13 member states' comments on spectrum · telecom working paper this is ... spectrum...

WK 4679/2017 INITLIMITE EN

Brussels, 24 April 2017

WK 4679/2017 INIT

LIMITE

TELECOM

WORKING PAPER

This is a paper intended for a specific community of recipients. Handling andfurther distribution are under the sole responsibility of community members.

MEETING DOCUMENT

From: General Secretariat of the CouncilTo: DelegationsSubject: CODE - SPECTRUM consolidated comments (doc. 6701/17)

Delegations will find in the annex the consolidated comments on Spectrum as received from thefollowing delegations: CZ, ES, HR, HU, LV, AT, SE, PL, IT, UK, LT, FR and SK.

Please note that comments from other delegations have been circulated separately:DE - WK 4666/17NL - WK 4668/17FI - WK 4669/17BE - WK 4674/17

EECC

- Presidency Text SPECTR

UM

- 6701/17 complem

ented with relevant recitals

D

eadline for Response: 21 A

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PR

ESID

EN

CY

TE

XT

MS

DR

AFT

ING

SU

GG

EST

ION

S AN

D C

OM

MEN

TS

Recitals 30-32, 53, 54, 67, 68, 70, 71, 84-86, 93-96, 101-128,

132-143

Articles: 4, 19, 28, 30, 35-37, 42, 45-56, 59(3)

Annex I and A

nnex II

General C

omm

ents A

T

(Com

ments):

We share the view

of the Com

mission that the dem

and for spectrum

is

growing

significantly due

to the

increase in

wireless

traffic driven

by existing

and new

services

and applications and the forthcom

ing development of 5G

. In order to m

eet the increasing spectrum needs, it is im

portant to use the resource efficiently. W

e generally support the aim of the

proposal to ensure a quicker access to spectrum for European

industry, to create more coordinated assignm

ent procedures and licensing conditions and to adjust spectrum

managem

ent to

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support future usage and the development of 5G

. The proposed European Electronic C

omm

unication Code, how

ever, is to som

e extend to far-reaching which could risk the com

pletion of these aim

s. The proposal, which com

prises both an enhanced role for the EC

regarding spectrum and changes at governance

level, is based on a perception that the current structure is not sufficient to reach the objectives of the D

igital Single Market

and that there is a need for more harm

onisation/coordination.

We recognize the benefits of coordination to enable spectrum

harm

onization, to

deliver econom

ies of

scale and

interoperability and

we

have long

seen benefits

from

cooperation around spectrum m

anagement. H

owever w

e do not believe that a m

ore detailed EU legislation, especially not a

very strict

legislation, or

further regulatory

centralisation necessarily

would

improve

the effectiveness

of spectrum

m

anagement in the EU

.

As far as the basic objectives are concerned, it m

ust be pointed out that one key objective w

ith regard to an optimal use of the

scarce resource spectrum is m

issed in critical parts of the code nam

ely the objective to ensure an efficient use of spectrum. To

our understanding the objective to ensure an efficient use of spectrum

is a key guiding principle that has to be taken into account for alm

ost all technical and economic considerations in

the context of spectrum regulation. This is to the sam

e extent relevant for the allocation of harm

onized spectrum for EC

S then

for the

assignment

of spectrum

and

many

further regulatory decisions.

In a number of cases the C

omm

ission bestows upon itself the

power to issue im

plementing acts to stipulate exactly how

the

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Mem

ber States must interpret, balance and im

plement the new

tasks and requirem

ents that limits national flexibility. W

hile som

e proposals taken in isolation might appear relatively

benign, read together they represent a large shift in competence

away from

Mem

ber States. Generally speaking, the proposals

would extend U

nion powers of oversight and intervention

beyond (current) technical harmonization m

easures necessary for the effective and efficient use of spectrum

for ECS, and into

areas that have traditionally been the preserve of Mem

ber States, such as assignm

ent, award, com

petition assessment,

license duration and spectrum utilization. In general the

implem

enting measures are particularly critical w

here national flexibility is particularly im

portant.

LT

(Com

ments):

Radio Spectrum

(RS) issue is especially sensitive topic for the

countries that boarders with third non-EU

states as there is a need for extra coordination for the tim

e and availability of the R

S. Those EU M

S cannot start using spectrum w

ith the rest of the EU

.

RS

is an

important

part, but

only pre-condition

for the

development

of the

electronic com

munications

service. Looking at the services available to the users in the EU

it is not clear w

hy spectrum coordination and m

anagement system

, including institutional rights and balance, m

ust be changed?

Some of the proposal of the EC

would increase bureaucracy

and administrative burden, etc.

We are against further harm

onization of the RS coordination

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and managem

ent rules. RS is a lim

ited national recourse of the M

S, where M

S must have a decision role in how

to use and m

anage it to attain strategic plans and goals. For that matter,

EU should base its regulatory fram

ework in R

S on principles of proportionality and subsidiarity that suggest that problem

s should be tackled on the low

est effective level, which is

competent authorities of the M

S.

SPECTR

UM

REC

ITALS

(30) Strategic

planning, coordination

and, w

here appropriate, harm

onisation at U

nion level can help

ensure that spectrum users derive the full benefits of the

internal m

arket and

that

Union

interests

can be

effectively defended

globally. For

these purposes,

where

appropriate, legislative

multiannual

radio spectrum

policy

programm

es m

ay be

adopted

, with the first

one defined by Decision N

o 243/2012/EU of the European

Parliament and of the C

ouncil 1,

setting out policy

orientations and

objectives for

the strategic

planning and

harmonisation

of the

use of

radio spectrum

in

the U

nion . These policy orientations and objectives m

ay refer to the availability and efficient use of radio spectrum

necessary for the establishm

ent and functioning of the internal m

arket , in accordance w

ith this Directive

.

HR

(Drafting):

Delete:

“, with

the first

one defined

by D

ecision N

o 243/2012/EU

of the European Parliament and of the C

ouncil,”

HR

(Com

ments):

We do not see the need to accent in the recital the first

multiannual radio spectrum

policy programm

e. Maybe put this

information in footnote.

UK

1

OJ L 81, 21.3.2012, p. 7.

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(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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(31)

National

borders are

increasingly irrelevant

in determ

ining optim

al radio

spectrum

use.

U

ndue fragm

entation am

ongst national

policies regarding

the m

anagement of radio spectrum

, including unjustified different conditions for access to, and use of, radio spectrum

according to the type of operator, m

ay result in increased costs and lost

market opportunities for spectrum

users. It m

ay slow

dow

n innovation, lim

it investment, reduce econom

ies of scale for m

anufacturers and operators as well as create tensions

between rights holders and discrepancies in the cost of access to

spectrum. This fragm

entation may overall result in a distortion

of the functioning of the internal m

arket and prejudice

to consum

ers and the economy as a w

hole.

HR

(Drafting):

Reserved, rew

ording is necessary.

HR

proposes to delete following: “regarding the m

anagement

of radio spectrum, including unjustified different conditions for

access to, and use of, radio spectrum according to the type of

operator,”

HR

(Com

ments):

HR

is

reserved regarding

the proposed

way

forward

in harm

onizing the spectrum usage. R

elevant provisions of EECC

in this respect have been drafted considering that harm

onisation is also needed in the area of m

anagement of spectrum

awards,

conditions, fees and so on, based on the reasons stipulated in recital 31. This due to the reasons that differences in these areas underm

ine optimal radio spectrum

usage. How

ever according to current situation in spectrum

usage in mem

ber states this does not seem

to be the case. We consider that m

anagement of

spectrum m

ust be decided upon national circumstances, and not

subject to strict uniformed rules w

hich could in the end result in hindering developm

ent in mem

ber states. Harm

onisation should only rem

ain regarding the harmonised usage of spectrum

bands but not regarding the actual conditions of access to these bands,

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that should

be subject

to national

decisions. Therefore

rewording of this paragraph is needed because it does not

reflect the current situation.

Also it is not entirely clear in w

hat way tensions betw

een rights holders

are created.

Therefore, in

order to

avoid m

isunderstandings we suggest deleting this part of the text.

Furthermore, w

e disagree that costs of the spectrum should be

harmonised

considering that

national circum

stances (for

example dem

and) defines the cost of certain spectrum band in

mem

ber states. We definitely w

ould like to highlight that costs of spectrum

cannot be harmonized, therefore this m

ust not be prerogative of the harm

onization of spectrum usage.

National borders are increasingly irrelevant in determ

ining optim

al radio spectrum use.

Undue fragm

entation amongst

national policies regarding the m

anagement of radio

spectrum, including unjustified different conditions for access

to, and use of, radio spectrum according to the type of

operator, may

result in increased costs and lost market

opportunities for spectrum users.

It may

slow dow

n innovation,

limit investm

ent, reduce economies of scale for

manufacturers and operators as w

ell as create tensions between

rights holders and discrepancies in the cost of access to spectrum

. This fragmentation m

ay overall result in a distortion of the functioning

of the internal market

and prejudice to

consumers and the econom

y as a whole.

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UK

(Com

ments):

There is no evidence to support the statements m

ade in the new

text. In particular, to say that the differences in licence conditions are unjustified does not take into account national priorities.

There is certainly no evidence that the current situation has lim

ited investment.

FR

(Drafting):

FR

(Drafting):

(31)

National borders are increasingly irrelevant in

determining

optimal

radio spectrum

use.

Undue

fragmentation am

ongst national policies regarding the

managem

ent of

radio spectrum

, including

unjustified different conditions for access to, and use of, harm

onised radio spectrum

according to the type of operator, may

result in increased costs and lost m

arket opportunities for spectrum

users. It m

ay slow

down innovation,

limit

investment,

reduce econom

ies of

scale for

manufacturers and operators as w

ell as create tensions betw

een rights holders and discrepancies in the cost of access to spectrum

. This fragmentation m

ay overall result in a distortion of the functioning

of the internal market

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and prejudice to consum

ers and the economy as a

whole.

FR

(Com

ments):

FR

(Com

ments):

Justification: Les autorités françaises proposent le retrait de ce

considérant qui

n’est pertinent

que pour

les bandes

harmonisées. Le sujet n’est pas la différence selon l’opérateur

mais selon le pays.

Il est impo rtant de noter qu’il ne s’agit que de l’intérêt de

développer des conditions techniques harmonisées pour le

marché intérieur. Les questions de coordination aux frontières

n’ont pas d’impact sur les conditions techniques harm

onisées.

(32) The spectrum

managem

ent provisions of this Directive

should be consistent with the w

ork of international and regional organisations dealing w

ith radio spectrum m

anagement, such as

the International Telecomm

unications Union (ITU

) and the European

Conference

of Postal

and Telecom

munications

Adm

inistrations (C

EPT), so

as to

ensure the

efficient m

anagement of and harm

onisation of the use of spectrum

across the U

nion and betw

een the Mem

ber States and other m

embers of the ITU

.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

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No com

ments

(53) M

ember States m

ay need to amend rights, conditions,

procedures, charges and fees relating to general authorisations and rights of use w

here this is objectively justified. Such changes should be duly notified to all interested parties in good tim

e, giving them adequate opportunity to express their view

s on any such am

endments.

Taking into account the need to ensure legal certainty and to prom

ote regulatory predictability, any restriction or w

ithdrawal of existing rights of use for radio

spectrum or to install facilities should be subject to predictable

and transparent procedures; hence stricter requirements or a

notification mechanism

could be imposed w

here rights of use have been assigned pursuant to com

petitive or comparative

procedures. Unnecessary procedures should be avoided in case

of minor am

endments to existing rights to install facilities or to

use spectrum w

hen such amendm

ents do not impact on third

parties' interests. The change in the use of spectrum as a result

of the

application of

technology and

service neutrality

principles should not be considered a sufficient justification for a w

ithdrawal of rights since it does not constitute the granting

of a new right.

PL

(Drafting):

(53) M

ember States m



here this is objectively justified. Such changes should be duly notified to all interested parties in good appriopriate tim

e, giving them adequate opportunity to express

their views on any such am

endments.



ithdrawal of existing rights of

use for radio spectrum or to install facilities should be subject

to predictable

and transparent

procedures; hence

stricter requirem

ents or a notification mechanism

could be imposed

where rights of use have been assigned pursuant to com

petitive or com

parative procedures. Unnecessary procedures should be

avoided in case of minor am

endments to existing rights to

install facilities or to use spectrum w

hen such amendm

ents do not im

pact on third parties' interests. The change in the use of spectrum

as a result of the application of technology and service

neutrality principles

should not

be considered

a sufficient justification for a w

ithdrawal of rights since it does

not constitute the granting of a new right.

UK

(Drafting):

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53) M

ember States m



here this is objectively justified. Such changes should be duly notified to all interested parties in good tim

e, giving them adequate opportunity to express their view

s on any such am

endments.



ithdrawal of existing rights of use for radio

spectrum or to install facilities should be subject to predictable

and transparent procedures; hence stricter requirements or a

notification mechanism

could be imposed w

here rights of use have been assigned pursuant to com


procedures. Unnecessary procedures should be avoided in case

of minor am

endments to existing rights to install facilities or to

use spectrum w

hen such amendm

ents do not impact on third

parties' interests. The change in the use of spectrum as a result

of the application of technology and service neutrality principles should not be considered a sufficient justification for a w

ithdrawal of rights since it does not constitute the granting

of a new right.

UK

(Com

ments):

Consider the proposed deletions as text w

hich is unnecessary

(54) M

inor amendm

ents to rights and obligations are those am

endments w

hich are mainly adm

inistrative, do not change the substantial nature of the general authorisations and the

UK

(Drafting):

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individual rights of use and thus cannot cause any comparative

advantage to the other undertakings. N

o recomm

ended changes

UK

(Com

ments):

No com

ments

(67) Lack of coordination betw

een Mem

ber States when

organising the use of spectrum in their territory can create

large-scale interference

issues severely

impacting

the developm

ent of the Digital Single M

arket. Mem

ber States should take all necessary m

easures to avoid cross-border and harm

ful interference and cooperate with each other to that end.

Upon

request of

one or

more

Mem

ber States

or of

the C

omm

ission, the Radio Spectrum

Policy Group should be

tasked with supporting the necessary cross-border coordination.

Building

on R

SPG's

proposed solution,

an im

plementing

measure m

ay be required in some circum

stances to definitively resolve cross-border interferences or to enforce under U

nion law

a coordinated solution agreed by two or several M

ember

States in bilateral negotiations.

PL

(Drafting):


een Mem

ber States when



issues severely

impacting

the developm


arket. Mem




Upon

request of

one or

more

Mem

ber States

or of

the C

omm



tasked with supporting the necessary cross-border coordination.

Building

on R

SPG's

proposed solution,

an im

plementing

measure m

ay be required in some circum


nion law

a coordinated solution agreed by two or several M

ember

States in bilateral negotiations.

PL

(Com

ments):

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Mem

ber States already cooperate with each other w

ithin the R

SPG and dedicated “G

ood Office” W

orking Group w

hich is suited to assist in bilateral negotiation betw

een EU countries.

There’s no need for any additional regulation in this area, especially such, that gives the C

omm

ission the possibility to initiate the process of cross-border coordination w

ithout prior cooperation w

ith interested parties. There’s no indication that C

omm

ission should cooperate with M

ember State(s) prior to

request to the RSPG

. The extraordinary power given to the

Com

mission m

ay undermine the national com

petences in this area. The necessary solutions are already in place w

ithin the existing R

SPP.

UK

(Drafting):

67) Lack of coordination betw

een Mem

ber States when


large-scale interference issues severely impacting the

development of the D

igital Single Market. M

ember States

should take all necessary measures to avoid cross-border and

harmful interference and cooperate w

ith each other to that end. U

pon request of one or more M

ember States or of the

Com

mission, the R

adio Spectrum Policy G

roup should be tasked w

ith supporting the necessary cross-border coordination., B

uilding on RSPG

's identifying a proposed solution., an im

plementing m

easure may be required in som

e circum


nion law a coordinated solution agreed by

two or several M

ember States in bilateral negotiations.

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UK

(Com

ments):

The first part of the paragraph suggests that lack of coordination is a m

jor issue when it isn’t. C

an’t support any reference to an im

plementing m

easure

FR

(Drafting):

FR

(Drafting):


een Mem

ber States when



issues severely

impacting

the developm


arket. Mem




Upon request of one or m

ore Mem

ber States or of the C

omm



tasked to identify relevant solutions to solvey cross-border coordination

issue. W

hen recom

mended

by R

SPG

and bB

uilding on RSPG

's proposed solution, an implem

enting m

easure may be required in som

e circumstances to definitively

resolve cross-border interferences or to enforce under Union

law a coordinated solution agreed by tw

o or several Mem

ber States in bilateral negotiations.

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D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

FR

(Com

ments):

FR

(Com

ments):

Justification: C

et am

endement

porte sur

l’alignement

des m

odifications apportées à l’article 28 sur la coordination aux frontières.

(68) The

Radio

Spectrum

Policy G

roup (R

SPG)

is a

Com

mission high-level advisory group w

hich was created by

Com

mission

Decision

2002/622/EC2

to contribute

to the

development

of the

internal m

arket and

to support

the developm

ent of a Union-level radio spectrum

policy, taking into account econom

ic, political, cultural, strategic, health and social considerations, as w

ell as technical parameters. It should

be composed of the heads of the bodies that have overall

political responsibility for strategic spectrum policy. It should

advise the Com

mission in developing strategic objectives,

priorities and

roadmaps

for spectrum

policy.

This should

further increase the visibility of spectrum policy in the various

EU policy areas and help to ensure cross-sectorial coherence at

national and Union level. It should also provide advice to the

European Parliam

ent and

the C

ouncil upon

their request.

HR

(Drafting):

Replace “heads of the bodies” w

ith “high level experts”

HR

(Com

ments):

Proposed change is in line with A

rticle 3 of the Decision

2002/622/EC. In addition, H

R deem

s that RSPG

mem

bers should in first place have adequate expertise in the field of spectrum

managem

ent and not necessarily be heads of the N

RA

`s or other relevant bodies in question.

2

Com

mission D

ecision 2002/622/EC of 26 July 2002 establishing a R


roup (OJ L 198 , 27/07/2002, p. 49).

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, AT, SE, PL, IT, U

K, L

T, FR and SK

16 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

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T IN T

HE LE

FT HA

ND

CO

LU

MN

Moreover,

the R

SPG

should also

be the

forum

for the

coordination of implem

entation by Mem

ber States of their obligations related to radio spectrum

under this Directive and

should play a central role in fields essential for the internal m

arket such as cross-border coordination or standardisation. Technical or expert w

orking groups could also be created to assist plenary m

eetings, at which strategic policy is fram

ed through senior-level representatives of the M

ember States and

the Com

mission.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):

(68) The

Radio

Spectrum

Policy G

roup (R

SPG)

is a

Com

mission high-level advisory group w

hich was created by

Com

mission

Decision

2002/622/EC3

to contribute

to the

development

of the

internal m

arket and

to support

the developm

ent of a Union-level radio spectrum

policy, taking into account econom

ic, political, cultural, strategic, health and social considerations, as w

ell as technical parameters. It should

be composed of the heads of the bodies that have overall

political responsibility for strategic spectrum policy. It should

advise the Com

mission in developing strategic objectives,

3

Com

mission D

ecision 2002/622/EC of 26 July 2002 establishing a R


roup (OJ L 198 , 27/07/2002, p. 49).

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

17 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

priorities and

roadmaps

for spectrum

policy.

This should

further increase the visibility of spectrum policy in the various

EU policy areas and help to ensure cross-sectorial coherence at

national and Union level. It should also provide advice to the

European Parliam

ent and

the C

ouncil upon

their request.

Moreover,

the R

SPG

should also

be the

forum

for the

coordination of implem

entation by Mem

ber States of their obligations related to radio spectrum

under this Directive and

should play a central role in fields essential for the internal m

arket and spectrum policy issues such as cross-border

coordination or

standardisation. T

echnical or

expert w

Working groups could also be created to assist plenary

meetings, at w

hich strategic policy is framed through senior-

level representatives

of the

Mem

ber States

and the

Com

mission.

FR

(Com

ments):

FR

(Com

ments):

Justification: Le cadre d’expertise du RSPG n’est pas restreint

au marché interieur.

(70)

Com

petent authorities should be able to m

onitor and secure com

pliance with the term

s and conditions of the general authorisation

and rights of use,

and in particular to ensure effective and efficient use of spectrum

and

UK

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

18 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

compliance w

ith coverage and quality of service obligations, through

financial or administrative penalties

including injunctions and w

ithdrawals of rights of use

in the event of breaches of those term

s and conditions. U

ndertakings should provide the m

ost accurate and complete inform

ation possible to com

petent authorities to allow them

to fulfil their surveillance tasks. In order to avoid the creation of barriers to entry in the m

arket, nam

ely through

anti-competitive

hoarding, enforcem

ent of

conditions attached

to spectrum

rights

by M

ember

States should

be im

proved and

all com

petent authorities

beyond national

regulatory authorities

should participate.

Enforcem

ent conditions

should include

the application of a "use it or lose it" solution to counter-balance long duration of rights. For that purpose, trading and leasing of spectrum

should be considered as modalities w

hich ensure effective use by the original right holder. In order to ensure legal certainty in respect of possible exposure to any sanction for lack of use for spectrum

, thresholds of use, among others in

terms of tim

e, quantity or identity of spectrum, should be

defined in advance.

(70) M

ember States or their national

Ccom

petent

authorities should be able to monitor and secure com

pliance w

ith the terms and conditions of the general authorisation

and rights of use,

and in particular to ensure effective and efficient use of spectrum

and compliance w

ith coverage and quality of service obligations, through

financial or adm

inistrative penalties including injunctions

and withdraw

als of rights of use in the event of breaches of

those terms and conditions.

Undertakings should provide the

most accurate and com

plete information possible to com

petent authorities to allow

them to fulfil their surveillance tasks. In

order to avoid the creation of barriers to entry in the market,

namely through anti-com

petitive hoarding, enforcement of

conditions attached to spectrum rights by M

ember States should

be improved and all com

petent authorities beyond national regulatory authorities should participate. Enforcem

ent conditions should include the application of a "use it or lose it" solution to counter-balance long duration of rights. For that purpose, trading and leasing of spectrum

should be considered as m

odalities which ensure effective use by the original right

holder. In order to ensure legal certainty in respect of possible exposure to any sanction for lack of use for spectrum

, thresholds of use, am

ong others in terms of tim

e, quantity or identity of spectrum

, should be defined in advance.

UK

(Com

ments):

Can’t support any reference to U

se it or Lose it

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, AT, SE, PL, IT, U

K, L

T, FR and SK

19 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(71) The conditions, w

hich may be attached to general

authorisations and

individual rights of use,

should be limited to w

hat is strictly necessary to ensure com

pliance with requirem

ents and obligations under national law

and U

nion law

.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(84) B

y virtue of their overall economic expertise and m

arket know

ledge, and of the objective and technical character of their assessm

ents, and in order to ensure coherence with their other

tasks of

market

regulation, national


should determine the elem

ents of selection procedures and the conditions attached to the rights of use for spectrum

which have

the greatest impact on m

arket conditions and the competitive

situation, including conditions for entry and expansion. That includes for exam

ple the parameters for econom

ic valuation of spectrum

in compliance w

ith this Directive, the specification of

the regulatory and market-shaping m

easures such as the use of spectrum

caps or reservation of spectrum or the im

position of w

holesale access

obligations, or

the m

eans to

define the

coverage conditions

attached to

rights of

use.

A

more

convergent use and definition of such elements w

ould be favoured by a coordination m

echanism w

hereby BER

EC, the

Com

mission and the national regulatory authorities of the other

Mem

ber States would review

draft measures in advance of the

HR

(Drafting):

Delete:

“A

more

convergent use

and definition

of such

elements w

ould be favoured by a coordination mechanism

w

hereby BER

EC, the C

omm

ission and the national regulatory authorities of the other M

ember States w

ould review draft

measures in advance of the granting of rights of use by a given

Mem

ber State in parallel to the national public consultation. The m

easure determined by the national regulatory authority

can only be a subset of a wider national m

easure, which m

ay m

ore broadly consist of the granting, trade and lease, duration, renew

al or the amendm

ent of rights of use for radio spectrum as

well as of the selection procedure or the conditions attached to

the rights of use. Therefore, when notifying a draft m

easure, national regulatory authorities m

ay provide information on

other draft national measures related to the relevant selection

procedure for limiting rights of use for radio spectrum

which

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

20 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

granting of rights of use by a given Mem

ber Statein parallel to the national public consultation. The m

easure determined by

the national regulatory authority can only be a subset of a wider

national measure, w

hich may m


al or the amendm

ent of rights of use for radio spectrum

as well as of the selection

procedure or the conditions attached to the rights of use. Therefore, w

hen notifying a draft measure, national regulatory

authorities may provide inform

ation on other draft national m

easures related to the relevant selection procedure for limiting

rights of use for radio spectrum w

hich are not covered by the peer review

mechanism

.

are not covered by the peer review m

echanism.”

HR

(Com

ments):

The review procedure overburdens m

ember states and w

ould create unnecessary prolongation of the selection process.

PL

(Drafting):

(84) B

y virtue of their overall economic expertise and m

arket know

ledge, and of the objective and technical character of their assessm

ents, and in order to ensure coherence with their other

tasks of

market

regulation, national


should determine the elem

ents of selection procedures and the conditions attached to the rights of use for spectrum

which have

the greatest impact on m

arket conditions and the competitive




in compliance w





position of w

holesale access

obligations, or

the m

eans to

define the

coverage conditions

attached to

rights of

use.

A

more

convergent use and definition of such elements w

ould be favoured by a coordination m

echanism w

hereby BER

EC, the

Com

mission and the national regulatory authorities of the other

Mem


draft measures in advance of the

granting of rights of use by a given Mem

ber Statein parallel to the national public consultation. The m

easure determined by

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

21 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

the national regulatory authority can only be a subset of a wider

national measure, w

hich may m


al or the amendm

ent of rights of use for radio spectrum

as well as of the selection

procedure or the conditions attached to the rights of use. Therefore, w

hen notifying a draft measure, national regulatory

authorities may provide inform

ation on other draft national m

easures related to the relevant selection procedure for limiting

rights of use for radio spectrum w

hich are not covered by the peer review

mechanism

.

PL

(Com

ments):

There’s no

justification for

review

procees thus

granting additional rights to the C

omm

ission and which w

ould indeed run pararell to the national consultations. It underm

ines the com

petences of the NR

A and it’s unclear w

heather the outcome

of the review m

ust be taken in consideration by the MS. W

e strongly favour the delation of this sentence.

UK

(Drafting):

By virtue of their overall econom

ic expertise and market

knowledge, and of the objective and technical character of their

assessments, and in order to ensure coherence w

ith their other tasks of m

arket regulation, national regulatory authorities should determ

ine the elements of selection procedures and the

conditions attached to the rights of use for spectrum w

hich have the greatest im

pact on market conditions and the com

petitive

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U, LV

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K, L

T, FR and SK

22 PL

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DD

OR

DE

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NY

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OL

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T IN T

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FT HA

ND

CO

LU

MN




in compliance w





position of w

holesale access obligations, or the means to define the

coverage conditions attached to rights of use. Mem

ber States should have the opportunity to seek peer review

from BEREC,

RSPG or any other suitable organisation on a voluntary

basis.A m

ore convergent use and definition of such elements

would be favoured by a coordination m

echanism w

hereby B

EREC

, the Com

mission and the national regulatory

authorities of the other Mem


draft m

easures in advance of the granting of rights of use by a given M

ember Statein parallel to the national public consultation. The

measure determ

ined by the national regulatory authority can only be a subset of a w

ider national measure, w

hich may m


al or the amendm

ent of rights of use for radio spectrum as

well as of the selection procedure or the conditions attached to

the rights of use. Therefore, when notifying a draft m

easure, national regulatory authorities m

ay provide information on

other draft national measures related to the relevant selection

procedure for limiting rights of use for radio spectrum

which

are not covered by the peer review m

echanism.

UK

(Com

ments):

Latter half of this paragraph is linked to the Peer Review

Process in A

rticle 35. We don’t support the proposals in

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K, L

T, FR and SK

23 PL

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DD

OR

DE

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NY

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OL

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T IN T

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FT HA

ND

CO

LU

MN

Article 35 in their current form

at

(85) W

here the harmonised assignm

ent of radio frequencies to particular undertakings has been agreed at European level, M

ember States should strictly im

plement such agreem

ents in the granting of rights of use

for radio frequencies from

the national frequency usage plan.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(86) M

ember States should be encouraged to consider joint

authorisations as an option when issuing rights of use w

here the expected usage covers cross-border situations.

UK

(Drafting):

(86) M

ember

States should

be encouraged

are able

to consider joint authorisations as an option w

hen issuing rights of use w

here the expected usage covers cross-border situations.

(93) W

here the provision of electronic comm

unications relies on

public resources

whose

use is

subject to

specific authorisation,

Mem

ber States

may

grant the

authority com

petent for issuance thereof the right to impose fees to

ensure optimal use of those resource, in accordance w

ith the

UK

(Drafting):

(93) W

here the

provision of

electronic com

munications

relies on public resources whose use is subject to specific

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K, L

T, FR and SK

24 PL

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DD

OR

DE

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OL

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ELLS O

R A

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T IN T

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FT HA

ND

CO

LU

MN

procedures envisaged in this Directive, In line w

ith the case-law

of the Court of Justice, M

ember States cannot levy any charges

or fees in relation to the provision of networks and electronic

comm

unications services other than those provided for by this D

irective. In that regard, Mem

ber States should have a coherent approach in establishing those charges or fees in order not to provide

an undue

financial burden

linked to

the general

authorisation procedure

or rights

of use

for undertakings

providing electronic comm

unications networks and services.

authorisation, M

ember

States m

ay grant

the authority

competent for issuance thereof the right to im

pose fees to ensure optim

al use of those resource, in accordance with the

procedures envisaged in this Directive, In line w

ith the case-law

of the Court of Justice, M

ember States cannot levy any charges

or fees in relation to the provision of networks and electronic

comm

unications services other than those provided for by this D

irective. In that regard, Mem

ber States should have a coherent approach in establishing those charges or fees in order not to provide

an undue

financial burden

linked to

the general

authorisation procedure

or rights

of use

for undertakings

providing electronic comm

unications networks and services.

(94) To ensure optim

al use of resources, fees should reflect the econom

ic and technical situation of the market

concerned as well as any other significant factor determ

inaning their value. A

t the same tim

e, fees should be set in a manner

that enables innovation in the provision of networks and

services as well as com

petition in the market. M

ember States

should therefore

ensure that

fees for

rights of

use are

established on the basis of a mechanism

which provides for

appropriate safeguards against outcomes w

hereby the value of the fees is distorted as a result of revenue m

aximisation

policies, anticompetitive bidding or equivalent behaviour.

This D

irective is without prejudice to the purpose for w

hich fees for rights of use

and rights to install facilities are

employed. Such fees m

ay for instance be used to finance activities of national regulatory authorities

and competent

authorities that cannot be covered by adm

inistrative charges. W

here, in the case of competitive or com

parative selection

PL

(Drafting):

Mem

ber States should therefore ensure that fees for rights of use are established on the basis of a m

echanism w

hich provides for appropriate safeguards against outcom

es whereby the value

of the fees is distorted as a result of revenue maxim

isation policies, anticom

petitive bidding or equivalent behaviour.

Where, in the case of com

petitive or comparative selection

procedures, fees for rights of use for radio spectrum

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

25 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

procedures, fees for rights of use for radio spectrum

consist entirely

or partly

of a

one-off am

ount, paym

ent arrangem

ents should ensure that such fees do not in practice lead to selection on the basis of criteria unrelated to the objective of ensuring optim

al use of radio spectrum

. The

Com

mission m

ay publish on a regular basis benchmark studies

and other guidance as appropriate w

ith regard to best practices for the assignm

ent of radio spectrum

, the

assignment of num

bers or the granting of rights of way.

consist entirely

or partly

of a

one-off am

ount, paym

ent arrangem



.

PL

(Com

ments):

Part marked in red could raise lot of am

biguity in attempt to

clarify the meaning. H

aving in mind the exclusive com

petence of M

ember States to set the fees, w

e suggest to delete this part.

The present sentence could lead to interpreptation preventing from

organising spectrum auctions and should be deleted.

To ensure optimal use of resources, fees should reflect the

economic and technical situation of the m

arket concerned as

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, AT, SE, PL, IT, U

K, L

T, FR and SK

26 PL

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DD

OR

DE

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NY

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OL

UM

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R C

ELLS O

R A

MEN

D TEX

T IN T

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FT HA

ND

CO

LU

MN

well as any other significant factor determ

inaning their value. A

t the same tim

e, fees should be set in a manner that enables

innovation in the provision of networks and services as w

ell as com

petition in the market. M

ember States should therefore

ensure that fees for rights of use are established on the basis of a m

echanism w

hich provides for appropriate safeguards against outcom

es whereby the value of the fees is distorted as a result

of revenue maxim

isation policies, anticompetitive bidding or

equivalent behaviour. This D

irective is without prejudice to

the purpose for which fees for rights of use

and rights to install facilities

are employed. Such fees m


and competent authorities

that cannot be covered by adm

inistrative charges. Where, in the case of com

petitive or com

parative selection procedures, fees for rights of use for radio

spectrum

consist entirely or partly of a one-off am

ount, payment arrangem



. The Com

mission m

ay publish on a regular basis benchmark

studies and other guidance as appropriate

with regard to

best practices for the assignment of radio

spectrum

, the assignm

ent of numbers or the granting of rights of w

ay.

FR

(Drafting):

FR

(Drafting):

(94) T

o ensure optimal use of resources, fees should

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

27 PL

EASE D

O N

OT A

DD

OR

DE

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NY

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WS, C

OL

UM

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ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

reflect the economic and technical situation of the m

arket concerned

as w

ell as

any other

significant factor

determinaning their value. A

t the same tim

e, fees should be set in a m

anner that enables innovation in the provision of netw

orks and services as well as com

petition in the market.

Mem

ber States should therefore ensure that fees for rights of use are established on the basis of a m

echanism w

hich provides

for appropriate

safeguards against

outcomes

whereby the value of the fees is distorted as a result of

revenue maxim

isation policies, anticompetitive bidding or

equivalent behaviour. This D

irective is without prejudice to

the purpose for which fees for rights of use

and rights to install facilities

are employed. Such fees m


and competent authorities

that cannot be covered by adm

inistrative charges. Where, in the case of com

petitive or com

parative selection procedures, fees for rights of use for radio

spectrum

consist entirely or partly of a one-off am

ount, payment arrangem



. The Com

mission m

ay publish on a regular basis benchmark

studies and other guidance as appropriate

with regard to

best practices for the assignment of radio

spectrum

, the assignm

ent of numbers or the granting of rights of w

ay.

(95) In line w

ith their role of ensuring optimal use of radio

spectrum, fees linked to rights of use for radio spectrum

can influence decisions about w

hether to seek such rights and put into use radio spectrum

resources. When setting reserve prices

PL

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

28 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

as a means to determ

ine the minim

um valuation ensuring

optimal use, M

ember States should therefore ensure that such

prices, irrespective of the type of selection procedure used, also reflect the additional costs associated w

ith the fulfilment of

authorisation conditions imposed to further policy objectives

that would not reasonably be expected to be m

et pursuant to norm

al com

mercial

standards, such

as territorial

coverage conditions. In doing so, regard should also be had to the com

petitive situation of the market concerned.

When setting reserve prices as a m

eans to determine the

minim

um

valuation ensuring

optimal

use, M

ember

States should therefore ensure that such prices, irrespective of the type of selection procedure used, also reflect the additional costs associated

with

the fulfilm

ent of

authorisation conditions

imposed to further policy objectives that w

ould not reasonably be

expected to

be m

et pursuant

to norm

al com

mercial

standards, such as territorial coverage conditions.

PL

(Com

ments):

The meaning of w

ording “normal com

mericial standards such

as territorial coverage conditions” is extremely unclear. W

e suggest deleting of this clause. or w

hole recital 95, having in m

ind objections to art. 42.2 of EECC

UK

(Drafting):

DELETE this paragraph

UK

(Com

ments):

This is linked to Article 42(2) w

hich we are proposing should

be deleted.

FR

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

29 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(Drafting):

FR

(Drafting):

(95) In line w

ith their role of ensuring optimal use of

radio spectrum, fees linked to rights of use for radio

spectrum can influence decisions about w

hether to seek such rights and put into use radio spectrum

resources. W

hen setting reserve prices as a means to determ

ine the m

inimum

valuation ensuring optimal use, M

ember States

should therefore ensure that such prices, irrespective of the type of selection procedure used, also reflect the additional costs

associated w

ith the

fulfilment

of authorisation

conditions imposed to further policy objectives that w

ould not reasonably be expected to be m

et pursuant to normal

comm

ercial standards,

such as

territorial coverage

conditions. In doing so, regard should also be had to the com

petitive situation of the market concerned.

(96) O

ptimal use of radio spectrum

resources depends on the availability of appropriate netw

orks and associated facilities. In that regard, fees for rights of use for radio spectrum

and for rights to install facilities should take into consideration the need to facilitate continuous infrastructure developm

ent with a view

to achieving the m

ost efficient use of the resources. Mem

ber States should therefore provide for m

odalities for payment of

the fees for rights of use for radio spectrum linked w

ith the actual availability of the resource in a m

anner that facilitates the

PL

(Drafting):

Optim

al use of radio spectrum resources depends inter alia on

the availability of appropriate networks and associated facilities

PL

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

30 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

investments

necessary to

promote

such developm

ent. The

modalities should be specified in an objective, transparent,

proportionate and non-discriminatory m

anner before opening procedures for the granting of rights of use for spectrum

.

(Com

ments):

Availabitily of netw

orsk does not guarantee as the only factor, the optim

al use of radio spectrum resources

UK

(Drafting):

Delete this paragraph

UK

(Com

ments):

This is linked to Article 42(3) w

hich we are proposing should

be deleted.

FR

(Drafting):

FR

(Drafting):

(96) O

ptimal

use of

radio spectrum

resources

depends on the availability of appropriate networks and

associated facilities. In that regard, fees for rights of use for radio spectrum

and for rights to install facilities should take into

consideration the

need to

facilitate continuous

infrastructure development w

ith a view to achieving the

most efficient use of the resources. M

ember States should

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

31 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

therefore provide for modalities for paym

ent of the fees for rights of use for radio spectrum

linked with the actual

availability of the resource in a manner that facilitates the

investments necessary to prom

ote such development. The

modalities should be specified in an objective, transparent,

proportionate and

non-discriminatory

manner

before opening procedures for the granting of rights of use for spectrum

.

(101)

Radio spectrum

is a scarce public resource with an

important public and m

arket value.

It is an essential

input for radio-based electronic comm

unications netw

orks and

services and, in so far as it relates

to such netw

orks and

services,

should therefore

be efficiently

allocated and assigned by national regulatory authorities according to harm

onised objectives and principles governing their action as w

ell as to objective, transparent and non-discrim

inatory criteria, taking into account the democratic,

social, linguistic and cultural interests related to the use of frequencies

.

.

Decision

No

676/2002/EC

of the

European Parliament and of the C

ouncil of 7 March 2002 on a

regulatory fram

ework

for radio

spectrum

policy in

the European C

omm

unity (Radio Spectrum

Decision) 4 establishes

a framew

ork for harmonisation of radio

spectrum

.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

4

Decision N

o 676/2002/EC of the European Parliam

ent and of the Council of 7 M

arch 2002 on a regulatory framew

ork for radio spectrum policy in the European

Com

munity (R

adio Spectrum D

ecision) (OJ L 108, 24.4.2002).

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

32 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(102) R

adio spectrum policy activities in the

Union

should

be w

ithout prejudice

to m

easures taken,

at U

nion

or national

level, in

accordance w

ith U

nion law

, to pursue general interest objectives, in particular w

ith regard to content regulation and audiovisual and m

edia policies, and the right of Mem

ber States to organise and use their radio spectrum

for public order, public security and defence.

As use of spectrum

for military and other national

public security purposes impacts on the availability of spectrum

for the internal m

arket, radio spectrum policy should take into

account all sectors and aspects of Union policies and balance

their respective

needs, w

hile respecting

Mem

ber States'

rights.

PL

(Drafting):

Radio spectrum

policy activities in the U

nion should be

without prejudice to m

easures taken, at U

nion or

national level, in accordance with

Union

and national law

PL

(Com

ments):

Content

and m

edia regulation,

and other

general interest

objectives are definied also by national laws.

UK

(Drafting):

Radio spectrum

policy activities in the U

nion should be

without prejudice to m

easures taken, at U

nion or

national level, in accordance with

Union

law, to pursue

general interest objectives, in particular with regard to content

regulation and audiovisual and media policies, and the right of

Mem

ber States to organise and use their radio spectrum for

public order, public security and defence. A

s use of spectrum

for military and other national public security purposes im

pacts on the availability of spectrum

for the internal market, radio

spectrum policy should take into account all sectors and aspects

of Union policies and balance their respective needs, w

hile

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pril 2017

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ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

33 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

respecting Mem

ber States' rights.

UK

(Com

ments):

The additional text is linked to the reference to “public sercurity and defence” in A

rticle 4(1). Spectrum for public

security and defence is a matter for M

ember States and should

not be referenced in EU legislation

FR

(Drafting):

FR

(Drafting):

(102) R

adio spectrum policy activities in the

Union

should

be w

ithout prejudice

to m

easures taken,

at U

nion

or national

level, in

accordance w

ith U

nion law

, to pursue general interest objectives, in particular w

ith regard to content regulation and audiovisual and m

edia policies, and the right of Mem

ber States to organise and use their radio spectrum

for public order, public security and defence.

As use of spectrum

for military and other

national public security purposes impacts on the availability

of spectrum for the internal m

arket, radio spectrum policy

should take into account all sectors and aspects of Union

policies and balance their respective needs, while respecting

Mem

ber States' rights.

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

34 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(103) Ensuring ubiquitous connectivity in each M

ember State

is essential for economic and social developm

ent, participation in

public life

and social

and territorial

cohesion. A

s connectivity becom

es an integral element to European society

and welfare, EU

-wide coverage should be achieved by relying

on im

position by M

ember

States of

appropriate coverage

requirements, w

hich should be adapted to each area served and lim

ited to

proportionate burdens

in order

not to

hinder deploym

ent by service providers. Coverage of the territory as

well

as connectivity

across M

ember

States should

be m

aximised and reliable, w

ith a view to prom

ote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and

predictability of

investment

needs and

to guarantee

proportionate and

equitable connectivity

for all

citizens, application by com

petent authorities of coverage obligations should be coordinated at U

nion level. Considering national

specificities, such coordination should be limited to general

criteria to be used to define and measure coverage obligations,

such as population density or topographical and topological features.

PL

(Drafting):

Ensuring ubiquitous connectivity in each Mem

ber State is essential for econom

ic and social development, participation in

public life and social and territorial cohesion. As connectivity

becomes an integral elem

ent to European society and welfare,

EU-w

ide coverage should be achieved by relying on imposition

by Mem

ber States of appropriate coverage requirements, w

hich should

be adapted

to each

area served

and lim

ited to

proportionate burdens in order not to hinder deployment by

service providers.

Coverage

of the

territory as

well

as connectivity across M

ember States should be m

aximised and

reliable, with a view

to promote in-border and cross-border

services and applications such as connected cars and e-health. Therefore,

in order

to increase

regulatory certainty

and predictability

of investm

ent needs

and to

guarantee proportionate

and equitable

connectivity for

all citizens,

application by competent authorities of coverage obligations

should be coordinated at Union level. Such processes should

take utmost consideration C

onsidering of national specificities, and such coordination should be lim

ited to general criteria to be used to define and m

easure coverage obligations, such as population density or topographical and topological features.

PL

(Com

ments):

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

35 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

Poland agrees that radio spectrum is the scarce public resource

of individual Mem

ber States, and that the managem

ent and allocation of individual bands m

ust take into account the specificity and needs of each country. From

the Polish point of view

the key area of regulation is the need to take into account the specific conditions of the M

ember States - the degree of

market

development,

competitive

conditions and

external factors. This is especially im

portant for Poland, when bordering

with non-EU

countries has to conduct long-lasting bi- and m

ultilateral cross-border co-ordination, which m

ay go beyond the

Com

mission's

established param

eters, such

as band

allocation dates or coverage issues.

UK

(Drafting):

103) Ensuring ubiquitous high-level connectivity for w

ireless broadband services in each M

ember State is essential for

economic and social developm

ent, participation in public life and social and territorial cohesion. A

s connectivity becomes an

integral element to European society and w

elfare, EU-w

ide coverage should be achieved by relying on im

position by M

ember States of appropriate coverage requirem

ents, which

should be adapted to each area served and limited to

proportionate burdens in order not to hinder deployment by

service providers. Coverage of the territory as w

ell as connectivity across M

ember States should be m

aximised and

reliable, with a view

to promote in-border and cross-border

services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investm

ent needs and to guarantee

EECC


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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

36 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

proportionate and equitable connectivity for all citizens, application by com

petent authorities of coverage obligations should be coordinated at U

nion level. Considering national

specificities, such coordination should be limited to general

criteria to be used to define and measure coverage obligations,

such as population density or topographical and topological features.

UK

(Com

ments):

While the am

bition of ubiquitous coverage is positive, it would

be impossible to achieve. In addition, this recital can only be a

reference to wireless broadband services so needs to be m

ade clear. D

isagree that coverage obligations should be coordinated at U

nion levels. Different countries have different coverage

obligations to reflect their own national needs and priorities.

(104) The need to ensure that citizens are not exposed to

electromagnetic fields at a level harm

ful to public health should be approached in a consistent w

ay across the Union, having

particular regard to the precautionary approach taken in Council

Recom

mendation

No

1999/519/EC5,

in order

to ensure

consistent deployment conditions.

PL

(Drafting):

The need

to ensure

that citizens

are not

exposed to

electromagnetic fields at a level harm

ful to public health should be approached in a consistent w

ay across the Union, having

5

Council R

ecomm

endation 1999/519/EC of 12 July 1999 on the lim

itation of exposure of the general public to electromagnetic fields (0 H

z to 300 GH

z), OJ L 199,

30.7.1999, p. 59–70.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

37 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

particular regard to the precautionary approach taken in Council

Recom

mendation

No

1999/519/EC6,

in order

to ensure

consistent deployment conditions.

It is imperative that citizens are not exposed to electrom

agnetic fields at a level that is detrim

ental to public health in a consistent m

anner throughout the Union. In order to ensure

consistent conditions

for im

plementation,

Council

Recom

mendation N

o 1999/519/EC is explicitly applied.

PL

(Com

ments):

Only

the direct

application of

the R

ecomm

endation 1999/519/EC

will ensure coherent im

plementation conditions

and that each MS w

ill provide the same (exposure) lim

its for electrom

agnetic field exposure across the EU.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

6

Council R

ecomm

endation 1999/519/EC of 12 July 1999 on the lim


z to 300 GH

z), OJ L 199,

30.7.1999, p. 59–70.

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

38 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

No com

ments

FR

(Com

ments):

FR

(Com

ments):

Com

mentaire: C

e considérant ne doit pas faire obstacle aux dispositifs m

is en place au niveau national pour la concertation et l’inform

ation du public.

(105) Spectrum

harm

onisation and

coordination and

equipment

regulation supported

by standardisation

are com

plementary need to be coordinated closely to m

eet their joint objectives effectively, w

ith the support of the RSPG

. C

oordination between the content and tim

ing of mandates to

CEPT under the R

adio Spectrum D

ecision and standardisation requests

to standardisation

bodies, such

as the

European Telecom

munications Standards Institute, including w

ith regard to radio receivers param

eters, should facilitate the introduction of future system

s, support spectrum sharing opportunities and

ensure efficient spectrum m

anagement.

HR

(Drafting):

Delete: “including w

ith regard to radio receivers parameters,”

HR

(Com

ments):

HR

does not see the need to highlight receivers.

UK

(Drafting):

No recom

mended changes

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

39 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

UK

(Com

ments):

No com

ments

(106) The dem

and for harmonised radio spectrum

is not uniform

in all parts of the Union. In cases w

here there is lack of dem

and for a harmonised band at regional or national level,

Mem

ber States

could exceptionally

be able

to allow

an

alternative use of the band as long as such lack of demand

persists and provided that the alternative use does not prejudice the harm

onised use of the said band by other Mem

ber States and that

it ceases when dem

and for the harmonised use

materialises.

HR

(Drafting):

Delete: “and that it ceases w

hen demand for the harm

onised use m

aterialises”

HR

(Com

ments):

HR

deems that alternative right of use should m

aintain legal certainty for the aw

arded period.

UK

(Drafting):

(106) The dem

and for harmonised radio spectrum

is not uniform

in all parts of the Union. In cases w

here there is lack of dem

and for a harmonised band at regional or national level,

Mem

ber States could should exceptionally be able to allow an

alternative use of the band as long as such lack of demand

persists and provided that the alternative use does not prejudice the harm

onised use of the said band by other Mem

ber States

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

40 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

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MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

and that it ceases when in the event that genuine dem

and for the harm

onised use materialises.

UK

(Com

ments):

Support this paragraph in principle; drafting changes improve

it.

(107) Flexibility

in spectrum

m

anagement

and access

to spectrum

has been established

through technology and service-neutral authorisations to allow

spectrum users to choose

the best technologies and services to apply in frequency bands declared available for electronic com

munications services in

the relevant national frequency allocation plans in accordance w

ith U

nion law

(the ‘principles of technology and service

neutrality’). The

administrative

determination

of technologies

and services

should apply

only

when

general interest objectives are at stake and should be clearly justified and subject to regular periodic review

.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(108) R

estrictions on the principle of technology neutrality should be appropriate and justified by the need to avoid harm

ful interference, for exam

ple by imposing em

ission masks and

UK

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

41 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

power levels, to ensure the protection of public health by

limiting public exposure to electrom

agnetic fields, to ensure the proper functioning of services through an adequate level of technical quality of service, w

hile not necessarily precluding the possibility of using m

ore than one service in the same

frequency band, to ensure proper sharing of spectrum, in

particular where its use is only subject to general authorisations,

to safeguard efficient use of spectrum, or to fulfil a general

interest objective in conformity w

ith U

nion law

.

