FINAL REPORT - Stakeholders - Ofcom

Increasing convergence between telecommunication, information technology,
broadcasting and other media sectors prompted the Commission to review the regulatory
framework for all forms of electronic communication (the "1999 Review"). The 1999
Review concluded that all transmission networks and services for electronic
communication should be covered by a single regulatory framework, and a package of
legislative measures has been proposed by the Commission to this effect.
The new regulatory framework for electronic communications networks and services were
applied in all Member States from 25 July 2003 and comprises the following five
Directives:
i) On a common regulatory framework for electronic communication networks
and services (the Framework Directive 2002/21/EC);
ii) On the authorisation of electronic communications networks and services
(the Authorisation Directive 2002/20/EC);
iii) On access to, and interconnection of, electronic communication networks
and associated facilities (2002/19/EC);
iv) On universal service and users' rights relating to electronic communications
networks and services (2002/22/EC); and
v) On the processing of personal data and the protection of privacy in the
electronic communications sector (2002/58/EC).
In addition, a new Decision on a regulatory framework for radio spectrum in the
Community has been adopted (the Spectrum Decision), to establish a procedural
framework for the development of spectrum policy and harmonisation of radio frequencies
(through the use of comitology procedures). The scope of the Spectrum Decision is not
limited to electronic communication services but extends to other internal market policy
areas such as transport and R&D.
The Authorisation Directive 32 requires NRAs to issue general authorisations for all
electronic communication networks and services, but allows for individual rights of use to
be granted for radio spectrum where this is necessary, for example to avoid harmful
interference. NRAs may limit the number of such rights of use only where this is
necessary to ensure the efficient use of radio frequencies.
Article 12.1 of the Authorisation Directive requires administrative charges 33 in respect of
this for general authorisations and rights of use to cover only the following:
"administrative costs which will be incurred in the management, control and enforcement
of the applicable general authorisation scheme and of rights of use […], which may
include costs for international co-operation, harmonisation and standardisation, market
analysis, monitoring compliance and other market control, as well as regulatory work
involving preparation and enforcement of secondary legislation and administrative
decisions…".
Article 12.1(b) goes on to state that such charges shall:
32 Council common position adopted on 17 September 2001.
33 Note this is a change in terminology from the Licensing Directive, which defined such
payments as Administrative Fees. Administrative Fee is the terminology adopted in this
report.
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