1. January 2012 Workshop on Radio Frequencies International Legal Expert Meeting, 19-20 January 2012 Leiden University, The Netherlands Gerry Oberst

2. www.hoganlovells.com EU Principles for Radio frequencies 1.Legal principles set at the EU level Electronic Communications Regulatory Framework (in effect May 2011 in principle)  General regulatory principles – Framework Dir. Article 8  Framework Dir. Articles specific to spectrum management  Individual rights of use – Authorisation Dir. Article 5 Competition rules – large impact on spectrum decisions Radio Spectrum Policy Programme (policy to 2014) 2

3. www.hoganlovells.com Expanding Impact of Competition Rules 2. Framework and new RSPP provisions Original framework 2009 Framework The RSPP 3 The 2002 Framework contained mainly general references to the need to promote competition, with limited direct application to spectrum regulation. The 2009 amendments to the regulatory framework greatly expanded rules for planning, management and review in spectrum policy. Also expanded application of competition law concepts applied to spectrum regulation. The RSPP will even further expand application of competition law concepts applied to spectrum regulation and give the Commission new tools for regulation / harmonisation

4. www.hoganlovells.com Radio Spectrum Policy Programme 3. RSPP Article 5 "Competition" 1.Member States shall promote effective competition and shall avoid distortions of competition in the internal market for electronic communications services... 2.Member States may adopt, inter alia, the following measures: a)Spectrum Caps or conditions b)Reserve bands for new entrants c)Conditions on transfers or accumulations d)Amend existing rights of use – anti-hoarding 3.*** 4.Member States shall ensure that the authorisation and selection procedures for electronic communications services promote effective competition for the benefit of citizens, consumers and businesses in the Union.. 4

5. www.hoganlovells.com Competition Standards for Spectrum Regulation 5 "Ensure no distortion or restriction on competition" Framework Directive, Art. 8(2)(b) "Safeguard competition to the benefit of consumers" Framework Directive, Art. 8(5)(c) "Promote effective competition" and avoid distortions of competition RSPP, Art. 5(1) Take "appropriate measures to promote fair competition" Framework Directive, Art. 9a(3 ) Regulate transfers "likely to result in significant harm to competition" RSPP Art. 5(2)(d) "Facilitate development of competition" Authorisation Directive, Art. 7(1)(a) Avoid accumulations that result in "significant harm to competition" RSPP Art. 3(i) or which "distort competition" RSPP Art. 5(2)(e) "Promote competition" Framework Directive, Art. 8(2)(b ) Are all these saying the same thing ? Probably not 4. Standards for competition assessments The big picture

6. www.hoganlovells.com Competition Standards for Spectrum Regulation 6 "Promote effective competition" and avoid distortions of competition Art. 5(1) Regulate transfers "likely to result in significant harm to competition" Art. 5(2)(d) Avoid accumulations that result in "significant harm to competition" Art. 3(i) or which "distort competition" Art. 5(2)(e) 4. Standards for competition assessments (cont'd) The RSPP picture

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