No recom

mended changes

UK

(Com

ments):

No com

ments

(109) Spectrum

users should also be able to freely choose the services they w

ish to offer over the spectrum . O

n the other hand, m

easures should be allowed w

hich require the provision of a specific service to m

eet clearly defined general interest objectives such as safety of life, the need to prom

ote social, regional and territorial cohesion, or the avoidance of the inefficient use of spectrum

to be permitted w

here necessary and proportionate. Those objectives should include the prom

otion of cultural and linguistic diversity and m

edia pluralism as

defined by Mem

ber States in conformity w

ith U

nion

law. Except w

here necessary to protect safety of life or, exceptionally, to fulfil other general interest objectives as defined by M

ember States in accordance w

ith U

nion

law, exceptions should not result in certain services having

exclusive use, but should rather grant them priority so that, in

so far as possible, other services or technologies may coexist in

the same band. It lies w

ithin the competence of the M

ember

States to define the scope and nature of any exception regarding the prom

otion of cultural and linguistic diversity and media

pluralism.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

42 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(110) A

s the allocation of spectrum to specific technologies or

services is an exception to the principles of technology and service neutrality and reduces the freedom

to choose the service provided or technology used, any proposal for such allocation should be transparent and subject to public consultation.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(111) In exceptional cases w

here Mem

ber States decide to lim

it the

freedom

to provide

electronic com

munications

networks and services based on grounds of public policy, public

security or public health, Mem

ber States should explain the reasons for such lim

itation.

PL

(Com

ments):

It is not clear to whom

MS should explain the resons for such

limitation. This recital should therefore indicate the list of

recipients e.g.:Com

mission, other M

S of such explanation.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

EECC


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pril 2017

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

43 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

No com

ments

(112) R

adio spectrum

should be m

anaged so as to ensure that harm

ful interference is avoided. This basic concept of harm

ful interference should therefore be properly defined to ensure that regulatory intervention is lim

ited to the extent necessary to prevent such interference,

having regard also to the need for netw

ork equipment and end-user devices to

incorporate resilient receiver technology. Transport has a strong cross-border elem

ent and its digitalisation brings challenges. V

ehicles (metro, bus, cars, trucks, trains, etc) are becom

ing m

ore and more autonom

ous and connected. In an EU single

market, vehicles travel beyond national borders m

ore easily. R

eliable comm

unications, and avoiding harmful interferences,

are critical for the safe and good operation of vehicles and their on-board com

munications system

s.

HR

(Drafting):

Reserved

HR

(Com

ments):

HR

considers that receiver resilience is too specific for EECC

, technical

details are

defined in

EC/C

EPT decisions

and recom

medations. W

e believe that protection from harm

ful interference

in

general includes

also resilient

receiver technology.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

FR

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

44 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(Drafting):

FR

(Drafting):

112) R

adio spectrum

should be m

anaged so as to ensure that harm

ful interference is avoided. This basic concept of harm

ful interference should therefore be properly defined to ensure that regulatory intervention is lim

ited to the extent necessary to prevent such interference,

having regard also to the need for netw

ork equipment and end-user devices to

incorporate resilient receiver technology. Transport has a strong

cross-border elem

ent and

its digitalisation

brings challenges. V

ehicles (metro, bus, cars, trucks, trains, etc) are

becoming m

ore and more autonom

ous and connected. In an EU

single market, vehicles travel beyond national borders m

ore easily.

Reliable

comm

unications, and

avoiding harm

ful interferences, are critical for the safe and good operation of vehicles and their on-board com

munications system

s.

FR

(Com

ments):

FR

(Com

ments):

Justification : Cet

amendem

ent est

en ligne

avec les

modifications proposées à l’article 46.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

45 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(113) W

ith grow

ing spectrum

dem

and and

new

varying applications and technologies w

hich necessitate more flexible

access and use of spectrum, M

ember States should prom

ote the shared use of spectrum

by determining the m

ost appropriate authorisation

regimes

for each

scenario and

by defining

appropriate and

transparent rules

and conditions

therefor. Shared use of spectrum

increasingly ensures its effective and efficient use by allow

ing several independent users or devices to access the sam

e frequency band under various types of legal regim

es so as to make additional spectrum

resources available, raise usage efficiency and facilitate spectrum

access for new

users. Shared use can be based on general authorisations or licence-exem

pt use allowing, under specific sharing conditions,

several users to access and use the same spectrum

in different geographic areas or at different m

oments in tim

e. It can also be based on individual rights of use under arrangem

ents such as licenced shared access w

here all users (with an existing user

and new users) agree on the term

s and conditions for shared access, under the supervision of the com

petent authorities, in such

a w

ay as

to ensure

a m

inimum

guaranteed

radio transm

ission quality. When allow

ing shared use under different authorisation regim

es, Mem

ber States should not set widely

diverging durations for such use under different authorisation regim

es.

UK

(Drafting):

With grow

ing spectrum dem

and and new varying applications

and technologies which necessitate m

ore flexible access and use of spectrum

, Mem

ber States should promote the shared use

of spectrum by determ

ining the most appropriate authorisation

regimes for each scenario and by defining appropriate and

transparent rules and conditions therefor. Shared use of spectrum



e frequency band under various types of legal regimes so as

to make additional spectrum


access for new users. Shared

use can be based on general authorisations or licence-exempt

use allowing, under specific sharing conditions, several users to

access and use the same spectrum

in different geographic areas or at different m

oments in tim

e. It can also be based on individual rights of use under arrangem

ents such as licenced shared access w

here all users (with an existing user and new

users) agree on the term

s and conditions for shared access, under the supervision of the com

petent authorities, in such a w

ay as to ensure a minim

um guaranteed radio transm

ission quality. W

hen allowing shared use under different authorisation

regimes, M

ember States should not set w

idely diverging durations for such use under different authorisation regim

es.

UK

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

46 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(Com

ments):

Shared useage duration should not be constrained by a general prescriptive rule. This is too restrictive and at odds w

ith the D

ynamic Spectrum

Access sharing m

ethod. It should be responsive to the conditions and availability in each geographical area at any given tim

e.

FR

(Drafting):

FR

(Drafting):

(113) W

ith grow

ing spectrum

dem

and and

new

varying applications and technologies w

hich necessitate more flexible

access and use of spectrum, M

ember States should prom

ote the shared use of spectrum

by determining the m

ost appropriate authorisation

regimes

for each

scenario and

by defining

appropriate and

transparent rules

and conditions

therefor. Shared use of spectrum



e frequency band under various types of legal regim

es so as to make additional spectrum


access for new

users. Shared use can be based on general authorisations or licence-exem

pt use

allowing,

under specific

sharing conditions, several users to access and use the sam

e spectrum in

different geographic areas or at different mom

ents in time. It

can also

be based

on individual

rights of

use under

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pril 2017

CO

MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

47 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

arrangements such as licenced shared access w

here conditions all users (w

ith an existing user and new users) agree on the

terms and conditions for shared access is included in the

authorization , under the supervision of the competent

authorities, in such a way as to ensure a m

inimum

guaranteed radio transm

ission quality. When allow

ing shared use under different authorisation regim

es, Mem

ber States should not set w

idely diverging durations for such use under different authorisation regim

es.

FR

(Com

ments):

FR

(Com

ments):

Justification: Ces am

endements portent sur l’alignem

ent de la definition du LSA (License Shared Access) et sur la suppression de considérations qui ne sont pas liés à des articles.

(114) In order to ensure predictability and preserve legal

certainty and investment stability, M

ember States should define

in advance appropriate criteria to determine com

pliance with

the objective of efficient use of spectrum by right holders w

hen im

plementing the conditions attached to individual rights of use

and general

authorisations. Interested

parties should

be involved in the definition of such conditions and inform

ed in a transparent

manner

about how

the

fulfilment

of their

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

48 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

obligations will be assessed.

No com

ments

(115) C

onsidering the importance of technical innovation,

Mem

ber States should be able to provide for rights to use spectrum

for

experimental

purposes, subject

to specific

restrictions and conditions strictly justified by the experimental

nature of such rights.

UK

(Drafting):

Considering the im

portance of technical innovation, Mem

ber States should be able to provide for rights to use harm

onised spectrum

for experimental purposes, subject to specific

restrictions and conditions strictly justified by the experimental

nature of such rights.

UK

(Com

ments):

This can be done anyway through test licences.

(116) N

etwork infrastructure sharing, and in som

e instances spectrum

sharing, can allow for a m

ore efficient and effective use of radio spectrum

and ensure the rapid deployment of

networks, especially in less densely populated areas. W

hen defining the conditions to be attached to rights of use for radio spectrum

, com

petent authorities

should also

consider authorising

forms

of sharing

or coordination

between

undertakings with a view

to ensure effective and efficient use of spectrum

or

compliance

with

coverage obligations,

in com

pliance with com

petition law principles.

UK

(Drafting):

116) N

etwork infrastructure sharing for w

ireless broadband services, and in som

e instances spectrum sharing, can allow

for a m

ore efficient and effective use of radio spectrum and ensure

the rapid deployment of netw

orks, especially in less densely populated areas. W

hen defining the conditions to be attached to rights of use for radio spectrum

, competent authorities should

also consider authorising forms of sharing or coordination

EECC


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pril 2017

CO

MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

49 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

between undertakings w

ith a view to ensure effective and

efficient use of spectrum or com

pliance with coverage

obligations, in compliance w

ith competition law

principles.

UK

(Com

ments):

Netw

ork sharing

currently happens

through com

mercial

arrangements betw

een operators . Sharing of spectrum has no

impact on the deploym

ent of radio networks

(117) M

arket conditions as well as the relevance and num

ber of players can differ am

ongst Mem

ber States. While the need

and opportunity to attach conditions to rights of use for radio spectrum

can be subject to national specificities which should

be duly accomm

odated, the modalities of the application of

such obligations should be coordinated at EU level through

Com

mission im

plementing m

easures to ensure a consistent approach in addressing sim

ilar challenges across the EU.

HR

(Drafting):

Delete

HR

(Com

ments):

HR

opposes the possibility to adopt implem

enting measures

regarding the modalities of the application of conditions to

rights of use for radio spectrum. This should rem

ain the decision of m

ember states because it is subject to national

circumstances.

PL

(Drafting):

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

50 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

(117) M

arket conditions as well as the relevance and num

ber of players can differ am

ongst Mem

ber States, therefore While

the need and opportunity to attach conditions to rights of use for

radio spectrum

can

should be

subject to

national specificities and w

hich should be duly accomm

odated. the m

odalities of the application of such obligations should be coordinated at EU

level through Com

mission im

plementing

measures to ensure a consistent approach in addressing sim

ilar challenges across the EU

.

PL

(Com

ments):

The Com

mission's proposal lim

its the flexibility of national institutions/regulators to define conditions to rights of use for radio spectrum

, therefore we strongly opposes to the possibility

of granting

right to

the C

omm

ission for

introduction the

implem

enting measure(s) regarding application of obligations

at the EU level.

UK

(Drafting):

DELETE TH

IS PAR

AG

RA

PH

UK

(Com

ments):

Cannot support this paragraph as it m

akes reference that the

EECC


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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

51 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

Com

mission should be able to adopt im

plementing m

easures

(118) The

requirements

of service

and technology

neutrality in granting rights of use, together with the possibility

to transfer rights between undertakings, underpin the freedom

and m

eans to deliver electronic comm

unications services to the public, thereby also facilitating the achievem

ent of general interest

objectives.

This D

irective does

not prejudice

whether radio

spectrum

is

assigned directly to providers of electronic com

munications netw

orks or services or to entities that use these netw

orks or services. Such entities may

be radio

or television

broadcast content

providers.

The responsibility for com

pliance with the conditions attached to

the right to use a radio frequency and the relevant conditions attached to the general authorisation should in any case lie w

ith the

undertaking to

whom

the

right of

use for

the radio

spectrum

has

been granted.

Certain

obligations im

posed on broadcasters for the delivery of audiovisual media

services may require the use of specific criteria and procedures

for the granting of spectrum usage rights to m

eet a specific general

interest objective

set out

by M

ember

States in

conformity w

ith Union law

.

How

ever, the procedure for the granting of such right should in any event be objective, transparent, non-discrim

inatory and proportionate. The case law

of the Court of Justice requires that any national restrictions on

the rights guaranteed by Article 56 of the Treaty on the

Functioning of the European Union should be objectively

justified, proportionate and not exceed what is necessary to

achieve those objectives.

Moreover, spectrum

granted w

ithout following an open procedure should not be used for

HR

(Drafting):

Reserved

HR

(Com

ments):

This is only applicable regarding individual right of use, not in case of general licences. Furtherm

ore, these obligations seem

applicable for broadband and broadcasting services and not for other services.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

EECC


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pril 2017

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

52 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

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WS, C

OL

UM

NS O

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ELLS O

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MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

purposes other than the general interest objective for which

they were granted. In such case, the interested parties should be

given the

opportunity to

comm

ent w

ithin a

reasonable period.

As part of the application procedure for granting

rights , Mem

ber States should

verify whether the

applicant will be able to com

ply with the conditions

to be

attached to such rights. These conditions should be

reflected in eligibility criteria set out in objective, transparent, proportionate and non-discrim

inatory terms prior to the launch

of any competitive selection procedure.

For the

purpose

of applying these criteria , the applicant m

ay be requested to subm

it the necessary information to prove his

ability to

comply

with

these conditions.

Where

such inform

ation is not provided, the application for the right to use a radio frequency m

ay be rejected.

(119) M

ember States should only im

pose, prior to the granting of right, the verification of elem

ents that can reasonably be dem

onstrated by an applicant exercising ordinary care, taking due account of the im

portant public and market value of radio

spectrum as a scarce public resource. This is w

ithout prejudice to the possibility for subsequent verification of the fulfilm

ent of eligibility

criteria, for

example

through m

ilestones, w

here criteria could not reasonably be m

et initially. To preserve effective and efficient use of radio spectrum

, Mem

ber States should not grant rights w

here their review indicates applicants'

inability to comply w

ith the conditions, without prejudice to the

possibility of

facilitating tim

e-limited

experimental

use.Sufficiently long duration of authorisations for the use of spectrum

should increase investment predictability to contribute

PL

(Drafting):

(119) M








ent of eligibility

criteria, for

example

through m

ilestones, w



, Mem



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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

53 PL

EASE D

O N

OT A

DD

OR

DE

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NY

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WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

to faster network roll-out and better services, as w

ell as stability to support spectrum

trading and leasing. Unless use of spectrum

is authorised for an unlim

ited period of time, such duration

should both take account of the objectives pursued and be sufficient to facilitate recoupm

ent of the investments m

ade. W

hile a longer duration can ensure investment predictability,

measures

to ensure

effective and

efficient use

of radio

spectrum, such as the pow

er of the competent authority to

amend or w

ithdraw the right in case of non-com

pliance with the

conditions attached to the rights of use, or the facilitation of radio spectrum

tradability and leasing, will serve to prevent

inappropriate accum

ulation of

radio spectrum

and

support greater flexility in distributing spectrum

ressources. Greater

recourse to annualised fees is also a m

eans to ensure a continuous assessm

ent of the use of the spectrum by the holder

of the right.



possibility of

facilitating tim

e-limited

experimental

use. Sufficiently A

ppriopriate long duration of authorisations for the use of spectrum

, which take in consideration the dynam

ically changing

market

such as

innovative new

uses

and thus

opportunity to regular adjustments, should positively affect

increase investment predictability to contribute to efficient

faster network roll-out and better services, as w




ited period of time, such duration should

both take account of the objectives pursued and be sufficient to facilitate recoupm


ade. While a longer

duration can ensure investment predictability, m

easures to ensure effective and efficient use of radio spectrum

, such as the pow

er of the competent authority to am

end or withdraw

the right in case of non-com

pliance with the conditions attached to

the rights of use, or the facilitation of radio spectrum tradability

and leasing, will serve to prevent inappropriate accum

ulation of radio spectrum

and support greater flexility in distributing spectrum

ressources. Greater recourse to annualised fees is also

a means to ensure a continuous assessm

ent of the use of the spectrum

by the holder of the right.

PL

(Com

ments):

In a situation of dynamically changing m

arket, more regular

adjustments m

ay be required. The shorter the license (15-20 years), the m

ore flexible the market can be, according to the

EU's

requirement

for flexible

managem

ent of

spectrum

resources.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

54 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

UK

(Drafting):

119) M








ent of eligibility criteria, for exam

ple through milestones, w



, Mem





possibility of facilitating time-lim

ited experimental use.

Sufficiently long duration of authorisations for the use of spectrum

should increase investment predictability to contribute

to faster network roll-out and better services, as w




ited period of time, such duration

should both take account of the objectives pursued and be sufficient to facilitate recoupm


ade. W

hile a longer duration can ensure investment predictability,

measures to ensure effective and efficient use of radio

spectrum, such as the pow

er of the competent authority to

amend or w

ithdraw the right in case of non-com

pliance with the

conditions attached to the rights of use, or the facilitation of radio spectrum

tradability and leasing, will serve to prevent

inappropriate accumulation of radio spectrum

and support greater flexility in distributing spectrum

ressources. Greater

recourse to annualised fees is also a means to ensure a

EECC


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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

55 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

continuous assessment of the use of the spectrum

by the holder of the right.

UK

(Com

ments):

It is really unclear what the C

omm

ission are trying to say in the first part of the paragraph. D

on’t think the last sentence is necessary and there are argum

ents to the contrary (e.g. that up-front paym

ent fees discourage speculative bidding).

(120) In deciding w

hether to renew already granted rights of

use for radio spectrum, com

petent authorities should take into account

the extent

to w

hich renew

al w

ould further

the objectives of the regulatory fram

ework and other objectives

under national and Union law

. Any such decision should be

subject to

an open,

non-discriminatory

and transparent

procedure and based on a review of how

the conditions attached to the rights concerned have been fulfilled. W

hen assessing the need to renew

rights of use, Mem

ber States should weigh the

competitive im

pact of extending already assigned rights against the prom

otion of more efficient exploitation or of innovative

new uses that m

ight result if the band were opened to new

users. C

ompetent authorities m

ay make their determ

ination in this regard by allow

ing for only a limited extension in order to

prevent severe disruption of established use. While decisions on

whether to extend rights assigned prior to the applicability of

this Directive should respect any rules already applicable,

Mem

ber States should equally ensure that they do not prejudice

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

EECC


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pril 2017

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

56 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

the objectives of this Directive.

(121) W

hen renewing existing rights of use, M

ember States

should, together with the assessm

ent of the need to renew the

right, review the fees attached thereto w

ith a view to ensuring

that those fees continue to promote optim

al use, taking account am

ongst other things, of the stage of market and technological

evolution. For reasons of legal certainty, it is appropriate for any adjustm

ents to the existing fees to be based on the same

principles as those applicable to the award of new

usage rights.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(122) Effective m


can be ensured by facilitating the continued efficient use of spectrum

that has already been assigned. In order to ensure legal certainty to rights holders, the possibility of renew

al of rights of use should be considered w

ithin an appropriate time-span prior to the

expiry of the rights concerned. In the interest of continuous resource m

anagement, com

petent authorities should be able to undertake such consideration at their ow

n initiative as well as in

response to a request from the assignee. The renew

al of the right to use m

ay not be granted contrary to the will of the

assignee.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(123) Transfer of spectrum

usage rights can be an effective H

R

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57 PL

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means of increasing the efficient use of spectrum

.

For the sake

of flexibility and efficiency, and to allow

valuation of spectrum

by the market,

M

ember States

should by default allow

spectrum users to transfer or lease

their spectrum

usage rights to third parties

following a

simple procedure and subject to the conditions attached to such

rights and to competition rules, under the supervision of the

national regulatory authorities responsible .

In order to facilitate such transfers or leases, as long as harm

onisation m

easures adopted under the Radio Spectrum

Decision are

respected

,

Mem

ber States

should

also

consider requests to have spectrum rights partitioned or

disaggregated and conditions for use reviewed

.

(Drafting):

Reserved regarding the last sentence.

HR

(Com

ments):

HR

believes

that this

possibility is

too vague

and m

ay underm

ine legal certainty and predictability. Some additional

clarifications are necessary.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(124) M

easures taken specifically to promote com

petition w

hen granting or renewing rights of use for radio spectrum

should be decided by national regulatory authorities, w

hich have the necessary econom

ic, technical and market know

ledge. Spectrum

assignment conditions can influence the com

petitive situation in electronic com

munications m

arkets and conditions for entry. Lim

ited access to spectrum, in particular w

hen

UK

(Drafting):

Measures taken specifically to prom

ote competition w

hen granting or renew

ing rights of use for radio spectrum should be

decided by national regulatory authorities, which have the

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

58 PL

EASE D

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DD

OR

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OL

UM

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ELLS O

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MEN

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T IN T

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FT HA

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LU

MN

spectrum is scarce, can create a barrier to entry or ham

per investm

ent, network roll-out, the provision of new

services or applications, innovation and com

petition. New

rights of use, including those acquired through transfer or leasing, and the introduction of new

flexible criteria for spectrum use can also

influence existing competition. W

here unduly applied, certain conditions used to prom

ote competition, can have other effects;

for exam

ple, spectrum

caps

and reservations

can create

artificial scarcity, wholesale access obligations can unduly

constrain business models in the absence of m

arket power, and

limits on transfers can im

pede the development of secondary

markets. Therefore, a consistent and objective com

petition test for the im

position of such conditions is necessary and should be applied consistently. The use of such m

easures should therefore be based on a thorough and objective assessm

ent, by national regulatory

authorities, of

the m

arket and

the com

petitive conditions thereof.

necessary economic, technical and m

arket knowledge.

Spectrum assignm

ent conditions can influence the competitive

situation in electronic comm

unications markets and conditions

for entry. Limited access to spectrum

, in particular when

spectrum is scarce, can create a barrier to entry or ham

per investm

ent, network roll-out, the provision of new

services or applications, innovation and com

petition. New

rights of use, including those acquired through transfer or leasing, and the introduction of new

flexible criteria for spectrum use can also

influence existing competition. W

here unduly applied, certain conditions used to prom

ote competition, can have other effects;

for example, spectrum

caps and reservations can create artificial scarcity, w

holesale access obligations can unduly constrain business m

odels in the absence of market pow

er, and lim

its on transfers can impede the developm

ent of secondary m

arkets. Therefore, a consistent and objective competition test

for the imposition of such conditions is necessary and should be

applied consistently. The use of such measures should therefore

be based on a thorough and objective assessment, by national

regulatory authorities, of the market and the com

petitive conditions thereof.

UK

(Com

ments):

Generally agree w

ith content of this paragraph but suggest slight changes.

(125) B

uilding on opinions from the R

SPG, the adoption of a

comm

on deadline for allowing the use of a band w

hich has U

K

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59 PL

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FT HA

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CO

LU

MN

been harmonised under the R

adio Spectrum D

ecision can be necessary to avoid cross-border interferences and beneficial to ensure release of the full benefits of the related technical harm

onisation measures for equipm

ent markets and for the

deployment of very high capacity electronic com

munications

networks and services. In order to significantly contribute to the

objectives of this framew

ork and facilitate coordination, the establishm

ent of such comm

on deadlines should be subject to C

omm

ission implem

enting acts.

(Drafting):

DELETE TH

IS PAR

AG

RA

PH

UK

(Com

ments):

This is linked to Article 53 w

hich we cannot support

(126) W

here the demand for

a radio

spectrum

band

exceeds the availability and, as a result, a

Mem

ber State concludes that the rights of use for radio spectrum

must be lim

ited , appropriate and transparent

procedures should apply

for the granting

of such

rights to avoid any discrim

ination and optimise

the

use of

the

scarce

resource. Such

limitation should be justified, proportionate and based on a

thorough assessment of m

arket conditions, giving due weight to

the overall benefits for users and to national and internal market

objectives. The objectives governing any limitation procedure

should be clearly defined in advance. When considering the

most appropriate selection procedure, and in com

pliance with

coordination measures taken at U

nion level, Mem

ber States should tim

ely and transparently consult all interested partieson the justification, objectives and conditions of the procedure.

M

ember States m

ay use, inter alia, competitive or com

parative selection procedures for the assignm


or for num

bers with exceptional econom

ic value. In adm

inistering such schemes, national regulatory authorities

UK

(Drafting):

Where the dem

and for a

radio spectrum

band exceeds the availability

and, as a result, a M

ember State concludes that the rights of use for radio

spectrum m

ust be limited

, appropriate and transparent procedures should

apply for the

granting of

such rights

to avoid any discrimination and optim

ise the

use of the

scarce resource. Such

limitation should be justified, proportionate and based on a

thorough assessment of m

arket conditions, giving due weight to

the overall benefits for users and to national and internal market

objectives. The objectives governing any limitation procedure

should be clearly defined in advance. When considering the

most appropriate selection procedure, and in com

pliance with

coordination measures taken at U

nion level, Mem

ber States should tim

ely and transparently consult all interestedrelevant stakeholders partieson the justification, objectives and

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

60 PL

EASE D

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OR

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OL

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should take into account the objectives of this D

irective .

If a Mem

ber State finds that further rights can be made

available in a band, it should start the process therefor.

conditions of the procedure. M

ember States m

ay use, inter alia, com

petitive or comparative selection procedures for the

assignment of radio

spectrum

or for

numbers

with exceptional econom

ic value. In administering such

schemes, national regulatory authorities should take into

account the objectives of this D

irective .

If a Mem

ber State finds that further rights can be m

ade available in a band, it should start the process therefor.

UK

(Com

ments):

Broadly

in agreem

ent w

ith this

paragraph, although

the reference to consulting all interested parties w

as a cause of concern in the discussions around the 700M

Hz decision as it is

very subjective on who could be considered an interested

parties. The reference should reflect the final version of that decision.

(127) M

assive growth in radio spectrum

demand, and in end-

user dem

and for

wireless

broadband capacity,

calls for

solutions allow

ing alternative,

complem

entary, spectrally

efficient access solutions, including low-pow

er wireless access

systems w

ith a small-area operating range such as radio local

area networks (R

LAN

) and networks of low

-power sm

all-size cellular access points. Such com

plementary w

ireless access system

s, in particular publicly accessible RLA

N access points,

increase access to the internet for end-users and mobile traffic

off-loading for mobile operators. R

LAN

s use harmonised radio

spectrum

without

requiring an

individual authorisation

or

UK

(Drafting):

127) M

assive growth in radio spectrum

demand, and in end-

user demand for w

ireless broadband capacity, calls for solutions allow

ing alternative, complem

entary, spectrally efficient access solutions, including low

-power w

ireless access system

s with a sm

all-area operating range such as radio local area netw

orks (RLAN) and netw

orks of low-power sm

all-size cellular access points. Such com

plementary w

ireless access

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K, L

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61 PL

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OL

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FT HA

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CO

LU

MN

spectrum usage right. M

ost RLA

N access points are so far used

by private users as local wireless extension of their fixed

broadband connection. End-users, within the lim

its of their own

internet subscription, should not be prevented from sharing

access to their RLA

N w

ith others, so as to increase the number

of available access points, particularly in densely populated areas, m

aximise w

ireless data capacity through radio spectrum

re-use and

create a

cost-effective com

plementary

wireless

broadband infrastructure

accessible to

other end-users.

Therefore, unnecessary

restrictions to

the deploym

ent and

interlinkage of RLA

N access points should also be rem

oved. Public authorities or public service providers, w

ho use RLA

Ns

in their premises for their personnel, visitors or clients, for

example to facilitate access to e-G

overnment services or for

information on public transport or road traffic m

anagement,

could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such prem

ises, to the extent allowed by com

petition and public procurem

ent rules. Moreover, the provider of such

local access to electronic comm

unications networks w

ithin or around a private property or a lim

ited public area on a non-com

mercial basis or as an ancillary service to another activity

that is not dependant on such access (such as RLA

N hotspots

made available to custom

ers of other comm

ercial activities or to the general public in that area) can be subject to com

pliance w

ith general authorisations for rights of use for radio spectrum

but should not be subject to any conditions or requirements

attached to general authorisations applicable to providers of public com

munications netw

orks or services or to obligations regarding end-users or interconnection. H

owever, such provider

systems, in particular publicly accessible RLAN

access points, increase access to the internet for end-users and m

obile traffic off-loading for m

obile operators. RLANs use harm


without requiring an individual authorisation or

spectrum usage right. M

ost RLAN access points are so far used by private users as local w

ireless extension of their fixed broadband connection. End-users, w

ithin the limits of their ow

n internet subscription, should not be prevented from

sharing access to their RLAN

with others, so as to increase the num

ber of available access points, particularly in densely populated areas, m

aximise w

ireless data capacity through radio spectrum

re-use and create a cost-effective complem

entary wireless

broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deploym

ent and interlinkage of RLAN access points should also be rem

oved. Public authorities or public service providers, w

ho use RLANs

in their premises for their personnel, visitors or clients, for

example to facilitate access to e-G

overnment services or for

information on public transport or road traffic m

anagement,

could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such prem

ises, to the extent allowed by com

petition and public procurem

ent rules. Moreover, the provider of such

local access to electronic comm


ithin or around a private property or a lim

ited public area on a non-com

mercial basis or as an ancillary service to another activity

that is not dependant on such access (such as RLAN hotspots

made available to custom

ers of other comm

ercial activities or to the general public in that area) can be subject to com

pliance w

ith general authorisations for rights of use for radio spectrum

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should remain subject to the liability rules of A

rticle 12 of D

irective 2000/31/EC

on

electronic com

merce

7. Further

technologies such as LiFi are emerging that w

ill complem

ent current radio spectrum

capabilities of RLA

Ns and w

ireless access point to include optical visible light-based access points and lead to hybrid local area netw

orks allowing optical w

ireless com

munication.

but should not be subject to any conditions or requirements

attached to general authorisations applicable to providers of public com

munications netw

orks or services or to obligations regarding end-users or interconnection. H

owever, such

provider should remain subject to the liability rules of Article

12 of Directive 2000/31/EC

on electronic comm

erce8. Further

technologies such as LiFi are emerging that w

ill complem

ent current radio spectrum

capabilities of RLANs and w

ireless access point to include optical visible light-based access points and lead to hybrid local area netw

orks allowing optical

wireless com

munication.

UK

(Com

ments):

This is

linked to

Article

55, w

hich w

e consider

to be

unnecessary as this happens already in several countries. At the

Council W

orking Group m

eeting, the Com

mission even gave

examples

of successful

initiatives around

this.

There is,

therefore, no reason why these pow

ers should be included in the Fram

ework. There are com

mercial arrangem

ents already in place in several countries and the proposals by the C

omm

ission could have a huge negative im

pact on already successful business m

odels.

7

Directive2000/31/EC


ouncil of 8 June 2000 on certain legal aspects of information society services, in particular electronic

comm

erce, in the Internal Market (D

irective on electronic comm

erce), (OJ L 178, 17.7.2000, p.1).

8 D

irective2000/31/EC of the European Parliam

ent and of the Council of 8 June 2000 on certain legal aspects of inform

ation society services, in particular electronic com

merce, in the Internal M

arket (Directive on electronic com

merce), (O

J L 178, 17.7.2000, p.1).

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K, L

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63 PL

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(128) Since low

power sm

all-area wireless access points are

very small and m

ake use of unobtrusive equipment sim

ilar to that of dom

estic RLA

N routers and considering their positive

impact on the use of spectrum

and on the development of

wireless com

munications, their technical characteristics - such

as power output- should be specified at U

nion level in a proportionate w

ay for local deployment and their use should be

subject to general authorisations only – to the exception of R

LAN

which should not be subject to any authorisation

requirement beyond w

hat is necessary for the use of radio spectrum

- and any additional restrictions under individual planning or other perm

its should be limited to the greatest

extent possible.

PL

(Drafting):

Delate

Since low pow

er small-area w

ireless access points are very sm

all and make use of unobtrusive equipm

ent similar to that of

domestic R

LAN

routers and considering their positive impact

on the use of spectrum and on the developm

ent of wireless

comm

unications, their - such as power output- should be

specified at Union level in a proportionate w

ay for local deploym

ent and

their use

should be

subject to

general authorisations only – to the exception of R

LAN

which should

not be subject to any authorisation requirement beyond w

hat is necessary for the use of radio spectrum

- and any additional restrictions under individual planning or other perm

its should be lim

ited to the greatest extent possible.

PL

(Com

ments):

We oppose to the possibility of elaborating specified at the

Union level technical requirem

ents/conditions for low pow

er sm

all – areas wireless access points.

UK

(Drafting):

DELETE

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64 PL

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UK

(Com

ments):

This is

linked to

Article

56 w

hich w

e cannot

support. Technical specifictions for sm

all-area wireless access points is

a matter for M

ember States and should not be set at U

nion-level.

(132) In m

arkets where there continue to be large differences

in negotiating power betw

een undertakings, and where som

e undertakings rely on infrastructure provided by others for delivery of their services, it is appropriate to establish a fram

ework to ensure that the m

arket functions effectively. N

ational regulatory authorities should have the power to secure,

where

comm

ercial negotiation

fails, adequate

access and

interconnection and interoperability of services in the interest of end-users. In particular, they

can ensure end-to-end

connectivity by

imposing

proportionate obligations

on undertakings that

are subject to the general authorisation and that

control access to end-users. Control of m

eans of access m

ay entail ownership or control of the physical link to the end-

user (either fixed or mobile), and/or the ability to change or

withdraw

the national number or num

bers needed to access an end-user's netw

ork termination point. This w

ould be the case for exam

ple if network operators w

ere to restrict unreasonably end-user choice for access to Internet portals and services.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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, AT, SE, PL, IT, U

K, L

T, FR and SK

65 PL

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(133) In the light of the principle of non-discrim

ination, national regulatory authorities should ensure that all operators, irrespective of their size and business m

odel, whether vertically

integrated or separated, can interconnect on reasonable terms

and conditions,

with

the view

to

providing end-to-end

connectivity and access to the global Internet.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(134) N

ational legal or administrative m

easures that link the term

s and conditions for access or interconnection to the activities of the party seeking interconnection, and specifically to the degree of its investm

ent in network infrastructure, and

not to the interconnection or access services provided, may

cause market distortion and m

ay therefore not be compatible

with com

petition rules.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(135) N

etwork operators w

ho control access to their own

customers do so on the basis of unique num

bers or addresses from

a

published num

bering or

addressing range.

Other

network operators need to be able to deliver traffic to those

customers, and so need to be able to interconnect directly or

UK

(Drafting):

No recom

mended changes

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66 PL

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indirectly to each other. It is therefore appropriate to lay

down

rights and obligations to negotiate interconnection . U

K

(Com

ments):

No com

ments

(136) Interoperability is of benefit to end-users and is an

important

aim

of this

regulatory fram

ework.

Encouraging interoperability is one of the objectives for national regulatory authorities as set out in this fram

ework, w

hich also provides for the

Com

mission

to publish

a list

of standards

and/or specifications covering the provision of services, technical interfaces

and/or netw

ork functions,

as the

basis for

encouraging harm

onisation in

electronic com

munications.

Mem

ber States should encourage the use of published standards and/or specifications to the extent strictly necessary to ensure interoperability of services and to im

prove freedom of choice

for users.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(137) C

urrently both end-to-end connectivity and access to em

ergency services depend on end-users adopting number-

based interpersonal

comm

unications services.

Future technological developm

ents or an increased use of number-

independent interpersonal comm

unications services could entail a lack of sufficient interoperability betw

een comm

unications services. A

s a consequence significant barriers to market entry

and obstacles to further onward innovation could em

erge and appreciably threaten both effective end-to-end connectivity

UK

(Drafting):

Currently both end-to-end connectivity and access to

emergency services depend on end-users adopting num

ber-based interpersonal com

munications services. Future

technological developments or an increased use of num

ber-independent interpersonal com

munications services could entail

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U, LV

, AT, SE, PL, IT, U

K, L

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67 PL

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between end-users and effective access to em

ergency services. a lack of sufficient interoperability betw

een comm

unications services. A

s a consequence significant barriers to market entry

and obstacles to further onward innovation could em

erge and appreciably threaten both effective end-to-end connectivity betw

een end-users and effective access to emergency services.

UK

(Com

ments):

There is no evidence to justify the claim m

ade in the last sentence

(138) In

case such

interoperability issues

arise, the

Com

mission

may

request a

BER

EC

report w

hich should

provide a factual assessment of the m

arket situation at the U

nion and Mem

ber States level. On the basis of the B

EREC

report and other available evidence and taking into account the effects on the internal m

arket, the Com

mission should decide

whether there is a need for regulatory intervention by national

regulatory authorities. If the Com

mission considers that such

regulatory intervention

should be

considered by

National

Regulatory A

uthorities, it may adopt im

plementing m

easures specifying

the nature

and scope

of possible

regulatory interventions by N

RA

s, including in particular measures to

impose the m

andatory use of standards or specifications on all or specific providers. The term

s 'European standards' and

PL

(Drafting):

UK

(Drafting):

DELETE TH

IS PAR

AG

RA

PH

UK

(Com

ments):

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K, L

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FT HA

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LU

MN

'international standards' are defined in Article 2 of R

egulation (EU

) No 1025/2012. 9 N

ational regulatory authorities should assess, in the light of the specific national circum

stances, w

hether any intervention is necessary and justified to ensure end-to-end-connectivity or access to em

ergency services, and if so, im

pose proportionate obligations in accordance with the

Com

mission im

plementing m

easures.

Cannot support reference to the C

omm

ission being able to adopt im

plementing m

easures

(139) In situations w

here undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be em

powered to

impose access obligations

to all operators, w

ithout prejudice to their respective market pow

er. In this regard,

national regulatory

authorities should

take into

consideration all technical and economic barriers to future

replication of networks. The m

ere fact that more than one such

infrastructure already

exists should

not necessarily

be interpreted as show

ing that its assets are replicable. The first distribution point should be identified by reference to objective criteria.

UK

(Drafting):

DELETE

UK

(Com

ments):

Linked to the powers that w

ould enable NR

As to im

pose conditions on operators to share infrastructure. This already happens in the U

K and other countries through com

mercial

arrangements betw

een operators so it is not necessary to include in the Fram

ework. The pow

ers being proposed by the C

omm

ission m

ay have

a negative

impact

on the

current netw

ork sharing arrangements.

9

Regulation (EU

) No 1025/2012 of the European Parliam

ent and of the Council of 25 O

ctober 2012 on European standardisation, amending C

ouncil Directives 89/686/EEC

and 93/15/EEC

and Directives 94/9/EC

, 94/25/EC, 95/16/EC

, 97/23/EC, 98/34/EC

, 2004/22/EC, 2007/23/EC

, 2009/23/EC and 2009/105/EC

of the European Parliament

and of the Council and repealing C

ouncil Decision 87/95/EEC

and Decision N

o 1673/2006/EC of the European Parliam

ent and of the Council [O

J L 364 of 14.11.2012, p.12]

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(140) It could be justified to extend access obligations to

wiring and cables beyond the first concentration point in areas

with low

er population density, while confining such obligations

to points

as close

as possible

to end-users,

where

it is

demonstrated that replication w

ould also be impossible beyond

that first concentration point

UK

(Drafting):

DELETE

(141) In such cases, in order to com

ply with the principle of

proportionality, it can be appropriate for national regulatory authorities

to exclude

certain categories

of ow

ners or

undertakings, or both, from obligations going beyond the first

distribution point, on the grounds that an access obligation not based on significant m

arket power w

ould risk comprom

ising their business case for recently deployed netw

ork elements.

Structurally separated undertakings should not be subject to such access obligations if they offer an effective alternative access on a com

mercial basis to a very high capacity netw

ork.

UK

(Drafting):

DELETE

(142) Sharing of passive or active infrastructure used in the

provision of wireless electronic com

munications services, or

the joint roll-out of such infrastructures, in compliance w

ith com

petition law

principles

can be

particularly useful

to m

aximise

very high

capacity connectivity

throughout the

Union, especially in less dense areas w

here replication is im

practicable and

end-users risk

being deprived

of such

connectivity. N

ational regulatory

authorities should,

PL

(Drafting):

Delete

Sharing of passive or active infrastructure used in the provision of w

ireless electronic comm

unications services, or the joint

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exceptionally, be enabled to impose such sharing or joint roll-

out, or localised roaming access, in com

pliance with U

nion law,

if they demonstrate the benefits of such sharing or access in

terms of overcom

ing very significant barriers to replication and of addressing otherw

ise severe restrictions on end-user choice or quality of service, or both, or on territorial coverage, and taking into account several elem

ents, including in particular the need to m

aintain infrastructure roll-out incentives.

roll-out of such infrastructures, in compliance w

ith competition

law principles can be particularly useful to m

aximise very high

capacity connectivity throughout the Union, especially in less

dense areas where replication is im

practicable and end-users risk being deprived of such connectivity. N

ational regulatory authorities should, exceptionally, be enabled to im

pose such sharing

or joint

roll-out, or

localised roam

ing access,

in com

pliance with U

nion law, if they dem

onstrate the benefits of such sharing or access in term

s of overcoming very significant

barriers to replication and of addressing otherwise severe

restrictions on end-user choice or quality of service, or both, or on

territorial coverage,

and taking

into account

several elem

ents, including

in particular

the need

to m


PL

(Com

ments):

Poland is of the opinion, that there is no need for this type of sym

metric regulation w

ith regard to infrastructure used for m

obile networks. A

ppropriate market (m

arket 15) has been exem

pt from C

omm

ission recomm

endation on relevant markets

and we do not see any need of com

ing back to such regulation. M

obile connectivity in rural areas and less dense areas is being addressed by coverage requirem

ents.

UK

(Drafting):

DELETE this PA

RA

GR

APH

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FT HA

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CO

LU

MN

UK

(Com

ments):

This can already be done so there is no need to include in the Fram

ework

FR

(Drafting):

FR

(Drafting):

(142) Sharing of passive or active infrastructure used in the

provision of wireless electronic com

munications services, or

the joint roll-out of such infrastructures, in compliance w

ith com

petition law

principles

can be

particularly useful

to m

aximise

very high

capacity connectivity

throughout the

Union, especially in less dense areas w

here replication is im

practicable and

end-users risk

being deprived

of such

connectivity. N

ational regulatory

authorities should,

exceptionally, be enabled to impose such sharing or joint roll-

out, or localised roaming access, in com

pliance with U

nion law,

if they demonstrate the benefits of such sharing or access in

terms of overcom

ing very significant barriers to replication and of addressing otherw

ise severe restrictions on end-user choice or quality of service, or both, or on territorial coverage, and taking into account several elem

ents, including in particular the need to m


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FT HA

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LU

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FR

(Com

ments):

FR

(Com

ments):

Justification: voir article 59.3

(143) W

hile it is appropriate in some circum

stances for a national regulatory authority to im

pose obligations on operators that do not have significant m

arket power in order to achieve

goals such as end-to-end connectivity or interoperability of services, it is how

ever necessary to ensure that such obligations are im

posed in conformity w

ith the regulatory framew

ork and, in particular, its notification procedures.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

SPECTR

UM

AR

TICLES

ES

(Com

ments):

General rem

arks:

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FT HA

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LU

MN

1.- NO

REC

ITALS H

AV

E BEEN

AD

APTED

AS TH

IS WILL

BE A

TASK

ON

CE TH

E DEFD

INITV

E AR

TS HA

VE B

EEN

AG

REED

2.- ALL R

EFEREN

CES TO

NA

TION

AL R

EGU

LATO

RY

A

UTH

OR

ITIES ON

THE TEX

T SHA

LL BE D

EEMED

TO

BE

SUB

STITUTED

B

Y

CO

MPETEN

T O

R

RELEV

AN

T A

UTH

OR

ITIES

Article 4

Strategic planning and coordination of radio spectrum

policy FR

(Drafting):

FR

(Drafting):

Strategic planning and coordination of radio spectrum

policy

1. Mem

ber States shall cooperate with each other and w

ith the C

omm

ission in

the strategic


and harm

onisation of the use of radio spectrum in the

Union

. To this end, they shall take into consideration, inter alia, the econom

ic, safety, health, public interest, public security and

HU

(Drafting):

1. Mem


ith the

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MN

defence , freedom

of expression, cultural, scientific, social and technical aspects of EU

policies as well as the various

interests of radio spectrum user com

munities w

ith the aim of

optimising the use of radio spectrum

and avoiding harmful

interference.

Com

mission

in the

strategic planning,

coordination and

harmonisation of the use of radio spectrum

in the U

nion

in line with EU

policies for the establishment and functioning

of the internal market in electronic com

munications.. To this

end, they shall take into consideration, inter alia, the economic,

safety, health, public interest, public security and defence

, freedom


policies as well as the various interests of radio

spectrum user com

munities w

ith the aim of optim

ising the use of radio spectrum

and avoiding harmful interference.

HU

(Com

ments):

I N O

UR

VIEW

THE SC

OPE O

F AR

TICLE 4 IS W

IDER

THA

N TH

AT O

F TH

E DIR

ECTIV

E, A

S IT

CO

VER

S A

LL TH

E A

SPECTS

OF

THE

CO

MPLEX

PLAN

NIN

G O

F SPECTR

UM

POLIC

Y. TH

ERE C

AN

BE A

C

OM

PLETE C

OO

PERA

TION

B

ETWEEN

M

EMB

ER

STA

TES; N

EVER

THELESS TH

E CO

MPETEN

CES O

F THE C

OM

MISSIO

N C

OV

ER

ON

LY TH

E POLIC

IES OF TH

E EU

RO

PEAN

UN

ION. W

E SUG

GEST

TIGH

TENIN

G TH

E SCO

PE OF TH

IS PRO

VISIO

N TO

THE PO

LICIES O

F TH

E EU

RO

PEAN

UN

ION.

AT

(Com

ments):

Basically ok, no substantial change to the previous regim

e.

PL

(Drafting):

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MN

1. Mem


ith the C

omm

ission in

the strategic


and harm


Union


ic, safety, health, public interest, public security and

defence public security and defence as definied in national

laws, freedom


policies as well as the various interests

of radio spectrum user com

munities w

ith the aim of optim

ising the use of radio spectrum

and avoiding harmful interference.

PL

(Com

ments):

There’s not

sufficient clarity

in the

premises

behind this

amendm

ent, thus we propose a m

inor addendum.

UK

(Drafting):

DELETE “public security and defence”

UK

(Com

ments):

EU has no com

petence over defence issues so the article should not m

ake any reference to “public security and defence.”

FR

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T IN T

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FT HA

ND

CO

LU

MN

(Drafting):

FR

(Drafting):

1. Mem


ith the C

omm

ission in

the strategic


and harm


Union


ic, safety, health, public interest, public security

and defence , freedom


policies as well as the

various interests of radio spectrum user com

munities especially

the specific public security and desfense issues with the aim

of optim

ising the use of radio spectrum and avoiding harm

ful interference.

FR (C

omm

ents): FR (C

omm

ents): Justification : ce projet de D

irective introduit des ambiguïtés et

un risque concernant son champ d’application pour la gestion

des fréquences utilisées à des fins de sécurité et de défense. Les raisons principales sont les suivantes :

- la

définition des

réseaux de

comm

unications électroniques (Art.2) est susceptible d’être interprétée de façon à intégrer certains types de réseaux utilisés à des fins de sécurité et de défense, com

pte tenu de la

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FT HA

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LU

MN

synergie croissante entre les technologies comm

erciales et non-com

merciales (ex : usage du LTE à des fins

militaires) ;

- l’attribution à la C

omm

ission de nouveaux pouvoirs, en particulier pour ce qui relève du partage, qui, appliqué au spectre utilisé à des fins de sécurité et défense, peut potentiellem

ent contraindre les usages régaliens de m

anière inacceptable. C’est en particulier le cas si les exigences de protection telles que définies dans l’article 46 ne sont pas clarifiées.

- La suppression de la m

ention « pour les services de C

omm

unications électroniques » dans le titre l’article 45 (gestion des fréquences) renforce le doute sur le cham

p d’application réel de la gestion du spectre dans cet article.

2. By cooperating w

ith each other and with the C

omm

ission, M

ember

States shall

promote

the coordination

of radio

spectrum policy approaches in the European

Union

and, w

here appropriate, harmonised conditions w

ith regard to the availability and efficient use of radio spectrum

necessary for the establishm

ent and functioning of the internal market in

electronic comm

unications.

HU

(Drafting):

2. By cooperating w


omm

ission, M

ember

States shall

promote

the coordination

of radio

spectrum policy approaches in the European

Union

taking utm

ost account of the opinion of the Radio Spectrum

Policy G

roup and, where appropriate, harm

onised conditions w

ith regard to the availability and efficient use of radio spectrum

necessary for the establishment and functioning of the

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MN

internal market in electronic com

munications.

HU

(Com

ments):

I N H

UN

GA

RY’S V

IEW, TH

E RA

DIO

SPEC

TRU

M P

OLIC

Y G

RO

UP

(RSPG

) IS

A

WELL-FU

NC

TION

ING

FO

RU

M

FOR

C

OO

PERA

TION

B

ETWEEN

THE M

EMB

ER S

TATES. W

E SUG

GEST TA

KIN

G IN

TO

AC

CO

UN

T THE O

PINIO

N O

F THE R

SPG TO

THE G

REA

TEST EXTEN

T.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

3. Mem

ber States shall cooperate through the Radio Spectrum

Policy

Group,

established by

Com

mission

Decision

2002/622/EC, w


omm

ission, and

HU

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MN

upon their request with the European Parliam

ent and the C

ouncil, in support of the strategic planning and coordination of radio spectrum

policy approaches in the Union.

(Drafting):

Delete

3. Mem

ber States shall cooperate through the Radio Spectrum

Policy

Group,

established by

Com

mission

Decision

2002/622/EC, w


omm

ission, and upon their request w

ith the European Parliament and the

Council, in support of the strategic planning and coordination

of radio spectrum policy approaches in the U

nion.

HU

(Com

ments):

REPETIO

N

OF

1. PA

RA

GR

APH

A

ND

C

OM

MISSIO

N

DEC

ISION

2002/622/EC

. T

HER

E A

RE

OTH

ER

POSSIB

ILITIES FO

R

CO

OPER

ATIO

N.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

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T IN T

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FT HA

ND

CO

LU

MN

(Com

ments):

Enshrines RSPG

in primary legislation so is a positive addition

by the Com

mission

4. The Com

mission, taking utm

ost account of the opinion of the R

adio Spectrum

Policy

Group

, m

ay subm

it legislative

proposals to the European Parliament and the C

ouncil for establishing m

ultiannual radio spectrum policy program

mes.

