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FINAL REPORT - Stakeholders - Ofcom

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Authorisations 31 , Article 6 of the Licensing Directive required fees to cover only the<br />

administrative costs associated with the authorisation scheme but did not require costs to<br />

be apportioned to individual applicants.<br />

Spectrum Charges are charges which reflect the need to ensure the optimal use of scarce<br />

resources. Article 11.2 of the Licensing Directive allowed Member States to levy such<br />

charges on a non-discriminatory basis, taking into particular account the need to foster<br />

the development of innovative services and competition.<br />

These definitions were chosen simply because in adopting the Authorisation Directive<br />

(see 7.2.1.1 below) confusing terminology has been introduced with the terms<br />

administrative charges and spectrum fees in place of administrative fees and spectrum<br />

charges used in the Licensing Directive. The Consultant’s view is that the terminology of<br />

the Licensing Directive is more usually used around the World and has therefore been<br />

retained in this work.<br />

For the purposes of the study we have also defined a third category of payment, namely a<br />

Spectrum Fee, (see also 7.2.9 below) which, whilst being based on the amount and type<br />

of radio spectrum that is licensed, is set by reference to the NRA's overall costs. We<br />

have treated these spectrum fees separately from other administrative fees and included<br />

them in the overall category of spectrum charges, partly because of their direct correlation<br />

with the amount of spectrum used (and hence their potential role in promoting optimal use<br />

of scarce spectrum resources) and partly because in general they do not appear to bear<br />

any obvious correlation with the costs relating to the specific licence or service category<br />

concerned.<br />

Information has been sought on administrative fees and spectrum charges levied by<br />

around 30 countries. The countries selected for investigation and listed in Annex 8 were<br />

selected for their prominence with respect to one or more of the following criteria:<br />

• A major maritime nation;<br />

• A major aeronautical nation;<br />

• A nation with a progressive approach to telecommunications regulation;<br />

• An important regional country or<br />

• A British Crown Dependency (Isle of Man) or UK Dependent Territory (Bermuda)<br />

offering an independent maritime registration regime.<br />

The four principal radiocommunication activities addressed were:<br />

i) Aeronautical Radiodetermination equipment (Radiolocation and Radionavigation)<br />

operating on land and in aircraft and any satellite variants.<br />

ii) Maritime Radiodetermination equipment (Radiolocation and Radionavigation)<br />

operating on land and in ships and any satellite variants.<br />

iii) Aeronautical Radiocommunication equipment operating on land and in aircraft<br />

and any satellite variants<br />

iv) Maritime Radiocommunication equipment operating on land and in ships and any<br />

satellite variants<br />

31 A similar interpretation would arise in the case of some class licensing systems or<br />

where no specific licence is issued e.g. the administrative costs of administering such<br />

schemes may be recovered.<br />

Page 245

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