Opinion of the Economic and Social Committee on the 'Green Paper on Radio Spectrum Policy in the context of European Community policies such as telecommunications, broadcasting, transport, and R& D'
16. 6. 1999 EN Official Journal of the European Communities C 169/3 Opinion of the Economic and Social Committee on the ‘Green Paper on Radio Spectrum Policy in the context of European Community policies such as telecommunications, broadcasting, transport, and R&D’ (1999/C 169/02) On 15 December 1998 the Commission decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Communities, on the above-mentioned proposal. The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee’s work on the subject, drew up its opinion on 13 April 1999. The rapporteur was Ms Thompson. At its 363rd plenary session (meeting of 28 April 1999) the Economic and Social Committee adopted the following opinion by 66 votes to 1 with 1 abstention. 1. Introduction The Green Paper on Convergence between telecom- 1. 1. munication, media and information technologies (1) and other Community documents have in recent years highlighted the use of radio spectrum and the complex decision making that exists in this important economic and social area. There is massive expansion, major economic activity, and therefore a need for a review. Countries historically co-ordinate the use of the radio 1. 2. spectrum in the framework of the International Telecommuni- cation Union (ITU), a specialized body of the United Nations. In World Radiocommunications Conferences (WRC) of ITU, 186 countries biannually adopt measures in order to achieve international harmonization. In Europe, 43 countries, includ- ing the Member States, co-ordinate the use of the radio spectrum in the framework of the European Conference of Postal and Telecommunications administrations (CEPT) and its sub-committee, the European Radiocommunications Com- mittee (ERC). 1. 3. During the next two years there will be some important policy discussions: the ‘99 Review’ for the Telecommuni- cations Sector, important work in the transport sector, and the forthcoming World Radiocommunications Conference WRC – 2000. the EU, The use of spectrum has become a major issue in 1. 4. Member States, the wider Europe, and globally. Technical improvements, and business and consumer demand over the last few years have made spectrum a very scarce resource. Inevitably different patterns of regulations and uses have developed nationally and internationally. In Europe CEPT has been able to ensure proper use and a reduction of technical problems. Any objective view of the current position would show that decisions about spectrum have a political, social, economic and technical component. 1. 5. The European Union has a substantial interest in the development of a consistent radio spectrum policy as it is the backbone for a wide range of industrial activities in sectors such as telecommunications, broadcasting, transport, R&D and services of general interest. The Green Paper seeks to identify how best to approach 1. 6. and implement spectrum policy at EU level. In the changing environment Europe faces new chal- 1. 7. lenges: — The number of new systems both commercial and non- commercial is increasing. — Globalisation increases the need for international co- operation. 2. The Commission’s Green Paper 2. 1. The EU and radio spectrum The location and amount of radio spectrum allocated 2. 1. 1. for each service may differ between countries and only a small amount of the radio spectrum is harmonized among countries. 2. 1. 2. across sectors as the following examples show: EU action on radio spectrum differs significantly (1) COM(1997) 623 final; ESC opinion in OJ C 214, 10. 6. 1998, p. 79. 2. 1. 2. 1. has increased due to technical liberalisation of telecommunications markets. In telecommunications the number of applicants innovation and the global C 169/4 EN Official Journal of the European Communities 16. 6. 1999 2. 1. 2. 2. In contrast, radio spectrum availability for broad- casting has so far, except for a Council Resolution on public service broadcasting (1), not been addressed in the EU as an issue requiring political or legislative action. Transport policies, 2. 1. 2. 3. in turn, benefit from radio spectrum being available on an almost exclusive and inter- national basis. 2. 1. 2. 4. Although earth observation and radio astronomy receive considerable EU funding, the radio spectrum available for these activities is under pressure. 2. 2. EU policy on radio spectrum. Issues for comments 2. 2. 1. key issues: The European Commission invites comment on five — strategic planning of the use of radio spectrum, — harmonisation of radio spectrum allocation, — radio spectrum assignment and licensing, — radio equipment and standards, 3. 5. In spectrum policy today, the value of radio spectrum is not a predominant factor commonly taken into account, even though the relevant authorities increasingly use auctions and sales of defined and regulated licences for the use of spectrum. However, the Committee warns against this having a negative impact on employment or leading to increased costs for consumers. 3. 