Such programm

es shall set out the policy orientations and objectives for the strategic planning and harm

onisation of the use of radio spectrum

in accordance with the provisions of this

Directive.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ment

U

K

(Drafting):

Recom

mend re-insertion of previous article 4(4):

“Where necessary to ensure the effective coordination of the

interests of the European Com

munity in international

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MN

organisations competetent in radio spectrum

matters, the

Com

mission, taking utm

ost account of the opinion of the RSPG,

may propose com

mon policy objectives to the European

Parliament and the C

ouncil.”

UK

(Com

ments):

The original

article 4(4)

has been

deleted.

This article

promoted cooperation and coordination am

ong Mem

ber States, and gave the C

omm

ission the authority to propose comm

on policy objectives.

Article 19 H

U

(Com

ments):

TH

E TEXT O

F AR

TICLE 19 A

ND

THE PR

OV

ISION

S, WH

ICH

REFER

S A

LSO TO

NU

MB

ERIN

G A

S A N

EW ELEM

ENT C

AU

SES DIFFIC

ULTIES .

TH

E DR

AFTIN

G O

F THE PR

OV

ISION

AN

D M

IXIN

G W

ITH PR

OV

ISION,

WH

ICH

REFER

S TO R

IGH

TS OF U

SE OF SPEC

TRU

M C

AN

LEAD

TO

MISIN

TERPR

ETATIO

N . TH

EREFO

RE, W

E PRO

POSE TH

E FOLLO

WIN

G

REV

ISION .

Restriction or w

ithdrawal of rights

A

T

(Com

ments):

The w

ording of

this article

needs possibly

some

further

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OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

improvem

ent/amendm

ent.

1. Mem

ber States shall not restrict or withdraw

rights to install facilities or rights of use for radio

spectrum

or

numbers

before expiry of the period for which they w

ere granted except w

here justified pursuant to paragraph 2

and w

here applicable in conformity w

ith the Annex

I

and relevant national provisions regarding compensation for

withdraw

al of rights.

HU

(Drafting):

1. Mem

ber States shall not restrict or withdraw

rights to install facilities or rights of use for radio

spectrum

or

numbers

before expiry of the period for which they w

ere granted except w

here justified. pursuant to paragraph 2

and w

here applicable in conformity w

ith the Annex

I

and relevant national provisions regarding compensation for

withdraw

al of rights.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

There is a question on consistency with other articles. For

example, A

rticle 53(b) grants the Com

mission the pow

er to act

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K, L

T, FR and SK

83 PL

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OR

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MN

upon its own initiative and restrict licence durations once they

have been granted.

2. In line with the need to ensure the effective and efficient use

of radio

spectrum

or the

implem

entation of

harmonised

conditions adopted under Decision N

o 676/2002/EC, M

ember

States may allow

withdraw

al of rights, including those with a

25 year minim

um duration, based on procedures laid dow

n in advance, in com

pliance with the principles of proportionality

and non-discrimination.

HR

(Drafting):

Delete: including those w

ith a 25 year minim

um duration

HR

(Com

ments):

Since the principle of withdraw

al of rights of use of spectrum is

general, we do not find it justified to give special em

phasis on certain licences regarding their duration tim

e. Therefore in order to keep this principle exceptional in general, w

e propose deleting this line.

HU

(Drafting):

2. The possible reasons of withdrarow

al or restriction of rights of use for radio

spectrum

shaell be iIn line with the

need to ensure the effective and efficient use of radio spectrum

or developm

ent of

a new

technology

expecialy the

implem

entation of

harmonised

conditions adopted

under D

ecision N

o 676/2002/EC

, M

ember

States m

ay allow

w

ithdrawal of rights, including those w

ith a 25 year minim

um

duration, based

on procedures

laid dow

n in

advance, in

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K, L

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84 PL

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OR

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LU

MN

compliance w

ith the principles of proportionality and non-discrim

ination. and where applicable in conform

ity with the

Annex

I and relevant national provisions regarding

compensation for w

ithdrawal of rights.

LV

(Drafting):

In line with the need to ensure the effective and efficient use of

radio spectrum or the im

plementation of harm

onised conditions adopted under D

ecision No 676/2002/EC

, Mem

ber States may

allow w

ithdrawal of rights including those w

ith a 25 year m

inimum

duration, based on procedures laid down in advance,

in compliance w

ith the principles of proportionality and non-discrim

ination.

LV

(Com

ments):

No need for this phrase since in any case this point can affect

any license term. Furtherm

ore, we do not agree w

ith 25 year term

, which is further reflected in 49(2).

AT

(Com

ments):

Ok.

PL

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OR

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LU

MN

(Drafting):


of radio

spectrum

or the

implem

entation of

harmonised


o 676/2002/EC, M

ember

States may allow

withdraw


15 year minim





PL

(Com

ments):

Poland negatively refers to the designation of a minim

um

duration of the licence for 25 years. It seems that such a long

period is not justified especially in a situation of dynamically

changing market, w

here more regular adjustm

ents should be required.

It should

be noted

that the

specific nature

of individual radiocom

munication services (m

obile, broadcasting, or satellite) supports the w

ide variation in length of individual spectrum

rights. In addition, there is a reasonable fear that the consequence of such a long license period w

ill effect on the stagnation in the m

arket where new

dynamically developing

entities will have to w

ait for a new distribution of frequencies.

IT

(Drafting):

To be deleted

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LU

MN

IT

(Com

ments):

It is not clear if the procedure is defined before or after the release

of the

rights. In

any case

this could

generate controversies.

UK

(Drafting):

DELETE follow

ing text”

“including those with a 25 year m

inimum

duration, based on proceduers laid dow

n in advance”

UK

(Com

ments):

If the article refers to all licences in harmonised spectrum

bands there is no need to specifically reference those w

ith a 25 year m

inimum

duration.

What does the C

omm

ission mean by laid dow

n in advance? D

oes it mean “in advance of licences being issued?”

FR

(Drafting):

FR

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OL

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CO

LU

MN

(Drafting):


of radio

spectrum

or the

implem

entation of

harmonised


o 676/2002/EC, M

ember

States may allow

withdraw


25 year minim





FR (C

omm

ents): FR (C

omm

ents): Justification : si la m

ise en place d’une durée longue pour l’utilisation des fréquences peut dans certains cas concourir à favoriser

la prévisibilité

des investissem

ents pour

les opérateurs, l’instauration d’une durée m

inimale – a fortiori

aussi longue - n’est pas compatible avec les exigences d’une

utilisation efficace

de la

ressource spectrale.

Celles-ci

comm

andent notam

ment

de pouvoir

adapter les

durées d’autorisation

au regard

des caractéristiques

de chaque

attribution en fonction de multiples facteurs (tels que la durée

nécessaire à l’amortissem

ent de l’investissement réalisé, le

niveau de concurrence attendu, la durée prévisible des services envisagés ainsi qu’une bonne planification des calendriers d’autorisations). Q

ui plus est, il n’y a pas de durée « minim

um » définie dans

une autorisation donnée.

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OR

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LU

MN

Ainsi, il est proposé de supprimer cette exigence d’une durée

minim

ale de

25 ans et

de prévoir,

en lieu et

place, un

mécanism

e de réexamen des conditions attachées aux droits

d’utilisation du

spectre radioélectrique

à des

échéances régulières, pour les autorisations octroyées sur des durées longues. C

e réexamen pourrait aboutir à une m

odification des obligations selon la procédure établie à l’article 18 de la présente proposition de directive.

3. A m

odification in the use of radio spectrum as a result of the

application of paragraphs 4 or 5 of Article 45 shall not justify

by itself the withdraw

al of a right to use radio spectrum.

3. A m

odification in the use of radio spectrum as a result of the

application of paragraphs 4 or 5 of Article 45 shall not justify

by itself the withdraw

al of a right to use radio spectrum.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

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K, L

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89 PL

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OR

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LU

MN

No com

ments

4. Any intention to restrict or w

ithdraw authorisations or

individual rights of use for radio spectrum or num

bers shall be subject to a public consultation in accordance w

ith Article 23.

ES

(Drafting):




bers for electronic

comm

unications shall

be subject

to a

public consultation in accordance w

ith Article 23

ES

(Com

ments):

CLA

RIFIC

ATIO

N N

EEDED

CZ

(Drafting):



individual rights of use for radio spectrum w

hich fall under A

rticle 54 or numbers shall be subject to a public consultation

in accordance with A

rticle 23.

CZ

(Com

ments):

We think that this requirem

ent is too broad.

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K, L

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OR

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NY

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OL

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FT HA

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LU

MN

We agree that public consultation is appropriate in cases w

here the num

ber of rights has been limited (A

rt.54). (it is also the current practice)

In other cases such requirement w

ould mean unnecessary

prolongation of the process.

In the CZ m

ost cases (99 %) of individual rights (not those

under Art.54) are w

ithdrawn on request of the holder. This

happens in

an adm

inistrative proceeding

without

public consultation.

Furthermore, the w

ord “authorisation” is not correct in relation to “w

ithdrawal”.

HR

(Drafting):

Delete

HR

(Com

ments):

It m

ust be

noted that

there are

circumstances

in w

hich w

ithdrawal of authorisations or individual rights of use for

radio spectrum or num

bers is consequence of cancelation of this

right from

the

holder’s side.

Therefore w

e deem

it

unnecessary performing public consultations in these cases.

Also, this obligation is not in line w

ith the right to decide upon w

ithdrawing of right of spectrum

usage due to a breach of prescribed conditions. In perform

ing the tasks of supervising

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K, L

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FT HA

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CO

LU

MN

and amending distortion in this aspect it is not acceptable for

the competent body to conduct public consultation. Instead, the

interested parties should have possibility to comm

ent and challenge

this decision.

In addition,

this obligation

is overburdening

in case

of services

other than

broadband (am

ateur, satellite, maritim

e, microw

ave, etc.).

HU

(Drafting):




bers shall be subject to a public consultation in accordance w

ith Article

23the interested parties.

HU

(Com

ments):

PU

BLIC

CO

NSU

LTATIO

N A

S A G

ENER

AL R

ULE IS N

OT IN

LINE W

ITH

THE PR

INC

IPLE OF PR

OPO

RTIO

NA

LITY . PU

BLIC

CO

NSU

LTATIO

N IS

IMPO

RTA

NT W

HER

E THE D

ECISIO

N H

AS A

SIGN

IFICA

NT IM

PAC

T ON

TH

E RELEV

AN

T MA

RK

ET, AS M

ENTIO

NED

IN A

RT 23.

AT

(Com

ments):

Ok.

SE

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FT HA

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LU

MN

(Drafting):



individual rights

of use

for radio

spectrum

or num

bers according

to this

article shall

be subject

to a

public consultation in accordance w

ith Article 23.

SE

(Com

ments):

Clarification. R

estrictions and withdraw

als can be made on

other legal grounds such as fraudulent behaviour or other conditions.

IT

(Drafting):




bers shall be, w

here appropriate,

subject to

a public

consultation in

accordance with A

rticle 23.

IT

(Com

ments):

the use of the public consultation seems excessive for each

restriction or withdraw

al of right of use.

UK

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T IN T

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FT HA

ND

CO

LU

MN

(Drafting):

REC

OM

MEN

D FO

LLOW

ING

CH

AN

GES:

4. Unless for reasons of non-com

pliance with licence

conditions, any intention to restrict or withdraw

authorisations or individual rights of use for radio spectrum

or numbers for

wireless broadband services shall be subject to a public

consultation in accordance with A

rticle 23.

UK

(Com

ments):

The current drafting seems to im

ply that Mem

ber States would

be required to publicly consult for ALL licences restrictions /

withdraw

als, the inference being that this would also apply to

withdraw

al for non-compliance w

ith licence conditions.

As w

ith many of the new

articles, it would seem

that this would

only apply to wireless broadband rather than A

LL ECS . The

Com

mission needs to be explicit w

hen the assumption is that a

provision will apply for w

ireless broadband only as, if applied to all EC

S, would be im

possible to implem

ent. For example,

PMSE licences are aw

arded for very short periods of time (less

than 1 year) so the process being proposed would take longer

than the period of the licence.

FR

(Drafting):

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LU

MN

FR

(Drafting):




bers without

the consent of the right holder shall be subject to a public consultation in accordance w

ith Article 23.

FR

(Com

ments):

FR

(Com

ments):

Justification: Pour permettre la suppression d’une autorisation

à la demande du titulaire ou si celui-ci en est d’accord sans

passer par une consultation publique qui serait inutile dans ce cas.

Article 28

Radio Spectrum

Coordination am

ong Mem

ber States U

K

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LU

MN

(Com

ments):

There are already processes available to Mem

ber States that allow

for resolution of cross-border interference issues so it is unclear w

hat additional value this article adds to the processes already open to M

ember States. There is, therefore, a question

on whether it is necessary to include this article. W

e cannot support any process w

hich allows the C

omm

ission to act upon its ow

n initiative to resolve cross-border interference issues

1. Mem

ber States and their competent authorities shall ensure

that the use of radio spectrum is organised on their territory in a

way that no other M

ember State is im

peded, in particular due to cross-border

harmful

interference betw

een M

ember

States, from

allowing on its territory the use of harm


in accordance with U

nion legislation.

HU

(Com

ments):

WE D

O N

OT SEE TH

E AD

DED

VA

LUE O

F THIS PA

RA

GR

APH, TH

E CO-

OPER

ATIO

N

BETW

EEN M

EMB

ER S

TATES

CU

RR

ENTLY

W

OR

KS

WELL B

ASED

ON

THE ITU

RA

DIO

REG

ULA

TION

S AN

D TH

E OTH

ER

INTER

NA

TION

AL

AG

REEM

ENTS .

TH

EREFO

RE

WE

SUG

GEST

CO

NSID

ERIN

G TH

E DELETIO

N O

F THIS PA

RA

GR

APH.

AT

(Com

ments):

Ok.

UK

(Drafting):

REC

OM

MEN

D follow

ing addition:

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MN

“Mem

ber States and their competent authorities shall ensure

that the use of harmonised radio spectrum

bands are organised on their territory in a w

ay that no other Mem

ber State is im

peded, in particular due to cross-border harmful interference

between M

ember States, from

allowing on its territory the use

of harmonised radio spectrum

in accordance with U

nion legislation.”

UK

(Com

ments):

It would be helpful if the C

omm

ission could clarify whether

this relate to harmonised spectrum

bands only or is it related to A

LL spectrum uses.

They shall take all necessary measures to this effect w

ithout prejudice

to their

obligations under

international law

and

relevant international

agreements

such as

the ITU

R

adio R

egulations.

HU

(Com

ments):

WE D

O N

OT SEE TH

E AD

DED

VA

LUE O

F THIS PA

RA

GR

APH, TH

E CO-

OPER

ATIO

N

BETW

EEN M

EMB

ER S

TATES

CU

RR

ENTLY

W

OR

KS

WELL B

ASED

ON

THE ITU

RA

DIO

REG

ULA

TION

S AN

D TH

E OTH

ER

INTER

NA

TION

AL

AG

REEM

ENTS .

TH

EREFO

RE

WE

SUG

GEST

CO

NSID

ERIN

G TH

E DELETIO

N O

F THIS PA

RA

GR

APH.

AT

(Com

ments):

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T IN T

HE LE

FT HA

ND

CO

LU

MN

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

2. Mem

ber States shall cooperate with each other, through the

Radio Spectrum

Policy Group, in the cross-border coordination

of the use of radio spectrum in order to:

CZ

(Drafting):

2. Mem

ber States shall cooperate with each other, in particular

through the Radio Spectrum

Policy Group, in the cross-border

coordination of the use of radio spectrum in order to:

CZ

(Com

ments):

MS shall be able to cooperate also bilaterally and not all cases

need to be solved through RSPG

.

Alternatively, the letter (a) could be deleted and letter (b) kept.

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FT HA

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CO

LU

MN

HU

(Com

ments):

IN

DISPU

TED

CA

SES, W

E C

AN

SU

PPOR

T TH

E PO

SSIBILITY

O

F IN

CLU

DIN

G TH

E RSPG

GO

OD

OFFIC

E PRO

CED

UR

E, IF A M

EMB

ER

STA

TE ASK

S FOR

IT, HO

WEV

ER W

E CA

NN

OT A

CC

EPT IT AS A

G

ENER

AL R

ULE. T

HER

EFOR

E WE SU

GG

EST TO D

ELETE POIN

T (A) A

ND

AM

END

POIN

T (B).

LV

(Drafting):

2. Mem

ber States shall cooperate with each other, through the

Radio Spectrum

Policy Group, in the cross-border coordination

of the use of radio spectrum in order to:

LV

(Com

ments):

Cross-border coordination issues are com

pletely covered by ITU

regulations, there is no need to implem

ent EU regulations

on this matter in parallel w

ith ITU. H

ence, we propose to

exclude this proposal for parallel mechanism

s.

AT

(Com

ments):

Ok.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

99 PL

EASE D

O N

OT A

DD

OR

DE

LETE A

NY

RO

WS, C

OL

UM

NS O

R C

ELLS O

R A

MEN

D TEX

T IN T

HE LE

FT HA

ND

CO

LU

MN

SE

(Drafting):

2. Mem

ber States shall may w

hen needed cooperate with each

other, through the Radio Spectrum

Policy Group, in the cross-

border coordination of the use of radio spectrum in order to:

SE

(Com

ments):

It should

not be

mandatory

to cooperate

through R

SPG.

Mem

ber states should firstly try to solve these issues among

themselves.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

LT

(Drafting):

2. Mem

ber States shall cooperate with each other, directly or

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K, L

T, FR and SK

100 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

through the Radio Spectrum

Policy Group, in the cross-border

coordination of the use of radio spectrum in order to:

LT

(Com

ments):

MS should have the possibility to cooperate directly each other

if necessary (even without R

SPG)

(a) ensure com

pliance with paragraph 1;

(a) ensure com


LV

(Drafting):

(a) ensure com


AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

101 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):

(a) ensure com


FR

(Com

ments):

FR

(Com

ments):

Justification : la proposition de la Com

mission fait rentrer tous

les processus de coordination bi latéraux et multi latéraux sous

le périmètre du RSPG

. Or, les bons offices du RSPG

ne jouent que le rôle de m

édiation en cas de difficulté. Le RSPG ne doit

pas prendre en charge toute la problématique de coordination

aux frontières.

(b) solve any problem

or dispute in relation to cross-border coordination or cross-border harm

ful interference. H

U

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K, L

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102 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):



ful interference if at least one of the affected M

ember States ask the assisitance of

Radio Spectrum

Policy Group after the justified failure of

bilateral negotiations.

LV

(Drafting):



ful interference.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

103 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Drafting):

FR

(Drafting):

(b) solve at a request from

Mem

ber States any problem


ful interference.

FR

(Com

ments):

FR

(Com

ments):

Justification : C

es am

endements

permettent de clarifier le

périmètre des bons offices du RSPG

.

3. Any M

ember State concerned as w

ell as the Com

mission

may request the R


roup to use its good offices

and, w

here appropriate,

to propose

a coordinated

solution in an opinion, in order to assist Mem

ber States in com

plying with paragraphs 1 and 2.

HU

(Drafting):

3. Any M


ell as the Com

mission

may request the R



and, w

here appropriate,

to propose

a coordinated

solution in an opinion, in order to assist Mem

ber States in

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

104 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

complying w

ith paragraphs 1 and 2.

HU

(Com

ments):

WE SU

GG

EST THA

T ON

LY TH

E MEM

BER

STA

TES SHO

ULD

HA

VE

THE

POW

ER

TO

REQ

UEST

THE

RSPG

TO

H

ELP W

ITH

THE

SETTLEMEN

T OF TH

E DISPU

TE BETW

EEN TH

E MEM

BER

STA

TES.

LV

(Drafting):

3. Any M

ember State concerned on its ow

n initiative as well

as the Com

mission m

ay request the Radio Spectrum

Policy G

roup to use its good offices and, where appropriate, to

propose a coordinated solution in an opinion, in order to assist M

ember States in com


LV

(Com

ments):

An appropriate approach in practice is requesting R

SPG to use

good offices by an initiative of a respective Mem

ber State.

AT

(Com

ments):

Ok.

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

105 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Drafting):

3. Any M


ell as the Com

mission

may request the R


roup to mediate on

issues concerning

cross-border harm

ful interference

between m

ember states through use its good offices and,

where appropriate, to propose a coordinated solution in an

opinion, in order to assist Mem

ber States in complying w

ith paragraphs 1 and 2.

SE

(Com

ments):

The Com

mission should not on its ow

n be able to request R

SPG opinions on coordinated solutions. It should be up to the

mem

ber states concerned. Also clarification on the possibility

for RSPG

to m

ediate on issues concerning cross-border harm

ful interference between m

ember states through its good

offices.

UK

(Drafting):

No recom

mended changes but needs pointing out that this

somew

hat contradicts the Com

mission’s w

ish for RSPG

to be a high-level strategic group rather than a technical group.

UK

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

106 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

The Com

mission have expressed a w

ish for RSPG

to become

more of a high-level strategic group rather than a technical

group, which contradicts w

hat is written here. The

Com

mission m

ay, therefore, want to consider w

hether this is appropriate.

FR

(Drafting):

FR

(Drafting):

3. Any M


ell as the Com

mission

may request the R



and, w

here appropriate,

to propose

a coordinated

solution, including in an opinion, in order to assist Mem

ber States in com


4. At the request of a M

ember State or upon its ow

n initiative, the C

omm

ission may, taking utm

ost account of the opinion of the

Radio

Spectrum

Policy G

roup, adopt

implem

enting m

easures to resolve cross-border harmful interferences betw

een tw

o or several Mem

ber States which prevent them

from using

the harm

onised radio

spectrum

in their

territory. Those

implem

enting acts shall be adopted in accordance with the

examination procedure referred to in A

rticle 110(4).

ES

(Drafting):

Delete

ES

(Com

ments):

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, AT, SE, PL, IT, U

K, L

T, FR and SK

107 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

WE

DO

N,T

SEE TH

E N

EED

OR

V

ALU

E O

F TH

ESE IM

PLEMEN

TING

AC

TS

CZ

(Drafting):



n initiative, the C

omm

ission may shall, taking utm

ost account of the opinion

of the

Radio

Spectrum

Policy G

roup, adopt

implem

enting m

easures to

resolve cross-border

harmful

interferences between tw

o or several Mem

ber States which

prevent them from

using the harmonised radio spectrum

in their territory.

Those im

plementing

acts shall

be adopted

in accordance w

ith the examination procedure referred to in

Article 110(4).

CZ

(Com

ments):

The Com

mission should not decide in a case w

here none of the m

ember states involved seeks such help.

HU

(Drafting):

4. At the request of an affected M


n initiative, the C

omm



of the

Radio

Spectrum

Policy G

roup, adopt

implem

enting m

easures to


harmful


o or several Mem

ber States which

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

108 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

prevent them from


in their territory.

Those im

plementing

acts shall

be adopted

in accordance w


Article 110(4).

HU

(Com

ments):

HU

NG

AR

Y

AC

CEPTS,

THA

T IN

SO

ME

EXC

EPTION

ALY

PR

OB

LEMA

TIC C

ASES O

VER

THE M

EDIA

TION

AC

TIVITIES B

ETWEEN

M

EMB

ER S

TATES, IN

TERV

ENTIO

N OF TH

E CO

MM

ISSION

CO

ULD

BE

JUSTIFIED

TO M

AX

IMIZE TH

E LEVEL O

F HA

RM

ON

IZATIO

N , ON

LY IF

ALL

OF TH

E A

VA

ILAB

LE PR

OC

EDU

RE

FAILS,

THA

T IS:

TH

E G

OO

DW

ILL A

CTIV

ITY

DO

ES NO

T W

OR

K EFFECTIV

ELY

AN

D

A

MEM

BER

STA

TE REQ

UIR

ES THE IN

TERV

ENTIO

N.

LV

(Drafting):



n initiative, the C

omm


ost account of the opinion of the

Radio

Spectrum

Policy G

roup, adopt

implem

enting m

easures to resolve cross-border harmful interferences betw

een tw

o or several Mem


from using

the harm

onised radio

spectrum

in their

territory. Those

implem

enting acts shall be adopted in accordance with the


rticle 110(4).

LV

(Com

ments):

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K, L

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109 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Cross-border coordination is the task and responsibility of the

respective administrations and should be carried out by them

. EU

im

plementing

measures

to resolve

cross-border coordination are hence not appropriate.

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Bi-

and m

ultilateral coordination

already is

now

quite successful according to existing rules. C

oordination within the

framew

ork of

the R

SPG

is O

K,

but the

competence

for im

plementation

measures

appears overw

helming

and is

therefore rejected.

SE

(Drafting):

Deleted

SE

(Com

ments):

The use of implem

enting measures to to resolve cross-border

harmful interferences betw

een two or several M

ember States is

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K, L

T, FR and SK

110 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

not a means to solve cross border issues on a case by case basis.

This could in effect mean that cross border interferences w

ould not be resolved based on best practice but in effect be based on votes by M

ember states w

here larger mem

ber states may have

greater influence.

It m

ight also

be unnecessary

and very

administrative burdensom

e to activate all Mem

ber states in a issue concerning only tw

o or maybe m

ore mem

ber states.

PL

(Drafting):


ember State concerned or upon its ow

n initiative, the C

omm



of the

Radio

Spectrum

Policy G

roup, adopt

implem

enting m

easures to


harmful


o or several Mem

ber States which

prevent them from


in their territory.

Those im

plementing

acts shall

be adopted

in accordance w


Article 110(4).

PL

(Com

ments):

In principle, Poland supports all related initiatives ensuring adequate cooperation betw

een Mem

ber States and indicate that such cooperation is currently taking place w

ithin the RSPG

and the dedicated G

ood Offices W

orking Group. W

e point out that the

unresolved issues

of cross-border

interference can

significantly influence the development of the Single D

igital M

arket and delay the implem

entation of the decision on new

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, AT, SE, PL, IT, U

K, L

T, FR and SK

111 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

radio spectrum resources. Thus, the proposed directive should

take utm

ost into

account the

conditions of

the bordering

countries with non-EU

countries and their need for necessary cross-border coordination w

ith non-EU countries w

hich are not subject to the uniform

European regulations. Implem

entation of com

mon targets across the U

nion for the use of radio spectrum

can not ignore this aspect, as otherwise w

e won’t be able to

establish a fully single market. Poland does not support the

proposed provision

in paragraph

1.4 em

powering

the C

omm

ission to take on its own initiative on im

plementing

measures

to resolve

disputes betw

een individual

Mem

ber States. These issues should be resolved betw

een the parties concerned or using R

SPG G

ood Offices tool, and if these basic

mechanism

s fail, only the countries concerned should be able to apply to the European C

omm

ission.

IT

(Com

ments):

The realization of the harmonizationm

ust be implem

ented by each

State, w

ithout C

omm

ission substitute

powersin

the national legal fram

ework, in order to not collide w

ith the principle of subsidiarity and proportionality of the action of the European

Union.W

e express

the need

to m

aintain an

appropriate balance of competences.

We

propose the

repeal of

this part

or, alternatively,

a reform

ulation of the same paragrafh finalized to recall the

existing pow

ers of

intervention provided

by current

law

(infringement procedure).

UK

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

112 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

DELETE “or upon its ow

n initiative…”

UK

(Com

ments):

The Com

mission should not be able to act upon its ow

n initiative to adopt im

plementing m

easures to resolve cross-border interference issues. A

ll action by the Com

mission

should be at the request of an affected Mem

ber State.

FR

(Drafting):

FR

(Drafting):

4. At the resquest of R

SPG w

hen it considers that an im

plementing

measure

is necessary

to enforce

its recom

mended

solution to


harmful

interferenceAt the request of a M

ember State or upon its

own initiative the C

omm


ost account of the

opinion of

the R

adio Spectrum

Policy

Group,

adopt im

plementing m

easures with the recom

mended solution. to

resolve cross-border harmful interferences betw

een two or

several Mem


from using the

harmonised

radio spectrum

in

their territory.

Those im

plementing acts shall be adopted in accordance w

ith the

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113 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N


rticle 110(4).

FR

(Com

ments):

FR

(Com

ments):

Justification: le RSPG peut recom

mander à la C

omm

ission la m

ise en oeuvre de solutions pour résoudre des difficultés ponctuelles de coordination aux frontières.

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, AT, SE, PL, IT, U

K, L

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114 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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TH

E LEFT H

AN

D C

OL

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N

Article 30 U

K

(Com

ments):

Article 30 is m

ostly in-line with pow

ers in Article 10 of the

current framew

ork. During

FR

(Com

ments):

FR

(Com

ments):

Pas de changement

Com

pliance with the conditions of the general authorisation

or of rights of use and with specific obligations

1. M

ember States shall ensure that their national regulatory

and other competent authorities

monitor and supervise

compliance w

ith the conditions of the general authorisation or of rights of use

for radio spectrum and for num

bers , w

ith the specific obligations referred to in A

rticle 13(2) and w

ith the obligation to use radio spectrum

effectively and efficiently in accordance w

ith Articles 4, 45 and 47 paragraphs 1 and 2.

AT

(Com

ments):

Ok. N

o changes with regards to content - there are now

"other com

petent authorities" inserted - besides the NR

A -> m

akes sense, for exam

ple, the ministry is also responsible for the

verification of

the fulfillm

ent of

conditions related

to

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, AT, SE, PL, IT, U

K, L

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115 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

frequencies allocated by the ministry.

SE

(Drafting):

1. M

ember States shall ensure that their national regulatory

and other competent authorities

monitor and supervise

compliance w

ith the conditions of the general authorisation or general authorisation to of rights of use

for radio spectrum

and for numbers

, with the specific obligations referred to in

Article 13(2)

and with the obligation to use radio spectrum

effectively and efficiently in accordance w

ith Articles 4, 45 and

47 paragraphs 1 and 2.

SE

(Com

ments):

Clarification in relation to the concept of general authorisation.

In order to clearly separate between general authorisation (in

the meaning of undertakings/m

arket access) and the right to use radio spectrum

without an individual right of use.

See also

proposal for

an added

definition on

general authorisation to use radio spectrum

, (not provided in this docum

ent).

UK

(Drafting):

No recom

mended changes at this point but our position m

ay

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

116 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

change depending if there are changes to articles 45 and 47.

UK

(Com

ments):

Council W

orking Groups, C

omm

ission made specific reference

to this article, along with 47, to perm

it network sharing but this

already happens in the UK

and other countries without the need

for legislation.

National regulatory

and other competent

authorities shall have the pow

er to require undertakings covered by the general authorisation or enjoying rights of use for radio

spectrum

or num

bers to provide all information necessary to verify

compliance w

ith the conditions of the general authorisation or of rights of use or w

ith the specific obligations referred to in A

rticle 13(2) or A

rticle 47(1) and (2) , in accordance

with A

rticle 21.

AT

(Com

ments):

Ok. N

o changes with regards to content - there are now

"other com

petent authorities" inserted - besides the NR

A -> m

akes sense, for exam

ple, the ministry is also responsible for the

verification of

the fulfillm

ent of

conditions related

to frequencies allocated by the m

inistry.

UK

(Drafting):

INSER

T “Mem

ber States or their national regulatory and other com

petent authorities shall…”

UK

(Com

ments):

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S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

117 PLEA

SE DO

NO

T AD

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

The authority of the NR

A varies betw

een countries so there can’t be an assum

ption that responsibility falls to the NR

A

rather than the Mem

ber State.

2. Where a national

competent

authority finds that an undertaking

does not

comply

with

one or

more

of the

conditions of the general authorisation or of rights of use, or w

ith the specific obligations referred to in Article 13(2), it shall

notify the

undertaking of

those findings

and give

the undertaking

the opportunity

to state

its view

s, w

ithin a

reasonable time lim

it.

AT

(Com

ments):

Ok

UK

(Drafting):

2. Where a M

ember State, N

ational Regulatory A

uthority or national

competent

authority finds that an undertaking does not com

ply with one or m

ore of the conditions of the general authorisation or of rights of use …

.

UK

(Com

ments):

No com

ments

3. The relevant authority shall have the power to require the

cessation of the breach referred to in paragraph 2 either im

mediately or w

ithin a reasonable time lim

it and shall take appropriate

and proportionate

measures

aimed

at ensuring

AT

(Com

ments):

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K, L

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NO

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Y R

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S, CO

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MN

S OR

CE

LLS OR

AM

END

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UM

N

compliance.

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

In this regard, Mem

ber States shall empow

er the relevant authorities to im

pose: A

T

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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K, L

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MN

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UM

N

(a) dissuasive financial penalties w

here appropriate, w

hich may include periodic penalties having retroactive effect;

and

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(b) orders to cease or delay provision of a service or

bundle of

services w

hich, if

continued, w

ould result

in significant

harm

to com

petition, pending

compliance

with

access obligations imposed follow

ing a market analysis carried

out in accordance with A

rticle 65 .

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

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K, L

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

D C

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UM

N

UK

(Com

ments):

No com

ments

The m

easures and the reasons on which they are based

shall be comm

unicated to the undertaking concerned without

delay and shall stipulate a reasonable period for the undertaking to com

ply with the m

easure.

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

4. Notw

ithstanding paragraphs 2 and 3, Mem

ber States shall em

power the relevant authority to im

pose financial penalties w

here appropriate

on undertakings

for failure

to provide

information in accordance w

ith the obligations imposed under

Article 21(1)(a) or (b) and A

rticle 67 within a reasonable

AT

(Com

ments):

Ok

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N

period stipulated by the national com

petent authority.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

5. In cases of serious breach

or repeated breaches of the conditions of the general authorisation or of the rights of use, or specific obligations referred to in A

rticle 13(2) or A

rticle 47 (1) or (2)

, where m

easures aimed at ensuring com

pliance as referred to in paragraph 3 of t his A

rticle have failed, M

ember States shall ensure that

national regulatory and

other com

petent

authorities m

ay prevent

an undertaking

from

continuing to

provide electronic

comm

unications networks or services or suspend or w

ithdraw

rights of use. M

ember States shall em

power the relevant

authority to impose

sanctions and penalties which are

effective, proportionate and dissuasive. Such sanctions and

penalties m

ay be applied to cover the period of any breach, even if the breach has subsequently been rectified.

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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K, L

T, FR and SK

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NO

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Y R

OW

S, CO

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MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

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UM

N

6. Irrespective of the provisions of paragraphs 2, 3 and 5, where

the relevant authority has evidence of a breach of the conditions of the general authorisation

or of the rights of use or of

the specific

obligations referred

to in

Article

13(2) or A

rticle 47(1) and (2) that represents an im

mediate

and serious threat to public safety, public security or public health or w

ill create serious economic or operational problem

s for other providers or users of electronic com

munications

networks or services or other users of the radio spectrum

, it m

ay take urgent interim m

easures to remedy the situation in

advance of

reaching a

final decision.

The undertaking

concerned shall thereafter be given a reasonable opportunity to state its view

s and propose any remedies. W

here appropriate, the relevant authority m

ay confirm the interim

measures, w

hich shall be valid for a m

aximum

of 3 months, but w

hich may, in

circumstances w

here enforcement procedures have not been

completed, be extended for a further period of up to three

months.

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

7. Undertakings shall have the right to appeal against m

easures taken under this A

rticle in accordance with the procedure

referred to in Article 31 of

this D

irective .

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

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K, L

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N

UK

(Com

ments):

No com

ments

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UM

N

CH

APTE

R II

CO

NSIST

EN

T SPE

CT

RU

M A

SSIGN

EM

EN

T

Article 35 H

R

(Drafting):

Delete the w

hole article or amend in a w

ay that peer review

process remains as a facultative and not obligatory process and

more as a process of exchanging best practices

HR

(Com

ments):

Managem

ent of spectrum, that is procedures regarding selection

process, criteria of eligibility, economic value of the spectrum

and so on, should be left to the decision of each m

ember state

and not be subject to any prior evaluation or notification to B

EREC

or any other agency. The coordination in relation to harm

onization of

spectrum

is currently

efficiently m

et in

RSPG

. Therefore we consider that this platform

can further be used for this coordination as w

ell as for exchanging best

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N

practices regarding assigning of the spectrum. The proposed

peer review process w

ill create unnecessary burden for the regulators

as w

ell as

prolong the

process of

spectrum

assignment.

LV

(Drafting):

Article 35

Peer review process

LV

(Drafting):

Peer review process

LV

(Com

ments):

Introduction of

a m

andatory “peer

review”

stage in

the spectrum

assignment process, obviously and notably extending

it in time, introduces uncertainties, creates burden for N

RA

s, and reduces role of N

RA

s, which have the highest com

petence, experience and real responsibility in the chain of actions. The real added value of this m

echanism is not visible. The exchange

of best

practice in

the R

SPG

framew

ork is

a sufficient

instrument. O

ur proposal is to delete this article.

It is not clear what position also w

ill be given by RSPG

. There

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NO

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S OR

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N

is already a voluntary mechanism

on RSPG

opinion, but we

wouldn't w

ant to do it in all cases described in article 35 (1). There are recognizable bureaucracy and unnecessary barriers to national com

petent authorities.

AT

(Com

ments):

The m

andatory peer

review

process as

proposed is

seen sceptically. The proposal of the C

omm

ission has to be seen as part of their overriding objective to achieve a m

ore coordinated approach tow

ards national spectrum assignm

ent procedures and license conditions at U

nion level. The Com

mission’s current

proposal w

ould underm

ine fast

and efficient

spectrum

assignment procedures across Europe. This is due to the fact

that the outlined peer review procedure w

ould require NR

A’s in

the forefront to notify any national draft measure to B

EREC

, the C

omm

ission and other NR

A’s in addition to national

consultations. O

ne option

instead of

having an

extra bureaucratic layer w

ould be to open (mandatory) national

consultation procedures on high stake award procedures to

BER

EC and R

SPG. A

part from that one im

portant requirement

to facilitate the coordination between the M

ember States w

ould be to endow

all NR

As w

ith a minim

um set of com

petences. W

ith regard to spectrum, at least com

petition issues (such as m

arket shaping tasks and key issues regarding conditions attached such as coverage or sharing and aw

ard procedures) should be under the com

petences of NR

As. C

onsequently, B

EREC

should also be in charge of those issues. The more

strategic and technical parts of spectrum m

anagement can

remain w

ith RSPG

. If a peer review or a consultation procedure

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NO

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N

is foreseen in the new fram

ework both B

EREC

and RSPG

should have a role.

SE

(Drafting):

Powers of the national regulatory authorities Peer review

process

SE

(Com

ments):

The first part of this article does not regulate a peer review

process and should as such have its own article and headline.

IT

(Drafting):

Delete entire article

UK

(Com

ments):

A peer review

process as proposed in the EECC

is based on the idea that any aw

ard decision can be checked against an ideal m

odel. We don’t believe that this is possible and refer to the

outcome of the R

SPG report on Efficient A

wards and Efficient

Use of Spectrum

. Moreover, the proposed peer review

process w

ould create an imm

ense bureaucratic burden on national

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UM

N

administrations and the C

omm

ission and is in contradiction w

ith our shared aim of deregulation.

The proposed approach which involves B

EREC

, the C

omm

ission and NR

As w

ould increase legal uncertainty and inevitably introduce severe delays to aw

ards, increase the possibility of litigation and risk stifling innovation in aw

ard design w

ithout achieving the intended benefits. Those Mem

ber States w

ishing to move m

ore rapidly may be hindered. It m

ay also be that the m

ost appropriate knowledge and experience is

found elsewhere other than in B

EREC

or any other European institution (e.g. it m

ay be more appropriate for a M

ember State

to seek peer review on incentive auction proposals from

the US

FCC

as they have the knowledge and experience). The

proposed peer-review process is therefore neither adequate nor

proportionate.

Instead of a particular and burdensome process, the

Com

mission and M

ember States should strengthen voluntary

cooperation and sharing of good practice on technical and political level. A

reinforced RSPG

(not BER

EC) com

posed of H

igh Level Representatives of M

ember States and follow

ing a strategic approach concerned w

ith all relevant aspects linked to spectrum

would be a good vehicle for that.

FR

(Com

ments):

FR

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MN

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LLS OR

AM

END

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AN

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N

(Com

ments):

Justification: Les autorités françaises reconnaissant le rôle positif que pourrait jouer une revue par les pairs pour apporter un soutien aux États m

embres dans le processus com

plexe d'attribution du

spectre. Elles

proposent donc de ne pas supprim

er cet article, mais plutôt de le rem

odeler de manière à

atteindre les objectifs suivants :

- Faire preuve de diligence;

- Fournir un soutien aux processus des États m

embres;

- Répondre aux souhaits des parties prenantes et de la C

omm

ission.

H

U

(Com

ments):

WE

DO

N

OT

SEE A

NY

A

DD

ED

VA

LUE

OF

THIS

PRO

VISIO

N, W

HER

EAS , TH

E NU

MER

OU

S PRO

CEED

ING

S WH

ICH

HA

VE TO

BE

REV

IEWED

BY

ALL O

F THE M

EMB

ER S

TATES, C

ON

STITUTES A

SIG

NIFIC

AN

T BU

RD

EN O

N EA

CH

MEM

BER

STA

TE. IN O

UR

VIEW

, TH

E PRO

CEED

ING

SUG

GESTED

BY

THE C

OM

MISSIO

N M

AK

ES THE

ASSIG

NM

ENT

PRO

CED

UR

E C

UM

BER

SOM

E, TH

EREFO

RE

WE

PRO

POSE

TO

DELETE

THESE

PRO

VISIO

NS. F

IRST

WE

HA

D

TO

DEFIN

E THE A

IM O

F THE PR

OC

ESS. WE B

ELIVE TH

E ASSISTA

NC

E FR

OM

THE O

THER

MEM

BER

STA

TES EXPER

TS AR

E CA

N SU

PPOR

T TH

E EVA

LUA

TION

OF TH

E AW

AR

D PR

OC

ESSES . IN LIN

E WITH

THA

T ID

EA, THE SEC

ON

D B

EST OPTIO

N FO

R TH

E PEER R

EVIEW

IS THA

T

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N

ON

V

OLU

NTA

RY

B

ASIS M

EMB

ERS S

TATES

AN

D

CO

MPETEN

T A

UTH

OR

ITIES THR

OU

GH

RSPG

AN

D B

EREC

CO

OPER

ATE A

ND

SH

AR

E BEST PR

AC

TICES. IT IS FU

ND

AM

ENTA

L TO EN

SUR

E THA

T A

NY

PRO

CED

UR

E APPLIED

MU

ST NO

T SLOW

DO

WN

THE N

ATIO

NA

L SPER

CTR

UM

ALLO

CA

TION

PRO

CESSES .

1. As regards the m


, national regulatory authorities shall be entrusted w

ith the powers to at

least adopt the following m

easures::

ES

(Drafting):

1. As regards the m


, national regulatory authorities or other com

petent authorities shall be entrusted w

ith the powers to at least adopt the follow

ing m

easures::

ES

(Com

ments):

DEC

ISION

S O

N

THE

DO

MESTIC

A

DM

INISTR

ATIV

E A

RR

AN

GEM

ENTS SH

OU

LD R

EMA

IN A

T THE M

EMB

ER

STATES D

ISCR

ETION

1. As regards the m


, national regulatory authorities shall be entrusted w

ith the powers to at

least adopt the following m

easures::

AT

(Com

ments):

We support a m

inimum

set of competences for N

RA

s

Formatted

: Font: Bold

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N

IT

(Com

ments):

The proposed

regulatory process

results to

be com

plex, farraginous and w

ith uncertain timing. W

e believe that the proposal of this m

andatory process is in contradiction with the

aim

of deregulation,

could increase

legal uncertainty

and bureaucracy, potentially introduces delays to aw

ards, opens the possibility of increased litigation. W

e propose a share of the final goals, with a possible voluntary

sharing of experiences,but without a participatory process so

pervasive of these subjects. The formation of the regulation at

national level should be as currently expected.

In this regard we outline that the com

petences should be different, thus w

e do not agree on art 35.1. Having som

e of the pow

ers granted to the NR

A, infact, is not acceptable because of

the direct competence of the State (35.1.c, d, f), or at least to

share with N

RA

(35.1.i)

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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N

FR

(Drafting):

FR

(Drafting):

1. As regards the m


, national regulatory authorities shall be entrusted at least w

ith either the pow

ers to at least

adopt or the powers to propose to

competent authorities the follow

ing measures:

FR

(Com

ments):

FR

(Com

ments):

Justification : pour laisser aux États mem

bres la possibilité de partager

les com

pétences proposées

pour les

ARN

avec d’autres entités. Si une com

pétence minim

ale pour toutes les ARN

peut être souhaitable en la matière, elle doit être lim

itée et ne pas préjuger de la capacité des Etats m

embres à m

aintenir une organisation dans lesquelles ils dem

eurent décisionnaires in fine.

SK

(Com

ments):

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NO

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MN

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N

We have an objection as regards the proposal to m

ake NR

A

decisions regarding managem

ent of radio spectrum, as outlined

in letters a)-g), subject to the peer review process led by

BER

EC. The procedure is too com

plex and would lead to

unnecessary administrative burden and inefficient and lengthy

decision making. A

lso, we view

this is a duplicity to the existing advisory role provided by the R

SPG, w

hich offers in-depth technical capacities and has proven to be a useful platform

for

exchange of

expertise. W

e suggest

deleting paragraphs 2-8.

(a) in case of individual rights of use for radio

spectrum, the selection process, in relation to A

rticle 54; (a)

in case of individual rights of use for radio spectrum

, the selection process, in relation to Article 54;

AT

(Com

ments):

We support a m

inimum


RA

s

SE

(Drafting):

(f a) in case of individual rights of use for radio spectrum

, the selection process, in relation to A

rticle 54;

SE

(Com

ments):

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K, L

T, FR and SK

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SE DO

NO

T AD

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

The numbering should be sequential related to the num

bering of the articles it directs to.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(b) the criteria regarding the eligibility of the bidder,

where appropriate, in relation to A

rticle 48 (4); (b)

the criteria regarding the eligibility of the bidder, w

here appropriate, in relation to Article 48 (4);

AT

(Com

ments):

We support a m

inimum


RA

s

SE

(Drafting):

(g a) in case of individual rights of use for radio spectrum

, the selection process, in relation to A

rticle 54;

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K, L

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SE DO

NO

T AD

D O

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):



UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(c) the param

eters of spectrum econom

ic valuation m

easures, such as the reserve price, in relation to Article 42;

(c) the param

eters of spectrum econom

ic valuation m

easures, such as the reserve price, in relation to Article 42;

AT

(Com

ments):

We support a m

inimum


RA

s

SE

(Drafting):

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K, L

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SE DO

NO

T AD

D O

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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TH

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AN

D C

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UM

N

(a c) the

parameters

of spectrum

econom

ic valuation

measures, such as the reserve price, in relation to A

rticle 42;

SE

(Com

ments):



UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):

(c) the

parameters

of spectrum

econom

ic valuation

measures, such as the reserve price, in relation to A

rticle 42;

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K, L

T, FR and SK

137 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

FR

(Com

ments):

FR

(Com

ments):

(d) the

duration of

the rights

of use

and the

conditions for renewal in line w

ith Articles 49 and A

rticle 50; (d)

the duration

of the

rights of

use and

the conditions for renew

al in line with A

rticles 49 and Article 50;

AT

(Com

ments):

We support a m

inimum


RA

s

SE

(Drafting):

(c d) the duration of the rights of use and the conditions for

renewal in line w

ith Articles 49 and A

rticle 50;

SE

(Com

ments):


bering

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K, L

T, FR and SK

138 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

of the articles it directs to.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(e) any m

easures to promote com

petition pursuant to A

rticle 52, when necessary;

(e) any m

easures to promote com

petition pursuant to A

rticle 52, when necessary;

AT

(Com

ments):

We support a m

inimum


RA

s

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

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R, H

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K, L

T, FR and SK

139 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

No com

ments

(f) the conditions related to the assignm

ent, transfer, including trade and lease of rights of use for radio spectrum

in relation

to A

rticle 51,

sharing of

spectrum

or w

ireless infrastructure in relation to A

rticle 59 paragraph 3 or the accum

ulation of rights of use in relation to Article 52 paragraph

2 (c) and (e); and

(f) the conditions related to the assignm

ent, transfer, including trade and lease of rights of use for radio spectrum

in relation

to A

rticle 51,

sharing of

spectrum

or w




2 (c) and (e); and

AT

(Com

ments):

We support a m

inimum


RA

s

SE

(Drafting):

(d f) the

conditions related

to the

assignment,

transfer, including trade and lease of rights of use for radio spectrum

in relation

to A

rticle 51,

sharing of

spectrum

or w




2 (c) and (e); and

SE

(Com

ments):


bering

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R, H

U, LV

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K, L

T, FR and SK

140 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

of the articles it directs to.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(g) the param

eters of coverage conditions pursuant to overall M

ember State policy objectives in this respect, in

relation to Article 47.

(g) the param




AT

(Com

ments):

We support a m

inimum


RA

s

SE

(Drafting):

(b g) the param




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141 PLEA

SE DO

NO

T AD

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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TH

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AN

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N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

When

adopting these

measures,

the national

regulatory authority shall take into account the relevant national policy objectives set out by the M

ember State as w

ell as other relevant national

measures

in regard

to the

managem

ent of

radio spectrum

in compliance w

ith Union law

and shall base its m

easure on

a thorough

and objective

assessment

of the

competitive, technical and econom

ic situation of the market.

ES

(Drafting):

When

adopting these

measures,

the national

regulatory authority

or other

competent

authorities shall

take into

account the relevant national policy objectives set out by the M

ember State as w

ell as other relevant national measures in

regard to the managem

ent of radio spectrum in com

pliance with

Union law

and shall base its measure on a thorough and

objective assessm

ent of

the com

petitive, technical

and econom


When

adopting these

measures,

the national

regulatory authority shall take into account the relevant national policy objectives set out by the M

ember State as w


measures

in regard

to the

managem

ent of

radio spectrum

in compliance w

ith Union law


easure on

a thorough

and objective

assessment

of the

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K, L

T, FR and SK

142 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

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MN

S OR

CE

LLS OR

AM

END

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AN

D C

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UM

N



AT

(Com

ments):

Ok

UK

(Drafting):

When adopting these m

easures, the national regulatory authority shall take into account the relevant national policy objectives set out by the M

ember State as well as other relevant

national measures in regard to the m

anagement of radio

spectrum in com

pliance with U

nion law and shall base its m

easure on a thorough and objective assessment of the



Where a M

ember State intends to take a m

easure which falls

within the scope of paragraph 1 (a) to (g), it shall consult on

the proposed draft measure in accordance w

ith Article 23 and m

ake the draft measure accessible to the com

petent authorities of other M

ember States through the RSPG

, together with the

reasoning on which the m

easure is based, and give interested parties, including the RSPG

, the opportunity to comm

ent on the draft m

easure within a reasonable period.

