conformance tests and/or type-approvals obtained.
Operations related aspects.
       For example, the EUTELSAT Systems Operations Guide ESOG.
       The satellite network control centres of the satellite system operator which space segment is used, for example the INTELSAT
       Operations Centre.
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0P1.    Anticipated presence of personnel at the satellite earth stations, their qualifications, and
        attendance           , particularly at transportable and autonomous                      satellite earth stations.
OP2.    Description of any technical, operational or special constraints with might delay immediate
        cessation of, relevant parts or all, transmissions upon request by a National Regulatory
        Authority in case of contingencies.
OP3.    Name, address, telephone, fax, telex and /or electronic mail detail of the Operations
        Manager and the Network Manager On Duty, and any other person12, either of which can
        order immediate cessation of, relevant parts or all, transmissions of the network, upon
        request by a National Regulatory Authority in case of contingencies.
Other aspects.
OA1.    Information on whether the presumption of conformity set out in Article 4 (1) of Directive
        ../.../EEC [Council Directive supplementing Directive 91/263/EEC in respect of satellite
                                                                                                                   13
        earth station equipment] is applicable to the equipment which will be used                                     .
OA2.    Details on licences obtained or applied for in non-Community countries relevant to the use
        of the network in question.
OA3.    If the network is intended for experimental use, details regarding the nature of the
        experiments, the date of commencement, the duration.
OA4.    If the network is intended for special use, such as at exhibitions and trade shows, the
        nature of this special use, the date of commencement, the duration.
10     During transmissions only, continuous 24 hrs/day, or otherwise.
11     Autonomous satellite earth station are those which (all under direct supervisory operational control of a satellite operators control
        and operations facility.
12     For example, Manager On Duty in the satellite operations centres.
13     In case equipment can cause a health hazard (e.g. location of high power satellite transmitters in a public location) details shall be
        provided on preventive or corrective measures foreseen.
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 OA5.    For information only, indication of other factors which are expected to impact partly or
         wholly on the establishment of the satellite network service                                   but which are not directly
         subject to the provisions of the Single Community Satellite Communications Licence.
                              PART 3 - SATELUTE COMMUNICATIONS SERVICES
 Information to be provided in case of applications for licences for satellite communications
 services.
 CS1.    Nature of the satellite communications service which the application seeks for licensing.
 CS2.    Origin and destination of the traffic of the various types of services under application.
 CS3.    The standards applied for the services concerned.
 CS4.   The measures envisaged to ensure data protection.
 CS5.    For information only, indication of other factors which are expected to impact partly or
        wholly on the establishment of the communications service15 but which are not subject to
        the provisions of the Single Community Satellite Communications Licence.
Amendments to this annex shall be established under the procedure set out in Article 26.
14      For example, audiovisual regulations (copyright, ownership, content, advertisement, etc), environmental regulations, competition law,
        transborder operations.
15      For example, audiovisual regulations (copyright, ownership, content, advertisement, etc), competition law, transborder operations.
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                                           ANNEX II
                        SATELLITE SERVICES, THE CONDITIONS OF WHICH
                             SHOULD BE HARMONISED WITH PRIORITY.
SATELLITE NETWORK AND COMMUNICATIONS SERVICE CATEGORIES TO BE ADDRESSED WITH
PRIORITY IN ACCORDANCE WITH ARTICLE 6.
1.  VSAT networks operating in parts of the 14/12 GHz band.
2.  Satellite News Gathering services.
3.   Mobile satellite services.
4.   Personal satellite communications services via geostationary and non-geostationary satellite
    systems including low earth orbiting systems.
5.  Two-way Radiodetermination and Radiolocation satellite services.
Other services subject to further consideration:
    VSAT networks operating in parts of the 30/20 GHz band.
SATELUTE NETWORK AND COMMUNICATIONS SERVICE CATEGORIES TO BE ADDRESSED WITH
PRIORITY IN ACCORDANCE WITH ARTICLE 7.
1.  One-way point to multipoint satellite services.
2.  One-way radiolocation and radiodetermination satellite services
Amendments to this annex shall be established under the procedure set out in Article 26.
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D. FINANCIAL OUTLINE
I.    FINANCIAL IMPLICATIONS
1.    Title of Action
    DIRECTIVE by European Parliament and Council on a policy for the mutual recognition of
    licences and other national authorizations for the provision of satellite network services and/or
    satellite communications services.
2.    Budget Line
      B-5 4020: Standardization in thefieldof telecommunications
3.    Legal Basis
              Articles 57 (2), 66,100 A and 235.
              Green Paper on a common approach in the field of satellite communications and
              services, COM(90)490 Final, 20.11.90
              Council Resolution of 19th December 1991 on the development of the common market
              for satellite communications services and equipment OJ No C 8,14.1.92, p.1.
              Directive      /.../ EC [on the mutual recognition of licences and other national
              authorisations for telecommunications services].