6. Some of the key issues listed in the Green Paper conflict with each other; for example it is not always possible to reflect the economic value of radio spectrum and at the same time provide adequate spectrum for public interest, though it is apparent that the convergence of services using radio spectrum increasingly will become a reality. Decisions in this area are of vast importance. Some- 3. 7. times these are of a financial nature involving millions of Euros and sometimes of social importance such as old people’s alarms or the use of radio frequencies for small scale com- munity radio. It is very apparent that EU objectives will not always 3. 8. be met within the current regulatory framework. 3. 9. Areas that are particularly affected are: — the institutional ordination. framework for radio spectrum co- — new developments and competition, An overview of EU policies involving radio spectrum 2. 3. is given in Annex I of the Green Paper. — establishing a clear legal framework, — helping to balance Member States and European needs, 3. General Comments 3. 1. The Committee welcomes the Commission’s Green Paper and agrees that there is a need for a full debate on spectrum use. — strengthening the EU’s role in global forum, — technical standards and harmonization. 3. 10. main areas strongly influenced by research (2): It is apparent that if the EU divides spectrum into five In the light of the importance of 3. 2. the five areas mentioned in point 2. 2. 1 for a range of EU policies it is important that the EU plays an enhanced role in spectrum policy. This needs to build on the good work already under- taken particularly by CEPT and its sub-committees. — telecommunications, — broadcasting, — transport, 3. 3. How spectrum decisions are currently taken through ITU, WRC and CEPT/ERC needs to be examined and there is a strong case for the EU to have more direct involvement in the development of radio spectrum strategies. The current process is clearly outlined in the Green Paper. 3. 4. There needs to be a balance between the current technical assessment procedure and possible future more political, economic and social procedures for this scarce resource. (1) Resolution of the Council and the Representatives of the Govern- ments of the Member States, meeting within the Council of 25 January 1999 concerning public service broadcasting; OJ C 30, 5. 2. 1999, p. 1. — Government (defence, and law and order), and — R&D, the EU’s ability to influence each area will be different. (2) See the Fifth Framework Programme of the European Community for research, technological development and demonstration activi- ties (1998 to 2002), OJ L 26, 1. 2. 1999, p. 1. ESC opinion on the ‘Fifth Framework Programme for RTD (1998 to 2002) — specific programmes’ — OJ C 407, 28. 12. 1998, p. 123. ESC opinion on the ‘Fifth Framework Programme for RTD (1998 to 2002) — scientific and technological objectives’, OJ C 355, 21. 11. 1997, p. 38. 16. 6. 1999 EN Official Journal of the European Communities C 169/5 3. 11. The Committee feels that there should be a mechan- ism to allow the EU a fuller role in spectrum policy. This is such a vast and complex area that it would be inappropriate for the EU to undertake a detailed management role, often undertaken competently by the CEPT/ERC and Member States Governments themselves. There is a role that needs to be played bringing in the important dimensions of economic, political and social considerations. This role will also enhance the single market, competitiveness, Europe’s position in the global market and strengthen the EU’s position in relevant international fora. 3. 12. The Committee would support mechanisms that include this process, but would want to ensure that any new role the EU takes on in this field fully takes into account Member States activities and the mechanisms that currently exist. 3. 13. The Committee will want any mechanism to be clear, open and transparent to ensure non-discrimination. Also current mechanisms must be made more open and transparent, so those that are applying to use spectrum have a clear understanding. This will also help to highlight how economic and social considerations are taken into account. 3. 14. The Committee feels that it is important that good practice in spectrum management is shared across Member States and the EU should facilitate this. For example, in the allocation of radio licenses it is important to develop the social as well as the economic context. Socially there needs to be a commitment to diversity, which includes culture, type of program format and ownership. (1) 4. Specific Comments 4. 1. The Green Paper underestimates national Govern- ment’s potential concern about changes in spectrum allocation because increasingly spectrum allocation has been used to raise Government finance. It is worthwhile considering that where the relevant 4. 2. authorities sell or auction licenses for the use of spectrum a significant percentage of these funds be earmarked for specific related activities such as R&D, rather than the funds going exclusively to national exchequers. 4. 3. ‘Re-farming’ proposals should, in the main, be market led. Any other proposals need to clearly convince current users of the economic benefits of spectrum change if it directly involves them in additional costs. 4. 