FR

(Drafting):

FR

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K, L

T, FR and SK

143 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

When adopting these m

easures, the national regulatory authority shall take into account the relevant national policy objectives set out by the M

ember State as w

ell as other

relevant national

measures

in regard

to the

managem

ent of radio spectrum in com

pliance with U

nion law

and shall base its measure on a thorough and objective

assessment

of the

competitive,

technical and

economic

situation of the market. W

hen adopting or proposing to com

petent authorities these measures, the national regulatory

authority shall take into account the relevant national policy objectives set out by the M

ember State as w


measures

in regard

to the

managem

ent of

radio spectrum

in compliance w

ith Union law


easure on

a thorough

and objective

assessment

of the



SE

(Drafting):

Article 35 a

Peer review process

2. Where a national regulatory authority intends to take a

measure w

hich falls within the scope of paragraph 1 (a) to (g),

it shall make the draft m

easure accessible, together with the


easure is based, to BER

EC, the

Com

mission

and national


in other

Mem

ber States, at the same tim

e.

ES

(Drafting):


measure w

hich falls within the scope of paragraph 1 (a) , (f) or

(g), it may m

ake the draft measure accessible, together w

ith the

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NO

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OW

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MN

S OR

CE

LLS OR

AM

END

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UM

N


easure is based, to the the Radio

Spectrum Policy G

roup (RSPG

), the Com

mission and national

regulatory authorities in other Mem


e.

ES

(Com

ments):

WE B

ELIEVE IN

A V

OLU

NTA

RY

SCH

EME TH

RO

UG

H

THE R

SPG

THE C

OM

MISSIO

N A

ND

ALL M

EMB

ER STA

TES AR

E R

EPRESEN

TED

AT

THE

RSPG

A

ND

TH

E D

RA

FT M

EASU

RES W

ILL ALSO

BE A

CC

ESSIBLE TH

RO

UG

H

THE R

SPG PEER

REV

IEW PLA

TTFOR

M

CZ

(Com

ments):

We are convinced that m

andatory peer review, as proposed,

would lead to unjustified prolongation of the processes and

would not bring m

uch added value.

Nevertheless, w

e think that sharing of information is im

portant. W

e could support peer review in a form

of e.g. information

sharing portal, but with no procedural consequences. Paragraph

2 could be kept and paragraphs 3-6 should be deleted.


measure w






EC, the

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NO

T AD

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Y R

OW

S, CO

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S OR

CE

LLS OR

AM

END

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N

Com

mission

and national


in other

Mem


e.

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):

1 2. Where a national regulatory authority intends to take a

measure w

hich falls within the scope of article 35 paragraph 1

(a) to (g), it shall may m

ake the draft measure accessible,

together with the reasoning on w

hich the measure is based, to

BER

EC, the R


roup, the Com

mission

and national regulatory authorities in other Mem

ber States, at the sam

e time as the public consultation according to article

23.

SE

(Com

ments):

This provides for a voluntary peer review process in m

ost cases. A

lso a clarification that this process is at the same tim

e

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K, L

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146 PLEA

SE DO

NO

T AD

D O

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N

as other consultation in order for it not to slow dow

n the current national process. This m

eans that the peer review process

would clearly be a part of the norm

al public consultation process in these circum

stances.

PL

(Drafting):


measure w


it shall may voluntary m

ake the draft measure accessible,

together with the reasoning on w

hich the measure is based, to

BER

EC, the C

omm

ission and national regulatory authorities in other M

ember States, at the sam

e time.

PL

(Com

ments):

Poland supports the goal of strengthening cooperation between

Mem

ber States, especially within the existing institutional

structures. If the peer review m

echanism as envisaged in the

Code is to be sustained, it should be m

odified. We share the

opinion that such peer review should be based on voluntary

basis, facilitate information sharing and cooperation. A

t the sam

e time, w

e have to keep in mind that any additional

bureaucratic obligations may prolong authorisation procedures

thus unnecessary administrative burden should be avoided. The

peer review, should be nationw

ide, but its application to other m

easures should be limited. A

pplying it to such a wide range of

issues - as is currently the case - may adversely affect the

efficiency of spectrum m

anagement processes and w

ill also

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K, L

T, FR and SK

147 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

lead to a significant increase of bureaucracy. The Peer Review

Platform

is already established within R

SPG, accessible to all

mem

bers of the RSPG

, enabling the exchange of experiences, support and view

s related to the development of certain radio

spectrum resources and selection processes.

UK

(Drafting):

DELETE

LT

(Drafting):


measure w






EC, the

Com

mission

and national


in other

Mem


e.

LT

(Com

ments):

Article 35.2-7 im

plies new regulation form

s as BER

EC, EC

and N

RA

s are given an active role in the RS allocation process. W

e believe

that it

would

prolong allocation

process, increase

administrative burden (bureaucracy) and definitely cannot be

understood as proportional, but rather is understood as intrusion into sovereign rights of the M

S (to allocate limited national

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K, L

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148 PLEA

SE DO

NO

T AD

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Y R

OW

S, CO

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MN

S OR

CE

LLS OR

AM

END

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N

resource) and disorder fragile balance between M

S and EU

institutions.

FR

(Drafting):

FR

(Drafting):

2. Where a national com

petent regulatory authority intends consults interested parties pursuant to A

rticle 23 on a to take a m

easure which falls w

ithin the scope of the procedure selection in article 54 paragraph 2 1 (a) to (g), it shall m

ake the draft m

easure accessible, together with the reasoning on

which the m


EC, the C

omm

ission and national com

petent regulatory authorities in other Mem

ber States, at the sam

e time.

SE

(Drafting):


measure on harm

onised radio spectrum w

hich falls within

the scope of article 35.1 (a) and such measure m

ight affect the functioning of the internal m

arket, it shall make the

draft measure publicly accessible, together w

ith the reasoning on w

hich the measure is based, to BE

RE

C, the

Radio Spectrum

Policy Group and the C

omm

ission at the sam

e time as the public consultation according to article 23.

SE

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R, H

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, AT, SE, PL, IT, U

K, L

T, FR and SK

149 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

(Com

ments):

This provides for a mandatory peer review

process in those lim

ited circumstances w

here a Mem

ber state is about to auction frequencies and that auction m

ight have an effect on the functioning of the internal m

arket.

It will be up to the m

ember state to judge w

hen a draft measure

might have an im

pact on the internal market. H

owever certain

guidelines might be issued.

Also a clarification that this process is at the sam

e time as other

consultation in order for it not to slow dow

n the current national process. This m

eans that the peer review process

would clearly be a part of the norm

al public consultation process

in these

circumstances

and lim

ited to

specific situations, lim

iting the administrative burden, but still be to the

benefit of the internal market.

3. Within one m

onth, or a longer period, if the national regulatory authority agrees to extend the deadline, B

EREC

shall issue a reasoned opinion on the draft m

easure, which shall

analyse whether that m

easure would be the m

ost appropriate in order to:

ES

(Drafting):

3. Within tw

o months, or a longer period, if the national

regulatory authority or other competent authorities agrees to

extend the deadline, the RSPG


easure, which shall analyse w

hether that measure

would be the m

ost appropriate in order to

CZ

(Drafting):

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K, L

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150 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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TH

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N

3. Within one m


EREC


easure, which shall




3. Within one m


EREC


easure, which shall




AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):

3. Within one m


EREC

shall issue a reasoned recom

mendation opinion on the draft

measure, w

hich shall analyse whether that m

easure would be

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

151 PLEA

SE DO

NO

T AD

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R D

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N

the most appropriate in order to:

SE

(Com

ments):

The use of the word recom

mendation instead of the w

ord opinion m

ight also mitigate som

e concerns of mem

ber states regarding increase in court proceedings if a m

ember state

chooses not to follow the recom

mendation.

PL

(Drafting):

3. Within one m


EREC

shall m

ay issue a reasoned opinion on the draft measure, w

hich shall

analyse w

hether that

measure

would

be the

most

appropriate in order to:

UK

(Drafting):

DELETE

UK

(Com

ments):

It would be highly unlikely that B

EREC

, RSPG

or any other organisation could issues a reasoned opinion w

ithin one months

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K, L

T, FR and SK

152 PLEA

SE DO

NO

T AD

D O

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

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N

LT

(Drafting):

3. Within one m


EREC


easure, which shall




FR

(Drafting):

FR

(Drafting):

3. Within one m

onth, or a longer period, if the national com

petent regulatory authority agrees to extend the deadline, B

EREC

shall organize a workshop open to qualified experts

from national regulatory authorities, national com

petent authorities

and the

Com

mission,

where

the national

competent regulatory authority presents issue a reasoned

opinion on the draft measure having a particular focus on

describing how the draft m

easure, which shall analyse

whether that m



FR

(Com

ments):

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

153 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Com

ments):

Justification : une opinion sur les mesures proposées ne peut

être préparée

en un

mois

et peut

conduire à

fragiliser juridiquem

ent les

mesures

qui seront

prises in

fine. L’organisation d’un atelier où les régulateurs et la C

omm

ission peuvent échanger sur les m

esures en préparation et faire des com

mentaires est une façon d’assurer une revue par les pairs

sans fragiliser la mesure ou en retarder son adoption.

(a) prom

ote the development of the internal m

arket as w

ell as competition and m

aximise the benefits for the

consumer, and overall achieve the objectives and principles set

in Articles 3 and 45(2),

ES

(Drafting):

Delete

ES

(Com

ments):

WE D

ON

,T SEE THE V

ALU

E OF A

NA

LYSIN

G TH

IS

CZ

(Drafting):

(a) prom


arket as well

as competition and m

aximise the benefits for the consum

er, and overall achieve the objectives and principles set in A

rticles 3

EECC


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, AT, SE, PL, IT, U

K, L

T, FR and SK

154 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

and 45(2),

(a) prom


arket as w

ell as competition and m

aximise the benefits for the

consumer, and overall achieve the objectives and principles set

in Articles 3 and 45(2),

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):

(a) prom


arket as well




rticles 3 and 45(2),

SE

(Com

ments):

A reference to overall strategic objectives is sufficient.

EECC


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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

155 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

DELETE

LT

(Drafting):

(a) prom


arket as well




rticles 3 and 45(2),

(b) ensure

effective and

efficient use

of radio

spectrum; and

ES

(Drafting):

ensure effective and efficient use of radio spectrum

CZ

(Drafting):

(b) ensure effective and efficient use of radio spectrum

; and

(b) ensure

effective and

efficient use

of radio

spectrum; and

AT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

156 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

UK

(Drafting):

DELETE

LT

(Drafting):

(b) ensure effective and efficient use of radio spectrum

; and

(c) ensure

stable and

predictable investm

ent conditions for existing and prospective radio spectrum

users w

hen deploying

networks

for the

provision of

electronic com

munications services w

hich rely on radio spectrum.

ES

(Drafting):

Delete

ES

(Com

ments):

EECC


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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

157 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

WE D

ON

,T SEE THE V

ALU

E OF A

NA

LYSIN

G TH

IS

CZ

(Drafting):

(c) ensure stable and predictable investm


users when deploying

networks

for the

provision of

electronic com

munications

services which rely on radio spectrum

.

(c) ensure

stable and

predictable investm


users w

hen deploying

networks

for the

provision of

electronic com

munications services w

hich rely on radio spectrum.

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

UK

(Drafting):

DELETE

EECC


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CO

MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

158 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

LT

(Drafting):

(c) ensure stable and predictable investm


users when deploying

networks

for the

provision of

electronic com

munications

services which rely on radio spectrum

.

The reasoned opinion shall state if the draft measure should be

amended

or w

ithdrawn.W

here appropriate,

BER

EC

shall provide

specific recom

mendations

to that

end. N

ational regulatory authorities and the C

omm

ission may also m

ake com

ments on the draft decision to the national regulatory

authority concerned.

ES

(Drafting):

The reasoned opinion could propose the draft measure to be

amended or w

ithdrawn.W

here appropriate, the RSPG

shall provide

specific recom

mendations

to that

end. N


omm

ission may also m

ake com



ES

(Com

ments):

THE C

OM

MISSIO

N A

ND

ALL M

EMB

ER STA

TES AR

E R

EPRESEN

TED

AT

THE

RSPG

A

ND

TH

E D

RA

FT M

EASU

RES W

ILL ALSO

BE A

CC

ESSIBLE TH

RO

UG

H

THE R

SPG PEER

REV

IEW PLA

TTFOR

M

CZ

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

159 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):


amended

or w

ithdrawn.W

here appropriate,

BER

EC

shall provide

specific recom

mendations

to that

end. N


omm

ission may also m

ake com




amended

or w

ithdrawn.W

here appropriate,

BER

EC

shall provide

specific recom

mendations

to that

end. N


omm

ission may also m

ake com



AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):

A

The reasoned

recomm

endation opinion

shall state

if

EECC


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, AT, SE, PL, IT, U

K, L

T, FR and SK

160 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

suggestions for

im

provements

or recom

mendations

regarding the

draft m

easure should

be am

ended or

withdraw

n.Where appropriate, B

EREC

shall provide specific recom

mendations to that end. N


omm

ission may also m

ake comm

ents on the draft decision

measure

to the

national regulatory


SE

(Com

ments):



ord opinion m


e concerns of mem


ember state


mendation.

PL

(Drafting):


amended or w

ithdrawn.W

here appropriate, BER

EC shall m

ay provide specific recom

mendations to that endw

ith regards to the draft m

easure,. National regulatory authorities and the

Com

mission m

ay also make com

ments on the draft decision to

the national regulatory authority concerned.

UK

(Drafting):

DELETE

EECC


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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

161 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

LT

(Drafting):


amended

or w

ithdrawn.W

here appropriate,

BER

EC

shall provide

specific recom

mendations

to that

end. N


omm

ission may also m

ake com



FR

(Drafting):

FR

(Drafting):

The reasoned opinion shall state if the draft m

easure should be am

ended or withdraw

n.Where appropriate, BER

EC

shall

provide specific

recomm

endations to

that end.

National regulatory authorities and the C

omm

ission may

also make com

ments on the draft decision to the national

regulatory authority concerned.

FR

(Com

ments):

FR

(Com

ments):

EECC


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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

162 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Justification : l’objectif de cet alinéa est rempli par l’atelier

proposé au 3.

4. When carrying out their tasks pursuant to this A

rticle, B

EREC

and national regulatory authorities shall have regard in particular to:

ES

(Drafting):


rticle, the R

SPG and national regulatory authorities or other com

petent authorities shall have regard in particular to:

CZ

(Drafting):


rticle, B

EREC



rticle, B

EREC


AT

(Drafting):

Should be deleted

AT

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

163 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Should be deleted

UK

(Drafting):

DELETE

LT

(Drafting):


rticle, B

EREC


FR

(Drafting):

FR

(Drafting):


rticle, the C

omm

ission, BER

EC and national regulatory com

petent authorities shall have regard in particular to:

(a) the objectives and principles provided in this

CZ

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

164 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Directive; as w

ell as to any relevant Com

mission im

plementing

decision adopted in accordance with this D

irective as well as

Decisions 676/2002/EC

and 243/2012/EC;

(Drafting):

(a) the objectives and principles provided in this D

irective; as w


mission im

plementing decision

adopted in accordance with this D

irective as well as D

ecisions 676/2002/EC

and 243/2012/EC;

(a) the objectives and principles provided in this

Directive; as w


mission im

plementing

decision adopted in accordance with this D

irective as well as

Decisions 676/2002/EC

and 243/2012/EC;

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

UK

(Drafting):

DELETE

LT

(Drafting):

EECC


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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

165 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(a) the objectives and principles provided in this D

irective; as w


mission im

plementing decision

adopted in accordance with this D

irective as well as D

ecisions 676/2002/EC

and 243/2012/EC;

(b) any specific national objectives established by

the Mem

ber State consistent with U

nion law;

CZ

(Drafting):

(b) any

specific national

objectives established

by the

Mem


nion law;

(b) any specific national objectives established by

the Mem


nion law;

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

UK

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

166 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

DELETE

LT

(Drafting):

(b) any

specific national

objectives established

by the

Mem


nion law;

(c) the need to avoid that com

petition is distorted w

hen adopting such measures;

ES

(Drafting):

Delete

CZ

(Drafting):


petition is distorted when

adopting such measures;


petition is distorted w

hen adopting such measures;

AT

(Drafting):

Should be deleted

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

167 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

AT

(Com

ments):

Should be deleted

UK

(Drafting):

DELETE

LT

(Drafting):


petition is distorted when

adopting such measures;

(d) the

results of

the m

ost recent

geographical survey of netw

orks pursuant to Article 22;

CZ

(Drafting):

(d) the results of the m

ost recent geographical survey of netw


(d) the

results of

the m

ost recent

geographical survey of netw


AT

EECC


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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

168 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

UK

(Drafting):

DELETE

LT

(Drafting):

(d) the results of the m

ost recent geographical survey of netw


(e) the need to ensure coherence w

ith recent and pending assignm

ent procedures in other Mem

ber States, and possible effects on trade betw

een Mem

ber States; and

ES

(Drafting):





een Mem

ber States; and¡

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

169 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

CZ

(Drafting):





een Mem

ber States; and





een Mem

ber States; and

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

UK

(Drafting):

DELETE

LT

(Drafting):

EECC


UM

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

170 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N





een Mem

ber States; and

(f) any relevant opinion of the R

adio Spectrum

Policy Group.

ES

(Drafting):

Delete

CZ

(Drafting):


adio Spectrum Policy

Group.


adio Spectrum

Policy Group.

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

EECC


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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

171 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Drafting):



Group in particular regarding the effective and efficient use

of radio spectrum.

SE

(Com

ments):

Clarification

UK

(Drafting):

DELETE

LT

(Drafting):



Group.

5. The national regulatory authority concerned shall take utmost

account of the opinion of BER

EC and of com

ments m

ade by the C

omm

ission and other national regulatory authorities before adopting its final decision. It shall com

municate the final

ES

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

172 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

decision adopted to BER

EC and the C

omm

ission. 5.

The national


or other

competent

authorities concerned shall take utmost account of the opinion

of the RSPG

and of comm

ents made by the C

omm


municate the final decision adopted to the

RSPG

and the Com

mission.

CZ

(Drafting):



EC and of com

ments m

ade by the C

omm


municate the final


EC and the C

omm

ission.



EC and of com

ments m

ade by the C

omm


municate the final


EC and the C

omm

ission.

AT

(Drafting):

Should be deleted

AT

(Com

ments):

EECC


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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

173 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Should be deleted

SE

(Drafting):


account of the suggestions or recomm

endations opinion of B

EREC

and of comm

ents made by the C

omm

ission and other national


before adopting

its final

decision. It shall comm

unicate the final decision adopted to B

EREC

and the Com

mission.

SE

(Com

ments):



ord opinion m


e concerns of mem


ember state


mendation.

UK

(Drafting):

DELETE

LT

(Drafting):


EECC


UM

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

174 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N


EC and of com

ments m

ade by the C

omm


municate the final


EC and the C

omm

ission.

FR

(Drafting):

FR

(Drafting):

5. The national competent regulatory authority concerned

shall take utmost account of the opinion of B

EREC

and of com

ments m

ade by the Com

mission and other national

regulatory authorities before adopting its final decision. It shall com

municate to B

ER

EC

and the Com

mission the final


EC

and the Com

mission.

FR

(Com

ments):

FR

(Com

ments):

Justification : les comm

entaires reçus lors de l’atelier organisé par le BEREC

seront pris en compte par le régulateur qui

pourra le cas échéant amender la m

esure en tenant compte de

ces com

mentaires

et de

toutes autres

considérations pertinentes.

EECC


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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

175 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Where the national regulatory authority decides not to am

end or w

ithdraw the draft m

easure on the basis of the reasoned opinion issued pursuant to paragraph 2 of this A

rticle, it shall provide a reasoned justification.

CZ

(Drafting):


end or w

ithdraw the draft m




end or w

ithdraw the draft m



AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):


end or

EECC


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MM

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S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

176 PLEA

SE DO

NO

T AD

D O

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

follow a recom

mendation on w

ithdraw the draft m

easure on the basis of a the reasoned recom

mendation opinion issued

pursuant to paragraph 3 2 of this Article, it shall provide a

reasoned justification.

SE

(Com

ments):



ord opinion m


e concerns of mem


ember state


mendation.

UK

(Drafting):

DELETE

LT

(Drafting):


end or w

ithdraw the draft m



FR

(Drafting):

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NO

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Drafting):

Where the national regulatory authority decides not to

amend or w

ithdraw the draft m



FR

(Com

ments):

FR

(Com

ments):

Justification : il

n’y a

plus d’opinion

délivrée suite

au paragraphe 2.

The national regulatory authority concerned may w

ithdraw its

draft measure at any stage of the procedure.

ES

(Drafting):

Delete

CZ

(Drafting):


ithdraw its

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SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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N



ithdraw its


AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):

Deleted

SE

(Com

ments):

This goes without saying. To add this text m

ight suggest that it is

not possible

to w

ithdraw

a draft

measure

in other

circumstances.

UK

(Drafting):

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179 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

DELETE

LT

(Drafting):


ithdraw its


6. When preparing their draft m

easure pursuant to this Article,

national regulatory authorities may seek support from

BER

EC.

ES

(Drafting):

Delete

CZ

(Drafting):




BER

EC.




BER

EC.

AT

(Drafting):

Should be deleted

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LU

MN

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CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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N

AT

(Com

ments):

Should be deleted

SE

(Drafting):




BER

EC

and the Radio Spectrum

Policy Group.

SE

(Com

ments):

Added R

SPG.

UK

(Drafting):

DELETE

LT

(Drafting):




BER

EC.

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CE

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N

FR

(Drafting):

FR

(Drafting):




the C

omm

ission and BER

EC

.

7. B

EREC

, the

Com

mission

and the

national regulatory

authority concerned shall cooperate closely to identify the most

appropriate and effective solution in the light of the regulatory objectives and principles laid dow

n in this Directive w

hilst taking due account of the view

s of market participants and the

need to

ensure the

development

of consistent

regulatory practice.

ES

(Drafting):

7. The RSPG

, the Com

mission and the national regulatory






need to

ensure the

development

of consistent


Delete

ES

(Com

ments):

THIS

IS A

LREA

DY

C

OV

ERED

IN

PR

EVIO

US

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Y R

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S OR

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AN

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N

PAR

AG

RA

PHS

7. B

EREC

, the

Com

mission

and the

national regulatory






need to

ensure the

development

of consistent


AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):

7. Pursuant to a recomm

endation in relation to paragraph 4 of this article, B

EREC

, the Radio Spectrum

Policy Group,

the C

omm

ission and

the national


concerned shall

cooperate closely

to identify

the m

ost appropriate and effective solution in the light of the regulatory objectives and principles laid dow




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Y R

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MN

S OR

CE

LLS OR

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END

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N

need to

ensure the

development

of consistent


SE

(Com

ments):



ord opinion m


e concerns of mem


ember state


mendation.

UK

(Drafting):

DELETE

LT

(Drafting):

7. B

EREC

, the

Com

mission

and the

national regulatory






need to

ensure the

development

of consistent


FR

(Drafting):

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

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N

FR

(Drafting):

7. B

EREC

, the

Com

mission

and the

national regulatory

competent

authority concerned

shall cooperate

closely to

identify the most appropriate and effective solution in the light

of the regulatory objectives and principles laid down in this

Directive w

hilst taking due account of the views of m

arket participants

and the

need to

ensure the

development

of consistent regulatory practice.

8. The

final decision

adopted by

the national

regulatory authority shall be published.

8. The

final decision

adopted by

the national

regulatory authority shall be published.

AT

(Com

ments):

Ok. There is nothing to be said against the publication of the

final decision.

SE

(Drafting):

Deleted

SE

(Com

ments):

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K, L

T, FR and SK

185 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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TH

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AN

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N

This is not a provision that is part of the peer review process. It

is already mainly covered by article 48 paragraph 6 or it could

be moved to article 54.

UK

(Drafting):

DELETE

FR

(Drafting):

FR

(Drafting):

8. The final decision adopted by the national regulatory com

petent authority shall be published.

FR

(Com

ments):

FR

(Com

ments):

Justification : la mesure peut être adoptée par une autre entité

que le régulateur.

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TE AN

Y R

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MN

S OR

CE

LLS OR

AM

END

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N

Article 36 FR

(Com

ments):

FR

(Com

ments):

Pas de changement

Harm

onised assignment of radio frequencies

Where the usage of radio frequencies has been harm

onised, access

conditions and

procedures have

been agreed,

and undertakings to w

hich the radio frequencies shall be assigned have been selected in accordance w

ith international agreements

and U

nion rules, M

ember States shall grant the right of

use for

such radio

frequencies in

accordance therew

ith. Provided that all national conditions attached to the right to use the radio frequencies concerned have been satisfied in the case of a com

mon selection procedure, M

ember States shall not

impose any further conditions, additional criteria or procedures

which w

ould restrict, alter or delay the correct implem

entation of the com

mon assignm

ent of such radio frequencies.

AT

(Com

ments):

Ok, no com

ments.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

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K, L

T, FR and SK

187 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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TH

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N

No com

ments

Article 37 FR

(Com

ments):

FR

(Com

ments):

Pas de changement

Joint authorisation process to grant individual rights of use for radio spectrum

U

K

(Drafting):

As w

ith the recent 700MH

z Decision, R

ECO

MM

END

M

OV

ING

THIS A

RTIC

LE TO R

ECITA

LS

UK

(Com

ments):

As the C

omm

ission pointed out at Council W

orking Groups,

Mem

ber States can already do this so it is questionable what

additional value this adds and why it needs to be legislated. W

e are concerned that prescribing strict criteria that needs to adhered to w

hen considering joint auctions may be counter-

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K, L

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SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

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N

productive. If something is already possible and happens then

there should be no need for the Com

mission to introduce

legislation.

We w

ould recomm

end moving 1(a-d) into recitals as things

Mem

ber States may w

ant to consider if they intend to hold joint authorisations

H

U

(Com

ments):

HU

NG

AR

Y C

AN

AC

CEPT TH

E RU

LE ENA

BLIN

G TH

E CO

OPER

ATIO

N

AM

ON

G

THE M

EMB

ER S

TATES

WITH

A

C

OM

MO

N

DEC

ISION-

MA

KIN

G

PRO

CESS,

ALTH

OU

GH

W

E D

ID

NO

T EX

PERIEN

CE

SIGN

IFICA

NT

NEED

FO

R

THA

T . N

EVER

THELESS,

SUC

H

CO

OPER

ATIO

N

IS PO

SSIBLE

AC

CO

RD

ING

TO

C

UR

REN

T R

ULES ;

THER

EFOR

E , W

E D

O

NO

T SEE

AN

Y

AD

DED

V

ALU

E O

F TH

E PR

OV

ISION.

1. Two or several M

ember States m

ay cooperate with each

other and with the C

omm

ission and BER

EC to m

eet their obligations under A

rticles 13, 46 and 54, by jointly establishing the com

mon aspects of an authorisation process and also jointly

conducting the selection process to grant individual rights of use for radio spectrum

in line, where applicable w

ith any com

mon tim

etable established in accordance with A

rticle 53. The joint authorisation process shall m

eet the following criteria:

ES

(Drafting):

1. Two or several M

ember States m

ay cooperate with each

other and with the C

omm

ission and BER

EC to m

eet their obligations under A

rticles 13, 46 and 54, by jointly establishing the com

mon aspects of an authorisation process and also jointly

conducting the selection process to grant individual rights of use for radio spectrum

in line, where applicable w

ith any com

mon tim

etable established in accordance with A

rticle 53. The joint authorisation process shall m

eet the following criteria:

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NO

T AD

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

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UM

N

ES

(Com

ments):

WE D

ON

,T SEE THE R

OLE O

F BER

EC H

ERE N

OR

THE

TOO

DETA

ILLED C

RITER

IA O

F 2D SU

BPA

RA

GA

RA

PH

AT

(Com

ments):

Regulation is ok. If tw

o NR

As w

ant to cooperate in the context of procurem

ent procedures, this is not a disadvantage. It is im

portant, however, that this determ

ination remains a “m

ay determ

ination” (“may cooperate”).

PL

(Com

ments):

Taking into account the fact that this art. is based on the will of

the participants in the com

mon

authorization process, we

express our doubts to the appropriateness of its introduction, pointing out, firstly, the adequacy and com

prehensiveness of the current provisions of A

rticle 3 of Directive 2009/140/EC

. of 25

Novem

ber 2009

amending

Directive

2002/20/EC

(Authorization D

irective) and, secondly, the opinion of the R

SPG, w

hich states that: “Concerning a possible voluntary

joint authorisation

process betw

een M

ember

States, C

ooperation between M

ember States is already in place and

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NO

T AD

D O

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Y R

OW

S, CO

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MN

S OR

CE

LLS OR

AM

END

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N

should be promoted to respond to this need if it em

erges. There is

no need

for additional

measures”

10. The

authorization procedure to grant individual rights to spectrum

use should rem

ain the responsibility of individual Mem

ber States and their com

petent national institutions. The proposed legislation now

indicates that these competences - through collegial decisions -

will

rest upon

the C

omm

ission, B

EREC

and

national institutions.

UK

(Drafting):

Recom

mend D

ELETE final sentence: “The joint authorisation process shall m

eet the following criteria:”

(a) the individual national authorisation processes

shall be initiated and implem

ented by the competent authorities

according to a jointly agreed schedule;

ES

(Drafting):

Delete

AT

(Com

ments):

In particular because of the fact that the procedure in Art 37 is

not obilgatory, the defined mandatory criteria are uncritical.

10 http://rspg-spectrum

.eu/rspg-opinions-main-deliverables/

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K, L

T, FR and SK

191 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

UK

(Drafting):

Recom

mend m

ove to REC

ITALS, replace “shall” w

ith “should”

UK

(Com

ments):

Too prescriptive to be included here

(b) it shall provide w

here appropriate for comm

on conditions and procedures for the selection and granting of individual rights am

ong the Mem

ber States concerned;

ES

(Drafting):

Delete

AT

(Com

ments):



UK

(Drafting):

Recom

mend m

ove to REC


ith

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K, L

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SE DO

NO

T AD

D O

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ELE

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

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N

“should”

UK

(Com

ments):


(c) it shall provide w

here appropriate for comm

on or com

parable conditions to be attached to the individual rights of use am

ong the Mem

ber States concerned inter alia allowing

users to be assigned similar radio spectrum

blocks;

ES

(Drafting):

Delete

AT

(Com

ments):



UK

(Drafting):

Recom

mend m

ove to REC


ith “should”

UK

(Com

ments):

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NO

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MN

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CE

LLS OR

AM

END

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N


(d) it

shall be

open at

any tim

e until

the authorisation process has been conducted to other M

ember

States.

ES

(Drafting):

Delete

AT

(Com

ments):



UK

(Drafting):

Recom

mend m

ove to REC


ith “should”

UK

(Com

ments):


2. Where the m

easures taken for the purposes of paragraph (1) ES

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NO

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LLS OR

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END

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N

fall in the scope of Article 35(1), the procedure provided in that

Article shall be follow

ed by the national regulatory authorities concerned sim

ultaneously.

(Drafting):

Delete

HR

(Drafting):

Delete

HR

(Com

ments):

HR

opposes the peer review process.

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Drafting):

2. Where the m

easures taken for the purposes of paragraph (1) fall in the scope of A

rticle 35 a (2 1), the procedure provided in

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195 PLEA

SE DO

NO

T AD

D O

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Y R

OW

S, CO

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MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

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UM

N

that Article shall be follow

ed by the national regulatory authorities concerned sim

ultaneously.

SE

(Com

ments):

Am

endment based on suggestions on new

art 35a.

UK

(Drafting):

No recom

mended changes although that m

ay change if there are significant changes to A

rticle 35

UK

(Com

ments):

No com

ments at this stage although that m

ay change if there are significant changes to A

rticle 35

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LLS OR

AM

END

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N

PA

RT

II. NETW

OR

KS

TIT

LE

I: MA

RK

ET

EN

TR

Y A

ND

DE

PLO

YM

EN

T

Article 42

Fees for rights of use for radio spectrum

and rights

to install facilities A

T

(Com

ments):

In general the regulations are too detailed and are partly not relevant in practice. In addition, the regulations increase the regulatory burden and create legal uncertainty. A

rt 42 notes that M

ember States m

ay allow com

petent authorities to impose fees

“which ensure the optim

al use of these resources.” We are the

opinion that this should be the primary concern in setting fees

and/or m

inimum

prices

for spectrum

aw

ards. H

owever,

subsequent to

this, the

Com

mission

includes other

considerations that the competent authority should consider.

For example in the case of an auction, it does not m

ake sense to take the additional costs resulting from

usage conditions into

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NO

T AD

D O

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MN

S OR

CE

LLS OR

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N

account. These costs are taken into account by bidders in their bids.

Hence,

final prices

reflect differences

in conditions

attached.

SE

(Drafting):

Fees for rights to of use for radio spectrum

and

rights to install facilities

SE

(Com

ments):

A m

ore straight forward w

ording is to write rights to use radio

spectrum. See general com

ment in the headline of art 48.

IT

(Com

ments):

This article introduce important concepts as for exam

ple the optim

al use of the spectrum as w

ell as the proportionality of the fees im

posed to the undertakings.

Nevertheless,

the whole

article has

been form

ulated in

a com

plicate way that seem

s difficult to be applied and could raise controversies.

The suggestion is to delete the entire article or to reformulate in

a more sim

ple way

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K, L

T, FR and SK

198 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Com

ments):

At the C

ouncil Working G

roup Meeting on 17 M

arch, the C

omm

ission acknowledged that M

ember States already had the

power and actively did the provisions that have been added to

this article. Therefore, there does not seem to be any added

value to the provisions that have been added. In fact, they w

ould seem to cross subsidiarity boundaries.

H

U

(Com

ments):

WE

FIND

IT

NEC

ESSAR

Y

TO

RETH

INK

W

HIC

H

RU

LES A

RE

CO

NN

ECTED

TO TH

E USA

GE O

F SCA

RC

E RESO

UR

CES A

ND

WH

ICH

PR

OV

ISION

S C

AN

B

E C

ON

SIDER

ED

GEN

ERA

L R

ULES

(LIKE

OB

JECTIV

ITY , TRA

NSPA

REN

CY).

Mem

ber States may allow

the com

petent authority to

impose fees for the rights of use for radio

spectrum

or rights to install facilities on, over or under public or private property

that are

used for

the provision

of electronic

comm

unications services

or netw

orks and

associated facilities

which ensure the optim

al use of these resources. M

ember States shall ensure that such fees shall be objectively

justified, transparent, non-discriminatory and proportionate in

relation to their intended purpose and shall take into account the objectives in A

rticles 3, 4 and 45(2) , as w

ell as:

ES

(Drafting):

Mem


the co

mpeten

t au

thority

to


rights to install facilities on, over or under public or private property

com

munications services or netw

orks and associated facilities w

hich

ensu

re the op

timal u

se of th

ese resources. M

ember

States shall ensure that such fees shall be objectively justified, transparent, non-discrim

inatory and proportionate in relation to their intended purpose and shall take into account the objectives

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K, L

T, FR and SK

199 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

in Articles 3, 4 and 45(2)

, as w

ell as:

ES

(Com

ments):

WE D

ON

,T SEE THIS C

RITER

IA LIN

KED

TO SPEC

TRU

M

PRIC

ING

HU

(Drafting):

Mem


the com

petent authority to


spectrum


that are

used for

the provision

of electronic

comm

unications services

or netw

orks and








ell as:

AT

(Com

ments):

Ok

SE

(Drafting):

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U, LV

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K, L

T, FR and SK

200 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Mem


the com

petent authority to

impose fees for the rights to of use for radio

spectrum


that are

used for

the provision

of electronic

comm

unications services

or netw

orks and








ell as:

SE

(Com

ments):

A m





IT

(Com

ments):

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

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U, LV

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K, L

T, FR and SK

201 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No com

ments

FR

(Drafting):

FR

(Drafting):

Mem


the com

petent authority to


spectrum


that are

used for

the provision

of electronic

comm

unications services

or netw

orks and








ell as:

(a) being service and technology neutral, subject

only to limitations in line w

ith Article 45(4) and (5), w

hile prom

oting the effective and efficient use of spectrum and

maxim

ising social and economic utility of spectrum

;

ES

(Drafting):

Delete

(a) being service and technology neutral, subject

only to limitations in line w

ith Article 45(4) and (5), w

hile prom


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U, LV

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K, L

T, FR and SK

202 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

maxim


;

AT

(Com

ments):

Ok

UK

(Drafting):

Recom

mend D

ELETE “…, subject only to lim

itations in line w

ith Article 45(4) and (5), while prom

oting the effective and efficient use of spectrum

, and maxim

ising social and economic

utility of spectrum”

FR

(Drafting):

FR

(Drafting):

(a) being service and technology neutral, subject only to

limitations

in line

with

Article

45(4) and

(5), w

hile prom


maxim


;

FR

(Com

ments):

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K, L

T, FR and SK

203 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Com

ments):

Justification : le principe fondamental est que les redevances

soient objectivem

ent justifiées,

transparentes, non

discriminatoires et proportionnées. Il n’est pas nécessaire ni

justifié de fixer une méthode prescriptive pour la déterm

ination de ces redevances.

(a) taking

into account

the need

to foster

the developm

ent of innovative services; and ES

(Drafting):

Delete

(a) taking

into account

the need

to foster

the developm

ent of innovative services; and

AT

(Com

ments):

Ok

UK

(Drafting):

Recom

mend follow

ing change:

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U, LV

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K, L

T, FR and SK

204 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

“(b) taking into account the need to foster innovation.”

UK

(Com

ments):

We feel that the current drafting could lead to legal challenges

based on the fact that everyone could argue for reduced fees if they say they are fostering the developm

ent of innovative services.

FR

(Drafting):

FR

(Drafting):

(a) taking

into account

the need

to foster

the developm

ent of innovative services; and

(b) taking into account possible alternative uses of

the resources. ES

(Drafting):

Delete

(b) taking into account possible alternative uses of

the resources.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

205 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

AT

(Com

ments):

Ok

UK

(Drafting):

Recom

mend deletion

UK

(Com

ments):

Fees are set based on the market value of a particular use

FR

(Drafting):

FR

(Drafting):

(b) taking into account possible alternative uses of the

resources.

2. Mem

ber States shall ensure that reserve prices established as m

inimum

fees for rights of use for radio spectrum reflect the

ES

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

206 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

additional costs entailed by conditions attached to these rights in pursuit of the objectives under A

rticles 3, 4 and 45(2), such as

coverage obligations

that w

ould fall

outside norm

al com

mercial standards, in accordance w

ith paragraph 1.

(Drafting):

Delete

2. Mem


inimum





that w

ould fall

outside norm

al com


ith paragraph 1.

HU

(Com

ments):

PA

RA

1 PRESC

RIB

ES GEN

ERA

L CR

ITERIA

FOR

ENTR

AN

CE FEES A

ND

IN

TH

IS PA

RA

GR

APH

PR

OV

ISION

O

N

IND

IVID

UA

L FEES ,

SPECIFIC

ALLY

R

ESERV

E PR

ICES

IS H

IGH

LIGH

TED, W

HIC

H

IS U

NJU

STIFIED. RESER

VE PR

ICES A

RE O

NE O

F THE ELEM

ENTS O

F TH

E CO

MPETITIO

N PR

OC

EDU

RE A

ND

IT IS NO

T THE TO

TAL FEE . W

E B

ELIVE TH

E GEN

ERA

L REG

ULA

TON

OF TH

E FEES WITH

THE A

IMS

AR

E BETTER

SOLU

TION .

AT

(Drafting):

Should be deleted

AT

(Com

ments):

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

207 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Should be deleted. It does not make sense to take the additional

costs resulting from usage conditions into account w

hen setting reserve prices for an auction. These costs are consired by bidders in their bids. H

ence, final prices reflect differences in conditions attached.

SE

(Drafting):

2. Mem

ber States shall take into account ensure that reserve prices established as m

inimum

fees for rights to of use for radio spectrum

may reflect the additional costs entailed by conditions

attached to these rights in pursuit of the objectives under A

rticles 3, 4 and 45(2), such as coverage obligations that would

fall outside normal com


ith paragraph 1.

SE

(Com

ments):

There is a difference between reserve prices and m

inimum

fees. A

lso it must be possible to have a flexible approach to establish

reserve prices. Fees should be based on full coverage to the costs entailed. To pay for coverage in areas that w

ould fall outside

of com

mercial

standards w

ith the

fees is

not an

appropriate model. If m

inimum

fees have to be set at a level that is too high a consequence and a risk is that several rights of use m

ight be unused, which w

ould not benefit radio spectrum

efficiency nor the market that rights to use radio spectrum

may

provide.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

208 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

A m





PL

(Drafting):

Delete

2. Mem


inimum





that w

ould fall

outside norm

al com


ith paragraph 1.

PL

(Com

ments):

It should be noted here that the current provision is opposed to the postulate of flexible frequency m

anagement and requires

NR

As to investigate additional costs incurred by operators w

ith the developm

ent of the network, w

hich such data is not available to the N

RA

. Rem

oving of this clause should be considered together w

ith recital 95.

UK

(Drafting):

Recom

mend delete this paragraph

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U, LV

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K, L

T, FR and SK

209 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Com

ments):

This paragraph contains subsidiarity issues. It should be for M

ember States to decide if there should be a reserve price in a

spectrum and w

hat level that should be, based on national priorities.

FR

(Drafting):

FR

(Drafting):

2. M

ember

States shall

ensure that

reserve prices

established as minim

um fees for rights of use for radio

spectrum reflect the additional costs entailed by conditions

attached to these rights in pursuit of the objectives under A

rticles 3, 4 and 45(2), such as coverage obligations that w

ould fall

outside norm

al com

mercial

standards, in

accordance with paragraph 1.

3. Mem

ber States shall apply payment m

odalities linked to the actual availability of the radio spectrum

in question, which do

not unduly burden any additional investments in netw

orks and associated facilities necessary for the efficient use of the radio spectrum

and the provision of related services.

ES

(Drafting):

Delete

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

210 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

ES

(Com

ments):

THIS TW

O PA

RA

GR

AH

S AR

E TOO

DETA

ILLED A

ND

IN

TRU

SIVE IN

TO IN

TERN

AL PR

OC

EDU

RES

3. Mem



in question, which do

not unduly burden any additional investments in netw

orks and associated facilities necessary for the efficient use of the radio spectrum

and the provision of related services.

HU

(Com

ments):

ON

E OF TH

E ELEMEN

TS OF TH

E MEM

BER

STA

TE FEE STRU

CTU

RE

IS TH

E FEE

FOR

TH

E R

IGH

TS O

F U

SE O

F TH

E SPEC

TRU

M.

TH

EREFO

RE TH

E INV

ESTMEN

T CO

STS IS INFLU

ENC

ED B

Y SEV

ERA

L O

THER

CO

ST ELEMEN

TS , LIKE C

OR

POR

ATE TA

X, LOC

AL TA

X. TH

E C

OSTS

AR

E A

LSO

INFLU

ENC

ED

BY

FEES

APPLIE D

B

Y

THE

CO

NTR

AC

TED PA

RTN

ERS; TH

EREFO

RE TH

E CU

RR

ENT PR

OV

ISION

IS N

OT A

CC

EPTAB

LE FOR

US. T

HE G

ENER

AL R

EGU

LATO

N O

F THE

FEES WITH

THE A

IMS A

RE PR

EFERED

FRO

M O

UR

SIDE .

AT

(Drafting):

Should be deleted

EECC


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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

211 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

AT

(Com

ments):

Should be deleted. Payment m

odalities are taken into account by bidders anyw

ay. Hence, there is no need to adjust paym

ent m

odalities to the availability of the spectrum. In the w

orst case this m

ight even lead to speculative bidding.

SE

(Com

ments):

It is not clear if this should be interpreted as a regulatory requirem

ent on the fees to provide full covereage for costs entailed.

UK

(Drafting):

Move to recital, replace “shall” w

ith “should”

UK

(Com

ments):

Art 43(3) appears to be about regulatory transparency so w

e w

ould think that could belong in recitals

FR

(Drafting):

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K, L

T, FR and SK

212 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Drafting):

3. Mem



in question, w

hich do not unduly burden any additional investments in

networks and associated facilities necessary for the efficient

use of the radio spectrum and the provision of related

services.

4. Mem

ber States shall ensure that where com

petent authorities im

pose fees, they take into account other fees or administrative

charges linked to the general authorisation or rights of use established pursuant to this D

irective, in order not to create undue financial burden to undertakings providing electronic com

munications

networks

and services

and to

incentivise optim

al use of the allocated resources.

ES

(Drafting):

Delete

HR

(Drafting):

Reserved

HR

(Com

ments):

HR

believes that this condition may be unnecessary. The m

ain principles in defining fees for the right of use of spectrum

acquire

fees to

be objectively

justified, transparent,

non-discrim

inatory and proportionate. This relates to finding the

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, AT, SE, PL, IT, U

K, L

T, FR and SK

213 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

right balance between granting the right of use of lim

ited national

resource and

affordable provision

of electronic

comm

unications networks and services. Therefore, taking into

account some other fees or adm

inistrative charges will m

ake it difficult to dem

onstrate and prove the fulfilment of priory

mentioned principles. A

dditional clarification is necessary.

4. Mem

ber States shall ensure that where com

petent authorities im

pose fees, they take into account other fees or administrative

charges linked to the general authorisation or rights of use established pursuant to this D

irective, in order not to create undue financial burden to undertakings providing electronic com

munications

networks

and services

and to

incentivise optim


HU

(Com

ments):

ON

E OF TH

E ELEMEN

TS OF TH

E MEM

BER

STA

TE FEE STRU

CTU

RE

IS TH

E FEE

FOR

TH

E R

IGH

TS O

F U

SE O

F TH

E SPEC

TRU

M.

TH

EREFO

RE TH

E INV

ESTMEN

T CO

STS IS INFLU

ENC

ED B

Y SEV

ERA

L O

THER

CO

ST ELEMEN

TS , LIKE C

OR

POR

ATE TA

X, LOC

AL TA

X. TH

E C

OSTS

AR

E A

LSO

INFLU

ENC

ED

BY

FEES

APPLIE D

B

Y

THE

CO

NTR

AC

TED PA

RTN

ERS; TH

EREFO

RE TH

E CU

RR

ENT PR

OV

ISION

IS N

OT A

CC

EPTAB

LE FOR

US . T

HE G

ENER

AL R

EGU

LATO

N O

F THE

FEES WITH

THE A

IMS A

RE PR

EFERED

FRO

M O

UR

SIDE.

AT

(Drafting):

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U, LV

, AT, SE, PL, IT, U

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T, FR and SK

214 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Should be deleted

AT

(Com

ments):

Should be deleted because administrative charges are taken into

account by bidders in their bids.

SE

(Drafting):

Deleted

SE

(Com

ments):

Fees connected to other aspects that is not part of the rights of use of radio spectrum

may distort com

petition on the internal m

arket. The fees should be linked to the right of use in question and not to other fees. This provision m

ight also make fees less

transparent in a way that certain undertakings have low

er fees based

on other

aspects of

their use

of electronic

comm

unications networks.

UK

(Drafting):

Recom

mend delete this paragraph

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

215 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Com

ments):

There is no evidence that fees have any effect on the level of investem

ent or speed in which electronic com

munications

networks are developed.

FR

(Drafting):

FR

(Drafting):

4. M

ember

States shall

ensure that

where

competent

authorities impose fees, they take into account other fees or

administrative charges linked to the general authorisation

or rights of use established pursuant to this Directive, in

order not to create undue financial burden to undertakings providing electronic com

munications netw

orks and services and to incentivise optim


5. The imposition of fees pursuant to this A

rticle shall comply

with the requirem

ents of Article 23 and, w

here applicable, A

rticles 35, 48(6) and 54.

ES

(Drafting):


rticle shall comply

with the requirem


here applicable,

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N

Articles 35, 48(6) and 54.

Delete

ES

(Com

ments):

IN C

OH

EREN

CE W

ITH A

RT 35 PR

OPO

SED

HR

(Drafting):

Delete: “35,”

HR

(Com

ments):

HR

opposes the peer review process

HU

(Drafting):


rticle shall comply

with the requirem


here applicable, A


AT

(Drafting):

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N

Should be deleted

AT

(Com

ments):

Should be deleted

SE

(Com

ments):

The reference to article 35 should be removed. W

here the peer review

process isn’t applicable to all assignment procedures it

cannot be a reuirement to alw

ays comply. O

therwise the

reference should be made to the new

article 35a.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

FR

(Drafting):

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FR

(Drafting):


rticle shall com

ply with the requirem


here applicable, A


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CH

APTE

R II

AC

CE

SS TO

RA

DIO

SPEC

TR

UM

SE

CT

ION

1 AU

THO

RISA

TION

S H

R

(Drafting):

Replace “authorisations” w

ith “licences”

HR

(Com

ments):

In order to avoid misinterpretations difference should be m

ade betw

een the term “general authorisation” used in A

rticle 12 and “general

authorisation” in

the context

of spectrum

usage.

Therefore we propose the term

general licence. Also, in order to

keep it clear and comprehensive, w

e propose using term

“licences” in the spectrum part of the EEC

C.

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N

Article 45

Managem


FR

(Drafting):

FR

(Drafting):

Managem

ent of

radio spectrum

for electronic

comm

unications services

FR

(Com

ments):

FR

(Com

ments):

Justification: Cet am

endement est nécessaire pour restreindre

le perimètre aux réseaux m

obiles comm

erciaux et non aux réseaux m

obiles gouvernementaux.

