1. Regulation and Industry Agreements Dr Jaakko Saijonmaa Nokia 17.10.2003

2. Regulation Standards Licencing Spectrum Type approvals Intellectual property Interoperability certification What do I need to know about regulation, laws and agreements to put system on air – or to make a product for sale? Agenda

3. Standards, regulation, agreements … IPR/Patents Standard Operating licence Operating licence Spectrum licence Spectrum licence Type approvals Type approvals Interoperability REGULATION – DONE BY ADMINISTRATION INDUSTRY AGREEMENTS LAW

4. NORTH AMERICA Standards: TIA, T1, ANSI Regulation: FCC, NTIA Regulation separated form operation Global view to regulation & standards EUROPE Standards: ETSI Regulation: ECC & national administrations Regulation separated form operation ASIA-PACIFIC Standards: SDO’s like MII, ARIB Regulation: national administrations Regulation not always separated SDO = Standards Developing Organisation

5. Standards, regulation, agreements … IPR/Patents Standard Operating licence Operating licence Spectrum licence Spectrum licence Type approvals Type approvals Interoperability INDUSTRY AGREEMENTS LAW REGULATION – DONE BY ADMINISTRATION Standards voluntary arrangements to create wider marketplace managed by recognised Standards Developing Organisations referenced by legislation and regulation Standards voluntary arrangements to create wider marketplace managed by recognised Standards Developing Organisations referenced by legislation and regulation

6. Characteristics of a strong standard even playfield – nobody controls IPR settled wide support & supply independent suppliers genuine competition conformance verification Characteristics of a strong standard even playfield – nobody controls IPR settled wide support & supply independent suppliers genuine competition conformance verification Open standards To users: Protection against unexpected market disturbances To users: Protection against unexpected market disturbances To industry: Wider market access & longer lifetime To industry: Wider market access & longer lifetime

7. Characteristics of a strong standard even playfield – nobody controls IPR settled wide support & supply independent suppliers genuine competition conformance verification Characteristics of a strong standard even playfield – nobody controls IPR settled wide support & supply independent suppliers genuine competition conformance verification How TETRA performs Standards freely downloadable from www.etsi.org Standards freely downloadable from www.etsi.org TETRA: + TETRA: +

8. IPR/Patents Standards, regulation, agreements … Standard Interoperability INDUSTRY AGREEMENTS Operating licence Operating licence Spectrum licence Spectrum licence Type approvals Type approvals Licencing and competition policy Licencing and competition policy Spectrum management and licencing Spectrum management and licencing Approvals and market surveillance Approvals and market surveillance REGULATION – DONE BY ADMINISTRATION

9. ECC – Electronic Communications Committee CEPT Working Group Frequency Management (FM) Project Teams – FM38 PT for PMR spectrum strategy  ECC Decisions Decisions implemented by national administrations – if so decide web: www.ero.dk + national administration pages Spectrum - Europe

10. Spectrum decision flow - Europe frequency issues ETSI WG FM ECC WG SE FM PTxx WG FM SE PTxx discussion sharing & combatibility studies System Ref Doc draft ECC Decision study reports ECC Decision FM = frequency management SE = spectrum engineering PT = project team PMR: FM PT38

11. ERC Decision (96)01 – for Emergency Services – based on agreement with NATO – implemented by 27 administrations TETRA Spectrum - Europe ERC Decision (96)04 – for ”Civil TETRA” – implemented by 27 administrations ECC Decision (02)03 –”Narrowband Digital PMR Decision” Documents available at www.ero.dk 380400 410430450 470 870 876915921 390

12. TETRA Spectrum - RoW 380400 430821 866 410390 806 851 Common PMR allocations outside Europe – 25 kHz channels Available in some few countries only – depending on … + country specific allocations

13. Operating licence only for commercial systems Spectrum licence always needed Spectrum is rare and thus valuable – licence costs Licencing practices – First come first served (common practice for PMR) – Beauty parade – Auction ERC Report 105, Review of PMR fees, Feb 2001: – “…auctions are not a suitable instrument for the issuing of PMR licences … first come first served is the most suitable in the case of PMR.” Licencing fees & price - national

14. Example fees for a 3 site system A trunked PMR system of 3 base stations and 400 mobiles using 3 exclusive PMR channels over an operation area of approx. 10 km; Annual fee in Euros; ERC Report 105, Feb 2001

15. EU R&TTE Directive 1999/5/EC – Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment – essential requirements of 3 groups of harmonised standards Self-declaration: Declaration of Conformity (DoC) – to harmonised standards or – Technical Construction File (TCF) plus opinion of Notified Body Notification to regulator + CE marking ECC Report 15/Sep 2002: Market surveillance, radio … Acceptance Type approvals  Declaration of Conformance Type approvals  Market surveillance

16. Efficient usage of spectrum (technical compliance): EN 303 035-1 Harmonised EN for TETRA equipment covering … V+D EN 303 035-2 Harmonised EN for TETRA equipment covering … DMO Electromagnetic compatibility: EN 301 489-01 EMC standard for radio equipment and services, part 1: Common technical requirements EN 301 489-18 EMC standard for radio equipment and services, part 18: Specific requirements for TETRA Electromagnetic safety, e.g. (handsets): EN 50360 Product standard … exposure to electromagnetic fields EN 50361 Basic standard for the measurement of Specific Absorption Rate … Declaration of Conformance/R&TTE Harmonised TETRA standards: 380400 410430450 470 870 876915921 390

