FINAL REPORT - Stakeholders - Ofcom

To obtain the necessary information a detailed questionnaire (see Annex 9) was
circulated to NRA contact points, in the case of CEPT member countries the public
contact point detailed on the ERO web site and in the case of other countries, to
administrations’ addresses detailed on the ITU web site. The questionnaire was circulated
in February 2004 and a reminder sent in March 2004. Unfortunately only Hong Kong,
Turkey and the United Kingdom had replied in detail by the date of compiling this
Chapter. However a number of administrations replied indicating that human resource
difficulties would not permit them to complete the questionnaire but provided information
on web sites containing information pertinent to the questionnaire. Information was also
gathered from a number of public sources, including other NRA web sites and published
documents.
7.1.1 Structure of the Chapter
The Chapter comprises four main sections, addressing the following specific topics:
i) Licensing regimes for services using spectrum.
ii) Approaches to setting administrative fees and spectrum charges
iii) Conclusions and Trends
7.1.2 Acknowledgements
The authors wish to record their appreciation for the assistance provided by NRA
representatives in the preparation of this report. Completed questionnaires were received
from Hong Kong, Turkey and the United Kingdom. In addition several
NRAs/administrations, although not completing the questionnaire, provided detailed
information in correspondence sent to the Consultant. Where appropriate this information
has also been included.
7.2 Summary of European and National spectrum management
regimes
7.2.1 European Regulatory Framework
The European framework for the licensing and authorisation of radio networks using radio
spectrum falls within the remit of two bodies, namely the European Union (EU) and the
Conference of European Postal and Telecommunications Administrations (CEPT). The
EU framework defines the scope for individual licences and general authorisations and
endeavours to promote a harmonised market for radiocommunication services,
particularly where international mobility is involved. CEPT, whose membership extends
beyond the EU and currently includes 46 countries in the European region, is responsible
for co-ordinating spectrum management and allocation activities at a regional level, within
the global framework defined by the International Telecommunication Union (ITU).
The following sections review briefly the role and activities of the EU and CEPT in relation
to licensing, fees and charges for radiocommunication services.
7.2.1.1 European Union
The former EU regulatory framework for the licensing of telecommunications networks
and services, including those using spectrum, was enshrined in the Licensing Directive
and facilitated an effective transition from monopoly provision of telecommunications
networks and services to a competitive, liberalised environment. The main provisions of
the Licensing Directive which related to licence fees and charges were those in Article 11,
referred to in section 7.1 above.
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