1. Taking due account of the fact that radio spectrum

is a

public good that has an important social, cultural and econom

ic H

R

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N

value, Mem

ber States shall ensure the effective managem

ent of radio

spectrum

for electronic comm

unications services and

networks

in

their territory

in accordance

with

Articles 3 and 4. They shall ensure that

radio spectrum

allocation used for electronic com

munications services

and netw

orks and issuing general authorisations or individual

rights of

use

for

such radio

spectrum

by com

petent authorities are based on objective, transparent, non-discrim

inatory and proportionate criteria.

(Drafting):

Replace “general authorisation” w

ith “general licence”.

HR

(Com

ments):

In order to avoid misinterpretations, difference should be m

ade betw

een the term “general authorisation” used in A

rticle 12 and “general

authorisation” in

the context

of spectrum

usage.

Therefore we propose the term

general licence.

AT

(Com

ments):

Ok (no substancial changes)

SE

(Drafting):


is a


ic value, M

ember States shall ensure the effective m

anagement of

radio spectrum

for electronic com


and netw

orks

in their

territory in

accordance w

ith A

rticles 3 and 4. They shall ensure that radio

spectrum

allocation used for electronic comm


networks

and issuing establishing general authorisations to use

radio spectrum

or

issuing individual

rights of

use for

such radio spectrum

by com

petent authorities

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are based on objective, transparent, non-discriminatory and

proportionate criteria.

SE

(Com

ments):

In order to clearly state that the Article covers both general

authorisation to use radio spectrum and the invidual right of

use.

See also

proposal for

an added

definition on


.

UK

(Drafting):


is a


ic value, M


anagement of

radio spectrum

for electronic com


and networks

in their territory in accordance with

Articles 3 and 4. They shall ensure that

radio spectrum

allocation used for electronic com


and netw

orks and issuing general authorisations or individual

rights of use for

such radio spectrum

by

competent authorities are based on objective, transparent, non-

discriminatory and proportionate criteria.

UK

(Com

ments):

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This is spectrum m

anagement article for the m

anagement of

ECS, not netw

orks.

FR

(Drafting):

FR

(Drafting):


is a


ic value, M


anagement of

radio spectrum

for electronic com


and netw

orks

in their

territory in

accordance w

ith A

rticles 3 and 4. They shall ensure that radio

spectrum

allocation used for electronic comm


networks

and issuing general authorisations or individual rights

of use

for

such

radio

spectrum

by

competent authorities are based on objective, transparent, non-

discriminatory and proportionate criteria.

FR

(Com

ments):

FR

(Com

ments):

Justification: Il est important de noter que les réseaux de

comm

unications ont

une definition

large qui

s’étend

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potentiellement aux réseaux gouvernem

entaux. Il est nécessaire de cadrer la portée de cet article.

In applying this Article, M

ember States shall respect relevant

international agreements, including the ITU

Radio R

egulations and other agreem

ents adopted in the framew

ork of the ITU

, and m

ay take public policy considerations into account.

HU

(Drafting):




Radio R



ork of the ITU

, and m


HU

(Com

ments):

WH

EN W

E MEN

TION

„RELEV

AN

T INTER

NA

TION

AL A

GR

EEMEN

TS” A

LL RELEV

AN

T AG

REEM

ENTS A

RE IN

THE SC

OPE A

S RR

C-06 A

ND

H

CM

AG

REEM

ENT TO

O.

ALTER

NA

TIVE SO

LUTIO

N M

ENTIO

NIN

G O

THER

AG

REEM

ENT.

IN A

PPLYIN

G TH

IS AR

TICLE, M

EMB

ER S

TATES SH

ALL R

ESPECT

RELEV

AN

T INTER

NA

TION

AL A

GR

EEMEN

TS , INC

LUD

ING

THE ITU

R

AD

IO R

EGU

LATIO

NS, R

RC

-06, AN

D M

AY

TAK

E PUB

LIC PO

LICY

C

ON

SIDER

ATIO

NS IN

TO A

CC

OU

NT .

LV

(Drafting):



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N


Radio R



ork of the ITU

,

CE

PTs

deliverables, as

a European

Regional

organization of ITU, and m


LV

(Com

ments):

CEPT, a R

egional organization of ITU, represents m

ore than 40 European countries in the field of electronic com

munications,

elaborates and represents European comm

on views.

AT

(Com

ments):

Ok (no substancial changes)

2. Mem

ber States shall promote the harm

onisation of use of radio

spectrum

across the U

nion , consistent w

ith the need to ensure effective and efficient use thereof and in pursuit of benefits for the consum

er such as economies of scale

and interoperability of services and netw

orks . In so

doing, they shall act in accordance with A

rticle 4 and with

Decision 676/2002/EC

by inter alia

:(a) ensuring

coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along m

ajor transport paths, including the trans-European transport netw

ork;

ES

(Drafting):

2. Mem



the need to ensure effective and efficient use thereof and in pursuit of benefits for the consum


and interoperability of services

they shall act in accordance w

ith Article 4 and w

ith Decision

676/2002/EC

by in

ter alia

:(a) ensuring coverage of their

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N

national territory and population at high quality and speed, both indoors and outdoors, including along m


ork; ensuring that areas w

ith similar characteristics, in particular in term

s of netw

ork deployment or population density, are subject to

consistent coverage conditions, ensuring the prevention of cross-border or national harm

ful interference in accordance w

ith Articles 28 and 46 respectively, and taking appropriate

pre-emptive and rem

edial measures to that end , prom

oting the shared use of radio spectrum

between sim

ilar and/or different uses of spectrum

and ensuring consistency and predictability throughout the U

nion regarding the way the use of radio

spectrum is authorised in protecting public health against

harmful electrom

agnetic fields

ES

(Com

ments):

THIS PA

RA

GR

APH

IS TOO

DETA

ILLED A

ND

BR

OA

D

CZ

(Com

ments):

The notion of “high quality and speed” should be related to som

ething e.g. ECS of IA

S.

HU

(Drafting):

2. Mem


onisation of use of

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N

radio spectrum

across the

Union

, consistent with

the need to ensure effective and efficient use thereof and in pursuit of benefits for the consum



orks . In so


rticle 4 and with


by inter alia

:(a) ensuring



ork;

HU

(Com

ments):

WE PR

OPO

SE TO R

ETHIN

K TH

IS PRO

VISIO

N A

ND

THE D

ELETION

OF

THE

NEW

ELEM

ENTS ,

WH

ICH

A

PPEAR

S ELSEW

HER

E A

S A

R

EGU

LATIO

N.

LV

(Drafting):

2. Mem



spectrum

across the U

nion , consistent w




orks . In so


rticle 4 and with


by inter alia

:(a) ensuring


ajor transport paths, including the trans-European transport

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N

network;

LV

(Com

ments):

The phrase “both indoors and outdoors” should be deleted. Latvia considers that requirem

ent on using the radio spectrum

to ensure high quality and rapid coverage indoors and outdoors is

disproportionate in

relation to

the prem

ises, as

well

exceeding an electronic comm

unications operators options for action, taking into account that the quality of indoor services is influenced

by building

construction, m

aterials and

other conditions outside operators com

petence.

AT

(Com

ments):

While the prom

otion of supply and connectivity is set as the objective pursued by the M

ember States, the objective set out in

paragraph 2a) should be clarified. As currently proposed, this

target could be applied to all frequency bands, even to the higher bands w

hich are not a “area spectrum” or have favorable

coverage properties. Ensuring national coverage for each band w

ould lead

to considerable

costs for M

ember

States and

businesses. Such an objective should be objectively justified. A

dditionally we propose an objective that ensures that spectrum

is assigned to those users that use the spectrum

efficiently.

PL

(Drafting):

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N

by inter alia :(a)

ensuring coverage

of their

national territory and population at high quality and speed, both indoors and

outdoors, including

where

appropriate along

major

transport paths, including the trans-European transport network;

PL

(Com

ments):

Not

all harm

onised spectrum

is

designed to

cover m

ajor transport paths.

UK

(Drafting):

DELETE “

by inter alia :(a)

ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along m


ork;”

UK

(Com

ments):

The additional text can only refer to wireless broadband

services and not ALL types of electronic com

munications

services. For example, A

rticle 2 specifically refers to broadcasting as an electronic com

munications service but

requiring high speed broadcasting coverage does not make

sense.

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N

FR

(Drafting):

FR

(Drafting):

2. Mem



spectrum

across the U

nion , consistent w




orks . In so


rticle 4 and with


by inter alia

:(a) ensuring

promoting coverage of their national territory and population

with electronic com

munication services at high quality and

speed, both

indoors and

outdoors, including

along m


ork;

FR

(Com

ments):

FR

(Com

ments):

Justification :

-« ensuring » revient à mettre en place une obligation de

résultat qui n’est pas atteignable (on ne peut pas assurer une couverture à l’intérieur de tous les bâtim

ents du territoire

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N

national).

-« with

electronic com

munication

services » : Pour

éviter l’interprétation que les États m

embres doivent assurer la

couverture du territoire par toutes les bandes de fréquences disponibles

(irréalisable et

inutile avec

les bandes

de fréquences hautes).

(b) ensuring that areas w

ith similar characteristics,

in particular in terms of netw

ork deployment or population

density, are subject to consistent coverage conditions;

ES

(Drafting):

Delete


ith similar characteristics,

in particular in terms of netw



AT

(Com

ments):

Paragraph 2b) provides that areas with sim

ilar characteristics should be subject to uniform

supply conditions. We point out

that this objective may be difficult in practice (if not im

possible to execute), since there m

ay be many factors that need to be

taken into account in the definition of coverage obligations (eg the date of allocation, national rules for the affected area, dem

and, end-user's willingness to pay, roll-out costs, etc.) and

these factors may differ w

idely in different regions.

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N

SE

(Drafting):

Deleted

SE

(Com

ments):

Population density is a not a specific factor for comparing

coverage. It is extremely difficult and cum

bersome to com

pare tw

o different geographic areas when it com

es to chareceristics for

coverage. C

overage is

not based

on sim

ilarities for

geographic areas but on other factors, (i.e. how and w

here coverage requirem

ents are introduced).

UK

(Drafting):

Recom

mend follow

ing changes:

“ensuring that, within a M

ember State, areas w

ith similar

characteristics, in particular in terms of netw

ork deployment or

population density, are subject to consistent coverage conditions for w

ireless broadband services.

UK

(Com

ments):

At the C

ouncil Working G

roup Meeting, the C

omm

ission

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N

explained that this referred to areas of similar characteristics

within a M

ember State rather than in other M

ember States. If

that is the case, the paragraph needs to be more explicit in

highlighting that

FR

(Drafting):

FR

(Drafting):


ith similar characteristics, in

particular in terms of netw



FR

(Com

ments):

FR

(Com

ments):

Justification : Les autorités françaises considèrent que les caractéristiques d’un territoire à prendre en com

pte pour sa couverture par des services de com

munication électronique

sont multiples et com

plexes. Définir des territoires sim

ilaires de ce point de vue est com

pliqué et nécessairement subjectif. C

ette disposition va potentiellem

ent générer d’importantes difficultés.

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N

(c) facilitating the rapid developm

ent in the Union

of new w

ireless comm

unications technologies and applications, including, w

here appropriate, in a cross-sectorial approach;

ES

(Drafting):

Delete


ent in the Union

of new w

ireless comm

unications technologies and applications, including, w


AT

(Com

ments):

Ok.

The term

“cross-sectorial”

may

need som

e further

clarification.

SE

(Drafting):

Deleted

SE

(Com

ments):

This provision is not related to radiospectrum m

anagement.

UK

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

235 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Recom

mend D

ELETE

FR

(Drafting):

FR

(Drafting):


ent in the Union of new

w

ireless com

munications

technologies and

applications, including, w


FR

(Com

ments):

FR

(Com

ments):

Justification: Il ne semble pas approprié de considérer une

« approche transectorielle » comm

e un objectif en soi.

(d) ensuring

the prevention

of cross-border

or national harm

ful interference in accordance with A

rticles 28 and 46 respectively, and taking appropriate pre-em

ptive and rem

edial measures to that end;

ES

(Drafting):

Delete

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NO

T AD

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

CZ

(Drafting):

(d) ensuring the prevention of cross-border or national harm

ful interference in accordance w

ith Articles 28 and 46 respectively, and

taking appropriate pre-emptive and rem

edial measures to that end

CZ

(Com

ments):

This is just a suggestion for simplification w

ithout any change of m

eaning.

(d) ensuring

the prevention

of cross-border

or national harm

ful interference in accordance with A

rticles 28 and 46 respectively, and taking appropriate pre-em

ptive and rem

edial measures to that end;

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

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K, L

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SE DO

NO

T AD

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R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):

(d) ensuring the prevention of cross-border or national

harmful interferencein accordance w

ith Articles 28and 46

respectively, and taking appropriate pre-emptive

FR

(Com

ments):

FR

(Com

ments):

Justification: L’objectif de prévention face aux interférences va au-delà du cadre défini par les atricles 28 et 46.

(e) prom


between sim

ilar and/or different uses of spectrum through

ES

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SE DO

NO

T AD

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance w

ith U

nion law;

(Drafting):

Delete

CZ

(Drafting):

(e) prom

oting the shared use of radio spectrum betw

een sim

ilar and/or different uses of spectrum through appropriate

established sharing

rules and

conditions, including

the protection of existing rights of use, in accordance w

ith Union

law;

CZ

(Com

ments):

This is just a suggestion for simplification w

ithout any change of m

eaning.

(e) prom


between sim

ilar and/or different uses of spectrum through

appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance w

ith U

nion law;

AT

(Com

ments):

Ok

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239 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

UK

(Drafting):

Recom

mend D

ELETE

FR

(Drafting):

FR

(Drafting):

(e) prom

oting the shared use of radio spectrum betw

een sim

ilar and/or different uses of spectrum through appropriate

established sharing

rules and

conditions, including

the protection of existing rights of use, in accordance w

ith Union

law;

FR

(Com

ments):

FR

(Com

ments):

Justification : les conditions de partage peuvent être également

définies au niveau national..

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K, L

T, FR and SK

240 PLEA

SE DO

NO

T AD

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

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N

(f) applying the m

ost appropriate and least onerous authorisation system

possible in accordance with A

rticle 46 in such a w

ay as to maxim

ise flexibility, sharing and efficiency in the use of radio spectrum

;

ES

(Drafting):

Delete

(f) applying the m




ay as to maxim


;

AT

(Com

ments):

Ok

UK

(Drafting):

Recom

mend D

ELETE

FR

(Drafting):

FR

(Drafting):

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K, L

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241 PLEA

SE DO

NO

T AD

D O

R D

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

D C

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N

(f) applying the m




ay as to maxim


;

FR

(Com

ments):

FR

(Com

ments):

Justification: Cet alinea n’apporte pas de plus value à l’article

46. Par ailleurs, la question du système d’autorisation va au-

delà de ce qui est couvert par l’article 46.

(g) ensuring that rules for the granting, transfer,

renewal, m

odification and withdraw

al of rights to use radio spectrum

are clearly and transparently defined and applied in order

to guarantee

regulatory certainty,

consistency and

predictability;

ES

(Drafting):

Delete

(g) ensuring that rules for the granting, transfer,

renewal, m

odification and withdraw

al of rights to use radio spectrum

are clearly and transparently defined and applied in order

to guarantee

regulatory certainty,

consistency and

predictability;

AT

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K, L

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242 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(h) ensuring

consistency and

predictability throughout the U



harmful electrom

agnetic fields.

ES

(Drafting):

Delete

(h) ensuring

consistency and

predictability throughout the U



harmful electrom

agnetic fields.

AT

(Com

ments):

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K, L

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243 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

Ok

PL

(Drafting):

ensuring consistency and predictability throughout the Union

regarding the way the use of radio spectrum

is authorised in protecting public health against harm

ful electromagnetic field

by applying direct Council R

ecomm

endation No 1999/519/EC

PL

(Com

ments):

Differences in the electrom

agnetic field regulations in each M

ember State m

ay lead to lower charges for the rights granted

for the use of radio spectrum, w

hich could distort competition

in the

Union

internal m

arket and

prevent cross-border

investments as w

ell as the cross-border frequency allocation. It should be outlined that the negative effects of this field can be talked about only w

hen the emission standards are exceeded.

Only

the direct

application of

the R

ecomm

endation 1999/519/EC

will ensure coherent im

plementation conditions

and that each MS w

ill provide the same (exposure) lim

its for electrom

agnetic field exposure across the EU.

UK

(Drafting):

Recom

mend D

ELETE

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K, L

T, FR and SK

244 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

UK

(Com

ments):

Unclear how

a consistent and predictable authorisation process across the U

nion will protect public health

When

adopting technical

harmonisation

measures

under D


, the Com

mission m

ay, taking utmost

account of the opinion of Radio Spectrum

Policy Group, adopt

an implem

enting measure setting out w

hether, pursuant to A

rticle 46 of this Directive, rights in the harm

onised band shall be subject to a general authorisation or to individual rights of use.

Those im

plementing

measures

shall be

adopted in

accordance with the exam

ination procedure referred to in A

rticle 110(4).

ES

(Drafting):

Delete

ES

(Com

ments):

WE

DO

N,T

SEE TH

E A

DD

ED

VA

LUE

OF

THIS

IMPLEM

ENTIN

G PO

WER

S

CZ

(Drafting):

When

adopting technical

harmonisation

measures

under D


, the Com

mission m

ay, taking utmost


Policy Group, adopt

an implem





Those im

plementing

measures

shall be

adopted in

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NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N



rticle 110(4).

CZ

(Com

ments):

We think that this should be set in the harm

onizing decision of the EP and C

ouncil.

HR

(Drafting):

Delete

HR

(Com

ments):

It is not clear why im

plementing m

easures regarding technical harm

onisation m

easures should

address the

modalities

of granting the right of use of spectrum

(general licence or individual rights of use).

When

adopting technical

harmonisation

measures

under D


, the Com

mission m

ay, taking utmost


Policy Group, adopt

an implem





Those im

plementing

measures

shall be

adopted in


ination procedure referred to in

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NO

T AD

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R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N

Article 110(4).

HU

(Com

ments):

WE PR

OPO

SE TO D

ELETE THIS PA

RA

GR

APH

IN LIN

E WITH

OU

R

GEN

ERA

L REM

AR

KS O

N IM

PLEMEN

TING

MEA

SUR

ES.

AT

(Drafting):

Should be deleted.

AT

(Com

ments):

The possibility of the Com

mission to adopt im

plementing

measures is seen very critical at this point. In our opinion the

current legal instruments are sufficient and should be used m

ore effectively.

SE

(Drafting):

Deleted

SE

(Com

ments):

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SE DO

NO

T AD

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N

The choice

of authorisation

regime,

whether

to m

ake a

frequency band available by means of a general authorisation

(licence exempt regim

e) or by individual rights of use needs to be subject to national decisions based on specific national circum

stances.

PL

(Drafting):

Delate.

When

adopting technical

harmonisation

measures

under D


, the Com

mission m

ay, taking utmost


Policy Group, adopt

an implem





Those im

plementing

measures

shall be

adopted in



rticle 110(4).

PL

(Com

ments):

Poland does not support the new com

petences for the European C

omm

ission in

determining

whether

the rights

to the

harmonized band are to be subject to a general license or

require individual rights of use, and indicate that this decision should rem

ain the exclusive competence of the M

ember States

and their competent national institutions.

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248 PLEA

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NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

IT

(Com

ments):

Com

mission pow

ers should be limited specifying som

e criteria, w

ithout specific obligations.

UK

(Drafting):

Recom

mend D

ELETE

SK

(Com

ments):

We have objections tow

ards the proposed competence for the

Com

mission to adopt im

plementing acts setting w

hether a band shall

be subject

to general

authorisation or

individual authorisation regim

e. The NR

A is best suited to consider the

most appropriate licence regim

e on the national level. The proposal in question is at the sam

e time in contradiction w

ith art. 46.3, w

hich sets out criteria for a decision, which regim

e shall a band be subject to. A

s a comprom

ise we could support a

recomm

endation issued by the Com

mission, to set out criteria

and hence achieve more coordination of the licencing across the

EU.

Where the C

omm

ission is considering acting to provide for m

easures in accordance with A

rticle 39, it may seek the advice

Where the C

omm

ission is considering acting to provide for m

easures in accordance with A

rticle 39, it may seek the advice

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249 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

D C

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UM

N

of the

Radio

Spectrum

Policy G

roup w

ith regard

to the

implications of any such standard or specification for the

coordination, harmonisation and availability of radio spectrum

. The C

omm

ission shall take utmost account of the advice of the

Radio Spectrum

Policy Group in taking any subsequent steps.

of the

Radio

Spectrum

Policy G

roup w

ith regard

to the

implications of any such standard or specification for the

coordination, harmonisation and availability of radio spectrum

. The C

omm

ission shall take utmost account of the advice of the

Radio Spectrum

Policy Group in taking any subsequent steps.

AT

(Com

ments):

Ok.

SE

(Drafting):

Move to article 39

SE

(Com

ments):

This provision should be moved to article 39 w

here it belongs.

UK

(Drafting):

Recom

mend D

ELETE

FR

(Com

ments):

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U, LV

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K, L

T, FR and SK

250 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

FR

(Com

ments):

Justification : cet

alinéa concerne

l’article 39

sur la

normalisation. Il devrait être placé dans l’article 39. U

ne alternative consiste à clarifier le lien qu’il y a entre l’article 39 et le présent 2 de l’article 45.

3. In case of a national or regional lack of market dem

and for the use of a harm

onised band, and subject to the harmonisation

measure adopted under D


, Mem

ber States m

ay allow an alternative use of all or part of that band,

including the existing use, in accordance with paragraphs 4 and

5, provided that:

HR

(Drafting):

Reserved

HR

(Com

ments):

We

believe that

modifications

in existing

use are

not sufficiently defined.

AT

(Com

ments):

The provision in paragraph 3 provides that an alternative use in a harm

onized band may be perm

itted if there is a lack of market

demand. W

hile this scheme is generally w

elcomed, M

ember

States' obligation to review an alternative use every three years

may increase uncertainty for investors w

ith regard to such

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K, L

T, FR and SK

251 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N

alternative use and in practice may prevent alternative use.

SE

(Drafting):

3. In case of a national or regional lack of market dem

and for the use of a harm

onised band radio spectrum, and subject to

the harm

onisation m

easure adopted

under D

ecision N

o 676/2002/EC

, Mem


an alternative use of all or part of the harm

onised radio spectrum that band,

including the existing use, in accordance with paragraphs 4 and

5, provided that:

SE

(Com

ments):

The term band is used w

ithout definition. It would be better to

use the notion “radio spectrum” throughout the directive.

IT

(Com

ments):

We suggest to delete this paragraph or at least only the point (a)

UK

(Drafting):

No recom

mended changes

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252 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

UK

(Com

ments):

No com

ments

(a) the finding of a lack of m

arket demand for the

use of the harmonised band is based on a public consultation in

line with A

rticle 23;

AT

(Com

ments):




demand. W


elcomed, M

ember



ith regard to such alternative use and in practice m

ay prevent alternative use.

SE

(Drafting):

(a) the finding of a lack of m

arket demand for the use of the

harmonised

bandradio spectrum

is

based on

a public

consultation in line with A

rticle 23;

SE

(Com

ments):




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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

253 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(b) such alternative use does not prevent or hinder

the availability or the use of the harmonised band in other

Mem

ber States; and

AT

(Com

ments):




demand. W


elcomed, M

ember





SE

(Drafting):

(b) such alternative use does not prevent or hinder the

availability or the use of the harmonised bandradio spectrum

in other M

ember States; and

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K, L

T, FR and SK

254 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):




UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(c) the M

ember State concerned takes due account

of the long-term availability or use of the harm

onised band in the U

nion and the economies of scale for equipm

ent resulting from


in the Union

AT

(Com

ments):




demand. W


elcomed, M

ember





SE

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

255 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

(Drafting):

(c) the M

ember State concerned takes due account of the

long-term availability or use of the harm

onised bandradio spectrum

in

the U

nion and

the econom

ies of

scale for

equipment resulting from


in the U

nion

SE

(Com

ments):




UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

The alternative use shall only be allowed on an exceptional

basis. It shall be subject to a review every three years, or upon

request to the competent authority for use of the band in

accordance with the harm

onisation measure by a prospective

ES

(Drafting):

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

256 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

user. The Mem

ber State shall inform the C

omm

ission and the other M

ember States of the decision taken as w

ell as of the outcom

e of any review, together w

ith its reasoning.


basis. It shall be subject to a review every five years, or upon

request to the competent authority for use of the band in

accordance with the harm

onisation measure by a prospective

user. The Mem

ber State shall inform the C

omm

ission and the other M

ember States of the decision taken as w

ell as of the outcom


ith its reasoning.

ES

(Com

ments):

THE PER

IOD

IS TOO

SHO

RT

CZ

(Drafting):

The alternative use shall only be allowed on an exceptional basis. It

Such decision shall be subject to a review every three years, or upon

request to the competent authority for use of the band in accordance

with the harm

onisation measure by a prospective user. The M

ember

State shall inform the C

omm

ission and the other Mem

ber States of the decision taken as w

ell as of the outcome of any review

, together w

ith its reasoning.

CZ

(Com

ments):

This is to make clear that the decision w

ill be subject to review and

not the various possibilities of alternative use.

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

257 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

HR

(Drafting):

Delete: “or upon request to the com

petent authority for use of the band in accordance w

ith the harmonisation m

easure by a prospective user”

HR

(Com

ments):

We believe that the possibility of alternative use of harm

onised band is a good w

ay forward and should be used on exceptional

basis. How

ever once allowing this use the holder of the right

should also be granted some certainty. Therefore w

e believe that providing this usage is revoked upon request to the com

petent authority by a prospective user at any time is

inconsistent with legal certainty.

HU

(Drafting):


basis. It

shall be

subject to

a review

every

three yearsperiodiccly, or upon request to the com



easure by a prospective user. The M

ember State shall inform

the C

omm

ission and the other Mem

ber States of the decision taken as w

ell as of the outcome of any review

, together with its

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

258 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

reasoning.

HU

(Com

ments):

TH

E A

LTERN

ATIV

E U

SER

HA

S IN

VESTM

ENTS

TOO.

TH

E SA

FEGU

AR

D

OF

THET

INV

ESTMEN

T IS

IMPO

RTA

NT

AT

ALTER

NA

TIVE U

SAG

E TOO.

AT

(Drafting):

This part of paragraph 3 should be deleted.

AT

(Com

ments):

Mem

ber States' obligation to review an alternative use every

three years may increase uncertainty for investors w



SE

(Drafting):


basis. It shall be subject to a review every three years, or upon

request to the competent authority for use of the bandradio

spectrum in accordance w


easure by a prospective

user. The

Mem

ber State

shall inform

the

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

259 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Com

mission and the other M

ember States of the decision taken

as well as of the outcom


ith its reasoning.

SE

(Com

ments):




IT

(Com

ments):

The revision every 3 years does not appear to be a positive factor cause the tim

e period of the RO

I in the spectrum usage is

generally always very long.

UK

(Drafting):


basis. It shall be subject to a review at a time that is determ

ined by the M

ember States but not m

ore than once every three years, or upon request to the com



easure by a prospective user. The M

ember State shall inform

the Com

mission and the

other Mem

ber States of the decision taken as well as of the

outcome of any review, together w

ith its reasoning.

UK

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

260 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

The timings for review

ing alternative uses of harmonised

spectrum bands should be for M

ember States to decide and be

based on what the alternative use is as w

ell as national priorities and needs.

FR

(Drafting):

FR

(Drafting):


basis. It shall be subject to a review every three years at

regular intervals , or upon request to the competent authority

for use of the band in accordance with the harm

onisation m

easure by a prospective user. The Mem

ber State shall inform

the Com

mission and the other M

ember States of the decision

taken as well as of the outcom


ith its reasoning.

FR

(Com

ments):

FR

(Com

ments):

Justification : un réexamen tous les 3 ans peut être rédhibitoire

EECC


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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

261 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

pour l’investissement dans un usage alternatif de la bande de

fréquences. Il est préférable de laisser les États Mem

bres définir la fréquence des réexam

ens pour une plus grande souplesse.

4. Unless otherw

ise provided in the second subparagraph, M

ember States shall ensure that all types of technology used for

electronic comm

unications services or netw

orks m

ay be used in the radio

spectrum

, declared available for electronic com

munications services in their N

ational Frequency A

llocation Plan in accordance with

Union

law.

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):

4. Unless otherw

ise provided in the second subparagraph,

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

262 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Mem

ber States shall ensure that all types of technology used for electronic com


or networks

may be

used in the radio spectrum

, declared available for

electronic comm

unications services in their National Frequency

Allocation Plan in accordance w

ith U

nion law

.

FR

(Com

ments):

FR

(Com

ments):

Justification: exclusion des réseaux mobiles gouvernem

entaux

Mem

ber States may, how

ever, provide for proportionate and non-discrim

inatory restrictions to the types of radio network or

wireless access technology used for electronic com

munications

services where this is necessary to:

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

EECC


UM

- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

263 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No com

ments

(a) avoid harmful interference;

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(b) protect public health against electrom

agnetic fields , taking utm

ost account of Council R

ecomm

endation No

1999/519/EC11;

AT

(Com

ments):

Ok

11

Recom

mendation 1999/519/EC

of the Council of 12 July 1999 on the lim


z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59).

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

264 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

PL

(Drafting):

(b) protect public health against electromagnetic fields

, taking

utmost

account of

by using

directly C

ouncil R

ecomm


12;

PL

(Com

ments):

By adopting R

ecomm

endation 1999/519/EC, it w

as confirmed

that the electromagnetic field lim

its contained therein were safe

for human health and life. A

t present, the proposal of this provision contradicts recital 104 and art. 45 (2) a, h, and also the proposed w

ording. Poland is of the opinion that in order to fully realize the goals set by all the M

Ps we should either use

direct Recom

mendations or opt-out of A

rticle. 45 (4) b.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

12

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59).

EECC


UM

- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

265 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No com

ments

(c) ensure technical quality of service;

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(d) ensure m

aximisation of

shared use of radio spectrum

resources, in accordance with U

nion law;

C

Z

(Drafting):

(d) ensure maxim

isation of shared use of radio spectrum

resources, in accordance w

ith Union law

;

CZ

EECC


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- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

266 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Proposed alignment of term

inology.

HU

(Drafting):

(d) ensure maxim

isation of shared effective use of radio

spectrum resources, in accordance w

ith Union law

for example

shared use;

HU

(Com

ments):

TH

E SH

AR

ED

USE

IS JU

ST O

NE

POSSIB

LE SO

LUTIO

N

TO

MA

XIM

ISATIO

N O

F THE EFFEC

TIVE U

SE.

AT

(Com

ments):

Ok

SE

(Drafting):

Deleted

SE

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

267 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Without a clear m

ethod on how to ensure this effect it cannot be

effective legislation.

UK

(Drafting):

DELETE “shared use of”

UK

(Com

ments):

It is unclear why this specifically needs to refer to shared use of

radio spectrum

FR

(Drafting):

FR

(Drafting):

(d) ensure maxim

isation of Facilitate shared use of radio

spectrum resources. , in accordance w

ith Union law

;

FR

(Com

ments):

EECC


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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

268 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Com

ments):

Justification: Ce qui doit être m

aximisé c’est l’utilisation

efficace du spectre doit être maxim

isé et le partage du spectre, solution

préconisée, doit

donc être

facilité plutôt

qu’être m

aximisé.

Par ailleurs, ce partage est généralement défini au niveau

national.

(e) safeguard efficient use of

radio spectrum

; or A

T

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

EECC


UM

- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

269 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(f) ensure the fulfilm

ent of a general interest objective in accordance w

ith paragraph 5. A

T

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

5. Unless otherw

ise provided in the second subparagraph, M

ember

States shall

ensure that

all types

of electronic

comm

unications services

may

be provided

in the

radio spectrum

, declared

available for

electronic com

munications

services in

their N

ational Frequency

Allocation Plan in accordance w

ith U

nion law

. Mem

ber States

may,

however,

provide for

proportionate and

non-discrim

inatory restrictions

to the

types of

electronic com

munications services to be provided, including, w

here necessary,

to fulfil

a requirem

ent under

the ITU

R

adio R

egulations.

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

270 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):

A m

easure which prohibits the provision of an electronic

comm

unications service in a specific band may only be

provided for where justified by the need to protect safety of

life services. Mem

ber States may, exceptionally, also extend

such a measure in order to fulfil other general interest

objectives as defined by Mem

ber States in accordance with

Union law

.

FR

(Com

ments):

FR

(Com

ments):

Justification : Le dernier alinéa du 5 doit être placé après le prem

ier alinéa du 5 car il explicite celui-ci.

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

271 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Measures that require an electronic com

munications service to

be provided

in a

specific band

available for

electronic com

munications services shall be justified in order to ensure

the fulfilment of a general interest objective as defined by

Mem


ith U

nion law

, such as, and not lim

ited to:

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(a) safety of life; A

T

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

272 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

No com

ments

(b)

the prom

otion of

social, regional

or territorial

cohesion; A

T

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(c)

the avoidance

of inefficient

use of

radio spectrum

; or

AT

(Com

ments):

Ok

SE

EECC


UM

- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

273 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

(c) the efficient use avoidance of inefficient use of radio spectrum

; or

SE

(Com

ments):

A m


ording in line with how

this is form

ulated in other parts of the code.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(d) the prom

otion of cultural and linguistic diversity and m

edia pluralism, for exam

ple by the provision of radio and television broadcasting services.

AT

(Com

ments):

Ok

UK

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

274 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

A m

easure which prohibits the provision of any other electronic

comm

unications service

in a

specific band

may

only be

provided for where justified by the need to protect safety of life

services. Mem

ber States may, exceptionally, also extend such a

measure in order to fulfil other general interest objectives as

defined by Mem

ber States in accordance with

Union

law

.

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

FR

(Drafting):

EECC


UM

- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

275 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Drafting):

A m

easure which prohibits the provision of any other

electronic comm

unications service in a specific band may

only be provided for where justified by the need to protect

safety of life services. Mem

ber States may, exceptionally,

also extend such a measure in order to fulfil other general

interest objectives

as defined

by M

ember

States in

accordance with

Union

law.

FR

(Com

ments):

FR

(Com

ments):

Justification : cet alinéa est déplacé plus haut après le premier

alinéa du 5 car il explicite ce dernier.

6. Mem

ber States shall regularly review the necessity of the

restrictions referred to in paragraphs 4 and 5, and shall make

the results of these reviews public.

AT

(Com

ments):

Ok

UK

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

276 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

7. Restrictions established prior to 25 M

ay 2011 shall comply

with paragraphs 4 and 5 by the date of application of this

Directive .

AT

(Com

ments):

Ok

SE

(Drafting):

7. Restrictions for techniques for radio netw

orks or wireless

access used

for electronic

comm

unication services

established prior to 25 May 2011 shall com

ply with paragraphs

4 and 5 by the date of application of this Directive .

SE

(Com

ments):

Clarification of the type of restriction paragraph 7 regulates.

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

277 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

SE

(Drafting):

8. Taking into account the relevant national circum

stances, M

ember States m

ay lay down rules in order to prevent

spectrum

hoarding, in

particular by

setting out

strict deadlines for the effective exploitation of the rights of use by the holder of the rights and by applying penalties, including financial penalties or the w

ithdrawal of the rights of use in

case of non-compliance w

ith the deadlines. These rules shall be

established and

applied in

a proportionate,

non-discrim

inatory and transparent manner.

SE

(Com

ments):

There might still be a need to be able to address issues w

ith regards to spectrum

hoarding.

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N

Article 46

A

uthorisation of the use of radio spectrum

A

T

(Com

ments):

The Com

mission w

ishes to increase the capacity of small

service providers to have access to spectrum through a less

costly m

echanism

which

is in

abstract a

fair objective.

Furthermore, (m

odern types of) spectrum sharing m

ay lead to a m

ore efficient use of the scarce resource spectrum. In order to

reap the full potential, a framew

ork is needed that covers different

sharing m

odels and

the corresponding

types of

authorisation. For

example

it m

ay be

necessary to

grant individual rights of use to several users w

ho share a particular frequency on a shorter term

basis in order to coordinate the access to the frequency in different dim

ensions such as time

and space (which for exam

ple would contradict the m

inimum

licence duration of 25 years). W

e are not convinced that the new

framew

ork is ready for future sharing models. The right

approach would be to create an enabling provision w

hich rem

oves barriers to Mem

ber States applying sharing provisions and em

power national authorities to authorize all types of

sharing.

SE

(Drafting):

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N

General A

authorisation to of the use of radio spectrum

SE

(Com

ments):






See also

proposal for

an added

definition on



ent).

1. Mem

ber States shall facilitate the use of radio spectrum

, including shared use,

under general authorisations and

limit the granting of individual rights or use for radio spectrum

to situations w

here such rights are necessary to maxim

ise efficient use in the light of dem

and and, taking into account the criteria set out in the second subparagraph

. In all other

cases, they shall set out the conditions for the use of radio spectrum

in a general authorisation.

ES

(Drafting):

1. Mem

ber States shall facilitate the use of radio sp

ectrum



to situations w




.

In all other cases, they shall set out the conditions for the use of radio spectrum


HR

Formatted

: Strikethrough

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MN

S OR

CE

LLS OR

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AN

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UM

N

(Drafting):

Replace general authorisation w

ith general licence

Delete: “In all other cases, they shall set out the conditions for

the use of radio spectrum in a general authorisation.”

HR

(Com

ments):

This replacement previously explained.

As for the second suggestion, it is not clear as to w

hat “in all other cases” refers to. W

e understand that there are two m

eans to facilitate the use of radio spectrum

: general authorisation (licence) and individual right of use. Furtherm

ore, article 47 defines obligation regarding conditions for the use of radio spectrum

.

HU

(Drafting):

1. Mem



under general authorisations and


to situations w




. In all other

cases, they shall set out the conditions for the use of radio spectrum


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N

HU

(Com

ments):

WE

SUPPO

RT

THE

DEFIN

ITION

A

ND

R

ECO

NSID

ERA

TON

O

F C

RITER

IAS W

HIC

H SH

ALL B

E TAK

EN IN

TO C

ON

SIDER

ATIO

N B

Y

MEM

BER

S

TATES

WH

EN

DEC

IDIN

G

ON

TH

E G

IVEN

A

UTH

OR

ISATIO

N M

ECH

AN

ISM.

HO

WEV

ER, THE FIR

ST PAR

T OF TH

E PAR

AG

RA

PH A

ND

THE SEC

ON

D

PAR

T, WH

ICH

CO

NTA

INS D

ETAILED

TECH

NIC

AL ELEM

ENTS A

RE

NO

T INLIN

E ; THER

EFOR

E WE R

EQU

EST THE D

ELETION

OF TH

E NEW

SEC

ON

D PA

RT O

F THE PA

RA

GR

APH .

AT

(Com

ments):

Ok.

SE

(Drafting):

1. Mem

ber States shall facilitate general authorisation to the use of radio

spectrum, including shared use,

under general authorisations

and limit the granting of individual

rights or use for radio spectrum to situations w

here such rights are necessary to m

aximise efficient use in the light of dem


. In all other cases, they shall set out the

conditions for

the use

of radio

spectrum

in a

general

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N

authorisation to use radio spectrum.

SE

(Com

ments):






See also

proposal for

an added

definition on



ent).

PL

(Drafting):

1. Mem



under general authorisations and and lim

it the granting of individual rights. or use for radio spectrum

to situations where such rights are necessary to

maxim

ise efficient use in the light of demand and, taking into

account the criteria set out in the second subparagraph .



PL

(Com

ments):

We

do not

see the

justification for

emphasising

general

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N

authorizations over the individual rights to spectrum. W

e are in favor

of issuing

individual perm

its rather

than general

authorizations. Granting individual, exclusive rights to use

spectrum

has been

the basis

for efficient

operation of

telecomm

unications operators for many years, and this process

has been repeatedly verified and there is no need to change this approach tow

ards general authorizations.

IT

(Com

ments):

Mem

ber States

are responsible

to determ

ine the

more

appropriate regime to authorise the use of spectrum

.

UK

(Drafting):

Suggest amend line to read as follow

s:

“Mem

ber States shall facilitate the use of radio spectrum,

including shared use, under general authorisations and limit

the granting of individual rights of or use for radio spectrum to

situations where such rights are necessary to m

aximise efficient

use in light of demand and, taking into account the criteria set

out in the second subparagraph .


in a general authorisation. .”

To this end, Mem

ber States shall decide on the most

UK

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N

appropriate regime for authorising the use of radio spectrum

, taking account

: (D

rafting):

DELETE and m

ove to REC


ith “should”

UK

(Com

ments):

The accompanying list is too prescriptive and unnecessary for

legislation so would be m

ore suitable being moved to recitals.

(a) the specific characteristics of the radio spectrum

concerned;

AT

(Com

ments):

Ok

UK

(Drafting):

DELETE and m

ove to REC

ITALS

UK

(Com

ments):

No com

ments

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N

(b) the

need to

protect against

harmful

interference; A

T

(Com

ments):

Ok

UK

(Drafting):

DELETE and m

ove to REC

ITALS

UK

(Com

ments):

No com

ments

(c) the

requirements

for a

reliable sharing

arrangement, w

here appropriate; A

T

(Com

ments):

Ok

UK

(Drafting):

DELETE and m

ove to REC

ITALS

FR

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NO

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Y R

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MN

S OR

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LLS OR

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N

(Drafting):

FR

(Drafting):

c) the

need to

guarantee predictable

and reliable

sharing conditionsrequirem

ents for

a reliable

sharing arrangem

ent, where appropriate;

FR

(Com

ments):

FR

(Com

ments):

Justification: Cet am

endement porte sur l’alignem

ent de la definition

de l’utilisation

partége du

spectre Article

1 paragraphe 26.

(d) the appropriate level of receiver resilience

to

ensure technical

quality of

comm

unications or

service;

HR

(Drafting):

Rew

ording: “the

need to

ensure technical

quality of com

munications or service “

HR

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MN

S OR

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LLS OR

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END

TEXT IN

TH

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AN

D C

OL

UM

N

(Com

ments):

HR

believes that receiver resilience should not be highlighted in particular. The provision should rem

ain general, which also

covers receiver resilience.

AT

(Drafting):

Should be deleted.

AT

(Com

ments):

This is already covered by the Radio Equipm

ent Directive

(RED

- 2014/53/EU) and the harm

onised standards to be im

plemented in equipm

ent to be placed on the market. This

should be enough, because also TV receivers are covered by the

RED

.

IT

(Drafting):

delete

IT

(Com

ments):

This paramether is non adequate.

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MN

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TH

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AN

D C

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UM

N

UK

(Drafting):

Recom

mend D

ELETE new text and m

ove to REC

ITALS

FR

(Drafting):

FR

(Drafting):

(d) the appropriate level of receiver resilience to

ensure technical quality of

comm

unications or service;

FR

(Com

ments):

FR

(Com

ments):

Justification: La

qualité des

comm

unications ne

peut se

résumer au problèm

e des récepteurs.

FR

(Drafting):

FR

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N

(Drafting):

e) safeguard efficient use of spectrum

FR

(Com

ments):

FR

(Com

ments):

Justification: cet élément qui était present dans la directive

autorisation doit etre maintenu.

(e) objectives of general interest as defined by

Mem


ith U

nion law

. A

T

(Com

ments):

Ok

UK

(Drafting):

DELETE and m

ove to REC

ITALS

UK

(Com

ments):

No com

ments

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AM

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TH

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AN

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UM

N

FR

(Drafting):

FR

(Drafting):

(e f) objectives of general interest as defined by M

ember

States in conformity w

ith U

nion law

.

FR

(Com

ments):

FR

(Com

ments):

Justification: mise à jour de le num

érotation

When applying a general authorisation or individual rights

taking in

account m

easures adopted

under D

ecision N

o 676/2002/EC

where the radio spectrum

band concerned has been

harmonised,

Mem

ber States

shall seek

to m

inimise

problems of harm

ful interference, including in cases of shared use of radio spectrum

on the basis of a combination of general

authorisation and individual rights of use. In so doing, they shall have regard to the need:

ES

(Com

ments):

THE LA

NG

UA

GE IN

THIS PA

RA

GR

APF IS N

OT C

LEAR

(W

HA

T D

OES

IT M

EAN

H

ERE

“RESILIEN

T”? A

ND

“IM

PEDIM

ENTS”?

HR

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OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

(Drafting):

Delete.

HR

(Com

ments):

Defined in EC

/CEPT decisions and recom

mendations.

HU

(Drafting):


taking in

account m

easures adopted

under D

ecision N

o 676/2002/EC



harmonised,

Mem

ber States

shall seek

to m

inimise

problems of harm




HU

(Com

ments):

WE TH

INK

THER

E IS NO

NEED

FOR

AN

EXA

MPLE. IT D

OES N

OT

HELP TH

E CO

MM

ON

UN

DER

STAN

DIN

G .

AT

(Com

ments):

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NO

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OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

D C

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UM

N

Ok

SE

(Drafting):

When applying a legal fram

ework for general authorisation to

use radio spectrum or individual rights taking in account

measures adopted under D


where the

radio spectrum band concerned has been harm

onised, Mem

ber States shall seek to m

inimise problem

s of harmful interference,

including in cases of shared use of radio spectrum on the basis

of a

combination

of general

authorisation to

use radio

spectrum and individual rights of use. In so doing, they

shall have regard to the need:

SE

(Com

ments):

In order

to clearly

state that

the m

eaning is


without an individual right

of use.

See also

proposal for

an added

definition on



ent).

IT

(Drafting):


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N

taking in

account m

easures adopted

under D

ecision N

o 676/2002/EC



harmonised,

Mem

ber States

shall seek

to m

inimise

problems of harm




IT

(Com

ments):

We suggest the m

odification to be more flexible.

UK

(Com

ments):

At the C

ouncil Working G

roup Meeting, the C

omm

ission’s justification on this w

as the relationship between broadcasting

and PMSE; how

ever, PMSE do have individual rights for use

of spectrum, even if that licence is for a very short duration. It

is, therefore, unclear what the reasoning behind this paragraph

is

FR

(Drafting):

FR

(Drafting):

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N


taking in

account m

easures adopted

under D

ecision N

o 676/2002/EC



harmonised,

Mem

ber States

shall seek

to m

inimise

problems of harm




– to m

aintain incentives for incorporation of resilient receiver technologies in devices;

HR

(Drafting):

Delete.

HR

(Com

ments):

Defined in EC


mendations.

– to m


HU

(Com

ments):

TH

E REC

EIVER

PAR

AM

ETERS A

RE U

ND

ER TH

E SCO

PE OF TH

E RED

. B

Y O

UR

OPIN

ION

IT IS NO

T POSSIB

LE TO M

AIN

TAIN

INC

ENTIV

ES OF

THE M

EMB

ER S

TATES C

OV

ERED

BY

AN

OTH

ER D

IREC

TIVE.

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N

AT

(Com

ments):

Ok

IT

(Drafting):

delete

UK

(Drafting):

Recom

mend D

ELETE

UK

(Com

ments):

How

are Mem

ber States supposed to incentivise Apple to

change the design of their I-Phone or householders to improve

the in-home set-up of their TV

systems w

ithout a significant financial cost to the M

ember State. The technical capabilities

of a householder’s in-house set-up is for them to decide

FR

(Drafting):

FR

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UM

N

(Drafting):

– to m


FR

(Com

ments):

FR

(Com

ments):

Justification: La

Directive

RED

2014/53/UE

permet

d’améliorer la perform

ance des récepteurs en cohérence avec les

conditions techniques

d’utilisation donc

il n’est

pas nécessaire de dupliquer cela.

– to prevent im

pediments caused by alternative users;

CZ

(Com

ments):

Question: it is not clear w

heter this relates to alternative use under article 45/2 or generaly to all other users.

HR

(Drafting):

Delete.

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MN

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CE

LLS OR

AM

END

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TH

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AN

D C

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UM

N

HR

(Com

ments):

Defined in EC


mendations.

– to prevent im


HU

(Com

ments):

ALL PO

SSIBLE U

SE HA

S TO B

E REG

ULA

TED. TH

E ALTER

NA

TIVE

USE IS N

OT U

ND

ERSTA

BLE EX

PRESSIO

N IN

THIS C

ON

TEXT.

AT

(Com

ments):

Ok

IT

(Drafting):

delete

FR

(Drafting):

FR

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K, L

T, FR and SK

298 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

– to prevent im


FR

(Com

ments):

FR

(Com

ments):

Justification : Cet alinea est couvert par le texte d’introduction,

et semble porter aux conditions s’appliquant aux utilisations

gouvernementales du spectre.

– to avoid to the best extent possible the application of

the non-interference,

non-protection principle

to general

authorisation regimes; and

CZ

(Com

ments):

Question: Is it the intention to not apply such principles any

more? W

hat is the relation to shared use?

HR

(Drafting):

Delete.

HR

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K, L

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299 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

(Com

ments):

Defined in EC


mendations.


the non-interference,

non-protection principle

to general

authorisation regimes; and

HU

(Com

ments):

IN

CA

SE O

F G

ENER

AL

AU

THO

RISA

TION

W

E D

O

NO

T SEE

POSSIB

ILITY FO

R PR

OTEC

TION.

AT

(Drafting):

Should be deleted or changed (see comm

ent).

AT

(Com

ments):

General authorisation can only be based on non-protection

principle. With regard to spectrum

sharing there is a need for a authorisation system

that ensures a broad range of different sharing scenarios.

IT

(Drafting):

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K, L

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300 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

delete

FR

(Drafting):

FR

(Drafting):


the non-interference, non-protection principle to general authorisation regim

es; and

FR

(Com

ments):

FR

(Com

ments):

Justification: redondance avec la phrase dans le paraphe au dessus

(vert) « …

seek to

minim

ise problem

s of

harmful

interference »

FR

(Com

ments):

FR

(Com

ments):

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K, L

T, FR and SK

301 PLEA

SE DO

NO

T AD

D O

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TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

Justification : Les autorités francaises ne sont pas favorables à donner de nouveaux droits de protection aux systèm

es utilisant des fréquences sans licences. En effet, cet alinéa ne satisfait pas à

une exigence

essentielle du

Règlement

des Radiocom

munications de l'U

IT qui porte sur les interférences intra-bandes et hors bande. Voir le chapitre 1.169 de l'U

IT RR pour la définition réglem

entaire des «interférences nuisibles» et

des chapitres

5.28 à

31 pour

«Stations d'un

service secondaire» (qui se réfère aux bandes de spectre sans licence). Le cadre de l'U

E (voir la Décision 2006/771 / C

E et ses mises à

jour) a jusqu'à présent été conforme à cette règle de l'U

IT en considérant que les systèm

es utilisant le spectre sans licence (appelés SRD

: systèmes à courte portée) n’ont:

- Aucun droit de protection contre les transmissions intra-

bande et hors bande provenant d'autres équipements radio

autorisés

- Aucun droit d'interférer avec l'équipement radio autorisé en

intra-bande et hors bande

– w

here that principle still applies, to protect against out-of-band interference.