4.    Description
4.1   Specific Objectives of the Action.
      This action aims for the establishment of a common market for satellite services, through the
      definition and implementation of a Community regime for the mutual recognition of national
      satellite services licences or other authorisations. The method consists in the establishment of
      a procedure for harmonization of existing divergent national regimes for the authorization of
      satellite services. As a transitory measure a regulatory one-stop-shopping procedure is
      established to facilitate application procedures in cases of services for which mutual
      recognition is not yet achieved. Both procedures provide for the possiblity to confer tasks to
      the European Committee for Telecommunications Regulatory Affairs (ECTRA) set up in the
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     framework of the European Conference of Postal and Telecommunications Administrations
     (CEPT) or other CEPT bodies such as the European Radiofrequency Committee/European
     Radiofrequency Office or the European Numbering Office or to recognize or establish other
     arrangements in the field.
     The action has a very strong impact on the development of satellite services in the
     Community and the rest of Europe and its justification lies in the necessity of establishing a
     Community-wide regime for services which are inherently international in nature and as such
     require an appropriate approach thereby establishing a broad base for the satellite services
     and equipments markets and the associated networks and services in the Community.
4.2  Duration.
     The proposed action is an annual action. Its duration is not limited.
4.3  Population aimed at by the Action.
     The Directive directly concerns the satellite service industry in the field of satellite earth station
     networks and satellite communications services and indirectly all equipment suppliers and
     users of satellite communications services in the Community.
5.    Classifications
    -   Non-obligatory expenditure
    -   Dissociated credits
6.   Nature of Spending
     The Community's financial contribution shall, depending on the nature of the work, not
       amount to more than 50% to 100% of the resources invested. It will be needed for the
       application of the appeal mechanism and for subventions given to ECTRA, ERC/ERO and
       ENO for the elaboration of harmonized conditions and related tasks.
7.   Financial implication for intervention credits
             The Community resources will be required to cover a contribution to the work done by
             ECTRA, ERC/ERO and ENO in establishing harmonised conditions for the provision of
             Europe-wide services and related professional assistance.
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               Indicative timetable:     (B 5 - 4020)
               1994                      200.000 ECU
               1995                      200.000 ECU
               1996                      200.000 ECU
               1997                      200.000 ECU
               1998+:                    200.000 ECU
8.  Anti-fraud provisions
    The control of payments or of any services, preparatory, feasibility or evaluatory studies
    requested is carried out by the Commission prior to payment taking into account any
    contractual obligations, economic principles and good financial or other management
    practice. Anti-fraud provisions (supervision, reporting requirements etc.) will be included in all
    agreements and contracts made between the Commission and the recipients of any
    payments.
II. ADMINISTRATIVE EXPENSES.
    The Community contribution will be covered by appropriations entered on budget items A-1
     and A-2. They will be required to cover expenses for additional staff as well as committee
     and working group meetings. The specific requirements for Committee meetingscan be
     estimated to be about 6 meetings per year of a Committee with 24 members specifically
     constituted for the purposes of this directive.
    The estimated costs of the whole action in 1994 will be of about 232.000 ECU. They are not
     expected to increase in the following years.     The additional staff required (1 A for 80.000
     ECU, 1 C for 80.000 ECU) is estimated to cost 160.000 ECU annually which will be covered
     by Title A1 and A2 of the budget. Taking into account the budgetary situation in 1994 the
     additional staff required in 1994 will be found by a redeployment of existing staff. The
     Committee meetings will cost about 72.000 ECU (= 6 x 12.000) per year. This amount
     (72.000 ECU) will be covered by budget line A-2510.
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III. ELEMENTS OF COST-EFFICIENCY ANALYSIS
1.   Obfectives and coherence with the financial programmation.
1.1  The proposed Directive aims at establishment of a Community licensing regime for satellite
       earth station networks and satellite communications services through the mutual recognition
       of national licences or other authorisations.
1.2 The action is provided for in the financial programmation of the DG.
1.3  The objective of the proposed Directive corresponds to the general objective of the
      "establishment of an internal market for telecommunications equipment and services",
      defined in the financial programmation of the DG.
2.   Justification of the Action
     The proposed Directive contains a legislative measure necessary for the establishment of an
       internal market in the satellite communications sector.
     Currently, the establishment of satellite services requires parallel applications for licences,
      usually for each satellite earth station in a network, resulting in a time-consuming procedure
      of obtaining individual licences for up to hundreds of satellite earth stations. These
      administrative and regulatory barriers have severely hampered the development of
      Community-wide satellite services, especially in the rural regions. The proposed licensing
      regime provides for a one-stop shopping concept and is expected to boost the development
      of the satellite services and equipment markets. The proposed action is fully in line with the
      principle of subsidiarity as the introduction of such a concept by multilateral actions of the
      Member States would entail excessive delays and cumbersome procedures because it
      would require a large number of individual negotiations. The objective can therefore better
      be achieved by an action at Community level.
3.   Follow-up and evaluation of the action.
     The proposed Directive sets out a reporting procedure in its Article 36 which effectively
      consists of a requirement for the Commission to report before the 1st of January 1996 on
      the progress of implementation and the effectiveness of the measure.
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                                                                    ISSN 0254-1475
                                                              COM(93) 652 final
                                                     DOCUMENTS
EN                                                                    06 15 06
                                Catalogue number : CB-CO-93-709-EN-C
                                                             ISBN 92-77-62743-3
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