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Regulatory challenges in assigning scarce resources:
International aspects and how these are implemented at regional and national levels
Adrian GaleaManager, Spectrum Planning & AuthorisationMalta Communications Authority
5 March 2013
Outline of Presentation:
Introduction – General aspects
Spectrum Management in the global context:
ITU
CEPT
European Union
Malta
Concluding remarks
• Liberalised sector
• Demand for spectrum is increasing- new technologies- new radio services- mobile / nomadic applications- advantages of wireless infrastructures
• Technological evolution
• Market players are more competent
• Convergence
Introduction … the changing environment
• Spectrum is a scarce resource and is shared by different services / users (e.g. fixed & satellite)
• Interference – radio waves do not respect national boundaries
• Only relatively small part of spectrum is suitable for certain applications (e.g. broadcasting & mobile): demand for spectrum often exceeds
supply
Introduction… why regulate spectrum?
Outline of Presentation:
Introduction – General aspects
Spectrum Management in the global context:
ITU
CEPT
European Union
Malta
Concluding remarks
Spectrum management in the global context for Malta
CEPT48
European Administr
ations
Harmonised Regional solutions (e.g. GSM,
3G) in CEPT via Decisions, European
Frequency allocations, etc.
ITU193 Member States
Broad categories of usage (allocations) and regulations
(e.g. for co-ordination) agreed at WRCs/RRCs - international
treaty status)
European Union27 Member States
EU Directives, EU Decisions, Regulations, etc.
Malta(Ministry, MCA,
industry, users, etc.)National legislation, policy, strategies,management of spectrum
International Telecommunication Union… general
• Is the United Nations specialized agency for ICTs
• Its supreme organ is the Plenipotentiary Conference
• It has three main areas of activity organized in ‘Sectors’ which work through conferences and meetings:• Radiocommunication
• Telecommunication Standardisation• Next generation networks, IPTV, Security, home
networking, etc…
• Telecommunication Development• Capacity building, bridging the digital divide,
etc…
International Telecommunication Union… WRCs
• Held every 3 to 4 years
• Under the ITU Constitution a WRC can:• Revise the Radio Regulations and any
associated Frequency assignment and allotment Plans
• Address any radiocommunication matter of worldwide character
• Instruct the Radio Regulations Board and the Radiocommunication Bureau, and review their activities
• Determine Questions for study by the Radiocommunication Assembly and its Study Groups in preparation for future Radiocommunication Conferences
The CEPT organisation
The CEPT organisation… the ECC
• Its primary objective is to harmonise the efficient use of the radio spectrum, satellite orbits and numbering resources across Europe: develops Decisions, Recommendations and Reports deliverables are not binding but provide guidance to
countries and industry
• It takes an active role at the international level, preparing common European proposals to represent European interests in the ITU and other international organisations
• The ECC’s approach is strategic, open and forward-looking, and based on consensus between the member countries
• The ECC carries out technical studies for the European Commission through Mandates
• Spectrum matters fall within the Information Directorate-General for Communications Networks, Content and Technology
• Composed of a number of Directorates, the Electronic Policy Directorate deals with radio spectrum policy matters
• Two main groups contribute to the development of spectrum policy for the EU: RSCOM, RSPG
The European Union… General
• Framework Directive (2002/21/EC) on a common regulatory framework for electronic communications networks and services
• Authorisation Directive (2002/20/EC) on the authorisation of electronic communications networks and services
• Access Directive (2002/19/EC) on access to, and interconnection of, electronic communications networks and associated facilities
• Radio Spectrum Decision (2002/676/EC) on a regulatory framework for radio spectrum policy in the European Community
• R&TTE Directive (1999/5/EC) on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity
• RSPP Decision (243/2012/EC) establishing a multi-annual radio spectrum policy programme
• Directives / Decisions harmonising the use of radio frequencies (click here)
The European Union… Main EU legislation
• Established under the Radio Spectrum Decision and chaired by the Commission
• It assists the Commission for the development of technical implementing decisions to ensure harmonised conditions across Europe for the availability and efficient use of radio spectrum
• It develops measures to ensure that information on the use of radio spectrum is provided accurately and in a timely manner
The European Union… Radio Spectrum Committee (RSCom)
Examples:• Decision 2006/771/EC on harmonisation of radio
spectrum for use by short range devices: Amended almost annually to reflect developments in the
sector
• Decision 2007/344/EC on harmonised availability of information regarding spectrum use: http://www.efis.dk/ Contains frequency allocations, applications, assignments
and radio interfaces
• Decision 2009/766/EC on harmonisation of the 900 MHz and 1800 MHz bands for the provision of pan-European services
The European Union… Radio Spectrum Committee (RSCom)
• The RSPG contributes to the development of a Radio Spectrum Policy in the Community
• It takes into account not only technical parameters but also economic, political, cultural, strategic, health and social considerations
• The RSPG adopts opinions, which are meant to assist and advise the Commission on Radio Spectrum Policy issues
• List of RSPG Opinions (click here)
The European Union… Radio Spectrum Policy Group (RSPG)
Examples:• Opinion on the process for EU assistance in bilateral
negotiations with third countries (2012)
• Opinion on the Main themes of WRC-12 of interest for EU-Wide support (2009)
• Opinion on the Digital Dividend (2009)
• Opinion on WAPECS (2005)
The European Union… Radio Spectrum Policy Group (RSPG)
Highlights issues. Regulatory solution.