HR

(Drafting):

Delete.

HR

(Com

ments):

Defined in EC


mendations.

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K, L

T, FR and SK

302 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

– w


HU

(Com

ments):

I N

CA

SE O

F G

ENER

AL

AU

THO

RISA

TION

W

E D

O

NO

T SEE

POSSIB

ILITY FO

R PR

OTEC

TION.

AT

(Com

ments):

Ok

IT

(Drafting):

delete

UK

(Com

ments):

How

Mem

ber States protect against out-of-band interference is a m

atter for the Mem

ber State. For example, the U

K m

ade a licence requirem

ent on the MN

Os to prevent out-of-band

interference from 800M

Hz w

ireless broadband services where

other countries have had a very different approach. The com

mon factor w

ith how every M

ember State has dealt w

ith out-of-band em

missions from

800MH

z wireless broadband is

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K, L

T, FR and SK

303 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

that the results have been the same and the potential issue has

been managed extrem

ely efficiently in all countries.

FR

(Drafting):

FR

(Drafting):

– w


FR

(Com

ments):

FR

(Com

ments):

Justification: voir ci dessus.

2. When taking a decision pursuant to paragraph 1 w

ith a view

to facilitating the shared use of radio spectrum, the com

petent authorities shall ensure that the rules and conditions for the shared use of radio spectrum

are clearly set out and concretely specified in the acts of authorisation.

2. When taking a decision pursuant to paragraph 1 w

ith a view

to facilitating the shared use of radio spectrum, the com

petent authorities shall ensure that the rules and conditions for the shared use of radio spectrum

are clearly set out and concretely specified in the acts of authorisation.

AT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

304 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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U, LV

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K, L

T, FR and SK

305 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

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UM

N

3. The Com

mission m

ay, taking utmost account of the opinion

of the Radio Spectrum

Policy Group, adopt im

plementing

measures on the m

odalities of application of the criteria, rules and conditions referred to in paragraphs 1 and 2 w

ith regard to harm

onised radio spectrum. It shall adopt these m

easures in accordance w


Article 110(4).

ES

(Drafting):

Delete

ES

(Com

ments):

WE D

ON

,T SEE THE A

DD

ED V

ALU

E OF TH

ESE IMPL.

POW

ERS

CZ

(Drafting):

3. The Com

mission m




plementing

measures on the m


ith regard to harm




Article 110(4).

CZ

(Com

ments):

We do not support the enhanced pow

ers of the Com

mission in this

respect.

HR

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, AT, SE, PL, IT, U

K, L

T, FR and SK

306 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

Delete

HR

(Com

ments):

Modalities and other elem

ents of spectrum aw

arding should only be subject to m

ember states decisions.

3. The Com

mission m




plementing

measures on the m


ith regard to harm




Article 110(4).

HU

(Com

ments):

TH

E CO

DE C

ON

TAIN

S SEVER

AL STIPU

LATIO

NS W

HIC

H A

LLOW

THE

CO

MM

ISSION

TO

A

DO

PT IM

PLEMEN

TING

M

EASU

RES.

TH

ESE PR

OV

ISION

S EX

AM

INED

O

NE-B

Y-ON

E D

O

NO

T C

AU

SE D

IFFICU

LTIES, H

OW

EVER

IF

WE

EXA

MIN

E TH

E C

UM

ULA

TIVE

EFFECTS,

THE

STIPULA

TION

S C

AN

R

ESULT

THA

T IF

THE

CO

MM

ISSION

USES A

LL ITS RIG

HTS, TH

E MEM

BER

STA

TES WILL

LOSE

ITS PO

WER

TO

A

CT

AU

TON

OM

OU

SLY

REG

AR

DIN

G

THE

REG

ULA

TION

OF TH

E USE O

F SPECTR

UM

OR

THE IN

DIV

IDU

AL

AU

THO

RISA

TION .

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K, L

T, FR and SK

307 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

WE PR

OPO

SE TO D

ELETE THIS PA

RA

GR

APH

IN LIN

E WITH

OU

R

GEN

ERA

L REM

AR

KS O

N IM

PLEMEN

TING

MEA

SUR

ES.

AT

(Drafting):

Should be deleted or modified in the overall context

AT

(Com

ments):


mission to adopt im

plementing

measures should be clarified. W

e object if this also covers the 25 years obligation for the m

inimum

duration of licenses

SE

(Drafting):

Deleted

SE

(Com

ments):

This should remain the com

petence of the Mem

ber States, (appropriate regim

e for authorisation of use of radio spectrum

including sharing, protection against harmful interference, etc)

by applying the principles established by this Directive.

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, AT, SE, PL, IT, U

K, L

T, FR and SK

308 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

The choice of authorisation regime, w

hether to make radio

spectrum available by m

eans of a general authorisation (licence exem

pt regime) or by individual rights of use needs to be

subject to

national decisions

based on

specific national

circumstances.

PL

(Drafting):

Delate

3. The Com

mission m




plementing

measures on the m


ith regard to harm




Article 110(4).

PL

(Com

ments):

These decisions should remain the exclusive com

petence of individual

Mem

ber States

and their

competent

national institutions.

UK

(Drafting):

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K, L

T, FR and SK

309 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Recom

mend D

ELETE

UK

(Com

ments):

Can’t accept C

omm

ission implem

enting measures

FR

(Drafting):

FR

(Drafting):

3. The Com

mission m

ay, taking utmost account of the

opinion of

the R

adio Spectrum

Policy

Group,

adopt im

plementing m

easures on the modalities of application of

the criteria, rules and conditions referred to in paragraphs 1 and 2 w

ith regard to harmonised radio spectrum

. It shall adopt these m

easures in accordance with the exam


rticle 110(4).

FR

(Com

ments):

FR

(Com

ments):

Justification: Ce pargraphe n’a aucune valeur ajoutée par

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

310 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

rapport à la décision d’exécution sous article 45 et sous décision spectre (D


) afin de fixer les conditions techniques harm

onisées.

SK

(Com

ments):

We object due to the sam

e concerns as outlined in 45.2. We

understand the

attempt

to m

ove m

ore tow

ards general

authorisation regime; how

ever, 46. para.1 should be sufficient in that sense. In addition, w

e could support as a comprom

ise a com

petence for the Com

mission to adopt recom

mendations

setting out criteria for a decision on which regim

e shall a band be subject to.

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K, L

T, FR and SK

311 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Article 47 H

R

(Drafting):

Replace “general authorisation” w

ith “general licence”.

HR

(Com

ments):

Previously explained.

HR

w

ould also

like to

stipulate general

comm

ent that

provisions regarding spectrum, especially A

rticles 47 and 50, deal only w

ith broadband services and are not applicable to all other radiocom

munication services. Therefore, rew

ording and clarification are necessary in that respect.

Conditions attached to general authorisations and to rights

of use for radio spectrum

AT

(Com

ments):

The overall approach can be supported, but we see this article

critically in the current form. The experience in large com

plex procedures show

s that precisely the uncertainty about the criteria

to be

applied alw

ays provides

ground for

legal instrum

ents. W

hereby w

e support

a open

and transparent

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

312 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

procedure, we doubt that the leveling of the criteria to be

applied could lead to loss of innovation in mobile services and

that, on the other hand, further delays in the allocation of frequencies for new

comm

unications services.

SE

(Drafting):

Conditions

attached to

individual rights

and general

authorisations and to rights of use for radio spectrum

SE

(Com

ments):

To make the headline m

ore close to the wording of the

provision.

FR

(Drafting):

FR

(Drafting):

Conditions attached to general authorisations and to rights

of use for radio spectrum for electronic com

munication

services

FR

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

313 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

FR

(Com

ments):

Justification: Le choix du régime est couvert par l’article 46.

Le texte

de l’article

ne sem

ble couvrir

que le

cas d’autorisations individuelles.

1. Com

petent authorities shall attach conditions to individual rights and general authorisations to use radio spectrum

in accordance w

ith Article 13(1) in such a w

ay as to ensure the m

ost effective and efficient use of radio spectrum by the

beneficiaries of the general authorisation or the holders of individual rights or by any third party to w

hich an individual right or part thereof has been traded or leased. They shall clearly define any such conditions including the level of use required and the possibility to trade and lease in relation to this obligation in order to ensure the im

plementation of those

conditions in line with A

rticle 30. Conditions attached to

renewals of right of use for radio spectrum

may not provide

undue advantages to existing holders of those rights.

ES

(Drafting):

1. Com


in accordance w










may not provide


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, AT, SE, PL, IT, U

K, L

T, FR and SK

314 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

ES

(Com

ments):

IT IS TOO

CO

MPLIC

ATE TO

ASSES TH

IS PAR

AM

ETER

IN A

DV

AN

CE

CZ

(Com

ments):

We propose to unify term

inology in articles 13(1) and 47.

1. Com


in accordance w










may not provide


HU

(Com

ments):

BESID

ES RETH

INK

ING

OF TH

E PRO

VISIO

NS, IT IS N

ECESSA

RY

TO

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

315 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

GET TH

IS AR

TICLE IN

LINE W

ITH A

RTIC

LE 13.

WE PR

OPO

SE THE FO

LLOW

ING

S:

- R

ECO

NSID

ER O

F THE G

ENER

AL R

ULES, LIK

E AR

TICLE 23 A

ND

IN

CLU

DE A

LL STIPULA

TION

IN A

RTIC

LE 23 WH

ERE TH

ERE IS A

N

EED FO

R C

ON

SULTA

TION

WITH

THE STA

KEH

OLD

ERS .

- T

HE LIM

ITS OF Q

UA

NTITY

SHO

ULD

BE SET A

PAR

T FRO

M TH

E R

ULES

REFER

RIN

G

TO

SECO

ND

AR

Y

USE ,

BESID

ES TH

E R

ETHIN

KIN

G O

F THE TITLE O

F THE A

RTIC

LE.

- T

HE FIR

ST PAR

T OF TH

E AR

TICLE SH

OU

LD B

E MO

VED

TO

AR

TICLE 51 O

N SEC

ON

DA

RY

USE.

CO

ND

ITION

S ATTA

CH

ED TO

THE R

ENEW

AL O

F THE R

IGH

TS CA

N B

E H

AN

DLED

WITH

THE R

EVIEW

OF A

RTIC

LE 54.

SE

(Drafting):

1. Com


in accordance w









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K, L

T, FR and SK

316 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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N


may not provide


SE

(Com

ments):

It is important to distinguish betw

een general authorisation in relation

to notification

in order

to provide

electronic com

munications netw

orks or services and individual rights to use radio spectrum

. In addition, it should be distinguished betw

een individual rights to use radio spectrum in relation to so

called “mass licences” (for V

HF, boat radio etc.) i.e. licenses to

use individual radio transmitters w

hich (usually) are valid for a shorter period of tim

e and so called “block licenses” (mobile

liceses etc) i.e. licences to use radio transmitters in a certain

frequency range, which is usually assigned through a selection

procedure (auction/beauty contest). Therefore, the provisions should be stream

lined and they should only refer to rights to use radio spectrum

. The reference to general authorisation should be deleted.

IT

(Drafting):

1. Com


in accordance w





hich an individual right or part thereof has been traded or leased. They shall

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

317 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

clearly define any such conditions including the level of use required and the possibility to trade and lease in relation to this obligation in order to ensure the im





may not provide


IT

(Com

ments):

The enforcement of such provision is difficult and could rise

controversies.

Regarding the last sentence, w

hish are the “undue advantages” related to the revew

al of right of use?

UK

(Drafting):

Recom

mend follow

ing changes:

1. Com


in accordance w

ith Article 13(1) in such a way as to ensure the

most effective and efficient use of radio spectrum

by the beneficiaries of the general authorisation or the holders of individual rights or by any third party to w

hich an individual right or part thereof has been traded or leased. They shall clearly define any such conditions including the level of use

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K, L

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318 PLEA

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NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

required and the possibility to trade and lease in relation to this obligation in order to ensure the im


conditions in line with Article 30. C

onditions attached to renew

als of right of use for radio spectrum m

ay not provide undue advantages to existing holders of those rights.

UK

(Com

ments):

Unnecessary to specifically refer to 2 of m

any conditions that could be defined.

FR

(Drafting):

FR

(Drafting):

1. Com


in accordance

with

Article

13(1) in such a way as w

here necessary to ensure the m

ost effective and efficient use of radio spectrum

by the beneficiaries of the general authorisation or the holders of individual rights or by any third party to w


plementation

of those conditions in line with A

rticle 30. Conditions attached

to renewals of right of use for radio spectrum

may not provide

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R, H

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, AT, SE, PL, IT, U

K, L

T, FR and SK

319 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N


In order

to m

aximise

radio spectrum

efficiency,

when

determining the am

ount and type of radio spectrum to be

assigned, the competent authority shall have regard in particular

to:

HR

(Drafting):

Rew

ording: “In order to maxim

ise radio spectrum efficiency,

when determ

ining frequency band and the amount of radio

spectrum to be assigned, the com

petent authority shall have regard in particular to:”

HR

(Com

ments):

The term “type of radio spectrum

” is not comm

on in radio com

munications.

HU

(Drafting):

In order

to m

aximise

radio spectrum

efficiency,

when

determining the am

ount and type of radio spectrum to be

assigned, the competent authority shall have regard in particular

to:

IT

(Drafting):

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K, L

T, FR and SK

320 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

To be transferred to article 46

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

a. the possibility to combine com

plementary bands in a single

assignment process; and




SE

(Drafting):


plementary bands radio

spectrum in a single assignm

ent process; and

SE

(Com

ments):




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, AT, SE, PL, IT, U

K, L

T, FR and SK

321 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

IT

(Drafting):


UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):




FR

(Com

ments):

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K, L

T, FR and SK

322 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

FR

(Com

ments):

Justification: La notion de bandes « complém

entaires » n’est pas claire. Il peut être intéressant égalem

ent de combiner des

bandes non pas « complém

entaires » mais « substituables ». Le

plus simple est de ne pas qualifier les bandes pouvant être

combinées.

b. the relevance of the size of radio spectrum blocks or of the

possibility to combine such blocks in relation to the possible

uses thereof,

considering in

particular the

needs of

new

emerging com

munications system

s.

b. the relevance of the size of radio spectrum blocks or of the

possibility to combine such blocks in relation to the possible

uses thereof,

considering in

particular the

needs of

new

emerging com

munications system

s.

IT

(Drafting):


UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

323 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

No com

ments

Com

petent authorities

shall tim

ely consult

and inform

interested parties regarding conditions attached to individual usage rights and general authorisations in advance of their im

position. They

shall determ

ine in

advance and

inform

interested parties in a transparent manner of the criteria for the

assessment of the fulfilm

ent of these conditions.

Com

petent authorities

shall tim

ely consult

and inform

interested parties regarding conditions attached to individual usage rights and general authorisations in advance of their im

position. They

shall determ

ine in

advance and

inform

interested parties in a transparent manner of the criteria for the

assessment of the fulfilm

ent of these conditions.

SE

(Drafting):

Com

petent authorities

shall tim

ely consult

and inform

interested parties regarding conditions attached to individual usage rights and general authorisations to use radio spectrum

in advance of their im

position. They shall determine in advance

and inform interested parties in a transparent m

anner of the criteria for the assessm

ent of the fulfilment of these conditions.

SE

(Com

ments):

In order

to clearly

state that

the m

eaning is



of use.

See also

proposal for

an added

definition on


, (not provided in this

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K, L

T, FR and SK

324 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

document).

IT

(Drafting):


UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

2. When attaching conditions to individual rights of use for

radio spectrum, com

petent authorities may authorise the sharing

of passive or active infrastructure, or of radio spectrum, as w

ell as com

mercial roam

ing access agreements, or the joint roll-out

of infrastructures for the provision of services or networks

which rely on the use of radio spectrum

, in particular with a

view to ensuring effective and efficient use of radio spectrum

or prom

oting coverage. Conditions attached to the rights of use

shall not prevent the sharing of radio spectrum. Im

plementation

by undertakings

of conditions

attached pursuant

to this

paragraph shall remain subject to com

petition law.


radio spectrum, com



ell as com

mercial roam






or prom



plementation

by undertakings

of conditions

attached pursuant

to this


petition law.

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

325 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

HU

(Com

ments):

WE D

O N

OT FU

LLY A

GR

EE WITH

THA

T PAR

T OF TH

E PAR

AG

RA

PH

WH

ICH

A

LLOW

TH

AT

THE

CO

MPETEN

T A

UTH

OR

ITIE S M

AY

A

UTH

OR

ISE TH

E SH

AR

ING

O

F PA

SSIVE

OR

A

CTIV

E IN

FRA

STRU

CTU

RE , O

R O

F RA

DIO

SPECTR

UM

. WE A

GR

EE THA

T TH

E POSSIB

LE TOO

LS SHO

ULD

REM

AIN

IN TH

E HA

ND

S OF TH

E M

EMB

ER S

TATES.

HO

WEV

ER

IT SH

OU

LD

NO

T B

E TIED

TO

A

FO

RM

AL A

UTH

OR

ISATIO

N PR

OC

ESS. TH

E MA

IN A

IM SH

OU

LD B

E TO

ESTAB

LISH TH

E REG

ULA

TION

AT M

EMB

ER S

TATES LEV

EL.

AT

(Com

ments):

Basically, the linking to infrastructure sharing is positive, but it

should be examined to w

hat extent general competition law

and the prom

otion of competition are consistent.

UK

(Drafting):

At the m

oment, no recom

mended changes but do not see any

added value by including this.

UK

(Com

ments):

It’s unclear how this is different from

the requirements laid out

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, AT, SE, PL, IT, U

K, L

T, FR and SK

326 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

in Article 59(3). A

t the Council W

orking Group m

eeting, the C

omm

ission explained that this article is to prevent NR

As from

stopping netw

ork sharing agreements betw

een operators. Any

network sharing agreem

ent in the UK

is a comm

ercial agreem

ent between the operators so our N

RA

would not

prevent anyway. It is, therefore, difficult to see the added value

to this article.

FR

(Drafting):

FR

(Drafting):


radio spectrum, com



ell as com

mercial roam






or prom



plementation

by undertakings

of conditions

attached pursuant

to this


petition law.

3. The Com

mission m

ay adopt implem

enting measures in order

to specify

the m

odalities of

applying the

conditions that

Mem

ber States may attach to authorisations to use harm

onised

ES

(Drafting):

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, AT, SE, PL, IT, U

K, L

T, FR and SK

327 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

radio spectrum in accordance w

ith paragraphs 1 and 2, with the

exception of fees pursuant to Article 42.

Delete

ES

(Com

ments):

WE D

ON

,T SEE THE A

DD

ED V

ALU

E OF TH

E IMPL.

AC

TS

CZ

(Drafting):

3. The Com

mission m

ay adopt implem


to specify

the m

odalities of

applying the

conditions that

Mem



in accordance with paragraphs 1 and 2, w

ith the exception of fees pursuant to A

rticle 42.

CZ

(Com

ments):

We do not support the enhanced pow

ers of the Com

mission in this

respect. A recom

mendation m

ight be acceptable.

HR

(Drafting):

Delete

HR

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K, L

T, FR and SK

328 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

(Com

ments):


ents of spectrum aw



3. The Com

mission m

ay adopt implem


to specify

the m

odalities of

applying the

conditions that

Mem





rticle 42.

HU

(Com

ments):

TH

E CO

DE C

ON

TAIN

S SEVER

AL STIPU

LATIO

NS W

HIC

H A

LLOW

S TH

E CO

MM

ISSION

TO A

DO

PT IMPLEM

ENTIN

G M

EASU

RES. T

HESE

PRO

VISIO

NS

EXA

MIN

ED

ON

E-BY-O

NE

DO

N

OT

CA

USE

DIFFIC

ULTIES,

HO

WEV

ER

IF W

E EX

AM

INE

THE

CU

MU

LATIV

E EFFEC

TS, TH

E STIPU

LATIO

NS

CA

N

RESU

LT TH

AT

IF TH

E C

OM

MISSIO

N U

SES ALL ITS R

IGH

TS, THE M

EMB

ER S

TATES W

ILL LO

SE ITS

POW

ER

TO

AC

T A

UTO

NO

MO

USLY

R

EGA

RD

ING

TH

E R

EGU

LATIO

N O

F THE U

SE OF SPEC

TRU

M O

R TH

E IND

IVID

UA

L A

UTH

OR

ISATIO

N .

WE PR

OPO

SE TO C

OLLEC

T ALL IM

PLEMEN

TING

MEA

SUR

ES AN

D

EXA

MIN

E TH

EM

TOG

ETHER

A

T SA

ME

TIME ,

SO

IT C

AN

B

E EX

AM

INED

NO

T ON

E-BY-O

NE, B

UT IN

THE C

ON

TEXT.

WE PR

OPO

SE TO D

ELETE THIS PA

RA

GR

APH.

LV

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329 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

(Drafting):

3. The

Com

mission

may

adopt im

plementing

measures

recomm

endations in

order to

specify the

modalities

of applying the conditions that M

ember States m

ay attach to authorisations to use harm

onised radio spectrum in accordance

with paragraphs 1 and 2, w


rticle 42.

LV

(Com

ments):

The Com

mission should only support M

ember States on this

matter.

AT

(Drafting):

Should be deleted.

AT

(Com

ments):


mission to adopt im

plementing

measures is seen very critical also at this point.

SE

(Drafting):

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330 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

Deleted

SE

(Com

ments):

The m

odalities of

applying conditions

to attatch

to authorisations

to use

harmonised

radio spectrum

is

best descided by the M

ember states. There is no one size fits all in

this area.

PL

(Drafting):

Delate

3. The Com

mission m

ay adopt implem


to specify

the m

odalities of

applying the

conditions that

Mem





rticle 42.

PL

(Com

ments):

The procedure

for determ

ining the

conditions governing

general permits and the rights of use of radio spectrum

should rem

ain exclusive competence of the individual M

ember States

and their competent national institutions.

IT

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K, L

T, FR and SK

331 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

We propose to use the phrase of article 54 - subparagraph 7

“The Com

mission m

ay adopt implem

enting measures setting

criteria in order to ......”

IT

(Com

ments):

we suggest to lim

it the Com

mission pow

ers specifying some

criteria, without specific obligations

UK

(Drafting):

Recom

mend D

ELETE

UK

(Com

ments):

The UK

would oppose any new

reference to the Com

mission

being able to act upon its own initiative and adopt

implem

enting measures

FR

(Drafting):

FR

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, AT, SE, PL, IT, U

K, L

T, FR and SK

332 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

(Drafting):

3. The Com

mission m

ay By […

] BER

EC

shall adopt, after consulting stakeholders and in close cooperation w

ith the C

omm

ission and RSPG

, implem

enting measures guidelines

in order to contribute to the consistent application of specify the m

odalities of applying the conditions that Mem

ber States m

ay attach to authorisations to use harmonised radio

spectrum in accordance w

ith paragraphs 1 and 2, with the

exception of fees pursuant to Article 42.

FR

(Com

ments):

FR

(Com

ments):

Justification : Si une plus grande coordination entre Etats m

embres est souhaitable en ce qui concerne les m

odalités de fixation et de m

ise en œuvre de certaines obligations attachées aux droits d’utilisation (notam

ment en ce qui concerne les

modalités de m

esure de la couverture mobile), le pouvoir dont

la C

omm

ission propose

de se

voir doter

ici apparaît

extrêmem

ent large et risque d’introduire de la centralisation et de la rigidité dans le processus, ce qui irait à l’encontre des objectifs poursuivis.

A l’inverse, une démarche fondée sur le partage de bonnes

pratiques et l’élaboration d’actes de droit souple pourrait contribuer à une application cohérente et efficace de ces

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K, L

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333 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

dispositions sans entraîner les rigidités liées à un acte

d’exécution.

Il est

donc proposé

de confier

à l’O

RECE,

en étroite

coopération avec

la C

omm

ission et

le RSPG

,

la tâche

d’élaborer des lignes directrices sur ces questions.

With regard to the coverage requirem

ent under Part D of A

nnex I, any im

plementing m

easure shall be limited to specifying

criteria to be used by the competent authority to define and

measure coverage obligations, taking into account sim

ilarities of regional geographical characteristics, population density, econom

ic development or netw

ork development for specific

types of electronic comm

unications and evolution of demand.

Implem

enting measures shall not extend to the definition of

specific coverage obligations.

ES

(Drafting):

Delete

CZ

(Drafting):



nnex I, any im

plementing m









Implem



HR

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334 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

(Drafting):

Delete

HR

(Com

ments):


ents of spectrum aw





nnex I, any im

plementing m









Implem



AT

(Drafting):

Should be deleted.

AT

(Com

ments):


mission to adopt im

plementing


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K, L

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335 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Drafting):

Deleted

SE

(Com

ments):

The m

odalities of

applying conditions

to attatch

to authorisations

to use

harmonised

radio spectrum

is



this area.

UK

(Drafting):

Recom

mend D

ELETE

UK

(Com

ments):

The UK



mission


implem

enting measures

FR

(Drafting):

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, AT, SE, PL, IT, U

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336 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

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N

FR

(Drafting):


ent under Part D of

Annex I, any im

plementing m

easure shall be limited to

specifying criteria to be used by the competent authority to

define and

measure

coverage obligations,

taking into

account similarities of regional geographical characteristics,

population density,

economic

development

or netw

ork developm

ent for specific types of electronic comm

unications and evolution of dem

and. Implem

enting measures shall not

extend to the definition of specific coverage obligations.

Those implem

enting measures shall be adopted in accordance

with the exam

ination procedure referred to in Article 110(4),

taking utmost account of any opinion of the R

adio Spectrum

Policy Group.

ES

(Drafting):

Delete

CZ

(Drafting):

Those implem


with the exam



adio Spectrum

Policy Group.

HR

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NO

T AD

D O

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TE AN

Y R

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S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

Delete

HR

(Com

ments):


ents of spectrum aw



Those implem


with the exam



adio Spectrum

Policy Group.

AT

(Drafting):

Should be deleted.

AT

(Com

ments):


mission to adopt im

plementing


SE

(Drafting):

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K, L

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338 PLEA

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NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

Deleted

SE

(Com

ments):

The m

odalities of

applying conditions

to attatch

to authorisations

to use

harmonised

radio spectrum

is



this area.

UK

(Drafting):

Recom

mend D

ELETE

UK

(Com

ments):

The UK



mission


implem

enting measures

FR

(Drafting):

FR

(Drafting):

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K, L

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339 PLEA

SE DO

NO

T AD

D O

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ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Those

implem

enting m

easures shall

be adopted

in accordance w


Article 110(4), taking utm

ost account of any opinion of the R


roup.

SE

CT

ION

2 RIG

HTS O

F USE

Section 2 rights to of use

Article 48

Granting of individual rights of use for radio

spectrum

SE

(Drafting):

Granting of individual rights to of use for radio spectrum

SE

(Com

ments):

A m



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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

340 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

spectrum.

This will avoid w

ordings that repeat the same w

ords. Better

flow and lesser w

ords in the legal text. E.g.

• for individual rights of use for radio spectrum

(in paragraph 4)

Decisions on the granting of rights of use (in paragraph 6)

1. Where it is necessary to grant individual rights of use for

radio spectrum

, M

ember States shall grant such rights,

upon request, to any undertaking for the provision of networks

or services under the general authorisation referred to in Article

12, subject to the provisions of Articles 13, 54 and 21(1)(c) and

any other rules ensuring the efficient use of those resources in accordance w

ith this

Directive .

CZ

(Drafting):

AT

(Com

ments):

Ok.

SE

(Drafting):

1. Where it is necessary to grant individual rights to of use for

radio spectrum

, M

ember States shall grant such rights,

upon request, to any undertaking for the provision of networks

or services under the general authorisation referred to in Article

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K, L

T, FR and SK

341 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

12, subject to the provisions of Articles 13, 54 and 21(1)(c) and

any other rules ensuring the efficient use of those resources in accordance w

ith this

Directive .

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

2. Without prejudice to specific criteria and procedures adopted

by Mem

ber States to grant rights of use for

radio spectrum

to providers of radio or television broadcast

content services with a view

to pursuing general interest objectives in conform

ity with

Union

law, the rights of

use for radio spectrum

shall be granted through open,

objective, transparent, non-discriminatory and proportionate

procedures, and, in the case of radio frequencies, in accordance

AT

(Com

ments):

Ok.

SE

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

342 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

with the provisions of A

rticle 45 . (D

rafting):

2. Without prejudice to specific criteria and procedures adopted

by Mem

ber States to grant rights to of use for

radio spectrum

to providers of radio or television broadcast

content services with a view

to pursuing general interest objectives in conform

ity with

Union

law, the rights to

of use for radio spectrum

shall be granted through open,

objective, transparent, non-discriminatory and proportionate

procedures, and, in the case of radio frequencies, in accordance w

ith the provisions of Article 45 .

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

EECC


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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

343 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

3. An exception to the requirem

ent of open procedures may

apply in cases where the granting of individual rights of use

for radio

spectrum

to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by M

ember States in

conformity w

ith U

nion law

.

AT

(Com

ments):

Ok.

SE

(Drafting):

3. An exception to the requirem

ent of open procedures may

apply in cases where the granting of individual rights to of use

for radio

spectrum

to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by M

ember States in

conformity w

ith U

nion law

.

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

344 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No com

ments

4. C

ompetent

authorities shall

consider applications

for individual rights of use for radio spectrum

in the context of selection

procedures pursuant

to objective,

transparent, proportionate and non-discrim

inatory eligibility criteria that are set out in advance and reflect the conditions to be attached to such

rights. They

shall be

able to

request all

necessary inform

ation from applicants to assess, on the basis of said

criteria, applicants'

ability to

comply

with

the conditions.

Where on the basis of the assessm

ent, the authority concludes that an applicant does not possess the required ability, it shall provide a duly reasoned decision to that effect.

CZ

(Com

ments):

The EU requirem

ents are more justified for the bands w

here the num

ber of rights has been limited. W

e propose to link it to A

rticle 54 or transfer some elem

ents to Article 54 para 6 w

hich already reffers to such criteria.

AT

(Com

ments):

Ok.

SE

(Drafting):

4. C

ompetent

authorities shall

consider applications

for individual rights to of use for radio spectrum

in the context of selection

procedures pursuant

to objective,

transparent, proportionate and non-discrim

inatory eligibility criteria that are set out in advance and reflect the conditions to be attached to such

rights. They

shall be

able to

request all

necessary inform

ation from applicants to assess, on the basis of said

criteria, applicants'

ability to

comply

with

the conditions.

Where on the basis of the assessm

ent, the authority concludes that an applicant does not possess the required ability, it shall

EECC


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K, L

T, FR and SK

345 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

provide a duly reasoned decision to that effect.

SE

(Com

ments):

A m





PL

(Drafting):

Delate

They shall be able to request all necessary information from

applicants to assess, on the basis of said criteria, applicants' ability to com

ply with the conditions. W

here on the basis of the assessm

ent, the authority concludes that an applicant does not possess the required ability, it shall provide a duly reasoned decision to that effect.

PL

(Com

ments):

Unclear w

ording regarding the ability of NR

As to assess

applicants ability to meet certain criteria, w

hich may suggest

the possibility of not allowing certain entities to be selected for

a particular selection procedure.

UK

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

346 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

5. When granting rights of use, M

ember States shall specify

whether those rights can be transferred

or leased by the

holder of the rights, and under which conditions. In the case of

radio spectrum

, such provision shall be in accordance

with A

rticles 45 and 51 of this Directive .

AT

(Com

ments):

Ok.

SE

(Drafting):

5. When granting rights to of use radio spectrum

, Mem

ber States shall specify w

hether those rights can be transferred or

leased

by the

holder of

the rights,

and under

which

conditions. In the case of radio spectrum

, such provision

shall be in accordance with A

rticles 45 and 51 of this Directive

. SE

(Com

ments):

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

347 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

The article is about granting of rights to radio spectrum. The

current wording of the paragraph suggests otherw

ise.

UK

(Drafting):

Recom

mend re-insertion of the follow

ing deleted text:

“Where M

ember States grant rights of use for a lim

ited period of tim

e, the duration shall be appropriate for the service concerned in view of the objective pursued taking due account of the need to allow

for an appropriate period for investment

amortisation.”

UK

(Com

ments):

No com

ments

6. Decisions on the granting of rights of use shall be taken,

comm

unicated and made public as soon as possible after receipt

of the complete application by the national regulatory authority,

within

six w

eeks in

the case

of radio

spectrum

declared

available for

electronic com

munications

services in their

national frequency allocation plan. This

tim

e lim

it shall

be w

ithout prejudice

to any

applicable international agreements relating to the use of radio

spectrum

or of orbital positions.

HR

(Drafting):

Reserved.

HR

(Com

ments):

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

348 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

It is not quite clear what is the deadline to publicize decision on

the granting the right of use of spectrum: w

ithin six weeks after

receipt of the complete application by the national regulatory

authority or within six w

eeks in the case of radio spectrum

declared available in national frequency allocation plan.

AT

(Com

ments):

Ok.

SE

(Drafting):

6. Decisions on the granting of rights to of use radio spectrum

shall be taken, com

municated and m

ade public as soon as possible

after receipt

of the

complete

application by

the national regulatory authority, w

ithin six weeks in the case of

radio spectrum

declared available for electronic

comm

unications services in their

national frequency allocation

plan.

This

time

limit

shall be

without

prejudice to any applicable international agreements relating to

the use of radio spectrum

or of orbital positions.

SE

(Com

ments):

A m





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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

349 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

Article 49

Duration of rights

U

K

(Com

ments):

If our recomm

ended drafting change to article 48(5) is accepted then it negates the need for this article.

Where M

ember States

authorise the use of radio spectrum

through individual rights of use for a lim

ited period of time,

they shall ensure that the authorisation is granted for a period that is

appropriate in view of the objective pursued taking

due account of the need to ensure effective and efficient use

and prom

ote efficient

investments,

including

by

HU

(Drafting):

Where M

ember States


through individual rights of use for a lim

ited period of time,

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

350 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

allowing

for

an appropriate

period for

investment

amortisation.


appropriate in view of the objective pursued taking

due account of the need to ensure effective and efficient use

and promote efficient investm

ents, including investm

ent am

ortisation by allow

ing for an appropriate period for

investment am

ortisation.

HU

(Com

ments):

WE

AG

REE

WITH

TH

E ID

EA

THA

T TH

E PR

OTEC

TION

O

F IN

VESTM

ENTS

IS IM

POR

TAN

T, B

UT

WE

DO

N

OT

FIND

TH

E PR

OPO

SED M

EASU

RES – SU

CH

AS TH

E 25 YEA

RS A

UTH

OR

IZATIO

N

– INLIN

E WITH

IT. BESID

ES THE D

IFFEREN

T NEED

S AN

D C

OSTS,

DIFFER

ENT R

ETUR

NS C

AN

BE O

PTIMIZED

IN D

IFFEREN

T MA

RK

ETS.

WE A

SK FO

R K

EEPING

THE D

EFINITIO

N FR

OM

AR

TICLE 3 P

AR

A 3

OF D

IREC

TIVE 2009/140/EC

, CO

NSID

ERIN

G SO

ME C

LAR

IFICA

TION

IF IT IS N

EEDED .

AT

(Com

ments):

Ok.

SE

(Drafting):

Where M

ember States


through individual rights to of use for a lim

ited period of

EECC


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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

351 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

time,


appropriate in view of the objective pursued

taking due account of the need to ensure effective and

efficient use and promote efficient investm

ents, including

by allowing

for an appropriate period for investment

amortisation.

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

2. Where M

ember States grant rights of use for harm


for a limited period of tim

e, those rights of use for harm

onised radio spectrum shall be valid for a duration of at

least 25 years, except in the case of temporary rights, tem

porary extension of rights pursuant to paragraph 3 and rights for

CZ

(Drafting):

2. Where M




e, those rights of use

EECC


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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

352 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

secondary use in harmonised bands.

for harmonised radio spectrum

shall be in accordance with the

relevant harmonizing decision.

valid for a duration of at least 25 years, except in the case of tem

porary rights, temporary extension of rights pursuant to

paragraph 3 and rights for secondary use in harmonised bands.

CZ

(Com

ments):

The Czech R

epublic does not support setting a duration time in

a directive for all bands. Preferably such timefram

e should be set for each harm

onized band separately in the harmonizing

decision.

Should such timefram

e be nevertheless set in this directive, we

urge to link it to Article 54 and to set a reasonably short

timefram

e.

HR

(Drafting):

Delete.

HR

(Com

ments):

HR

does not support this paragraph. Firstly it seems that it only

deals with spectrum

that is harmonised for broadband usage.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

353 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

How

ever it should be noted that EECC

, according to its definitions, encom

passes all harmonised spectrum

, not only that for broadband. Therefore this fact should be considered w

hen prescribing provisions of EEC

C. In that respect it seem

s inappropriate to set a m

inimal duration of 25 years for licences

for services such as radio microphones, m

aritime services…

. Secondly,

the proposed

time-lim

it is

also too

long for

broadband usage because it disables competition. A

lso in terms

of fast technological development this period seem

s too long. D

uration of rights should remain the decision of M

ember States

because it is subject to national circumstances.

2. Where M







porary extension of rights pursuant to paragraph 3 and rights for secondary use in harm

onised bands.

HU

(Com

ments):

WE PR

OPO

SE TO D

ELETE THIS PA

RA

GR

APH, A

S CO

NSID

ERIN

G TH

E M

AR

KET N

EEDS W

E CA

NN

OT A

CC

EPT A H

AR

MO

NISED

PERIO

D O

F TIM

E , WH

ICH

DO

ES NO

T CO

NSID

ER TH

E NA

TION

AL SPEC

IFICITIES.

TH

E LON

G A

UTH

OR

ISATIO

N PR

OC

ESS FREEZES TH

E MA

RK

ETS AN

D

THE

APPEA

RA

NC

E O

F TH

E N

EW

MA

RK

ET EN

TRA

NT

AN

D

THE

RESH

UFFLE

OF

THE

BA

ND

D

UE

TO

NEW

TEC

HN

OLO

GIES

CA

N

HA

RD

LY B

E IMA

GIN

ED.

LV

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

354 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

2. Where M






least 25 years should be set by NR

A and valid at least for 15

years, except in the case of tem

porary rights, temporary

extension of rights pursuant to paragraph 3 and rights for secondary use in harm

onised bands.

LV

(Com

ments):

Having regard to rapid electronic com

munications system

s developm

ent and technological progress, Latvia offers to set the use of harm

onised spectrum for 15 years, because long duration

of rights of use may cause im

plementation delays and ham

per any future innovations. G

ranting or extending rights of use could have conditions for rights holder, w

hen applying for a specific spectrum

band again, which prioritizes them

in case of dem

onstrable good conduct under previous licence terms – w

e are flexible on such am

endments, if they w

ould materialize.

AT

(Drafting):

Should be deleted.

AT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

355 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

There should be no minim

um duration!

In principle, our preference is that the design of the award

procedures as well as the decision on conditions attached and

modalities such as the license duration should rem

ain the exclusive com

petence of the EU M

ember States. H

owever, a

comm

on timetable for the aw

ard of harmonized key bands can

be important in order to stim

ulate demand, to help industry to

exploit economies of scale and to prom

ote the policy objective of harm

onization. The new fram

ework should ensure the right

balance between harm

onization and national flexibility.

We propose to set no m

inimum

duration and to give Mem

ber States sufficient flexibility to adjust the tenure to national circum

stances.

SE

(Drafting):

2. Where M

ember States grant rights to of use for harm



e, those rights to of use for harm

onised radio spectrum shall be valid for a duration

of at least 25 years, except in the case of temporary rights,

temporary

adjustments

extension of

rights pursuant

to paragraph 3 and rights for secondary use in harm


bands.

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

356 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):

There is a need for long durations of rights of use which have

been subject to a selection process and it there is a merit in a

certain specified minim

um duration as a general rule for

harmonised radio spectrum

(for electronic comm

unications services). H

owever the general rule needs to be flexible. It m

ay not be reasonable to have one and the sam

e minim

um duration

of rights of use for wireless m

icrophones and mobile broadband

networks.

It seems that the proposal of 25 years is intended for so called

block licenses and not for “mass” licences.

A m





PL

(Drafting):

2. Where M







porary extension of rights pursuant to paragraph 3 and rights for secondary use in harm

onised bands. or other justified reasons.

PL

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

357 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Poland negatively refers to the designation of a minim

um

duration of the licence for 25 years. It seems that such a long

period is not justified especially in a situation of dynamically

changing market, w

here more regular adjustm

ents should be required.

It should

be noted

that the

specific nature

of individual

radiocomm

unication services

(mobile,

radio broadcasting, or satellite) supports the w

ide variation in length of individual spectrum

rights. In addition, there is a reasonable fear that the consequence of such a long license period w

ill effect on the stagnation in the m

arket where new

dynamically

developing entities will have to w

ait for a new distribution of

frequencies. .

IT

(Drafting):

delete paragraph

IT

(Com

ments):

25 years

time

period could

be excessive,

in

particular considering that M

ember States have a duty to com

pensate adequately the rights of use issued if the availability of the band becom

es necessary. It must be confirm

ed the today flexible system

eventually sustained through guide lines.

UK

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

358 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

(Drafting):

DELETE

UK

(Com

ments):

This can only be for wireless broadband rather than all EC

S services. G

ranting PMSE 25 year licences w

ould be untenable so the C

omm

ission needs to be more explicit about that. A

t the C

ouncil Working G

roup, the Com

mission show

ed that the average w

ireless broadband licence is 15-20 years so there is no evidence w

hy 25 years would be m

ore suitable. Granting a 25

year minim

um duration licence for w

ireless broadband may be

counter-productive for innovation as we don’t know

what

technology requirements for spectrum

will be in 5 years let

alone 25 years.

LT

(Drafting):

Where M


onized radio spectrum



onized radio spectrum shall be valid for a duration of at

least 25 15 years, except in the case of temporary rights,

temporary extension of rights pursuant to paragraph 3 and

rights for secondary use in harmonized bands

LT

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

359 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Having in m

ind that technology changes very fast we do not

think that this provision would stand the tim

e pressure.

FR

(Drafting):

FR

(Drafting):

2. Where M





onised radio spectrum shall be valid for a

duration of at least 25 years, except in the case of temporary

rights, temporary extension of rights pursuant to paragraph

3 and rights for secondary use in harmonised bands.

FR (C

omm

ents): FR (C

omm

ents): Justification : si la m

ise en place d’une durée longue pour l’utilisation des fréquences peut dans certains cas concourir à favoriser

la prévisibilité

des investissem

ents pour

les opérateurs, l’instauration d’une durée m

inimale – a fortiori

aussi longue - n’est pas compatible avec les exigences d’une

utilisation efficace

de la

ressource spectrale.

Celles-ci

comm

andent notam

ment

de pouvoir

adapter les

durées

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

360 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

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AN

D C

OL

UM

N

d’autorisation au

regard des

caractéristiques de

chaque attribution en fonction de m

ultiples facteurs (tels que la durée nécessaire à l’am

ortissement de l’investissem

ent réalisé, le niveau de concurrence attendu, la durée prévisible des services envisagés ainsi qu’une bonne planification des calendriers d’autorisations). Ainsi, il est proposé de supprim

er cette exigence d’une durée m

inimale de 25 ans pour les droits d’utilisation du spectre

harmonisé.

SK

(Com

ments):

We strongly object to the proposal for 25 years m

inimum

licence duration, or to any other setting of a m

inimum

licence duration on the EU

level.

SE

(Drafting):

If needed in order to achieve an efficient use of spectrum or to

promote effective com

petition the duration of the right to use harm

onised radio spectrum can be set to a shorter or longer tim

e than 25 years.

SE

(Com

ments):

The legal framew

ork must be sufficiently flexible in order to

enable an efficient planning of radio spectrum or to prom

ote

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

361 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

OL

UM

N

effective competition..

This means that the M

ember States m

ust be able to adjust the durations of rights for a shorter period of tim

e. A specific

amount of years as a general rule can be set provided that there

is also a possibility to deviate from this duration of rights of use

if needed for the purpose of spectrum efficiency or to prom

ote effective com

petition.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

362 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

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AN

D C

OL

UM

N

3. Mem

ber States may extend the duration of rights of use for a

short period of time to ensure the sim

ultaneous expiry of rights in one or several bands.

AT

(Com

ments):

Ok.

SE

(Drafting):

3. Mem

ber States may adjust extend the duration of rights to of

use harmonised radio spectrum

for a short period of time to

ensure the simultaneous expiry of rights in one or several

bands.

SE

(Com

ments):

Se justification above (paragraph 2) and as stated previously, the term

band is not defined. The term radio spectrum

should be used throughout the directive.

A m





UK

(Drafting):

No recom

mended changes

UK

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U, LV

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K, L

T, FR and SK

363 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

No com

ments

Article 50

Renew

al of rights SE

(Drafting):

Extension Renew

al of rights

1. Com

petent authorities shall take a decision on the renewal of

individual rights of use for harmonised radio spectrum

, at least 3 years before the expiry of those rights. They shall consider such renew

al, whether at their ow

n initiative or upon request by the right holder, in the latter case not earlier than 5 years prior to

expiry of

the rights

concerned. This

shall be

without

prejudice to renewal clauses applicable to existing rights.

ES

(Drafting):

1. Com



, at least 3 yearsw

ithin a resonable delay before the expiry of those rights. They shall consider such renew


n initiative or upon request by the right holder, in the latter case not earlier than 5 years prior to expiry of the rights concerned. This shall be w

ithout prejudice to renewal clauses applicable to

existing rights.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

364 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

ES

(Com

ments):

WE PR

EFER M

OR

E FLEXIB

ILITY H

ERE

CZ

(Drafting):

1. When considering possible renew

al of individual rights of use for radio spectrum

for which the num

ber of rights of use

was

limited

according to

Article

54, cC

ompetent

authorities shall take a decision on whether the renew

al of such individual rights w

ill be granted. of use for harmonised

radio spectrum, at least 3 years before the expiry of those

rights. They shall consider such renewal, w

hether at their own

initiative or upon request by the right holder, in the latter case not earlier than 5 years prior to expiry of the rights concerned. This shall be w


existing rights.

CZ

(Com

ments):

This seems relevant only for cases w

here the number of rights

was lim

ited - link to the Art 54. It does not seem

proportional to set a procedure at EU

level for all individual rights (in CZ it

amounts to 15000 decisions).

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

365 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

It must be clarified w

hat means “decision on renew

al”. It should also be clarified w

hether this should be the final decision or a decision on "Possibility of renew

al".

It seems reasonable to have 3- 5 year before the expiry an

analyses of criteria in para 2, public consultation of the results and a conclusion w

heter the right will or w

ill not be renewed.

The decision on renewal or the tender should occure later,

closer to the expiry.

HR

(Drafting):

Rew

riting:

“Com



, at least 1 year before the expiry of those rights. They shall consider such renew


n initiative or upon request by the right holder. This shall be w

ithout prejudice to renewal

clauses applicable to existing rights.”

HR

(Com

ments):

Proposed provision

suggests reservation

of spectrum

. Therefore, w

e propose to minim

ise timefram

e in which renew

al could be requested to one year before expiry. A

lso, proposed tim

eframe is too long in term

s of possible new entry.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

366 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

HU

(Drafting):

1. Com

petent authorities shall may take a decision on the

renewal

of individual

rights of

use for

harmonised

radio spectrum

for broadband proposes, at least 3 years before the expiry of those rights to leave enough tim

e for negotiations. They shall m

ay consider such renewal, w

hether at their own



existing rights.

HU

(Com

ments):

TH

E SCO

PE OF TH

E AR

T. IS NO

T CLEA

R. TH

E LON

G TIM

E PERIO

D

HA

S MEA

NIN

G O

NLY

IN LIN

E WITH

25 YEA

RS LO

NG

LICEN

CES.

TH

ERE IS N

O N

EED FO

R TH

AT A

S A G

ENER

AL R

ULE FO

R EX

AM

PLE PM

SE U

SERS D

O N

OT N

EED LO

NG

DU

RA

TION. W

E CA

N LIV

E WITH

TH

E IDEA

OF R

ENEW

AL, A

S A PO

SSIBILITY

FOR

THE M

EMB

ER

STA

TES TO TA

KE A

CTIO

N B

ASED

ON

THE FLEX

IBLE R

EGU

LATIN

G

ENV

IRO

NM

ENT , B

UT W

E DO

NO

T SUPPO

RT A

UTO

MA

TIC R

ENEW

AL.

AT

(Drafting):

Change from

“shall” to “may” + W

e suggest that a clause enabling M

ember States and/or N

RA

s to be more explicit at the

point of issuing a licence about the process for expiry/renewal

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

367 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

would be a better solution not only for M

ember States and/or

NR

As, but w

ould give certainty to spectrum right holders,

potential new m

arket entrants and other stakeholders.

AT

(Com

ments):

We are of the opinion that the fram

ework should be flexible

enough so that mem

ber states could take the specific national circum

stances into account when they decide about renew

als of rights of use. Especially, there should be no obligation to pursuit the com

plex renewal process based on consultations

years ahead of expiration as it is foreseen in Art 50 that extends

the usage

rights m

ore or

less “autom

atically”. The

new

framew

ork should allow m

ember states s to run a clear and

rigid tenure system (fixe licence duration follow

ed by an award

procedure w

ithout the

option a

renewal).

Basically

the possibility of a possible renew

al should be laid down in the

license; as well as the possible exclusion of a renew

al.