4. Where spectrum harmonisation occurs economic ben- efits would accrue. Standardisation would enhance the EU’s position, but it must be noted that the direct economic benefits would be marginal. Radio spectrum harmonisation and equip- ment standards can result in significant benefits for the end user and sometimes in economic terms. Standards develop- ment should to a large extent be market led. 4. 5. The Green Paper does not fully quantify the potential benefits from the use of digital technology. Which frequency bands will be freed and how will they be used in the future? 4. 5. 1. Any improved framework needs to be able to accommodate the very fast rate of technological development. Though it is very difficult with any degree of certainty to predict future developments in this area, it is an appropriate role for the EU to undertake. 4. 6. The Committee wants to ensure the highest level of protection and public health. The Committee is aware of the work undertaken concerning the health considerations of the electromagnetic fields (2) and looks forward to strong and clear policies and continuous monitoring and research in this area. Any changes to the current decision making process 4. 7. must adhere to the EU’s policy of subsidiarity. 5. Conclusions 5. 1. Radio spectrum is the backbone for a very wide range of different important industrial sectors. Currently decisions are made mainly on technical grounds and it is the Committees opinion that future decisions need to reflect the economic, social and political importance of spectrum usage. 5. 2. The Committee feels that a fund should be set up for specific activities such as R&D and that this fund is financed by taking a percentage of the money that authorities gain, when they sell or auction licenses for the use of spectrum. 5. 3. Any changes to the current decision making processes need to take into account CEPT’s and ERC’s role and avoid the EU becoming involved in massive detail of spectrum management. The EU in the telecommunications sector does play a role in harmonizing the availability of radio spectrum. (1) The ESC is preparing an own-initiative opinion on ‘Pluralism and concentration in the media’. (2) COM(1998) 268 final ‘Proposal for a Council Recommendation on the limitation of exposure of the general public to electromag- netic fields 0 Hz-300 GHz’. C 169/6 EN Official Journal of the European Communities 16. 6. 1999 5. 4. The Committee is of the opinion that the EU needs to play an enhanced and better co-ordinated role in spectrum policy by developing a transparent framework that emphasizes the economic, social and political aspect. The technological Brussels, 28 April 1999. side also needs to be integrated into this planning framework, so that in technology and in some instances it will need to predict future technological developments. the latest development takes into account it The President of the Economic and Social Committee Beatrice RANGONI MACHIAVELLI Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No. 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation’ (1) (1999/C 169/03) On 10 March 1999 the Council decided to consult the Economic and Social Committee, under Article 84 of the Treaty establishing the European Community, on the above-mentioned proposal. The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 13 April 1999. The rapporteur was Mr Decaillon. At its 363rd plenary session (meeting of 28 April 1999) the Economic and Social Committee adopted the following opinion by 76 votes to one, with one abstention. 1. Introduction the JARs. Nevertheless, in 1996 the Commission made one amendment necessitated by scientific and technical progress (4) and plans another for 1999. Council Regulation (EEC) No. 3922/91 (2) provides the 1. 1. instrument by which harmonized technical requirements and administrative procedures (JARs) worked out by the Joint Aviation Authorities (JAA) can be incorporated into Com- munity legislation. An amendment proposed in 1996 (3) to include the new JARs on light aircraft and helicopters was blocked by some Member States who wish first to include a common certification procedure in the JAA administrative regulation (JAR 21), specifying implementation procedures for (1) OJ C 44, 18. 2. 1999, p. 10. (2) Council Regulation (EEC) No. 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation — OJ L 373, 31. 12. 91, p. 4 — ESC Opinion — OJ C 159, 17. 6. 1991. (3) Proposal for a Council Regulation (EC) amending Council Regu- lation (EEC) No. 3922/91 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (COM(96) 186 final — 96/0119 (SYN) — ESC Opinion — OJ C 30, 30. 1. 1997. 2. Gist of the Commission document 2. 1. No technical revision of JAR 145 (approved mainten- ance organizations) was possible as the latest amendments adopted by the JAA on Member State recognition of certifi- cation established by third country organizations are incom- patible with Community competencies in this area. 2. 2. Given the European Community’s external competenc- ies as confirmed by European Court of Justice case law, it will have to negotiate and manage appropriate bilateral agreements. This will not be possible in the near future. Consequently, it is proposed (new Article 7 bis) that the Member States be (4) Commission Regulation (EC) No. 2176/96 of 13 November 1996 amending to scientific and technical progress Council Regulation (EEC) No. 3922/91 — OJ L 291, 14. 11. 1996, p. 15