CELEX: 51992PC0314
Language: en
Date: 1992-07-22
Title: Proposal for a COUNCIL DIRECTIVE on common frequency bands to be designated for the coordinated introduction of the Terrestrial Flight Telecommunications System (TFTS) in the Community

No C 222 / 10                                Official Journal of the European Communities                                       29 . 8 . 92
              (k) The guarantees referred to in Article 3.
              (1) Clear and unequivocal details of conditions, limits and cost of time-share exchange and resale services,
                   where these services exist; if they do not exist, this must be indicated. At any event, there must be a
                   statement to the effect that the sale of time-share rights cannot be assured at a fixed price of within a
                   fixed period.
              (m) Measures which have been or will be taken in respect of the management, upkeep and maintenance of
                   the property, and any measures adopted or to be adopted relating to the purchaser's participation in
                   the administration and management.
              (n) The period within which the purchaser can exercise his right to withdraw from the contract, as
                   referred to in Article 7, the arrangements for so doing and the effect of withdrawing.
              Proposal for a Council Directive on common frequency bands to be designated for the
              coordinated introduction of the terrestrial flight telecommunications system (TFTS) in the
                                                                 Community
                                                               (92 /C 222/06)
                                                     COM(92) 314 final — SYN 440
                                             (Submitted by the Commission on 22 July 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Whereas the Community-wide operation of mobile
                                                                         communications systems will greatly depend upon the
                                                                         provision of common frequency bands and associated
Having regard to the Treaty establishing the European                    harmonised standards ;
Community, in particular Article 100a thereof,
                                                                         Whereas the European Telecommunications Standards
Having regard to the proposal from the Commission,                       Institute (ETSI) is currently developing the European
                                                                         Telecommunications Standard (ETS) for the terrestrial
                                                                         flight telecommunications system (TFTS);
In cooperation with the European Parliament,
                                                                         Whereas this standard is expected to be approved during
                                                                          1992 ;
Having regard to the opinion of the Economic and
Social Committee,
                                                                         Whereas the development of the ETS must observe the
                                                                         safety of aircraft and flight, as well as the need for
Whereas Council resolution 88 / C 257 /01 (*) calls for the              Europe-wide interoperability ;
promotion of Europe-wide services according to market
requirements ;
                                                                         Whereas the European implementation of TFTS will
                                                                         provide a unique opportunity to establish aeronautical
Whereas Council resolution 90 /C 27/05 (2) calls for                     public correspondence (APC) in Europe ;
special priority to be given to the development and inter­
connection of trans-European networks notably, 'inter
alia', in the area of telecommunications ;                               Whereas in order to make the necessary investment in
                                                                         TFTS European airlines and network operators need the
                                                                         assurance of a long term frequency allocation ;
(') Council resolution 88 /C 257/01 on the development of the            Whereas      ETSI      has    estimated    that     TFTS     will
    common     market   for   telecommunication       services  and
    equipment (OJ No C 257, 4. 10. 1988 , p. 1 ).                        progressively require an allocation of 2 x 5 MHz of
(2) Council resolution 90/C 27/05 concerning trans-European              frequency spectrum to meet demand in high traffic
    networks (OJ No C 27 , 6 . 2 . 1990 , p. 8 ).                        density areas up to 2005 ;
 ---pagebreak---  29 . 8 . 92                                Official Journal of the European Communities                            No C 222 / 11
 Whereas an early decision on frequency bands for TFTS                 HAS ADOPTED THIS DIRECTIVE :
 is essential to avoid a delay in the development of the
 standard and the implementation of the service in                                              Article 1
 Europe , and to maintain the momentum currently
 achieved ;                                                            For the purpose of this Directive aeronautical public
                                                                       correspondence (APC) is defined as a public telecommu­
 Whereas       the       European          Radiocommunications         nications service in an aircraft during flight.
 Committee (ERC)         has currently identified the most
 suitable frequency     bands for TFTS to be 1670-1675
 MHz (ground to         air) and 1800-1805 MHz (air to                Terrestrial flight telephone system (TFTS) means the
 ground);                                                             APC system that will be implemented to the standard
                                                                      being developed by the European Telecommunications
Whereas the World Administrative Radio Conference                      Standarts Institute (ETSI).
 1992 (WARC '92) has allocated the frequency bands
 1670-1675 MHz (ground to air) and 1800-1805 MHz                                                Article 2
 ( air to ground) for terrestrial aeronautical public corres­
 pondence (APC); whereas this allocation has been on a                 1 . Member States shall designate common frequency
world-wide basis, with the exception of the United                    bands for TFTS by 1 January 1993 . TFTS shall have
 States , Canada and Mexico ;                                         priority in the designated bands .
Whereas the resources offered by modern telecommuni­                  2.     The frequency bands to be designated for TFTS are
cations networks should be utilized to the full for the
                                                                       1670-1675 MHz for the ground to air direction and
 economic development of the Community ;                               1800-1805 MHz for the air to ground direction and will
                                                                      become available as follows :
Whereas Council Directive 89/ 336 / EEC (') on the
 approximation of the laws of Member States relating to               — 2x1 MHz with effect from 1993 , in total ,
electromagnetic compatibility is applicable, and
particular attention should be taken to avoid harmful                 — 2x3 MHz with effect from 1994, in total ,
electromagnetic interference ;
                                                                      — 2x5 MHz with effect from 1998 , in total.
Whereas Council Directive 91 /263 / EEC (2) on the
approximation of the laws of Member States concerning                 Whereas necessary, administrators shall take existing
telecommunications terminal equipment, including the                  national services, both within and outside the European
mutual recognition of their conformity will allow the                 Community into account when planning these bands to
rapid establishment of common conformity specifications               be made available for the TFTS .
for TFTS ;
Whereas the progressive availability        of the full range of                               Article 3
common frequency bands as set out           above will be indis­
pensable for the establishment of            a terrestrial flight     1.     Member States shall bring into force the laws ,
telephone system on a Europe-wide           basis ;                   regulations and administrative provisions necessary to
                                                                      comply with this Directive within 12 months of its notifi­
Whereas the use of frequencies for TFTS must not result               cation . They shall forthwith inform the Commission
in harmful interference to the services which operate in              thereof.
the adjacent frequency bands ;
                                                                      2.    When Member States adopt these measures, they
Whereas TFTS should have priority in the designated                   shall contain a reference to this Directive or shall be
bands taking due account of existing applications ;                   accompanied by such a reference on the official publi­
                                                                      cation. The methods making such a reference shall be
Whereas the establishment of terrestrial flight telecom­              laid down by the Member States .
munications systems TFTS on a pan-European basis
requires the allocation of common frequency bands ;
                                                                                               Article 4
whereas this allocation would not be sufficiently
achieved on an individual basis by the Member States
and therefore for reasons of effectiveness, could be                  The Commission shall report to the Council on the
better achieved at Community level ,                                  implementation of this Directive not later than the end
                                                                      of 1995 .
                                                                                               Article 5
(') OJ No L 139 , 23 . 5 . 1989 , p . 19 .
( 2) OJ No L 128 , 23 . 5 . 1991 , p . 1 .                            This Directive is addressed to Member States .