Implementation of EU Electronic Communication Directives

Package Comprises: n Framework Directive n Authorisation Directive n Access and Interconnection Directive n Users Rights and Universal Service Directive n Decision on a Framework for Radio Spectrum Policy

Timetable n Negotiations completed December 2001 n Anticipated adoption in EU Journal late February 2002 n Directives come into force 15 months later via UK Regs or Bill (late May 2003) n Establishment of Communications Committee and Radio Spectrum Committee in May/June 2002, working in parallel with current groups

Spectrum Decision n Aimed to co-ordinate policy and -where appropriate- promote harmonisation n Establishes Radio Spectrum Committee of Member States (RSC) n Commission to propose technical implementing measures to RSC n Article 5 requires publication of spectrum access information

Framework Directive-1 n Harmonised Framework for Networks and Services n Powers and tasks exercised through notified NRAs n Objectives and principles based on fairness, impartiality and transparency in how NRAs regulate “undertakings providing electronic networks and services”

Framework Directive-2 n New mechanisms to demonstrate transparency n Increased requirements for consultation, including Commission and other Member States n New appeal provisions

Framework Directive- 3 (Art 9: Managing Radio Frequencies) n Member States required to provide effective management of frequencies for services n Based on objective, transparent, non- discriminatory criteria n Must promote harmonisation and use efficient and effective criteria in accordance with policies agreed under Spectrum Decision

Framework Directive -4 (art 9: Spectrum Transfers) n Directive will permit transfer of rights to use radio frequencies between undertakings n NRAs should set procedures and notify and publish transfers n Transfers may not undermine harmonised decisions

Framework Directive -5 (standards) n Commission encouraged to promote harmonised standards and Member States encouraged to promote inter- operability of services, taking account of European bodies n Commission may mandate or dis-apply mandates for standards in EU Journal, but without prejudice to R& TTE or World Trade agreements

Framework Directive -6 (committees) n Commission shall be assisted by “Communications Committee” representing Member States, to oversee implementation of the package n Separate committees for spectrum issues

Framework Directive- 7 (other general measures) n Directive also regulates numbers and rights of way and encourages facility sharing n Measures to regulate undertakings with significant market power and NRAs to define market definitions and market analysis procedures n Also measures for resolving disputes between undertakings and across borders

Authorisation Directive -1 n Directive aims to harmonise and simplify authorisation rules and conditions for networks and services n It deregulates as far as possible

Authorisation Directive- 2 n Main concept is to provide “general authorisations” to undertakings providing networks and services n Member States/NRAs may not prevent an undertaking providing networks and services unless it is necessary to protect public security, safety or health and specific conditions may apply for scarce resources of frequencies, numbers or rights of way

Authorisation Directive -3 (general authorisations) n No prior authorisation necessary for undertakings to provide networks and services except for frequencies, numbers and rights of way n NRAs may publish general rules and conditions, but only for measures published in Annex A of Directive, and require compliance n NRAs may require undertakings to register

Authorisation Directive-4 (Art 5: general authorisation for radio frequencies) n Wherever possible, general authorisations should apply to radio frequency use. A license exemption regulation achieves this objective n NRAs could require registration of undertakings (e.g a public or satellite operator), but not practical or intended for end users

Authorisation Directive- 5 (Art 5 and 6: rights of use) n Where necessary to grant individual rights of use, they shall be granted to any undertaking, upon request n Objective criteria under under Article 9 of Framework Directive must apply to making such decisions n only conditions included under Annex B may be applied

Authorisation Directive-6 (rights of use) n When taking decisions on rights, Member States must use open, non discriminatory and transparent procedures n May specify which rights may be transferred n Grants (i.e. licences) may be for appropriate limited periods n Except for competitive awards, grants must be made within 6 weeks of NRA receipt

Authorisation Directive-7 (Art 7: limited rights of use) n When Member States consider limiting rights of use they must: l Give due weight to maximising benefits to users and to competition l Give opportunity to potential users to express views

Authorisation Directive- 8 (Article 7: limited rights of use) n Member States should review limited rights regularly (e.g. our spectrum strategy) n When new opportunity possible, publish reasoning and invite further applications n When comparative or competitive selection used, time limits may extend to 8 months as necessary to ensure fair procedures n All opportunities for application to be published in a frequency authorisation plan

Authorisation Directive-9 (Art 8- harmonised spectrum) n When agreements made (through spectrum decision) to harmonise use of frequencies, Member States must grant rights of use without imposing further conditions which would restrict or delay correct implementation

Authorisation Directive-10 (Arts 12 and 13: Charging fees) n Fees for general authorisations may be levied to registered undertakings but only to cover cost of regulation. NRAs must then publish and justify costing mechanisms n Spectrum pricing may be used