SE

(Drafting):

1. Com

petent authorities shall take a decision on the renewal

extension of individual rights to of use for harmonised radio

spectrum

that has

been aw

arded through

a selection

procedure, at least 3 years before the expiry of those rights. They shall consider such renew

al extension, whether at their

own initiative or upon request by the right holder, in the latter

case not earlier than 5 years prior to expiry of the rights concerned. This shall be w

ithout prejudice to renewalextension

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

368 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

D C

OL

UM

N

clauses applicable to existing rights.

SE

(Com

ments):

Individual rights to use harmonised radio spectrum

that has been aw

arded through a selection procedure should be subject to com

petition before their duration is extended (prolonged), and therefore, not be renew

ed as “a general rule”.

If other appli cations in harmonised spectrum

for instance for w

ireless microphones (Program

me M

aking Special Events, PM

SE) and short range devices (SRD

) is included it will lead to

the effect that the application of this article (as proposed) becom

es very complicated and burdensom

e for the national authorities.

Certain individual rights of use can be as short as 5 years. In

such cases, it is administratively burdensom

e (if at all possible) to decide on a renew

al 3 years in advance. Is seems m

ore reasonable to decide on an extension w

ell in advance of the expiry of the rights.

We believe that the w

ord extension better suits the purpose than the w

ord renewal. R

enewal m

ight suggest that the duration of rights m

ust be 25 years according to article 49.

A m





PL

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

369 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

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AN

D C

OL

UM

N

(Drafting):

1. Com

petent authorities shall initiate the procedure take a decision

on the

renewal

of individual

rights of

use for

harmonised radio spectrum

, at least 3 years before the expiry of those rights. They shall consider such renew

al, whether at their

own initiative or upon request by the right holder, in the latter

case not earlier than 5 years prior to expiry of the rights concerned. This shall be w

ithout prejudice to renewal clauses

applicable to existing rights.

PL

(Com

ments):

We

welcom

e proposed

renewal

mechanism

in

the C

ode, including deadlines for the start and end of renew

al of spectrum

use rights. How

ever, we w

ould like to point out that, in the absence of a selection procedure, such a period (5 years/3 years) m

ay be too far from the expiry date. In such situation,

the regulator needs less time to m

ake a decision, and when

deciding closer

to the

expiry date,

it gains

a better

understanding of the market. Setting such a deadline m

ay also adversely affect the regulator's ability to control the fulfillm

ent of obligations by the operator during the period in w

hich the old license is still valid but the operator know

s that he had not been granted the license for another period. In case of a selection procedure, the proposed term

s seem m

ore justified. W

e propose change that specifies the date of initiation of renew

al (eg. 3 years) and not the time lim

it for issuing a decision.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

370 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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UM

N

IT

(Drafting):

1. Com



, at least 3 2 years before the expiry of those rights. They shall consider such renew


n initiative or upon request by the right holder, in the latter case not earlier than 5 years prior to

expiry of

the rights

concerned. This

shall be

without

prejudice to renewal clauses applicable to existing rights.

IT

(Com

ments):

Mem

ber States must have the m

aximum

flexibility on the renew

al decisions. In particulare the 3-5 years time w

indow is

not always appropriate for all the bands.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

We support a process that m

akes it clear and transparent what

happens (whether that is renew

al or reassignment) on expiry,

but without any presum

ption in favour of renewal and w

ithout a

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

371 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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AN

D C

OL

UM

N

over presceptive mechanism

being mandated.

LT

(Drafting):

Com


individual rights of use for harmonized radio spectrum

, at least 3 years m

onths before the expiry of those rights. They shall consider such renew


n initiative or upon request by the right holder, in the latter case not earlier than 5 1 years prior to expiry of the rights concerned. This shall be w

ithout prejudice to renewal clauses applicable to existing

rights

LT

(Com

ments):

Such provisions would distort com

petition, implying ineffective

use of spectrum, spectrum

hoarding. We believe that it is very

difficult to predict necessity to renew the rights to the R

S use 3-5 years in advance.

FR

(Drafting):

FR

(Drafting):

1. Com


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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

372 PLEA

SE DO

NO

T AD

D O

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ELE

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Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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N


, at least 3 years in a tim

ely manner before the expiry of those rights.

They shall

consider such

renewal,

whether

at their

own



existing rights.

FR

(Com

ments):

FR

(Com

ments):

Justification : la durée de 3 ans n’est pas appropriée pour toutes les autorisations. Les États m

embres doivent pouvoir

l’adapter en fonction des autorisations concernées.

SK

(Com

ments):

We object to the article on renew

al of rights, which w

e see as a w

ay of circumventing the existing licencing regim

e. We prefer

deletion of the whole article.

2. In taking a decision pursuant to paragraph 1, competent

authorities shall have regard to the following considerations:

AT

(Com

ments):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

373 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

If Par 1 was changed into a “m

ay regulation”, the wording in

Par 2 would be ok A

ND

we suggest that a clause enabling

Mem

ber States and/or NR

As to be m

ore explicit at the point of issuing a licence about the process for expiry/renew

al would be

a better solution not only for Mem


As, but

would give certainty to spectrum

right holders, potential new

market entrants and other stakeholders.

IT

(Drafting):

delete paragraph

IT

(Com

ments):

This deletion is to increase flexibility and reduce possible recourses.

UK

(Drafting):

Move to R

ecitals, replacing “shall” with “should”

UK

(Com

ments):

Too prescriptive so should be moved to R

ecitals

EECC


UM

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

374 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(a) fulfilment of the objectives of A

rticles 3, 45(2) and 48(2), as w

ell as public policy objectives under national or Union law

; A

T

(Com

ments):



Par 2 would be ok A

ND


Mem


As to be m


al would be



As, but




UK

(Drafting):

Move to R

ecitals

(b) implem

entation of a measure adopted pursuant to A

rticle 4 of D


; A

T

(Com

ments):



Par 2 would be ok A

ND


Mem


As to be m


al would be



As, but



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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

375 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N


UK

(Drafting):

Move to R

ecitals

(c) review of the appropriate im

plementation of the conditions

attached to the right concerned; A

T

(Com

ments):



Par 2 would be ok A

ND


Mem


As to be m


al would be



As, but




UK

(Drafting):

Move to R

ecitals

(d) the need to promote, or avoid any distortion of, com

petition in line w

ith Article 52;

AT

(Com

ments):

EECC


UM

- 6701/17 complem


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pril 2017

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

376 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N



Par 2 would be ok A

ND


Mem


As to be m


al would be



As, but




UK

(Drafting):

Move to R

ecitals

(e) rendering the use of radio spectrum m

ore efficient in light of technological or m

arket evolution; A

T

(Com

ments):



Par 2 would be ok A

ND


Mem


As to be m


al would be



As, but




UK

(Drafting):

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

377 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Move to R

ecitals

(f) the need to avoid severe service disruption. A

T

(Com

ments):



Par 2 would be ok A

ND


Mem


As to be m


al would be



As, but






for which the num

ber of rights of use is lim

ited, com

petent authorities

shall conduct

an open,

transparent and non-discriminatory procedure to exam

ine the criteria in paragraph 2, and shall, in particular,

CZ

(Com

ments):

When the link to article 54 is m

ade in the 1st paragraph, it is not

necessary to keep it here.

SE

(Drafting):


al extension of individual rights to of use for radio spectrum

for which the num

ber of rights to of use is lim

ited, competent authorities shall conduct

an open,

transparent and

non-discriminatory

procedure to

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

378 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

examine the criteria in paragraph 2, and shall, in particular,

SE

(Com

ments):



ord renewal

A m





IT

(Drafting):



for which the num


ited, com

petent authorities

shall conduct

an open,



UK

(Drafting):

Recom

mend the follow

ing changes:



for which the num


ited, competent authorities shall conduct an open,



EECC


UM

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

379 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Com

ments):

Recom

mended m

oving Para 2 to recitals so shouldn’t reference para 2 here.

(a) give all interested parties, including users and consumers,

the opportunity

to express

their view

s through

a public

consultation in accordance with article 23; and

CZ

(Drafting):

kritéria podporujeme

AT

(Com

ments):

A consultation several years ahead of the renew

al date provides no

reliable inform

ation about

the real

demand

and the

willingness of potential new

entrants to enter the market. There

are information asym

metries betw

een incumbents and potential

new

entrants. W

hich potential

investor w

ould seriously

participate in a consultation about renewal five years before

expiration? Either they miss the date or they participate sim

ply to have the foot in the door. In either case the consultation provides no reliable inform

ation about the real demand and the


entrants to enter the market.

UK

(Drafting):

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

380 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No recom

mended changes

UK

(Com

ments):

No com

ments

(b) clearly state the reasons for such possible renewal.

AT

(Com

ments):


al date provides no

reliable inform

ation about

the real

demand

and the




metries betw


new

entrants. W

hich potential

investor w

ould seriously







UK

(Drafting):

No recom

mended changes

UK

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

381 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

No com

ments

If as

a result

of the

consultation pursuant

to the

first subparagraph,

there is

evidence of

market

demand

from

undertakings other than those holding rights of use for spectrum

in the band concerned, the competent authority shall grant the

rights pursuant to Article 54.

CZ

(Com

ments):

Question: H

ow the existence w

ill be proved? Is a demand of

one player indicated in public consultation enough to state the existence of m

arket demand?

AT

(Com

ments):


al date provides no

reliable inform

ation about

the real

demand

and the




metries betw


new

entrants. W

hich potential

investor w

ould seriously







IT

(Drafting):

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

382 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

To be deleted

IT

(Com

ments):

The consultation

is not

the proper

instrument

and could

generate speculative behaviours.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

4. A decision to grant a renew

al of rights shall be accompanied

by a review of the fees attached thereto. W

here appropriate, com

petent authorities may adjust the fees for the rights of use

in compliance w

ith the principles set out in Article 42(1) and

(2).

ES

(Drafting):

4. A decision to grant a renew

al of rights may be accom

panied by a review

of the fees attached thereto. Where appropriate,

competent authorities m

ay adjust the fees for the rights of use in com

pliance with the principles set out in A

rticle 42(1) and (2).

EECC


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- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

383 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

AT

(Com

ments):



Par 2 would be ok A

ND


Mem


As to be m


al would be



As, but




SE

(Drafting):

4. A decision to grant an renew

al extension of rights shall be accom

panied by a review of the fees attached thereto. W

here appropriate, com

petent authorities may adjust the fees for the

rights to of use in compliance w

ith the principles set out in A

rticle 42(1) and (2).

SE

(Com

ments):



ord renewal

A m





EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

384 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

Article 51

Transfer or lease of individual rights

of use

for radio

spectrum

H

U

(Drafting):

Transfer or leaseSecondary trading of individual rights

of use

for radio

spectrum

HU

(Com

ments):

IT IS NEC

ESSAR

Y TO

CO

NSEQ

UEN

TLY R

ETHIN

K TH

E CO

NC

EPT OF

TRA

DIN

G , TRA

NSFER

AN

D LEA

SING. IT H

AS TO

BE C

LEAR

ED TH

AT

TRA

DIN

G C

ON

TAIN

S TRA

NSFER

AN

D LEA

SING, TO

O. WE W

OU

LD

EECC


UM

- 6701/17 complem


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

385 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

BE H

APPY

TO C

ON

SIDER

TO C

HA

NG

E THE TITLE.

SE

(Drafting):

Transfer or lease of individual rights

to of use

for radio

spectrum

SE

(Com

ments):

A m





1. Mem

ber States shall ensure that undertakings may transfer or

lease to other undertakings in accordance with conditions

attached to the rights of use for

radio spectrum

and in accordance with national procedures individual rights of

use for

radio spectrum

in the bands for w

hich this is provided in the im

plementing m

easures adopted pursuant to paragraph 4

or by any other Union m

easure such as the a radio spectrum

policy programm

e adopted pursuant to Article

4(4) .

HR

(Drafting):

Reserved

HR

(Com

ments):

It is not clear what “any other U

nion measure” stands for. This

wording is too vague and broad.

AT

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

386 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Ok.

SE

(Drafting):

1. Mem

ber States shall ensure that undertakings may transfer or

lease to other undertakings in accordance with conditions

attached to the rights to of use for

radio spectrum

and in accordance with national procedures individual rights to

of use for

radio spectrum

in the bands for w

hich this is provided in the im

plementing m

easures adopted pursuant to paragraph 4

or by any other Union m

easure such as the a radio spectrum

policy programm

e adopted pursuant to Article

4(4) .

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

387 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

No com

ments

In other bands, Mem

ber States may also m

ake provision for undertakings to transfer or lease individual rights

of use

for

radio frequencies

to other

undertakings in

accordance with national procedures.

AT

(Com

ments):

Ok.

SE

(Drafting):

In other bands, Mem

ber States may also m

ake provision for undertakings to transfer or lease individual rights

to of

use for

radio

frequencies to other

undertakings in

accordance with national procedures.

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

EECC


UM

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

388 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Com

ments):

No com

ments

Without prejudice to paragraph 3,

conditions attached to individual rights

of use for radio

spectrum

shall continue to apply after the transfer or lease, unless otherw

ise specified by the com

petent authority.

AT

(Com

ments):

Ok.

Without prejudice to paragraph 3,

conditions attached to individual rights

to of use for radio

spectrum

shall continue to apply after the transfer or lease, unless otherw

ise specified by the competent authority.

SE

(Com

ments):

A m





UK

(Drafting):

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

389 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No recom

mended changes

UK

(Com

ments):

No com

ments

Mem

ber States may also determ

ine that the provisions of this paragraph shall not apply w

here the undertaking's individual right to use radio frequencies w

as initially obtained free of charge.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

2. Mem

ber States shall ensure that an undertaking's intention to transfer rights

of use

for radio

spectrum

, as w

ell as the effective transfer thereof is notified in accordance

ES

(Drafting):

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

390 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

with national procedures to the

national regulatory authority and to the

competent authority responsible for granting

individual rights of use if different and is made public. W

here the use of

radio spectrum

has been harm

onised through the application of the D


(Radio

Spectrum D

ecision) or other U

nion m

easures, any such transfer shall com

ply with such harm

onised use.

2. Mem

ber States shall ensure that an undertaking's intention to transfer rights

well as the effective transfer thereof is notified in accordance

with national procedures to the

national regulatory authority

and to the co

mpeten

t au

thority

resp

onsible

for

gran

ting

individual rights of use if different and is made public. W

here th

e use o

f rad

io

spectrum

h

as been harmonised

through the application of the Decision N

o 676/2002/EC (R

adio Spectrum

Decision) or other

transfer shall comply w

ith such harmonised use.

HU

(Drafting):

2. Mem

ber States shall ensure that an undertaking's intention to transfer or lease of rights

of use

for radio

spectrum

, as well as the effective transfer thereof is

notified in

accordance w

ith national

procedures to

the national


and to

the

competent

authority responsible for granting individual rights of use if different and is m

ade public. Where

the use of radio

spectrum

has been harmonised through the application of

the Decision N

o 676/2002/EC (R

adio Spectrum D

ecision) or other

Union

measures, any such transfer trading shall

comply w


HU

(Com

ments):

IT IS NEC

ESSAR

Y TO

CO

NSEQ

UEN

TLY R

ETHIN

K TH

E CO

NC

EPT OF

Formatted

: Strikethrough

Formatted

: Strikethrough

EECC


UM

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

391 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

TRA

DIN

G, TRA

NSFER

AN

D LEA

SING. IT H

AS TO

BE C

LEAR

ED TH

AT

TRA

DIN

G C

ON

TAIN

S TRA

NSFER

AN

D LEA

SING , TO

O.

AT

(Com

ments):

Ok.

SE

(Drafting):

2. Mem

ber States shall ensure that an undertaking's intention to transfer

rights

to of

use

for

radio spectrum

, as w

ell as the effective transfer thereof is notified

in accordance

with

national procedures

to the

national regulatory

authority and

to the

com

petent authority responsible for granting individual rights of use if different and is m

ade public. Where

the use of radio

spectrum

has been harmonised through the application of

the Decision N

o 676/2002/EC (R

adio Spectrum D

ecision) or other

Union

measures, any such transfer shall com

ply w


SE

(Com

ments):

A m





UK

EECC


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- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

392 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

3. Mem

ber States shall allow the transfer or lease of rights of

use for radio spectrum w

here the original conditions attached to the rights of use are m

aintained. Without prejudice to the need

to ensure

the absence

of a

distortion of

competition,

in particular in accordance w

ith Article 52 of this D

irective, M

ember States shall:

ES

(Drafting):

3. Mem

ber States shall allow the transfer or lease of rights of

use for radio spectrum w

here the original conditions attached to the rights of use are m

aintained and could only oppose in duly justified cases . W

ithout prejudice to the need to ensure the absence

of a

distortion of

competition,

in particular

in accordance w


irective, Mem

ber States m

ay:

ES

(Com

ments):

SOM

E DEG

REE O

F REA

SON

AB

LE FLEXIB

ILITY H

AS TO

B

E GIV

EN TO

MS

AT

EECC


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

393 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

Ok.

SE

(Drafting):

3. Mem

ber States shall allow the transfer or lease of individual

rights to of use for harmonised radio spectrum

where the

original conditions

attached to

the rights

to of

use are

maintained. W

ithout prejudice to the need to ensure the absence of a distortion of com

petition, in particular in accordance with

Article 52 of this D

irective, Mem

ber States shall:

SE

(Com

ments):

Clarification and as stated before a m

ore straight forward

wording is to w

rite rights to use radio spectrum. See general

comm

ent in the headline of art 48.

UK

(Drafting):

Recom

mend m

oving to Recitals, replacing “shall” w

ith “should”

UK

(Com

ments):

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

394 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Too prescriptive so should be moved to R

ecitals

(a) submit trading and leasing to the least onerous procedure

possible; A

T

(Com

ments):

Ok.

UK

(Drafting):

Recom

mend m

oving to Recitals

(b) following notification by the lessor, not refuse the lease of

rights of use for radio spectrum unless the lessor does not

undertake to remain liable for m

eeting the original conditions attached to the rights of use;

AT

(Com

ments):

Ok.

SE

(Drafting):

(b) following notification by the lessor, not refuse the lease of

rights to of use for radio spectrum unless the lessor does not

undertake to remain liable for m

eeting the original conditions attached to the rights to of use;

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

395 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):

A m





UK

(Drafting):

Recom

mend m

oving to Recitals

(c) following a request by the parties, approve the transfer of

rights of use for radio spectrum unless the new

holder is unable to m

eet the original conditions for the right of use.

ES

(Drafting):

New

: d) conclude that rights of use may not be leased or

transferred in duly justified cases

AT

(Com

ments):

Ok.

SE

(Drafting):

(c) following a request by the parties, approve the transfer of

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

396 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

rights to of use for radio spectrum unless the new

holder is unable to m

eet the original conditions for the right to of use.

SE

(Com

ments):

A m





UK

(Drafting):

Recom

mend m

oving to Recitals

Points (a) to (c) are without prejudice to the M

ember States'

competence to enforce com

pliance with the conditions attached

to the rights of use at any time both w

ith regard to the lessor and the lessee, in accordance w

ith their national law.

AT

(Com

ments):

Ok.

SE

(Drafting):

Points (a) to (c) are without prejudice to the M

ember States'

competence to enforce com

pliance with the conditions attached

to the rights to of use at any time both w

ith regard to the lessor and the lessee, in accordance w

ith their national law.

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

397 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):

A m





UK

(Drafting):

DELETE

Com

petent authorities shall facilitate the transfer or lease of rights of use for radio spectrum

by giving timely consideration

to any request to adapt the conditions attached to the right and by ensuring that the rights or the radio spectrum

attached thereto m

ay to the best extent be partitioned or disaggregated.

AT

(Com

ments):

Ok.

SE

(Drafting):

Com

petent authorities shall facilitate the transfer or lease of rights

to of

use for

radio spectrum

by

giving tim

ely consideration to any request to adapt the conditions attached to the right and by ensuring that the rights or the radio spectrum

attached thereto m

ay to the best extent be partitioned or disaggregated.

SE

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

398 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

A m





UK

(Drafting):

No R

ecomm

ded changes

UK

(Com

ments):

No com

ments

In view of any transfer or lease of rights of use for radio

spectrum, com

petent authorities shall make all details relating

to tradable individual rights publicly available in a standardised electronic form

at when the rights are created and keep those

details as long as the rights exist.

ES

(Drafting):


spectrum,

competent

authorities shall

make

some

details relating to tradable individual rights publicly available in a standardised electronic form

at when the rights are created and

keep those details as long as the rights exist. These publicly available details shall be the follow

ing:

a) if the rights of use are tradable

b) if rights of usehave been obtained througha ransfer or

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

399 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

lease

c) the identification of the lessee and the lessor

d) the concrete spectrum

band transferred or leased

e) the duration of the lease or transfer

f) the geographical scope of the lease or transfer

ES

(Com

ments):

MA

KIN

G

PUB

LICLY

A

VA

ILAB

LE D

ETAILS

CO

ULD

SEEM

EXC

ESSIVE

AT

(Com

ments):

Ok.

SE

(Drafting):

In view of any transfer or lease of rights to of use for radio

spectrum, com


to tradable individual rights publicly available in a standardised electronic form

at when the rights are created and keep those

details as long as the rights exist.

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

400 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):

A m





PL

(Drafting):


spectrum, com

petent authorities shall make all relevant details

relating to tradable individual rights publicly available in a standardised electronic form

at when the rights are created and

keep those details as long as the rights exist

PL

(Com

ments):

It should be noted, that not details related to trading of individual righst should be unveiled to the public (for exam

ple business secrets)

IT

(Drafting):

Option 1:


spectrum, com


EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

401 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

to tradable non transferable individual rights publicly available in a standardised electronic form

at when the rights are created

and keep those details as long as the rights exist.

Option 2:

delete

IT

(Com

ments):

The request of publication add an obligation apparently not justified.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

4. The

Com

mission

may

adopt appropriate

implem

enting m

easures to identify the bands for which rights

of use

for radio frequencies m

ay be transferred or leased betw

een undertakings.

These m

easures shall

not cover

HU

(Com

ments):

WE

PRO

POSE

TO

EXA

MIN

E TH

E PR

OPO

SED

IMPLEM

ENTIN

G

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

402 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

frequencies which are used for broadcasting.

MEA

SUR

ES IN

LIN

E W

ITH

OU

R

GEN

ERA

L R

EMA

RK

S O

N

IMPLEM

ENTIN

G M

EASU

RES.

AT

(Com

ments):

Ok.

SE

(Drafting):

4 . The

Com

mission

may

adopt appropriate

implem

enting m

easures to identify the bands for which rights

to of

use for

radio frequencies may be transferred or leased

between

undertakings. These

measures

shall not

cover frequencies w

hich are used for broadcasting.

SE

(Com

ments):

A m





IT

(Com

ments):

Specify which kind “appropriate im

plementing m

easures” are intended to be adopted.

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

403 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

These technical implem

enting measures shall be adopted in

accordance with the

examination

procedure referred to in A

rticle 110(4)

.

AT

(Com

ments):

Ok.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

404 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Article 52

Com

petition

1. N

ational regulatory

authorities shall

promote

effective com

petition and avoid distortions of competition in the internal

market w

hen deciding on the grant, amendm

ent or renewal of

rights of use for radio spectrum for electronic com

munications

services and networks in accordance w

ith this Directive.

ES

(Drafting):

1. N

ational regulatory

authorities or

other com

petent authorities shall prom

ote effective competition and avoid

distortions of competition in the internal m

arket when deciding

on the grant, amendm

ent or renewal of rights of use for radio

spectrum for electronic com

munications services and netw

orks in accordance w

ith this Directive.

CZ

(Com

ments):

The first papagraph only describes the current practice and does not bring m

uch added value at EU level. It m

ay bring further doubts about the validity of N

RA

s decisions.

AT

(Com

ments):

Formatted

: Font: Bold

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

405 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

The possibility for NR

As to take appropriate m

easures to secure com

petition is supported.

SE

(Drafting):

1. N

ational regulatory

authorities shall

promote

effective com


market w


ent or extension renew

al of rights to of use for radio spectrum for electronic

comm

unications services and networks in accordance w

ith this D

irective.

SE

(Com

ments):

The NR

A should prom

ote effective competition on the m

arket and not extended to the internal m

arket. The internal market is

too unprecise wich m

ay include other Mem

ber states.

A m





UK

(Drafting):

Recom

mend the follow

ing changes:

1. National regulatory authorities shall seek to prom

ote effective com

petition and avoid distortions of competition in the

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

406 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

internal market w


ent or renew

al of rights of use for radio spectrum for electronic

comm

unications services and networks in accordance w

ith this D

irective.

UK

(Com

ments):

No com

ments

FR

(Drafting):

FR

(Drafting):

1. N

ational regulatory

authorities shall

promote

effective com


market w


ent or renewal of

rights of use for radio spectrum for electronic com

munications

services and networks in accordance w

ith this Directive.

FR

(Com

ments):

FR

(Com

ments):

Justification: Les réseaux gouvernementaux sont des réseaux

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

407 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

de comm

unications électroniques qui ne doivent pas relèver de cette D

irective.

2. When M

ember States grant, am

end or renew rights of use for

radio spectrum, their national regulatory authorities m

ay take appropriate m

easures such as:

ES

(Drafting):

2. When M


end or renew rights of use for

radio spectrum, their national regulatory authorities or other

competent authorities m

ay take appropriate measures such as:

AT

(Com

ments):

Ok.

SE

(Drafting):

2. When M


end or extend renew rights to

of use for radio spectrum, their national regulatory authorities

may take appropriate m

easures such as

SE

Formatted

: Font: Bold

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

408 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):



ord renewal and m


ording is to write

rights to use radio spectrum. See general com

ment in the

headline of art 48.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(a) lim

iting the amount of radio spectrum

for which rights

of use are granted to any undertaking, or attaching conditions to such rights of use, such as the provision of w

holesale access, national or regional roam

ing, in certain bands or in certain groups of bands w

ith similar characteristics;

AT

(Com

ments):

Ok.

SE

(Drafting):

(a) lim

iting the amount of radio spectrum

for which rights

to of use are granted to any undertaking, or attaching conditions

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

409 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

to such rights to of use, such as the provision of wholesale

access, national or regional roaming, in certain frequency

bands or in certain groups of frequency bands with sim

ilar characteristics;

SE

(Com

ments):

Use the sam

e term as in other parts of ths provision, see bullet

b), and a more straight forw

ard wording is to w

rite rights to use radio spectrum

. See general comm


UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(b) reserving, if appropriate in regard to an exceptional

situation in the national market, a certain part of a frequency

band or group of bands for assignment to new

entrants;

AT

(Com

ments):

Ok.

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

410 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

IT

(Drafting):

(b) reserving, if appropriate in regard to an exceptional

situation in the national market, a certain part of a frequency

band or group of bands for assignment to new

entrants;

IT

(Com

ments):

There reserve should not be limited to exceptional situations

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(c) refusing to grant new

rights of use for radio spectrum or

to allow new

radio spectrum uses in certain bands, or attaching

conditions to the grant of new rights of use for radio spectrum

or to the authorisation of new

radio spectrum uses, in order to

avoid the distortion of competition by any assignm

ent, transfer

AT

(Com

ments):

Ok.

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

411 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

or accumulation of rights of use;

SE

(Drafting):


rights to of use for radio spectrum

or to allow new

radio spectrum uses in certain frequency

bands, or attaching conditions to the grant of new rights to of

use for radio spectrum or to the authorisation of new

radio spectrum

uses, in order to avoid the distortion of competition

by any assignment, transfer or accum

ulation of rights to of use;

SE

(Com

ments):

Use the sam

e term as in other parts of ths provision, see bullet

b) a more straight forw

ard wording is to w

rite rights to use radio spectrum

. See general comm


IT

(Drafting):


rights of use for radio spectrum or

to allow new

radio spectrum uses in certain bands, or attaching

conditions to the grant of new rights of use for radio spectrum

or to the authorisation of new

radio spectrum uses, in order to

avoid the distortion of competition by any assignm

ent, transfer or accum

ulation of rights of use;

IT

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

412 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

The transfer is not pertinent and already regulated at point (d) and (e)

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(d) prohibiting or im

posing conditions on transfers of rights of use for radio spectrum

, not subject to national or Union

merger control, w

here such transfers are likely to result in significant harm

to competition;

AT

(Com

ments):

Ok.

SE

(Drafting):

(d) prohibiting or im

posing conditions on transfers of rights to of use for radio spectrum

, not subject to national or Union

merger control, w

here such transfers are likely to result in significant harm

to competition;

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

413 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(e) am

ending the existing rights in accordance with this

Directive w

here this is necessary to remedy ex post a distortion

of competition by any transfer or accum

ulation of rights of use for radio spectrum

.

AT

(Com

ments):

Ok.

SE

(Drafting):

(e) am

ending the existing rights in accordance with this

Directive w

here this is necessary to remedy ex post a distortion

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

414 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

of competition by any transfer or accum

ulation of rights to of use for radio spectrum

.

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

National


shall, taking

into account

market

conditions and

available benchm

arks, base

their decision on an objective and forw

ard-looking assessment of the

market com

petitive conditions and of whether such m

easures are necessary to m

aintain or achieve effective competition and

of the likely effects of such measures on existing and future

investments by m

arket operators in particular for network roll-

out.

ES

(Drafting):

National regulatory authorities or other com

petent authorities shall, taking into account m

arket conditions and available benchm

arks, base their decision on an objective and forward-

looking assessment of the m

arket competitive conditions and of

whether such m

easures are necessary to maintain or achieve

effective competition and of the likely effects of such m

easures

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

415 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

on existing and future investments by m

arket operators in particular for netw

ork roll-out.

AT

(Com

ments):

Ok.

SE

(Drafting):

National regulatory authorities shall, taking into account m

arket conditions and available benchm

arks, base their decision on an objective

and forw

ard-looking assessm

ent of

the m

arket com

petitive conditions and of whether such m

easures are necessary to m

aintain or achieve effective competition and of

the likely effects of such measures on existing and future

investments by m

arket operators in particular for network roll-

out.

SE

(Com

ments):

The assessm

ent of

the m

arket includes

network

roll out

assessments. To include this in particular is not necessary and

could be seen as a direction to article 22 wich could m

ean that this w

ill be very burdensome for the M

ember states.

IT

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

416 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

To be deleted

IT

(Com

ments):

Such measures are too aleatory and, in any case, the principles

of this paragraph are already present among the EC

C.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

3. When applying paragraph 2, national regulatory authorities

shall act in accordance with the procedures provided in A

rticles 18, 19, 23 and 35 of this D

irective.

ES

(Drafting):


or other competent authorities shall act in accordance w

ith the procedures provided in A

rticles 18, 19, 23 and 35 of this D

irective.

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

417 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

HR

(Drafting):

Delete: “35”

HR

(Com

ments):

HR

opposes peer review process

AT

(Com

ments):

Ok.

SE

(Drafting):


shall act in accordance with the procedures provided in A

rticles 18, 19, 23 and 35a of this D

irective.

SE

(Com

ments):

This change is based on proposed change of article 35.

UK

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

418 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

419 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

CT

ION

3 PRO

CE

DU

RE

S

Article 53 ES

(Drafting):

DELETE

SE

(Drafting):

Deleted

Coordinated tim

ing of assignments

ES

(Drafting):

DEL

ETE

SE

(Drafting):

Deleted

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

420 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):

The Com

mission already holds the pow

er to set time lim

its as to w

hen harmonised spectrum

should be made available. To

further regulate timing of assignm

ent is not necessary. When

radio spectrum has been refarm

ed it is the interest of every M

ember State to aw

ard the radio spectrum as soon as there is

market dem

and. To regulate timing of assignm

ent can distort com

petition and effective and efficient spectrum m

anagement

in specific Mem

ber states.

UK

(Com

ments):

Cannot

support this

article as

it w

ill create

investment

uncertainty for current and future spectrum licencees. There

are also subsidiarity issues. This article needs deleting

In order to coordinate the use of harmonised radio spectrum

in the U

nion and taking due account of the different national m

arket situations,

the C

omm

ission m

ay, by

way

of an

implem

enting measure:

ES

(Drafting):

Delete

ES

(Com

ments):

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

421 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

WE

CO

NSID

ER

THIS

AR

TICLE

CO

MPLETELY

U

NN

AC

EPTAB

LE. IT IS INTR

USIV

E AN

D H

AV

E NO

T A

DD

ED V

ALU

E

CZ

(Drafting):


in the U


arket situations,

the C

omm

ission m

ay, by

way

of an

implem

enting measure:

CZ

(Com

ments):

The C

Z does

not support

this new

com

petence of

the C

omm

ission. We think that tim

ing aspect should be solved in the harm

onizing decisions. We support the R

SPG opinion to

this point.

HR

(Drafting):

Reserved.

HR

(Com

ments):

It is unclear how the extension of duration w

ill be handled

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

422 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

regarding existing holders of rights of use, and weather these

measures w

ill deal with the question of com

pensation in cases of reduction of duration.

HU

(Drafting):


in the U


arket situations in case of market needs, the C

omm

ission m

ay, by way of an im

plementing m

easure

HU

(Com

ments):

I N

CA

SE O

F M

AR

KET

NEED

S, IT

IS PO

SSIBLE

TO

PRESC

RIB

E O

BLIG

ATIO

NS FO

R LA

UN

CH

ING

AU

THO

RISA

TION

PRO

CESS, B

UT

NO

BO

DY

C

AN

G

UA

RA

NTEE

LICEN

SE W

ITHO

UT

REQ

UEST

AN

D

MA

RK

ET NEED. W

E PRO

POSE TO

CLA

RIFY

THE O

BLIG

ATIO

N. TH

E PH

RA

SING

OF R

SPP R

EGA

RD

ING

HA

RM

ON

ISED B

AN

DS C

AN

BE

USED

AS A

SAM

PLE.

REG

AR

DIN

G

OU

R

POSITIO

N

ON

IM

PLEMEN

TING

M

EASU

RES,

PLEASE R

EFER TO

OU

R G

ENER

AL R

EMA

RK.

AT

(Drafting):

Should be deleted

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

423 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

AT

(Com

ments):

Implem

enting measures to establish com

mon dates for granting

harmonized

spectrum

is seen

critically (no

flexibility for

Mem

ber States). There can certainly be a harmonized first

round of assignments for key bands w

hich are critical for the advent of new

technologies in order to exploit economies of

scale and to push demand. O

therwise, the tim

ing should be left to the m

ember states because the best option depends very

much on national circum

stances (national demand for spectrum

, bundling

of frequency

bands that

are substitutes

or com

plements, bundling of bands that are suitable for new

entrants in case of severe com

petition problems, etc.). This

would be a balanced tradeoff betw

een harmonization and

national flexibility. It is unclear how the different situations of

the Mem

ber States are taken into account in the coordination of the tim

ing of the frequency allocations and how exem

ptions can be granted in the case of need. W

e see no need to further extend the C

omm

ission´s powers in this area.

SE

(Drafting):

Deleted

SE

(Com

ments):

The Com


er to set time lim

its as

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

424 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

to when harm

onised spectrum should be m

ade available. To further regulate tim

ing of assignment is not necessary. W

hen radio spectrum

has been refarmed it is the interest of every

Mem

ber State to award the radio spectrum

as soon as there is m

arket demand. To regulate tim

ing of assignment can distort

competition and effective and efficient spectrum

managem

ent in specific M

ember states.

PL

(Com

ments):

We stress the need to protect already acquired rights to use the

spectrum, w

here some rights in the case of Poland expire

around 2030. In the event of a shortening of the duration of the license, a m

echanism should be provided for the com

pensation of existing users.

UK

(Drafting):

DELETE

(a) establish

one, or,

where

appropriate, several

comm

on m

aximum

dates by which the use of specific harm


bands shall be authorised;

ES

(Drafting):

Delete

CZ

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

425 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

a) establish

one, or,

where

appropriate, several

comm

on m

aximum

dates by which the use of specific harm


bands shall be authorised

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Implem



harmonized

spectrum

is seen

critically (no

flexibility for

Mem

ber States).

We

see no

need to

further extend

the C

omm


SE

(Drafting):

Deleted

SE

(Com

ments):

The Com


er to set time lim

its as to w



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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

426 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N





ember State to aw


market dem


ent can distort com


anagement

in specific Mem

ber states.

UK

(Drafting):

DELETE

(b) where necessary to ensure the effectiveness of coordination,

adopt any transitional measure regarding the duration of rights

pursuant to Article 49, such as an extension or a reduction of

their duration, in order to adapt existing rights or authorisations to such harm

onised date.

ES

(Drafting):

Delete

CZ

(Drafting):

b) where necessary to ensure the effectiveness of coordination, adopt

any transitional measure regarding the duration of rights pursuant to

Article 49, such as an extension or a reduction of their duration, in

order to adapt existing rights or authorisations to such harmonised

date.

AT

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MM

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S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

427 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

Should be deleted

AT

(Com

ments):

Implem



harmonized

spectrum

is seen

critically (no

flexibility for

Mem

ber States).

We

see no

need to

further extend

the C

omm


SE

(Drafting):

Deleted

SE

(Com

ments):

The Com


er to set time lim

its as to w







ember State to aw


market dem


ent can distort com


anagement

in specific Mem

ber states.

IT

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pril 2017

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

428 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

This seems to be and interference in the m

ember states pow

er to release legal rights.

In general this article seems to be in conflict w

ith article 50 on the renew

al of rights.

Right now

with political decisions, Parliam

ent and Council,

fixed the

time

periods related

to spectrum

bandw

idths assignm

ent like

700 and

800MH

z. Thus

already exists

instruments to coordinate assignation tim

e periods.

UK

(Drafting):

DELETE

Those implem


with the exam


taking utmost account of the opinion of the R

adio Spectrum

Policy Group.

ES

(Drafting):

Delete

CZ

(Drafting):

Those implem


with the exam


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

429 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

taking utmost account of the opinion of the R

adio Spectrum

Policy Group.

AT

(Drafting):

Should be deleted

AT

(Com

ments):

Implem



harmonized

spectrum

is seen

critically (no

flexibility for

Mem

ber States).

We

see no

need to

further extend

the C

omm


SE

(Drafting):

Deleted

SE

(Com

ments):

The Com


er to set time lim

its as to w







ember State to aw


market dem


ent can distort

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

430 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

competition and effective and efficient spectrum

managem

ent in specific M

ember states.

UK

(Drafting):

DELETE

Article 54

Procedure for limiting the num

ber of rights of use to be granted for radio spectrum

SE

(Drafting):

Procedure for limiting the num

ber of rights to of use to be granted for radio spectrum

SE

(Com

ments):

Fewer w

ords with the sam

e meaning, m

akes it easier to read.

1. W

ithout prejudice to any implem

enting act adopted pursuant to A

rticle 53, w

here a Mem

ber State concludes

AT

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

431 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

that a right to use radio spectrum cannot be granted pursuant to

Article 46

and w

here it considers w

hether to limit

the num

ber of

rights of

use to

be granted

for radio

spectrum

, it shall inter alia:

(Com

ments):

The criteria for determining w

hich frequencies are limited in

numbers and are therefore aw

arded by means of a selection

procedure should be flexible enough to allow M

ember States to

take account of national circumstances, such as the dem

and for the spectrum

, in order to ensure that frequencies that are valuable and scarce are aw

arded in a legally secure procedure and that there is no suboptim

al assignment.

SE

(Drafting):

1. W

ithout prejudice to any implem

enting act adopted pursuant to A

rticle 53, w

here a Mem

ber State concludes

that a right to use radio spectrum cannot be granted pursuant to

Article 46

and w

here it considers w

hether to limit

the num

ber of

rights to

of use

to be

granted for

radio spectrum

, it shall inter alia:

SE

(Com

ments):

A m




ment in the headline of art 48, also

compare w

ith wording w

ithin the paragraph.

concludes that a right to use radio spectrum cannot be

granted pursuant to Article 46

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

432 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(a)

clearly state the reasons for limiting the rights of

use, in particular

by giving due w

eight to the need to m

aximise benefits for users and to facilitate the developm

ent of com

petition , and review

the limitation at regular intervals or

at the reasonable request of affected undertakings ;

AT

(Com

ments):






ember States to




arded in a legally secure procedure and that there is no suboptim

al assignment.

SE

(Drafting):

(a)

clearly state the reasons for limiting the rights to

of use, in particular

by giving due w

eight to the need to m

aximise benefits for users and to facilitate the developm

ent

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

433 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

of competition

, and review the lim

itation at regular intervals or at the reasonable request of affected undertakings

;

SE

(Com

ments):

A m





UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

(b)

give all

interested parties,

including users

and consum

ers, the opportunity to express their views on any

limitation

through a public consultation in accordance

with A

rticle 23 . In the case of harm

onised radio spectrum,

this public consultation shall start within six m

onths of the adoption of the im

plementing m

easure under Decision N

o 676/2002/EC

unless technical reasons therein require a longer deadline

;

AT

(Com

ments):






ember States to




arded in a legally secure procedure

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

434 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

and that there is no suboptimal assignm

ent.

SE

(Drafting):

(b)

give all

interested parties,

including users

and consum


limitation


with A




onths of the adoption of the im

plementing m

easure under Decision N

o 676/2002/EC

unless technical reasons therein require a longer deadline

;

SE

(Com

ments):

The time fram

e set out (six months) is too short. It is sufficient

to hold a public consultation within the tim

e table for the selection procedure.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

EECC


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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

435 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No com

ments

FR

(Drafting):

FR

(Drafting):

(b)

give all

interested parties,

including users

and consum


limitation


with A




onths one year of the adoption of the im

plementing m

easure under Decision

No 676/2002/EC

unless technical objective reasons therein require a longer deadline

;

FR

(Com

ments):

FR

(Com

ments):

Justification : Un délai de six m

ois apparaît trop court. Des

raisons économiques, com

me le m

anque d’appétence à court term

e pour certains usages, peuvent en effet justifier de différer la consultation publique visant à établir la rareté dans la bande.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

436 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

2. When a M

ember State concludes that the num

ber of rights of use has to be lim

ited, it shall clearly define and justify the objectives pursued w

ith the selection procedure, and where

possible quantify them, giving due w

eight to the need to fulfil national and internal m

arket objectives. The objectives that the M

ember State m

ay set out with a view

to design the specific selection procedure shall be lim

ited to one or more of the

following:

HU

(Com

ments):

WE

SUG

GEST

REC

ON

SIDER

ING

W

HETH

ER

THE

LISTING

O

F PO

SSIBLE G

OA

LS IS NEC

ESSAR

Y.

AT

(Com

ments):

It is our understanding that the European Com

mission does not

want to lim

it beauty contests or auctions. The very narrow

objectives and criteria on the basis of the selection process (coverage,

quality, com

petition, etc.)

are a

legal risk

for m

ember

states that

choose an

auction for

awarding

the spectrum

and favor the beauty contest. In order to create a corresponding legal basis for both procedures, the list of criteria should be extended, for exam

ple the criteria of "efficient use of the spectrum

should be added.

SE

(Drafting):

2. When a M


ber of rights to of use has to be lim






ember State m


to design the specific

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

437 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

selection procedure

shall in

addition to

promoting

competition be lim

ited to one or more of the follow

ing:

SE

(Com

ments):

A m





Promoting com

petition should always be a factor that m

ember

states must assess w

hen designing selection procedures. If it is in the bullet point below

it might be interpreted as a factor that

can be disregarded by a Mem

ber state.

PL

(Drafting):

2. When a M








ember State m


to design the specific selection procedure shall be lim

ited to one or more of the

following: are inter alia :

PL

(Com

ments):

The current version of the proposal could exclude possibility to

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

438 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

conclude the

auction. In

order to

maintain

that option,

objectives listed in that subparagraph should be treated as non closed list.

UK

(Drafting):

When a M








ember State m

ay set out with a view to design the specific

selection procedure shall be limited to one or m

ore of the follow

ing:

UK

(Com

ments):

The accompanying list is too prescriptive to be included here

and should be moved to R

ecitals

(a) promoting coverage;

AT

(Com

ments):


mission does not

want to lim


objectives and criteria on the basis of the selection process

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

439 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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UM

N

(coverage, quality,

competition,

etc.) are

a legal

risk for

mem

ber states

that choose

an auction

for aw

arding the

spectrum and favor the beauty contest. In order to create a

corresponding legal basis for both procedures, the list of criteria should be extended, for exam


should be added.

UK

(Drafting):

Delete and m

ove to Recitals

(b) required quality of service; A

T

(Com

ments):


mission does not

want to lim



quality, com

petition, etc.)

are a

legal risk

for m

ember

states that

choose an

auction for

awarding

the spectrum



should be added.

UK

(Drafting):

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

440 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Delete and m

ove to Recitals

(c) promoting com

petition; A

T

(Com

ments):


mission does not

want to lim



quality, com

petition, etc.)

are a

legal risk

for m

ember

states that

choose an

auction for

awarding

the spectrum



should be added.

SE

(Drafting):

(c) promoting com

petition; efficient use of spectrum

SE

(Com

ments):

It should

not be

possible to

exclude com

petition as

an underlying reason to the selection procedure, w

hich can be done according to the w

ording of this paragraph. If promoting

competition (especially singled out in article 52) is listed here it

could be understood that competition could be disregarded

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

441 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

which

would

be very

unfortunate. Sw

eden proposes

that efficient use of spectrum

is added to the list of objectives set out for the specific selection procedure.

UK

(Drafting):

Delete and m

ove to Recitals

(d) promoting innovation and business developm

ent; and A

T

(Com

ments):


mission does not

want to lim



quality, com

petition, etc.)

are a

legal risk

for m

ember

states that

choose an

auction for

awarding

the spectrum



should be added.

UK

(Drafting):

Delete and m

ove to Recitals

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MM

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S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

442 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(e) ensuring that fees promote optim

al use of radio spectrum in

accordance with A

rticle 42; ES

(Drafting):

Delete

ES

(Com

ments):

CO

MPLETELY

UN

AC

EPTAB

LE

AT

(Com

ments):


mission does not

want to lim



quality, com

petition, etc.)

are a

legal risk

for m

ember

states that

choose an

auction for

awarding

the spectrum



should be added.

UK

(Drafting):

Delete and m

ove to Recitals

H

U

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

443 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):

(f) effective usage

The national regulatory authority shall clearly define and justify the choice of the selection procedure, including any prelim

inary phase to access the selection procedure. It shall also clearly state the outcom

e of any related assessment of the com

petitive, technical and econom

ic situation of the market and provide

reasons for the possible use and choice of measures pursuant to

Article 35.

ES

(Drafting):

The national


or other

competent

authority shall clearly define and justify the choice of the selection procedure, including any prelim

inary phase to access the selection procedure. It shall also clearly state the outcom

e of any related assessm

ent of the competitive, technical and

economic situation of the m

arket and provide reasons for the possible use and choice of m

easures pursuant to Article 35.

HR

(Drafting):

Delete: “pursuant to A

rticle 35”

HR

(Com

ments):

HR


AT

(Com

ments):

Ok

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MM

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S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

444 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

3. M

ember States shall

publish any decision on the

selection procedure

chosen and

the related

elements

,

clearly stating the reasons therefor

and how it has

taken into

account the

measure

adopted by

the national

regulatory authority in accordance with A

rticle 35. It shall also publish the conditions that w

ill be attached to the rights of use.

ES

(Drafting):

3. M

embe

o

n th

e selection procedure chosen and the related elem

ents

clearly

into account the measure adopted by the national regulatory

authority or other competent authority in accordance w

ith A

rticle 35. It shall also publish the conditions that will be

attached to the rights of use.

HR

(Drafting):

Delete: “in accordance w

ith Article 35”

HR

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

445 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

HR


AT

(Com

ments):

Ok

SE

(Drafting):

3. M

ember States shall

publish any decision on the

selection procedure

chosen and

the related

elements

,

clearly stating the reasons therefor

and how it has

taken into

account the

measure

adopted by

the national

regulatory authority in accordance with A

rticle 35. It shall also publish the conditions that w

ill be attached to the rights to of use.

SE

(Com

ments):

A m





UK

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

446 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No recom

mended changes

UK

(Com

ments):

No com

ments

After having determ

ined the procedure, the M

ember State

shall invite applications for rights of use;

AT

(Com

ments):

Ok

SE

(Drafting):

After having determ

ined the procedure, the M

ember State

shall invite applications for rights to of use;

SE

(Com

ments):

A m





UK

(Drafting):

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

447 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No recom

mended changes

UK

(Com

ments):

No com

ments

5. Where a M

ember State concludes that further rights of use

for radio spectrum

or a combination of different types

of rights

can

be granted,

taking into

consideration advanced

methods

for protection

against harm

ful interference,

it shall publish that conclusion and initiate

the process of granting such rights.

AT

(Com

ments):

Ok

SE

(Drafting):

5. Where a M

ember State concludes that further rights to of use

for radio spectrum

or a combination of different types

of rights

can

be granted,

taking into

consideration advanced

methods

for protection

against harm

ful interference,

it shall publish that conclusion and initiate

the process of granting such rights.

SE

(Com

ments):

A m





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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

448 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

6. Where the granting of rights of use for radio

spectrum

needs to be lim

ited, Mem

ber States shall grant such rights on the basis of selection criteria

and a procedure determined by

their national regulatory authorities pursuant to Article 35,

w

hich must be objective, transparent, non- discrim

inatory and proportionate. A

ny such selection criteria must give due w

eight to the achievem

ent of the objectives and requirements of

Articles 3, 4, 28 and 459 .

ES

(Drafting):


needs to be lim

ited, Mem


their national


or other

competent

authorities pursuant to Article 35,

transparent, non-discrim

inatory and proportionate. Any such

selection criteria must give due w

eight to the achievement of

the objectives and requirements of A

rticles 3, 4, 28 and 459 .

HR

(Drafting):

Delete: “pursuant to A

rticle 35”

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

449 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

HR

(Com

ments):

HR


AT

(Com

ments):

Ok

SE

(Drafting):

6. W

here the

granting of

rights to

of use

for radio

spectrum

needs to be limited, M

ember States shall grant

such rights on the basis of selection criteria and a procedure

determined by their national regulatory authorities pursuant to

Article

35,

which

must

be objective,

transparent, non-

discriminatory and proportionate. A

ny such selection criteria m

ust give due weight to the achievem

ent of the objectives and requirem

ents of Articles 3, 4, 28 and 459

SE

(Com

ments):

A m





Editorial correction in the reference.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

450 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

Recom

mend follow

ing changes:


spectrum

needs to be lim

ited, Mem


and a procedure determined by

their national regulatory authorities pursuant to Article 35,

which m

ust be objective, transparent, non-discriminatory and

proportionate. Any such selection criteria must give due w

eight to the achievem

ent of the objectives and requirements of

Articles 3, 4, 28 and 459 .

