Transcript Introduction to ECC PT1

CEPT
ECC
Electronic Communications Committee
European practices in
trading of spectrum
usage rights
14th Economics of Infrastructures
Conference
Delft University of Technology,
26-27 May 2011
Alexander Gulyaev, ECO
[email protected]
CEPT
CEPT and its Committes
ECC
Electronic Communications Committee
CEPT
ECC
CERP
COM-ITU
The work of CEPT is conducted by three autonomous Committees:
The Electronic Communications Committee (ECC)
The European Committee for Postal Regulation (CERP)
The Committee for ITU Policy (COM-ITU)
CEPT portal: http://www.cept.org
2
CEPT
ECC: Structure and Mission
ECC
Electronic Communications Committee
ECC
ECO
WG FM
WG RA
WG SE
WG NNA
CPG
Frequency
Management
Regulatory
Affairs
Spectrum
Engeneering
Numbering, Naming
Addressing
Conference
Preparatory Group
ECC Mission Statement:
The Electronic Communications Committee (ECC) brings together 48
countries to develop common policies and regulations in electronic
communications and related applications for Europe, and to provide
the focal point for information on spectrum use. Its primary objective
is to harmonise the efficient use of the radio spectrum, satellite
orbits and numbering resources across Europe. It takes an active
role at the international level, preparing common European
proposals to represent European interests in the ITU and other
international organisations.
3
•
•
CEPT
Recent ECC Survey of 2011
ECC
Electronic Communications Committee
The survey sought factual information on the procedures
of trading and leasing of spectrum usage rights
22 European countries responded to the survey
•
ECC Report 169 (published on 25 May 2011) presents
the findings of this study
•
Actual data is summarised in the Report on transactions
in various frequency bands and for different applications
•
Important observation: the role of the regulatory authority
is to ensure that the competition is maintained without
active intervention in the market situation
4
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Existing regulatory framework:
•
CEPT: no recommendations with respect to national
legal frameworks for rights of use
•
EU: harmonised legal framework in the context of
ECN&S: the “Framework” Directive (2002/21/EC
amended by 2009/140/EC) and the “Authorisation”
Directive (2002/20/EC amended by 2009/140/EC)
•
EU Radio Spectrum Policy Group (RSPG) Opinion 04-54
“Secondary trading of rights to use radio spectrum”
(2004)
•
European Frequency Information System (EFIS):
national information on the rights of use
5
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
The EU “Framework” Directive:
•
General authorisations: cannot be transferred as, by definition, the
spectrum can be accessed without individual authorisation and
therefore there is no exclusive right to be traded.
•
Individual rights of use (“licences”): are granted in order to:
•
avoid harmful interference;
•
ensure technical quality of service;
•
safeguard efficient use of spectrum;
•
fulfill other objectives of general interest as defined by Member States in conformity with
Community law
and may be subject to trading.
The European Commission may identify ECN&S bands for which
individual rights may be transferred or leased (except broadcasting).
In other bands the choice to allow secondary trading is left to MS. 6
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
European regulatory landscape and milestones of introducing
secondary trading:
•
4 countries (Cyprus, Estonia, Ireland and Russia) out of the 22 do
not allow secondary trading of spectrum usage rights
•
Trading was allowed in Europe as early as in 1997 in Denmark
(except broadcasting services and military spectrum) and in 1998 in
Switzerland
•
Most European countries introduced trading triggered by the
adoption of the RSPG Opinion 04-54 on “secondary trading”:
Austria, Norway and Sweden (2003), UK and Portugal (2004) and
all other countries that currently allow trading after 2006
7
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Two ‘levels’ of individual authorisations observed in
Europe:
•
National/regional: an authorisation to deploy a network within a
defined frequency band and geographical area (most transactions
registered)
•
Site-specific: an authorisation for a single transmitter (a few
transactions registered)
8
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Typical public information on individual authorisations (available on
the NRA websites or on request) :
•
Reference of the authorisation (licence)
•
Dates of issue and expiration
•
Type of licence
•
Information on licence holder (name and address)
•
Information about the licensed spectrum (exact
frequency bands, optionally other details)
•
Geographical information, transmitter sites
•
Technical data
9
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Some of the observed reasons for revoking individual rights of use:
•
underuse of spectrum, or frequency use has not commenced as prescribed
•
bankruptcy, insolvency of the licensee
•
omission to pay the licence fee
•
change of national frequency plan (refarming)
•
the licensee has been convicted of an offense
•
terms of licence have been breached
•
state commitments to international harmonisation, or frequencies have not
been coordinated in international negotiations
•
need to satisfy public interest, such as media policy, military usage,
emergency services, etc.
•
unlawful use of frequencies that affects the interests of individuals, society
or state
10
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Reported trading options:
Some parameters of licences can be subdivided (namely, the frequency
allotment, the geographical area and the duration of licence) which
gives the possibility of partial transfer of usage rights and has a
potential of increasing the spectrum efficiency:
•
13 countries stated that usage rights can be partially
traded in frequency;
•
11 countries stated that usage rights can be partially
traded in geography;
•
7 countries stated that usage rights can be partially
traded in time
11
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
The typical trading procedure includes:
1. Notification of the intention to trade
2. Publication of the notified information
3. Approval of transaction by NRA
4. Publication of the final transaction
12
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
1. Notification of the intention to trade:
•
consent of the holder of the usage rights
•
information about the seller and the buyer to check that
the competition is not infringed (should indicate whether
the parties are part of the same undertaking)
•
reference information of the usage rights (e.g. licence
number)
•
planned date of the transfer
•
financial and, optionally, other conditions of the transfer
13
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
2. Publication of the notified information:
•
general information about both parties
•
information on the licence (may include frequencies,
technical details, geographical territory)
•
business sensitive information may not be published
14
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
3. Approval of transaction by NRA
The grounds to refuse the transaction may include:
•
negative impact on competition
•
the new licence holder cannot guarantee obligations
associated with the licence;
•
risk of interference
•
jeopardizing the efficient use of spectrum
•
compliance with the state international obligations, and
other reasons
15
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
4. Publication of the final transaction
For EU countries information on the transaction must be
made public and may include:
•
identity of the parties
•
references to the original and the new authorisations
•
date at which the transfer becomes effective
•
geographical area
•
frequency bands
16
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Observed trading activities by application:
•
PMR (9 countries)
•
Fixed wireless access including BWA (12 countries)
•
IMT (8 countries)
•
Fixed links (10 countries)
•
PMSE (prof. radio microphones) (3 countries)
•
Satellites (5 countries)
17
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Reported types of spectrum use for which usage rights may not be
transferred:
•
spectrum assigned to activities relating to defense and security of
the state, or
•
maintenance of the public order, or
•
state emergency services, or
•
civil aviation, or
•
security of railway traffic, or
•
stable and reliable functioning of energy system, or
•
other non-commercial functions of the state (including foreign
affairs) and its institutions
18
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
Other findings of the Report are related to:
•
intensity of trading (how often, how much)
•
advantages and drawbacks of trading
•
impact on competition
•
leasing procedures
19
CEPT
ECC
Electronic Communications Committee
No questions?
Thank you!
20
CEPT
Findings of ECC Report 169
ECC
Electronic Communications Committee
My questions are:
1.
What are the driving forces and the obstacles, at the
current stage, for introduction of spectrum trading in
Europe (administrative, economic or technical?)
2.
Whether it’s time now for European harmonisation of
spectrum trading rules? What are the benefits and would
they offset the drawbacks if the “rules of the game” are
harmonised at the current stage?
21