Workshop on Radio Frequencies
International Legal Expert Meeting, 19-20 January 2012
Leiden University, The Netherlands
Gerry Oberst
January 2012
EU Principles for Radio frequencies
1. Legal principles set at the EU level
•
Electronic Communications Regulatory Framework (in effect May
2011 in principle)
 General regulatory principles – Framework Dir. Article 8
 Framework Dir. Articles specific to spectrum management
 Individual rights of use – Authorisation Dir. Article 5
•
Competition rules – large impact on spectrum decisions
•
Radio Spectrum Policy Programme (policy to 2014)
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2
Expanding Impact of Competition Rules
2. Framework and new RSPP provisions
Original framework
2009 Framework
The RSPP
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The 2002 Framework contained mainly general
references to the need to promote competition,
with limited direct application to spectrum
regulation.
The 2009 amendments to the regulatory
framework greatly expanded rules for planning,
management and review in spectrum policy.
Also expanded application of competition law
concepts applied to spectrum regulation.
The RSPP will even further expand application
of competition law concepts applied to
spectrum regulation and give the Commission
new tools for regulation / harmonisation
3
Radio Spectrum Policy Programme
3. RSPP Article 5 "Competition"
1. Member States shall promote effective competition and shall avoid distortions of
competition in the internal market for electronic communications services...
2. Member States may adopt, inter alia, the following measures:
a) Spectrum Caps or conditions
b) Reserve bands for new entrants
c) Conditions on transfers or accumulations
d) Amend existing rights of use – anti-hoarding
3. ***
4. Member States shall ensure that the authorisation and selection procedures for
electronic communications services promote effective competition for the benefit of
citizens, consumers and businesses in the Union.
.
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4
Competition Standards for Spectrum Regulation
"Ensure no distortion
or restriction on
competition"
4. Standards
for competition
assessments
Framework Directive,
Art. 8(2)(b)
"Safeguard
competition to the
benefit of
consumers"
Framework Directive,
Art. 8(5)(c)
"Promote
competition"
Framework Directive,
Art. 8(2)(b)
The big
picture
Are all these
saying the
same thing ?
Take "appropriate
measures to
promote fair
competition"
"Promote effective
competition" and
avoid distortions of
competition
RSPP, Art. 5(1)
Framework Directive,
Art. 9a(3)
"Facilitate
development of
competition"
Probably not
Authorisation
Directive, Art. 7(1)(a)
Regulate transfers
"likely to result in
significant harm to
competition"
RSPP Art. 5(2)(d)
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Avoid accumulations
that result in
"significant harm to
competition"
RSPP Art. 3(i) or
which "distort
competition"
RSPP Art. 5(2)(e)
5
Competition Standards for Spectrum Regulation
"Promote
effective
competition"
and avoid
distortions of
competition
Art. 5(1)
4. Standards
for competition
assessments
(cont'd)
The RSPP
picture
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Avoid
accumulations that
result in "significant
harm to
competition" Art. 3(i)
or
which "distort
competition"
Art. 5(2)(e)
Regulate transfers
"likely to result in
significant harm to
competition"
Art. 5(2)(d)
6
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