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UHF2 realignment study - Ofcom Licensing

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eview of the Regulatory Framework for Electronic Communications, the Commission has<br />

signalled its intention to adopt legally binding instruments to:<br />

240689 - 450-470 Study Final Print<br />

Version (Dec08).doc<br />

Achieve the introduction of technology and service neutral spectrum use as a<br />

default position (through the WAPECs concept);<br />

Establish a committee process to identify selected bands for use under<br />

general authorisation;<br />

Develop a common framework for spectrum trading in the EU.<br />

This strategy is aimed at ensuring a common approach within the EU to managing spectrum<br />

resources that will allow innovators to place new technologies on the EU single market<br />

quickly and with legal certainty. By putting in place a common framework across the EU the<br />

costs to organisations of acquiring and using spectrum in Europe on a multi-national and<br />

possibly a pan-European basis are expected to be reduced.<br />

More recently, following two years of consultations with stakeholders, with national<br />

regulators and with users of telecoms services, the Commission has proposed a review of<br />

the telecoms framework 7 . The proposals are due to be debated in the European Parliament,<br />

and by Member State governments in the Council. Once adopted by the EU the revised rules<br />

have to be incorporated into national law before taking effect. The Commission expects the<br />

new framework to be in place from 2010 onwards. The most pertinent part of the telecoms<br />

framework proposals to this <strong>study</strong> is the ‘new deal for Radio spectrum’, where the<br />

commission wish to drive a common approach to radio spectrum management, particularly<br />

for the Digital Dividend. Although the proposals may be a radical change for some European<br />

regulators, the proposals are in the main in line with the UK.<br />

3.4 Electronic Communications Committee (ECC)<br />

Historically, the approach to harmonising spectrum use in Europe has been predominantly<br />

on the basis of Recommendations or Decisions issued by the ECC within CEPT. There are<br />

certain exceptions, such as the spectrum allocated to DECT cordless phones, which is<br />

mandated by an EC Directive. ECC Recommendations are limited in the extent to which they<br />

can support harmonisation, as they are voluntary in nature and there is no obligation on<br />

individual Member States to implement them. ECC Decisions carry greater weight, in that<br />

once Member States have committed to implement the Decision they are obliged to<br />

implement them, usually by means of transposition into national legislation or incorporation<br />

into the national frequency allocation table. However, there is no obligation on Member<br />

States to commit to ECC Decisions.<br />

The ECC Recommendation T/R 25-08: ‘Planning criteria and coordination of frequencies in<br />

the Land Mobile services in the range 29.7 – 960 MHz’ describes the <strong>UHF2</strong> frequency band<br />

7 Proposals for reform of the EU telecoms rules 13 November 2007:<br />

http://ec.europa.eu/information_society/newsroom/cf/itemlongdetail.cfm?item_id=3701<br />

Page 26<br />

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