17. Standards, regulation, agreements … IPR/Patents Standard Operating licence Operating licence Spectrum licence Spectrum licence Type approvals Type approvals Interoperability INDUSTRY AGREEMENTS LAW REGULATION – DONE BY ADMINISTRATION Intellectual Property Rights defined in legislation to protect and encourage investment to innovations supported by international agreements traded on commercial basis Intellectual Property Rights defined in legislation to protect and encourage investment to innovations supported by international agreements traded on commercial basis

18. Patents, trade marks, copyrights, … Patents protect and encourage investment to innovation Regulated by law Patents & standards: Essential IPR concept Declaration to licence on fair, resonable, non-discriminatory terms Intellectual property Licencing has to be in line with ETSI IPR Policy & international competition laws See ETSI website & TETRA MoU website (paper to explain IPR) for more info

19. Standards, regulation, agreements … IPR/Patents Standard Operating licence Operating licence Spectrum licence Spectrum licence Type approvals Type approvals Interoperability INDUSTRY AGREEMENTS LAW REGULATION – DONE BY ADMINISTRATION Interoperability voluntary industry arrangement to verify multi-vendor performance, administered by the TETRA MoU Association and supervised by authorised test house Interoperability voluntary industry arrangement to verify multi-vendor performance, administered by the TETRA MoU Association and supervised by authorised test house

20. Goal of TETRA Interoperability work 20 © NOKIA 2002 SD142EN_IOP.PPT/ 07.06.2002 / Tpepublic Enable customers to purchase from open and competitive TETRA market to meet customer requirements

21. TETRA IOP work flow MoU Operator/User Association Technical Forum Members’ Enquiry MoU Certification Body ISCTI *) – Rome/Italy ACCEPTED into OPERATION (Also need CE mark or TA) STANDARDS TIP SPECS TEST PLANS CERTIFICATE TMO AI group DMO AI group ISI group (PEI group) approx 12 suppliers *) Instituto Superiore delle Comunicazioni e tecnologie dell'Informazione

22. Tested products: Cleartone DeTeWe Frequentis IFR (tester) Marconi/OTE Motorola Niros Nokia Rohde & Schwarz Simoco/Sepura Teltronic Thales Certificates at www.tetramou.com Tested products: Cleartone DeTeWe Frequentis IFR (tester) Marconi/OTE Motorola Niros Nokia Rohde & Schwarz Simoco/Sepura Teltronic Thales Certificates at www.tetramou.com IOP – achievements/V+D AI V+D Functionality (TTR 001)TIPTest planTested Part 1: Version 4 coreReady Yes Part 2: SDSReady Yes Part 3: DGNAReady Yes Part 4: AuthenticationReady Yes Part 5: Packet dataReady Yes Part 6: AI migration ph 1 (ph 2)Ready Part 7: FSSNReady Yes Part 8: RF loop-backReady Part 9: Ambience listeningReady Yes Part 10: E2E Encryption & CVOReady Yes Part 11: AI EncryptionReady Yes Part 12: Service interactionAgreed Part 13: Enable/DisableReady Part 15: Call Author by Dispatch…Ready Part 16: Air-to-groundReady Part 17: Radio User AssignmentME MS-PD, AKD, RUA, …Drafts Status as per 10.10.2003

23. IOP – achievements/DMO & ISI DMO Functionality (TTR 002)TIPTest planTested Part 1: Version 2 coreReady Yes Part 2: DMO GatewayME Part 3: Type 1 DMO RepeaterME (Note: DMO V2 core contains rich functionality) ISI Functionality (TTR 003)TIPTest planTested Part 1: Mobility mgmt + authentReady Part 2: Individual callReady Part 3: Short Data ServiceReady Part 4: Lower layersReady Part 5-1: Circuit mode voice xferReady Part 5-2: Packet mode voice xferReady Part 6: Group callAgreed Tested DMO products: Cleartone Marconi/OTE Motorola Nokia Simoco/Sepura Certificates published at www.tetramou.com Tested DMO products: Cleartone Marconi/OTE Motorola Nokia Simoco/Sepura Certificates published at www.tetramou.com Status as per 10.10.2003 More companies joining

24. How many independent radio suppliers would I find for my network if …? What permissions/licences do I need to go on air & what does it cost? What does the CE mark quarantee? Is the product compliant to a harmonised standard? How can I check the interoperability status of the new features I want? Checklist questions IPR Standard Licence Spectrum Approvals IOP

25. To have a wide and open market one needs – a strong standard – market-oriented regulatory regime – voluntary industry arrangements Summary It may mean some extra work, but it gives benefits to all With TETRA all this has happened European regulation aims at opening the markets – The same is today true also for increasingly many other regions IPR Standard Licence Spectrum Approvals IOP

26. Questions? IPR Standard Licence Spectrum Approvals IOP