Some European Commission proposals for a more harmonised radio spectrum policy may not get past the Council of the EU.
A working document from the Council secretariat listing the positions of thirteen member states reveals wide opposition to extending the duration of licences.
This opposition was deplored by Digital Agenda Commissioner Andrus Ansip on Friday 5 May. He said the Commission hadn’t asked all that much, proposing greater cooperation on the spectrum. He added that what was needed was a sense of urgency at the Council.
In September 2016, the European Commission unveiled modernisation plans for telecoms rules, which were amended most recently in 2009 (see EUROPE 11624). Its initiative is two-pronged: - a directive on the communications code (rehashing the framework directive, the authorisation directive, the access directive and the universal service directive); and a regulation on the Body of European Regulators for Electronic Communications (BEREC).
Various letters to the Commission
The member states are mostly concerned about the proposals on spectrum management.
In an initial letter published in early April by Euractiv, fifteen member states (led by Germany) complain about what they describe as over-prescriptive proposals from the Commission in this domain, suggesting a focus on implementing existing principles rather than introducing new ‘detailed and complex’ measures that would hold back development of 5G.
A second document with the positions of thirteen member states (also published by Euractiv) repeated this message. Broadly, the member states oppose any extension of the duration of licences to 25 years, as recommended by the European Commission. At present, the average duration of a licence is between ten and fifteen years.
The group of thirteen member states does not support the peer assessment mechanisms that are supposed to allow BEREC to examine aspects of regulation in terms of the market and the economy for national spectrum assignation projects and neither do these member states back the idea of making opinions non-binding.
Ansip said: ‘We are very concerned about the position of several national Ministers in regard of Commission spectrum proposals in the European Electronic Communications Code. The position of these Ministers contradicts the conclusions their leaders made on the European Council of 28 June 2016, which called for swift and determined progress to create the right conditions for stimulating new business opportunities by better spectrum co-ordination.’ He added that income raised by auctions would always be handed to the member states.
The Commissioner is backed by incumbent telecoms operators. Lise Fuhr, director general of ETNO, said: “Without spectrum reform there is no 5G. We cannot afford missing out on this major source of societal and economic growth”.
European Parliament to vote in mid-July
Work is continuing at the European Parliament's industry committee, which is responsible for this issue, drawing up compromise amendments.
A close source says the duration of licences is not the most problematic issue at present, since MEPs are just as concerned about access and consumer protection rules.
We understand that a number of amendments promised by the Social Democrat group may adjust proposals on wholesale price flexibility and encouragement for co-investment, in opposition to the views of the rapporteur, Pilar del Castillo (EPP, Spain). The internal market committee’s rapporteur, Dita Charanzova (ALDE, Czech Republic), suggests the demands placed on operators by 'over the top players' or OTT should be eased and international calls should be regulated.
We understand that Parliament's industry committee is planning to publish its position on 11 July and call for a negotiating mandate. The Council is due to adopt a progress report at its meeting of 9 June. (Original version in French by Sophie Petitjean)