The EU - CEPT strategy… deliverables establishment process
Input from industry
(ETSI SRDoc)
ECC designates WG/TG/PT
Technical & Regulatory
studies
ECC Decision,ECC Rec.
Specifies technical, operational and spectrum needs
Undergoes Public Consultation
Highlights issues. Regulatory solution.
Spells out timeframe,
TOR, expected
deliverables
The EU - CEPT strategy… deliverables establishment process
Input from industry
(ETSI SRDoc)
ECC designates WG/TG/PT
Technical & Regulatory
studies
CEPT Report, ECC Decision,
ECC Rec.
EC drafts Mandate
RSCOM approves Mandate
RSCOM adopts
EC Decision
Draft EC
Decision
Mandate to
CEPT
Report to EC
Regulatory & Legislative Framework
Specifies technical, operational and spectrum needs
Undergoes Public Consultation
National… Legal and Regulatory foundations
Main Instruments:
• Malta Communications Authority Act (Cap. 418)
• Electronic Communications (Regulation) Act (Cap. 399)
Electronic Communications Networks and Services (General) Regulations (S.L.399.28)
General Authorisations (Radiocommunications Apparatus) Regulations (S.L.399.40)
• National Frequency Plan (NFP)
• Various strategic / policy documents concerning radio frequencies (http://www.mca.org.mt/consultations-and-decisions)
National… Implementation of international deliverables
Why?
• International obligations: EU Decisions, ITU RR
• Spectrum harmonisation: Required for cross-border movement of certain systems
(ships, aircrafts, mobile communications)
Global harmonisation of spectrum usage allows wireless equipment manufacturers in achieving larger economies of scale and operators in achieving a more rapid rollout of new services
National… Implementation of international deliverables
When?
• International deliverables contain implementation timelines: Implementation deadline of EU Decisions is usually 6
months
• National circumstances: Public consultation procedures leading to the establishment
of national regulations / policies
Migration of certain services to other frequency bands: Broadcasting in the 800 MHz band
National… Implementation of international deliverables
How?
• The National Frequency Plan is the main instrument which implements specific international deliverables: Article 5 of the Radio Regulations EU spectrum decisions ECC deliverables ITU Recommendations
• The General Authorisations (Radiocommunications Apparatus) Regulations define the parameters relating to the use of certain radiocommunications equipment
• Conditions attached to individual licences (rights of use)
National… Implementation of international deliverables
Issues…
• Harmonisation could lead to inefficiencies in the form of regulatory delay
• International aspects of spectrum management could not necessarily meet the requirements of a country at that particular time
National… Implementation of international deliverables
Essential ingredients…
• Consultation: Public consultation Workshops with industry, user groups and governmental
entities
• Spectrum strategy: Be aware of international developments (current / planned) Take account of economic, political and social issues Long term planning identifying consequences for the future Comprehensive to sufficiently accommodate national
spectrum requirements, both known and anticipated Have an implementation plan
Outline of Presentation:
Introduction – General aspects
Spectrum Management in the global context: European Union, CEPT, ITU, Malta
Concluding remarks
Concluding Remarks
• Spectrum is a valuable natural and scarce resource: Significant economic and social value to a nation Demand for spectrum is increasing
• Regulators should know the spectrum management environment and adopt accordingly: National and International A flexible spectrum management approach, e.g. neutrality
• Global harmonisation has significant benefits to economies /users, and will ease the market entry of new technologies
• Try to learn and influence in the decision making process: Participate in key groups