UK

(Com

ments):

We

are proposing

significant changes

to A

rticle 35.

In

particular, the process should be voluntary which m

akes the requirem

ent to follow any procedure determ

ined by the process in A

rticle 35 irrelevant

7. The Com

mission m

ay adopt implem


criteria in

order to

coordinate the

implem

entation of

the obligations under paragraphs 1 to 3 by M

ember States. The

implem

enting measures shall be adopted in accordance w

ith the procedure referred to in A

rticle 110(4) and taking utmost

account of the opinion of the Radio Spectrum

Policy Group.

ES

(Drafting):

Delete

ES

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

451 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

WE D

ON

,T SEE AD

DED

VA

LUE TO

THESE IM

PL. AC

TS

CZ

(Drafting):

The Com

mission m

ay adopt implem


criteria in

order to

coordinate the

implem

entation of


ember States. The

implem





Policy Group.

CZ

(Com

ments):

The C

Z does

not support

this new

com

petence of

the C

omm

ission. We support the R

SPG opinion to this point.

HR

(Drafting):

Delete

HR

(Com

ments):


ents of spectrum aw

arding should

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

452 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

only be subject to mem

ber states decisions.

HU

(Com

ments):

REG

AR

DIN

G

OU

R

POSITIO

N

ON

IM

PLEMEN

TING

M

EASU

RES,

PLEASE R

EFER TO

OU

R G

ENER

AL R

EMA

RK.

LV

(Drafting):

The Com

mission m

ay advise adopt implem

enting measures

setting criteria in order to coordinate the implem

entation of the obligations under paragraphs 1 to 3 by M

ember States. A

dvised The im

plementing m

easures shall be adopted in accordance w

ith the procedure referred to in Article 110(4) and taking

utmost account of the opinion of the R


Group.

LV

(Com

ments):

This shall be only the competence of national regulatory

authority and

Com

mission

should only

support national

regulatory authority if it would request for such asistance.

AT

(Com

ments):

The harmonization pow

ers of the EC for central areas of the

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

453 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

award procedures (through im

plementing m

easures) are much

too far-reaching. As an R

SPG report on efficient aw

ards has show

n, the "one-size-does-not-fit-all" principle applies. When

designing award procedures, national circum

stances must be

taken into

account. The

criteria for

determining

which

frequencies are limited in num

ber and should therefore be aw

arded by means of a selection procedure should be flexible

enough so that the Mem

ber States can sufficiently take account of national circum

stances such as the demand for the spectrum

and that there is no suboptim

al allocation.

SE

(Drafting):

7. The Com

mission m

ay adopt implem


criteria in

order to

coordinate the

implem

entation of


ember States. The

implem





Policy Group.

SE

(Com

ments):

It should be up to the Mem

ber states to decide. There is no reason for the C

omm

ission to adopt impelem

enting acts in this area. Im

plementing acts in this area m

ight have and advers effect for certain M

ember states because one size does not

necessary fit all.

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

454 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

PL

(Drafting):

Delate.

7. The Com

mission m

ay adopt implem


criteria in

order to

coordinate the

implem

entation of


ember States. The

implem





Policy Group.

PL

(Com

ments):

The Com

mission's proposal lim

its the flexibility of national institutions/regulators to define conditions to rights of use for radio spectrum

, therefore Polish Governm

ent strongly opposes to the possibility of granting right to the C

omm

ission for introduction the im

plementing m

easure(s) setting criteria in order to coordinate the im

plementation of the obligations under

paragraphs 1 to 3 by Mem

ber States..

UK

(Drafting):

DELETE

UK

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

455 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

We cannot support the reference to the C

omm

ission being able to adopt im

plementing m

easures

8. Where com

petitive or comparative selection procedures are

to be used, Mem

ber States may extend the m

aximum

period of six w

eeks referred to in Article 48(6) for as long as necessary

to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no longer than eight m

onths ,

subject to

any specific

timetable

established pursuant to A

rticle 53 .

AT

(Drafting):

“but by no longer than eight months” should be deleted.

AT

(Com

ments):

The practice shows that the deadline of 8 m

onths is far too short to carry out an aw

ard procedure, in particular if the conditions are to be consulted nationally and internationally. In addition, the N

RA

s should be able to choose the timing of the aw

ard procedures m

ore flexibly in order to bundle some bands if this

is favourable from a technical or econom

ic point of view (eg if

a new entrant is to be prom

oted because the competition is

unsatisfactory or if bands are complem

ents or substitutes). A

synchronization of

award

procedures in

Europe should

therefore be restricted to central bands.

SE

(Drafting):

8. Where com

petitive or comparative selection procedures are

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U, LV

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K, L

T, FR and SK

456 PLEA

SE DO

NO

T AD

D O

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TE AN

Y R

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S, CO

LU

MN

S OR

CE

LLS OR

AM

END

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TH

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AN

D C

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N

to be used, Mem

ber States may extend the m

aximum

period of six w

eeks referred to in Article 48(6) for as long as necessary

to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no longer than eight m

onths ,

subject to

any specific

timetable

established pursuant to A

rticle 53 .

SE

(Com

ments):

Reference to article 53 should be deleted because art 53 should

be deleted. Se justification to article 53.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

Those time lim

its shall be without prejudice to any applicable

international agreem

ents relating

to the

use of

radio spectrum

and satellite coordination.

AT

(Com

ments):

Ok

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pril 2017

CO

MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

457 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

9. This Article is w

ithout prejudice to the transfer of rights of use for radio

spectrum

in accordance with

1 Article 51

of this Directive.

AT

(Com

ments):

Ok

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

458 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

CH

APTE

R III

DE

PLO

YM

ENT

AN

D U

SE O

F W

IRE

LESS

N

ETW

OR

K E

QU

IPME

NT

Article 55 ES

(Drafting):

DELETE

LT

(Drafting):

Article 55

LT

(Com

ments):

Access to radio local area netw

orks deployment and use are not

proportionate and not clear why they are needed? A

ccess to radio local area netw

ork and small-area w

ireless points are in

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

459 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

most cases used w

ithout licenses, use of those are regulated via EC

decision on short range devices. Therefore, such issue does not pose any requirem

ent for action. Besides, such regulation

was in the TSM

, but was deleted during negotiations as

inappropriate.


orks ES

(Drafting):

DEL

ETIO

N

AT

(Com

ments):

We have no problem

with the regulation in this article, but w

e do not see the added value. Sim

ilar regulations are applied already.

UK

(Com

ments):

It is unclear what the C

omm

ission are trying to achieve with

this Article. In the U

K and other M

ember States there is no

comm

ercial barrier and this is a comm

ercial matter, w

ith many

Wi-Fi services already existing. W

e are concerned that this could have unintended consequences for both ISP’s and end-users in relation to security. A

t the Council W

orking Group

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

460 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Meeting the C

omm

ission even gave examples of w

here this happens in the EU

, including in Brussels. The C

omm

ission’s justification for introducing in legislation w

as that “it already happens so seem

s a good idea to bring into the Framew

ork.” Legislation should only be used as an enabler not as retrospective action for som

ething that already happens successfully.

LT

(Drafting):


orks

H

U

(Com

ments):

TH

IS PRO

VISIO

N R

EFERS TO

A C

ERTA

IN R

AD

IOA

PPLICA

TION, IN

W

HIC

H

HA

RM

ON

ISED

TECH

NIC

AL

REQ

UIR

EMEN

TS A

RE

ALSO

R

EGU

LATED. T

HIS PR

OPO

SAL SH

ALL N

OT B

E INC

LUD

ED A

MO

NG

TH

E FR

AM

EWO

RK

R

EGU

LATIO

NS ,

WH

ICH

PR

ESCR

IBE

GEN

ERA

L O

BJEC

TIVES ,

TASK

S A

ND

O

BLIG

ATIO

NS

FOR

TH

E M

EMB

ER

STA

TES.

IT SHO

ULD

RESU

LT FRO

M TH

E SCO

PE OF TH

E DIR

ECTIV

E, WH

EN

CER

TAIN

PRO

VISIO

NS SH

ALL N

OT B

E APPLIC

AB

LE FOR

CER

TAIN

A

PPLICA

TION

S.

1. Com

petent authorities shall allow the provision of access

through radio local area networks to a public com

munications

network as w

ell as the use of the harmonised radio spectrum

for that provision, subject only to applicable general authorisation

ES

(Drafting):

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

461 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

conditions. D

elete

ES

(Com

ments):

WE D

ON

,T SEE THE N

ECESSITY

OF TH

IS AR

TICLE.

AT

(Com

ments):

SE

(Drafting):

1. Com



munications

network as w


for that provision, subject only to applicable general authorisation to use radio spectrum

conditions.

SE

(Com

ments):

In order

to clearly

state that

the m

eaning is



of use.

See also

proposal for

an added

definition on

general

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

462 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

authorisation to use radio spectrum. (not provided in this

document).

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

LT

(Drafting):

1. Com



munications

network as w


for that provision, subject only to applicable general authorisation conditions.

Where that provision is not com

mercial in character or is

ancillary to another comm

ercial activity or public service which

is not

dependent on

the conveyance

of signals

on those

networks,

any undertaking,

public authority

or end-user

providing such access shall not be subject to any general authorisation for the provision of electronic com

munications





is not

dependent on

the conveyance

of signals

on those

networks,

any undertaking,

public authority

or end-user


munications

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

463 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

networks or services pursuant to A

rticle 12, to obligations regarding end-users rights pursuant to Title III of Part III of this D

irective nor to obligations to interconnect their networks

pursuant to Article 59 (1).





UK

(Drafting):

DELETE this PA

RA

GR

APH

UK

(Com

ments):

There should be no differentiation between com

mercial and

non-comm

ercial. Any differentiation could lead to legal

challenge by comm

ercial operators.

LT

(Drafting):





is not

dependent on

the conveyance

of signals

on those

networks,

any undertaking,

public authority

or end-user


munications





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CO

MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

464 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Drafting):

FR

(Drafting):




ercial activity or public service w

hich is not dependent on the conveyance of signals on those netw

orks, any undertaking, public authority or end-user providing such access shall not be subject to any general

authorisation for

the provision

of electronic

comm

unications networks or services pursuant to A

rticle 12, to obligations regarding end-users rights pursuant to T

itle III of Part III of this Directive nor to obligations to

interconnect their networks pursuant to A

rticle 59 (1).

SK

(Com

ments):

We have concerns regarding the proposal to exclude the

provision of non-comm

ercial or only ancillary access through R

LAN

to public comm

unication networks from

the general authorisation regim

e, as this will in effect m

ean that the providers

in question

will

not have

obligations regarding

maintaing integrity and security of netw

orks, etc. This can in turn have negative im

pact especially on end-users.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

465 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

2. Com

petent authorities shall not prevent providers of public com

munications

networks

or publicly

available electronic

comm

unications services

from

allowing

access to

their netw

orks to the public, through radio local area networks,

which m

ay be located at an end-user's premises, subject to

compliance w

ith the applicable general authorisation conditions and the prior inform

ed agreement of the end-user.

ES

(Drafting):

Delete

2. Com


munications

networks

or publicly


comm

unications services

from

allowing

access to

their netw


which m


compliance w



SE

(Drafting):

2. Com


munications

networks

or publicly


comm

unications services

from

allowing

access to

their netw


which m


compliance w

ith the applicable general authorisation to use radio spectrum

conditions and the prior informed agreem

ent of the end-user.

SE

(Com

ments):

In order

to clearly

state that

the m

eaning is



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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

466 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

of use.

See also

proposal for

an added

definition on


. (not provided in this docum

ent).

IT

(Drafting):

2. Com


munications

networks

or publicly


comm

unications services

from

allowing

access to

their netw


which m


compliance w



Those providers

are responsible

for the

compliance

of conditions of the general authorizations. End-users m

ay not receive direct m

onetary compensations.

IT

(Com

ments):

Should be

verified

which

are the

conditions, eventually

comm

ercial, that private users have to respect when offering

access, their responsibility to the end user and the public netw

ork operator and their responsibility in terms of end-user

identification and lawful interception.

The end user must not becom

e a ISP does cannot receive any

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

467 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

kind of direct compensation.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

LT

(Drafting):

2. Com


munications

networks

or publicly


comm

unications services

from

allowing

access to

their netw


which m


compliance w



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pril 2017

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

468 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

3. In

line in

particular w

ith A

rticle 3(1)

of R

egulation 2015/2120 of the European Parliam

ent and of the Council, 13

competent authorities shall ensure that providers of public

comm

unications netw

orks or

publicly available

electronic com

munications services do not unilaterally restrict:

ES

(Drafting):

Delete

CZ

(Com

ments):

Question: Is it the intention to require this from

all ECS

providers, including the NIC

S (number-independent EC

S)?

3. In

line in

particular w

ith A

rticle 3(1)

of R




comm

unications netw

orks or

publicly available

electronic com


UK

(Drafting):

13 R

egulation (EU) 2015/2120 of the European Parliam

ent and of the Council of 25 N

ovember 2015 laying dow

n measures concerning open internet access and am

ending Directive

2002/22/EC on universal service and users’ rights relating to electronic com

munications netw

orks and services and Regulation (EU

) No 531/2012 on roam

ing on public mobile

comm


ithin the Union, O

J L 310, 26.11.2015, p. 1 14 R





ending Directive


munications netw


) No 531/2012 on roam


comm


ithin the Union, O

J L 310, 26.11.2015, p. 1

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

469 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Recom

mend follow

ing changes and to be moved to recitals:

3. In line in particular with A

rticle 3(1) of Regulation

2015/2120 of the European Parliament and of the C

ouncil, 15 com

petent authorities shall should ensure that providers of public com

munications netw

orks or publicly available electronic com


UK

(Com

ments):

Too prescriptive for these provisions and may be counter-

productive

LT

(Drafting):

3. In

line in

particular w

ith A

rticle 3(1)

of R




comm

unications netw

orks or

publicly available

electronic com


15 R





ending Directive


munications netw


) No 531/2012 on roam


comm


ithin the Union, O

J L 310, 26.11.2015, p. 1 16 R





ending Directive


munications netw


) No 531/2012 on roam


comm


ithin the Union, O

J L 310, 26.11.2015, p. 1

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

470 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

FR

(Drafting):

FR

(Drafting):

3. In line in particular with A

rticle 3(1) of Regulation

2015/2120 of

the E

uropean Parliam

ent and

of the

Council,17

competent

authorities shall

ensure that

providers of public comm

unications networks or publicly


comm

unications services

do not

unilaterally restrict:

a) the right of end-users to accede to radio local area networks

of their choice provided by third parties; ES

(Drafting):

Delete

CZ

(Com

ments):

Question: Is the purpose to ensure that (m

obile) operators do

17 R





ending Directive


munications netw


) No 531/2012 on roam


comm


ithin the Union, O

J L 310, 26.11.2015, p. 1

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

471 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

not hinder users from access via w

ifi?


of their choice provided by third parties;

IT

(Drafting):

a) the right possibility of end-users to accede to radio local area netw

orks of their choice provided by third parties;

UK

(Drafting):

Move to R

ecitals

LT

(Drafting):


of their choice provided by third parties;

FR

(Drafting):

FR

(Drafting):

a) the right of end-users to accede to radio local area

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CO

MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

472 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

networks of their choice provided by third parties;

b) the right of end-users to allow reciprocally or m

ore generally access to the netw

orks of such providers by other end-users through radio local area netw

orks, including on the basis of third-party

initiatives w

hich aggregate

and m

ake publicly

accessible the radio local area networks of different end-users.

ES

(Drafting):

Delete

CZ

(Drafting):

b) the right of end-users to allow on strictly non-com

mercial

basis reciprocally or more generally access to the netw


orks, including on the basis of third-party initiatives which

aggregate and make publicly accessible the radio local area

networks of different end-users.

CZ

(Com

ments):

Question: W

hat is the purpose of the provision? What are the

arguments for the proportionality of such a requirem

ent?





initiatives w

hich aggregate

and m

ake publicly


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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

473 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

IT

(Drafting):

b) the ight possibility of end-users to allow reciprocally or m



orks, including on the basis

of third-party

initiatives w

hich aggregate

and m

ake publicly accessible the radio local area netw

orks of different end-users.

IT

(Com

ments):

This specific provision appears to be very strong; it could be based on a voluntary approach.

UK

(Drafting):

DELETE this PA

RA

GR

APH

UK

(Com

ments):

This may cause concern around security issues for ISP’s and

end-users. Also, causes concern for current com

mercial

arrangements in the U

K

LT

EECC


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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

474 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):





initiatives w

hich aggregate

and m

ake publicly


FR

(Drafting):

FR

(Drafting):




orks, including on the basis of third-party initiatives w

hich aggregate and m

ake publicly accessible the radio local area networks of

different end-users.

To that end, providers of public comm

unications networks or

publicly available electronic comm

unications services shall m

ake available and actively offer, clearly and transparently, products or specific offers allow

ing its end-users to provide access to third parties through a radio local area netw

ork.

ES

(Drafting):

Delete

CZ

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MM

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S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

475 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Drafting):







ork.

CZ

(Com

ments):

The CZ sees such requirem

ent as disproportionate.

We consider cases w

here a provider offers a new connection

via optic fibre to a building and only one end user takes up the offer and than shares the connectivity w

ith all other residents (and neighbouring buildings) via w

i-fi.







ork.

LV

(Drafting):





ake available and actively offer, clearly and transparently, inform

ation on products or specific offers allowing its end-

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pril 2017

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MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

476 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

users to provide access to third parties through a radio local area netw

ork.

LV

(Com

ments):

The obligation to actively offer products or specific offers is too burdensom

e and should be excluded.

UK

(Drafting):

DELETE

LT

(Drafting):







ork.

FR

(Drafting):

FR

(Drafting):

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

477 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

To that end, providers of public com

munications netw

orks or publicly available electronic com


shall m

ake available

and actively

offer, clearly

and transparently, products or specific offers allow


ork.

4. Com

petent authorities shall not restrict the right of end-users to allow

reciprocally or more generally access to their radio

local area networks by other end-users, including on the basis

of third-party initiatives which aggregate and m

ake the radio local area netw

orks of different end-users publicly accessible.

ES

(Drafting):

Delete

4. Com







UK

(Drafting):

DELETE

UK

(Com

ments):

This may cause concern around security issues for ISP’s and

end-users. Also, causes concern for current com

mercial

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

478 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

arrangements in the U

K

LT

(Drafting):

4. Com







5. Com

petent authorities shall not restrict the provision of access to radio local area netw

orks to the public: ES

(Drafting):

Delete

CZ

(Com

ments):

Paragraph 5 seems not necessary. W

e think that it is covered by para 4.

5. Com


orks to the public:

UK

(Drafting):

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

479 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Recom

mend follow

ing changes and move to recitals:

5. Com

petent authorities shall should not restrict the provision of access to radio local area netw

orks to the public:

UK

(Com

ments):

Unclear w

hat the Com

mission are trying to achieve w

ith this paragraph. Should be m

oved to recitals

LT

(Drafting):

5. Com


orks to the public:

(a) by public authorities on or in the imm

ediate vicinity of prem

ises occupied

by such

public authorities,

when

that provision is ancillary to the public services provided on those prem

ises;

ES

(Drafting):

Delete



ises occupied

by such

public authorities,

when


ises;

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

480 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

Move to R

ecitals

LT

(Drafting):



ises occupied

by such

public authorities,

when


ises;

(b) by initiatives of non-governmental organisations or public

authorities to

aggregate and

make

reciprocally or

more

generally accessible the radio local area networks of different

end-users, including, where applicable, the radio local area

networks to w

hich public access is provided in accordance with

point (a).

ES

(Drafting):

Delete


authorities to

aggregate and

make

reciprocally or

more



networks to w


point (a).

UK

(Drafting):

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

481 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Move to R

ecitals

LT

(Drafting):


authorities to

aggregate and

make

reciprocally or

more



networks to w


point (a).

Article 56 SE

(Drafting):

Deleted

LT

(Drafting):

Article 56

Deploym

ent and operation of small-area w

ireless access points

AT

(Com

ments):

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

482 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

We have no objection against this article, sim

ilar regulations are already discussed w

ithin the framew

ork of the national telecom

munications law

.

SE

(Drafting):

Deleted

SE

(Com

ments):

There is no need to regulate deployment and operation of sm

all-area w

ireless access points.

UK

(Com

ments):

The Com

mission proposes to allow

small area w

ireless access points to be deployed and operated at any locations provided it is in accordance w

ith the technical characteristics set out by the C

omm

ission – this appears to encroach on Mem

ber State com

petence and ignores the principle of subsidiarity. We,

therefore, cannot support this article

LT

(Drafting):

Deploym

ent and operation of small-area w

ireless access

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

483 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

points

1. C

ompetent

authorities shall

allow

the deploym

ent, connection and operation of unobtrusive sm

all-area wireless

access points under the general authorisation regime and shall

not unduly restrict that deployment, connection or operation

through individual town planning perm

its or in any other way,

whenever

such use

is in

compliance

with

implem

enting m

easures adopted pursuant to paragraph 2. The small-area

wireless access points shall not be subject to any fees or

charges going beyond the administrative charge that m

ay be associated to the general authorisation in accordance w

ith A

rticle 16.

1. C

ompetent

authorities shall

allow

the deploym


all-area wireless





whenever

such use

is in

compliance

with

implem

enting m





ith A

rticle 16.

HU

(Com

ments):

TH

ERE IS A

N A

LREA

DY

WELL-FU

NC

TION

ING

PRO

CESS FO

R TH

E H

AR

MO

NISA

TION

OF TEC

HN

ICA

L CH

AR

AC

TERISTIC

S . TH

EREFO

RE

IN

OU

R

OPIN

ION

IT

IS N

OT

NEC

ESSAR

Y

TO

HIG

HLIG

HT

THE

REG

ULA

TION

C

ON

CER

NIN

G

THE

MA

XIM

UM

SIZE,

POW

ER, ELEC

TRO

MA

GN

ETIC C

HA

RA

CTER

ISTICS , V

ISUA

L IMPA

CT O

F THE

DEPLO

YED

SMA

LL -AR

EA W

IRELESS A

CC

ESS POIN

TS AN

D LIFT IT

INTO

THE FR

AM

EWO

RK

DIR

ECTIV

E .

SE

(Drafting):

Deleted

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

484 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Com

ments):

There is no need to regulate deployment and operation of sm

all-area w

ireless access points.

To sepcfically address that this is allowed m

ight suggest that any other thing that is not specifically allow

ed might be

prohibited.

IT

(Drafting):

1. C

ompetent

authorities M

ember

States shall

allow

the deploym

ent, connection and operation of unobtrusive small-

area wireless access points under the general authorisation

regime

and shall

not unduly

restrict that

deployment,

connection or

operation through

individual tow

n planning

permits

or in

any other

way,

whenever

such use

is in

compliance w

ith implem

enting measures adopted pursuant to

paragraph 2. The small-area w

ireless access points shall not be subject to any fees or charges going beyond the adm

inistrative charge that m


ith Article 16.

IT

(Com

ments):

Mem

ber States instead of Com

petent authorities could give m

ore strength if connected with the concept of tow

n planning.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

485 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

Nevertheles it m

ust be considered the independence of local com

munities/entities thus possible conflicts rising from

this provision.

UK

(Drafting):

DELETE

LT

(Drafting):

1. C

ompetent

authorities shall

allow

the deploym


all-area wireless





whenever

such use

is in

compliance

with

implem

enting m





ith A

rticle 16.

This paragraph is without prejudice to the authorisation regim

e for the radio spectrum

employed to operate sm

all-area wireless

access points.




all-area wireless

access points.

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MM

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

486 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

SE

(Drafting):

Deleted

SE

(Com

ments):

Not necessary.

UK

(Drafting):

DELETE

LT

(Drafting):




all-area wireless

access points.

2. In order to ensure the uniform im

plementation of the general

authorisation regim

e for

the deploym

ent, connection

and operation of sm

all-area wireless access points, the C

omm

ission m

ay, by means of an im

plementing act, specify technical

characteristics for the design, deployment and operation of

ES

(Drafting):

Delete

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CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

487 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

small-area w

ireless access points, which shall at a m

inimum

com


ents of Directive 2013/35/EU

18 and take

account of

the thresholds

defined in

Council

Recom

mendation N

o 1999/519/EC. 19 The C

omm

ission shall specify

those technical

characteristics by

reference to

the m

aximum

size, power and electrom

agnetic characteristics, as w

ell as the visual impact, of the deployed sm

all-area wireless

access points. Com

pliance with the specified characteristics

shall ensure

that sm

all-area w

ireless access

points are

unobtrusive when in use in different local contexts.

ES

(Com

ments):

WE D

ON

,T SEE THE A

DD

ED V

ALU

E OF TH

ESE IMPL.

POW

ERS

CZ

(Drafting):

delet e this paragpraph if no specific aim is explained and

agreed

CZ

(Com

ments):

We think that w

e should rely on standardization here. Such design should also be open to continuous innovation.

Question: H

as the EC a specific case/aim

for this provision?



authorisation regim

e for

the deploym

ent, connection

and operation of sm


omm

ission m



18

Directive 2013/35/EU


ouncil of 26 June 2013 on the minim

um health and safety requirem

ents regarding the exposure of workers to

the risks arising from physical agents (electrom

agnetic fields) (20th individual Directive w

ithin the meaning of A

rticle 16(1) of Directive 89/391/EEC

) and repealing D

irective 2004/40/EC (O

J L 179, 29.6.2013, p. 1). 19

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59).

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pril 2017

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

488 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N


small-area w


inimum

com



20 and take

account of

the thresholds

defined in

Council

Recom

mendation N

o 1999/519/EC. 21 The C

omm


those technical

characteristics by

reference to

the m

aximum




all-area wireless

access points. Com


shall ensure

that sm

all-area w

ireless access

points are


HU

(Com

ments):

WE PR

OPO

SE TO D

ELETE THIS PA

RA

GR

APH

IN LIN

E WITH

OU

R

GEN

ERA

L REM

AR

KS O

N IM

PLEMEN

TING

MEA

SUR

ES.

SE

(Drafting):

Deleted

SE

20










) and repealing D


J L 179, 29.6.2013, p. 1). 21

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59).

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

489 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

(Com

ments):

There is no need for the Com

mission to adopt im

pelmenting

measures on this. This is also too detailed.

PL

(Drafting):



authorisation regim

e for

the deploym

ent, connection

and operation of sm


omm

ission m

ay, by means of recom

mendations an im

plementing act,

specify technical characteristics for the design, deployment and

operation of small-area w

ireless access points, which shall at a

minim

um

comply

with

the requirem

ents of

Directive

2013/35/EU22 and take account of the thresholds defined in

Council R

ecomm


. 23 The Com

mission

may in line w

ith technological neutrality principle shall specify those technical characteristics by reference to the m

aximum

size, pow

er and electromagnetic characteristics, as w

ell as the visual

impact, of the

deployed small-area w

ireless access points. C

ompliance w

ith the specified characteristics shall

ensure that small-area w

ireless access points are unobtrusive w

hen in use in different local contexts.

22










) and repealing D


J L 179, 29.6.2013, p. 1). 23

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59).

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pril 2017

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

490 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

PL

(Com

ments):

Poland oposes to enabling the European Com

mission, by m

eans of im

plementing act, to designate technical specifications for

the design,

implem

entation and

operation of

short-range w

ireless access points as well as as visual im

pact of the deployed sm

all-area wireless access points. Poland w

ould like to indicate that those provisions have to be in line w

ith technological neutrality principle.

IT

(Drafting):



authorisation regim

e for

the deploym

ent, connection

and operation of sm


omm

ission m




small-area w


inimum

com



and take

account of

the thresholds

defined in

Council

Recom

mendation N

o 1999/519/EC. The C

omm


those technical

characteristics by

reference to

the m

aximum




all-area wireless

access points. Com


shall ensure

that sm

all-area w

ireless access

points are


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CO

MM

ENT

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R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

491 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

UK

(Drafting):

DELETE

UK

(Com

ments):

It should not be for the Com

mission to define the technical

characteristics of a small area netw

ork access point. This encroaches on M

ember State com

petence and ignores the principles of subsidiarity.

LT

(Drafting):



authorisation regim

e for

the deploym

ent, connection

and operation of sm


omm

ission m




small-area w


inimum

com



24 and

24










) and repealing D


J L 179, 29.6.2013, p. 1).

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pril 2017

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

492 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

take account

of the

thresholds defined

in C

ouncil R

ecomm


. 25 The Com

mission shall

specify those

technical characteristics

by reference

to the

maxim

um size, pow

er and electromagnetic characteristics, as

well as the visual im

pact, of the deployed small-area w

ireless access points. C

ompliance w

ith the specified characteristics shall

ensure that

small-area

wireless

access points

are unobtrusive w

hen in use in different local contexts.

FR

(Drafting):

FR

(Drafting):



authorisation regim

e for

the deploym

ent, connection

and operation of sm


omm

ission m




small-area w


inimum

com



26 and

25

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59). 26










) and repealing D


J L 179, 29.6.2013, p. 1).

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pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

493 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

take account

of the

thresholds defined

in C

ouncil R

ecomm


. 27 The Com

mission shall

may specify those technical characteristics by reference to the

maxim

um size, pow

er and electromagnetic characteristics, ,

taking utmost account of the O

pinion from R

SPG on

spectrum m

atters as well as the visual im

pact, of the deployed sm

all-area w

ireless access

points. C

ompliance

with

the specified characteristics shall ensure that sm

all-area wireless

access points are unobtrusive when in use in different local

contexts.

This im

plementing act shall be w

ithout prejudice of existing m

easures taken by Mem

ber states to inform the population

or mitigate its exposure to electrom

agnetic fields or to ensure coordination process betw

een spectrum users

FR (C

omm

ents): FR (C

omm

ents): Justification: L’essor de la 5G

passera dans les bandes hautes (au-dessus de 24 G

Hz en particulier) par le déploiem

ent des petites cellules y com

pris en indoor. La Com

mission propose un

article dédié sur les petites cellules. Le pouvoir que la C

omm

ission entend se donner pour définir les caractéristiques techniques des petites cellules a un im

pact éventuel sur le seuil utilisé en CO

MSIS pour l’accord AN

FR ou l’enregistrement

27

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59).

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

494 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

d’une station dans STATION

S. Le RSPG pourrait ém

ettre des recom

mandations am

ont afin d’éviter de la laisser seule force de proposition des conditions techniques. Le RSPG

peut recomm

ander des dispositions techniques tout en respectant les cadres nationaux en place pour l’inform

ation et la concertation.

Justification : il faut permettre la préservation des politiques

publiques de

protection des

populations contre

les rayonnem

ents électromagnétiques et la politique publique de

coordination près des voies ferrées.

The technical

characteristics specified

in order

for the

deployment, connection and operation of sm

all-area wireless

access point to benefit from paragraph 1 shall be w

ithout prejudice

to the

essential requirem

ents of

Directive

2014/53/EU. 28

The technical


in order

for the


all-area wireless


ithout prejudice

to the

essential requirem

ents of

Directive

2014/53/EU. 29

SE

28



ouncil of 16 April 2014 on the harm

onisation of the laws of the M

ember States relating to the m

aking available on the m

arket of radio equipment and repealing D


J L 153, 22.5.2014, p.62) 29









J L 153, 22.5.2014, p.62)

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N

(Drafting):

Deleted

UK

(Drafting):

DELETE

LT

(Drafting):

The technical


in order

for the


all-area wireless


ithout prejudice

to the

essential requirem

ents of

Directive

2014/53/EU. 30

Those implem

enting acts shall be adopted in accordance with

the examination procedure referred to in A

rticle 110(4). Those im

plementing acts shall be adopted in accordance w

ith the exam

ination procedure referred to in Article 110(4).

SE

(Drafting):

30









J L 153, 22.5.2014, p.62)

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N

Deleted

UK

(Drafting):

DELETE

UK

(Com

ments):

DELETE

LT

(Drafting):

Those implem

enting acts shall be adopted in accordance with

the examination procedure referred to in A

rticle 110(4).

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N

CH

APTE

R II

AC

CE

SS A

ND

INT

ERC

ON

NEC

TION

Article 59

Powers and responsibilities of the national regulatory

authorities with regard to access and interconnection

AT

(Com

ments):

In principle, we have no problem

with the regulation in this

article; similar regulations are currently being discussed w

ithin the fram

ework of the national telecom

munications law

. In principle, any m

easure should also be examined w

ith regard to the

effects on

competition.

The obligatory

publication of

information regarding telecom

munications infrastructure has

always

met

broad rejection

at national

level from

larger

operators.

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N

1. National regulatory authorities shall, acting in pursuit of the

objectives set

out in

Article

3 ,

encourage and

where

appropriate ensure, in accordance with the provisions of this

Directive,

adequate access

and interconnection,

and the

interoperability of services, exercising their responsibility in a w

ay that promotes efficiency, sustainable com

petition, the

deployment

of very

high capacity

networks

, efficient

investment and innovation, and gives the m

aximum

benefit to end-users.

They shall provide guidance and make publicly

available the

procedures applicable

to gain

access and

interconnection to

ensure that

small

and m

edium-sized

enterprises and operators with a lim

ited geographical reach can benefit from

the obligations imposed.

HR

(Drafting):

Reserved

HR

(Com

ments):

Unnecessary burden for regulatory authority. W

e consider that operator`s

standard offers

which

contain detailed

interconnection conditions are sufficient.

In particular, without prejudice to m

easures that may be taken

regar ding undertakings

with

significant m

arket pow

er in

accordance with A

rticle 66, national regulatory authorities shall be able to im

pose:

(a) to the extent that is necessary to ensure end-to-end

connectivity, obligations on those

undertakings that

are subject to general authorisation

and that control

access to end-users, including in justified cases the obligation to interconnect their netw

orks where this is not already the case;

(b) in justified cases and to the extent that is necessary,

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N

obligations on those undertakings that are subject to general

authorisation and that control access to end-users to m

ake their services interoperable;

(c) in justified cases, obligations on providers of number-


unications services to make

their services interoperable, namely w

here access to emergency

services or

end-to-end connectivity

between

end-users is

endangered due

to a

lack of

interoperability betw

een interpersonal com

munications services.

(d) to the extent that is necessary to ensure accessibility

for end-users

to digital

radio and

television broadcasting

services specified

by the

Mem

ber State,

obligations on

operators to provide access to the other facilities referred to in A

nnex II, Part II on fair, reasonable and non-discriminatory

terms.

The obligations

referred to

in point

(c) of

the second

subparagraph may only be im

posed:

(i) to the extent necessary to ensure interoperability of

interpersonal com

munications

services and

may

include obligations relating to the use and im

plementation of standards

or specifications listed in Article 39(1) or of any other relevant

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N

European or international standards; and

(ii) where the C

omm

ission, on the basis of a report that it had requested from

BER

EC, has found an appreciable threat to

effective access

to em

ergency services

or to

end-to-end connectivity betw

een end-users within one or several M

ember

States or throughout the European Union and has adopted

implem

enting measures specifying the nature and scope of any

obligations that may be im

posed, in accordance with the


rticle 110(4).

2. National regulatory authorities shall im

pose obligations upon reasonable request to grant access to w

iring and cables inside buildings or up to the first concentration or distribution point w

here that point is located outside the building, on the owners

of such wiring and cable or on undertakings that have the right

to use such wiring and cables, w

here this is justified on the grounds that replication of such netw

ork elements w

ould be econom

ically inefficient

or physically

impracticable.

The access conditions im

posed may include specific rules on access,

transparency and non-discrimination and for apportioning the

costs of access, which, w

here appropriate, are adjusted to take into account risk factors.

HR

(Drafting):

Reserved

HR

(Com

ments):

We propose to delete the w

ords “upon reasonable request” or rew

rite the provision so that it does not state that NR

A`s can

impose sym

metric regulation only upon reasonable request.

National regulatory authorities m

ay extend to those owners or

undertakings the imposition of such access obligations, on fair

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N

and reasonable

terms

and conditions,

beyond the

first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address

insurmountable

economic

or physical

barriers to

replication in areas with low

er population density.

National regulatory authorities shall not im

pose obligations in accordance w

ith the second subparagraph where:

(a) a viable and similar alternative m

eans of access to end-users is m

ade available to any undertaking, provided that the access is offered on fair and reasonable term

s and conditions to a very high capacity netw

ork by an undertaking meeting the criteria

listed in Article 77 paragraphs (a) and (b); and

(b) in the case of recently deployed network elem

ents, in particular by sm

aller local projects, the granting of that access w

ould comprom

ise the economic or financial viability of their

deployment.

3. M

ember

States shall

ensure that

national regulatory

authorities have the power to im

pose on undertakings providing or authorised to provide electronic com

munications netw

orks obligations in relation to the sharing of passive or active infrastructure, obligations to conclude localised roam

ing access

CZ

(Com

ments):

We still do not know

why this parahraph is strictly linked to

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N

agreements, or the joint roll-out of infrastructures directly

necessary for the local provision of services which rely on the

use of spectrum, in com

pliance with U

nion law, w

here it is justified on the grounds that,

wireless technologies.

LV

(Drafting):

3. M

ember

States shall

ensure that

national regulatory



munications netw


ing access agreem

ents, or the joint roll-out of infrastructures directly necessary for the local provision of services w

hich rely on the use of spectrum

, in compliance w

ith Union law

, where it is

justified on the grounds that,

LV

(Com

ments):

Com

mon

network

rollout w

ill reduce

competition

and investm

ent. This

new

obligation ignores

strong on

infrastructure-based competition in the m

obile markets and

obligations that come w

ith assignment of radio frequency usage

rights (for a considerable price), which is contrary to the

principle of

legitimate

expectations. C

omm

on netw

ork deploym

ent should be based on voluntary basis, so Latvia proposes to delete paragraph 3 of article 59.

AT

(Com

ments):

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N

Many of the proposals on infrastructure sharing m

ade by the C

omm

ission under Art. 49 Par 2 and 59 Par 3 go very far.

Above all, the proposed m

echanism under A

rt 59 Par 3 should be review

ed; (e.g. a hierarchy shall be made am

ong the various form

s of sharing. From the less intrusive to the m

ost intrusive: sharing

of sites,

passive equipm

ent, active

equipment,

frequencies, roaming, etc.). Furtherm

ore, the concerned area is not clearly defined. W

hat might be proportionate in som

e areas does not have to be necessary or proportionate in all areas. A

w

ay to regulate infrastructure sharing could consist in obliging operators to agree to any reasonable dem

and of sharing. The refusal to grant access being subject to dispute resolution m

echanisms if necessary, the control of N

RA

s over sharing agreem

ents concluded by operators at their own initiative could

prove sufficient.

SE

(Drafting):

Deleted

SE

(Com

ments):

There is no clear need for the paragraph This is so particularly w

ith regard to the recently adopted directive 2014/61/EU.

This question is mainly reglated by directive 2014/61/EU

and w

ould most appropriately be discussed w

ithin a review of that

directive.

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N

There should not be any rules that could imply obligations

regarding national or local roaming.

PL

(Drafting):

Delate

Mem

ber States shall ensure that national regulatory authorities have

the pow

er to

impose

on undertakings

providing or

authorised to

provide electronic

comm

unications netw


ing access agreem


hich rely on the use of spectrum

, in compliance w

ith Union law

, where it is

justified on the grounds that,

PL

(Com

ments):

This regulation is redundant. Relevant m

arket - market 15 - has

been removed from

the recomm

endation of the European C

omm

ission, so it seems that there is no need to return this type

of regulation.

In Poland,

the national

roaming

service is

comm

ercially successful, and the UK

E CEO

is not reporting problem

s with operators w

ishing to operate in such a model

with access to netw

orks of mobile infrastructure operators. O

n the other hand, if there are any potential problem

s in the future, the R

egulator will alw

ays be able to carry out a market analysis

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N

and, if appropriate, to justify the need (eg. to demonstrate

compliance w

ith the 3 Criteria Test).

IT

(Drafting):

delete entire paragraph

IT

(Com

ments):

This part is not in the spectrum section but in the access

spectrum thus is not totally clear its nature and the related

obligations..

It should be cancelled or re formulated.

FR

(Drafting):

FR

(Drafting):

3. M

ember

States shall

ensure that

national regulatory



munications netw


ing access agreem


hich rely on the

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N

use of spectrum, in com

pliance with U

nion law, w

here it is justified on the grounds that,

FR

(Com

ments):

FR

(Com

ments):

Justification: Les autorités françaises ne sont pas opposées aux dispositions perm

ettant aux autorités de régulation nationales d’im

poser aux

opérateurs un

partage des

infrastructures m

obiles passives. De telles m

esures peuvent en effet contribuer à

accélérer la

couverture num

érique de

l’ensemble

du territoire.

En revanche, le partage d’éléments actifs im

plique des enjeux concurrentiels distincts, qu’il s’agirait d’exam

iner de façon plus approfondie.

(a) the replication of such infrastructure would be econom

ically inefficient or physically im

practicable, and LV

(Drafting):



practicable, and

SE

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507 PLEA

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MN

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CE

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END

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N

(Drafting):

Deleted

SE

(Com

ments):

See justification to the main paragraph 59.3.

PL

(Drafting):



practicable, and

(b) the connectivity in that area, including along its main

transport paths, would be severely deficient, or the local

population would be subjected to severe restrictions on choice

or quality of service, or on both.

LV

(Drafting):





SE

(Drafting):

Deleted

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N

SE

(Com

ments):

See justification to the main paragraph 59.3

PL

(Drafting):





National regulatory authorities shall have regard to:

ES

(Drafting):

National


could only

impose

such obligations if it had been previously advised (notified) in the auctions in w

hich the spectrum concerned had been granted and

shall have regard to:

ES

(Com

ments):

LEGA

L CER

TAIN

TY M

UST B

E PRO

TECTED

LV

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N

(Drafting):


SE

(Drafting):

Deleted

SE

(Com

ments):


PL

(Drafting):


(a) the need to maxim

ise connectivity throughout the Union and

in particular territorial areas; LV

(Drafting):

(a) the need to maxim


in particular territorial areas;

SE

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N

(Drafting):

Deleted

SE

(Com

ments):


PL

(Drafting):

a) the need to maxim


in particular territorial areas;

(b) the efficient use of radio spectrum;

LV

(Drafting):

(b) the efficient use of radio spectrum;

SE

(Drafting):

Deleted

SE

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N

(Com

ments):


PL

(Drafting):

b) the efficient use of radio spectrum;

(c) the

technical feasibility

of sharing

and associated

conditions; LV

(Drafting):

(c) the


of sharing

and associated

conditions;

SE

(Drafting):

Deleted

SE

(Com

ments):


PL

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N

(Drafting):

(c) the


of sharing

and associated

conditions;

(d) the state of infrastructure-based as well as service-based

competition;

LV

(Drafting):


competition;

SE

(Drafting):

Deleted

SE

(Com

ments):


PL

(Drafting):


competition;

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N

(e) the possibility to significantly increase choice and higher quality of service for end-users;

LV

(Drafting):


SE

(Drafting):

Deleted

SE

(Com

ments):


PL

(Drafting):


(f) technological innovation; LV

(Drafting):

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N

(f) technological innovation;

SE

(Drafting):

Deleted

SE

(Com

ments):


PL

(Drafting):

(f) technological innovation;

(g) the overriding need to support the incentive of the host to roll out the infrastructure in the first place.

LV

(Drafting):


SE

(Drafting):

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TH

E LEFT H

AN

D C

OL

UM

N

Deleted

SE

(Com

ments):


PL

(Drafting):


Such sharing,

access or

coordination obligations

shall be

subject to agreements concluded on the basis of fair and

reasonable term

s and

conditions. In

the event

of dispute

resolution, national regulatory authorities may inter alia im

pose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum

with the infrastructure host in

the relevant area.

LV

(Drafting):

Such sharing,

access or


shall be


reasonable term

s and

conditions. In

the event

of dispute




the relevant area.

SE

(Drafting):

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S, CO

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LLS OR

AM

END

TEXT IN

TH

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AN

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N

Deleted

SE

(Com

ments):


PL

(Drafting):

Such sharing,

access or


shall be


reasonable term

s and

conditions. In

the event

of dispute




the relevant area.

4. Obligations and conditions im

posed in accordance with

paragraph 1 ,2 and 3

shall be objective, transparent, proportionate and non-discrim

inatory, they

shall be im

plemented in accordance w

ith the procedures referred to in A

rticles 23, 32 and 33 . N

ational regulatory authorities shall assess the results of such obligations and conditions w

ithin five years from

the adoption of the previous measure adopted in

relation to

the sam

e operators

and w

hether it

would

be appropriate to w

ithdraw or am

end them in the light of evolving

conditions. N

ational regulatory

authorities shall

notify the

outcome of their assessm

ent in accordance with the sam

e

LV

(Drafting):

43. Obligations and conditions im

posed in accordance with

paragraph 1 and ,2 and 3

shall be objective, transparent, proportionate and non-discrim

inatory, they

shall be im

plemented in accordance w

ith the procedures referred to in A

rticles 23, 32 and 33 . N

ational regulatory authorities shall assess the results of such obligations and conditions w

ithin five years from

the adoption of the previous measure adopted in

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517 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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N

procedures .

relation to

the sam

e operators

and w

hether it

would

be appropriate to w

ithdraw or am

end them in the light of evolving

conditions. N

ational regulatory

authorities shall

notify the

outcome of their assessm

ent in accordance with the sam

e procedures

.

5. With regard to access and interconnection referred to in

paragraph 1, Mem

ber States shall ensure that the national regulatory authority is em

powered to intervene at its ow

n initiative w

here justified in order to secure the policy objectives of A

rticle 3 , in accordance with the provisions of this D

irective and the procedures referred to in A

rticles 23 and 32, 26 and 27 .

LV

(Drafting):

45. With regard to access and interconnection referred to in

paragraph 1, Mem

ber States shall ensure that the national regulatory authority is em

powered to intervene at its ow

n initiative w

here justified in order to secure the policy objectives of A

rticle 3 , in accordance with the provisions of this D

irective and the procedures referred to in A

rticles 23 and 32, 26 and 27 .

6. By [entry into force plus 18 m

onths] in order to contribute to a consistent definition of the location of netw

ork termination

points by national regulatory authorities, BER

EC shall, after

consulting stakeholders and in close cooperation with the

Com

mission, adopt guidelines on com

mon approaches to the

identification of the network term

ination point in different netw

ork topologies. National regulatory authorities shall take

utmost account of those guidelines w

hen defining the location of netw

ork termination points.

LV

(Drafting):

56. By [entry into force plus 18 m


ork termination


EC shall, after


Com






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K, L

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518 PLEA

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NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

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MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

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N



ork termination points.

PL

(Drafting):

Delate

. By [entry into force plus 18 m


ork termination


EC shall, after


Com








ork termination points

PL

(Com

ments):

Poland is of the opinion that such a definition is currently well

established on a national level and there is no need for a general pan-EU

harmonization.

AN

NEX

I

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K, L

T, FR and SK

519 PLEA

SE DO

NO

T AD

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R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

LIST O

F CO

ND

ITION

S WH

ICH

MA

Y BE

ATT

AC

HED

TO

GE

NE

RA

L AU

TO

RISA

TIO

NS, R

IGH

TS

OF U

SE OF R

AD

IO SPE

CT

RU

M A

ND

RIG

HT

S TO

USE

NU

MBE

RS

SE

(Drafting):

LIST O

F CO

ND

ITIO

NS W

HIC

H M

AY

BE A

TTA

CH

ED

TO

G

EN

ERA

L

AU

THO

RISA

TIO

NS

RIG

HT

S T

O

OF

USE

OF R

AD

IO SPE

CT

RU

M A

ND

RIG

HT

S TO

USE

NU

MBE

RS

SE

(Com

ments):

A m





Editorial correction

The conditions listed in this Annex provide the m

aximum

list of conditions w

hich may be attached to general authorisations

for electronic comm

unications networks and services, except

number-independent

interpersonal com

munications

services , (Part A

), electronic com

munications netw

orks (Part B

), electronic comm

unications services, except number-


unications services, (Part C)

rights to use radio frequencies (Part D

) and rights to use num

bers (Part E)

SE

(Drafting):

The conditions listed in this Annex provide the m

aximum

list of conditions w

hich may be attached to general authorisations to

use radio

spectrum

and general

authorisation for

electronic com

munications

networks

and services,

except num

ber-independent interpersonal

comm

unications services

, (Part A),

electronic comm

unications networks

(Part B), electronic com

munications services, except num

ber-

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CE

LLS OR

AM

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N


unications services, (Part C)

rights to use radio spectrum

frequencies (Part D) and rights to

use numbers (Part E)

SE

(Com

ments):






See also

proposal for

an added

definition on



ent).

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

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, AT, SE, PL, IT, U

K, L

T, FR and SK

521 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

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AN

D C

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N

A.

GEN

ERA

L C

ON

DIT

ION

S WH

ICH

MA

Y BE A

TTA

CH

ED

TO A

GEN

ERA

L AU

THO

RISA

TIO

N

1. Adm

inistrative charges in accordance with A

rticle 16 of this D

irective. U

K

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

2. Personal data and privacy protection specific to the electronic com

munications

sector in

conformity

with

Directive

2002/58/EC of the European Parliam

ent and of the Council

(Directive on privacy and electronic com

munications) 31

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

31

OJ L 201, 31.7.2002, p. 37.

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K, L

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522 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

No com

ments

3. Information to be provided under a notification procedure in

accordance with A

rticle 12 of this Directive and for other

purposes as included in Article 21 of this D

irective.

4. Enabling

of legal

interception by

competent

national authorities in conform

ity with

1 Directive 2002/58/EC

and Directive 95/46/EC

of the European Parliament and of the

Council of 24 O

ctober 1995 on the protection of individuals w

ith regard to the processing of personal data and on the free m

ovement of such data

32.

5. Terms of use for com

munications from

public authorities to the general public for w

arning the public of imm

inent threats and for m

itigating the consequences of major catastrophes.

6. Terms of use during m

ajor disasters or national emergencies

to ensure comm

unications between em

ergency services and authorities.

32

OJ L 281, 23.11.1995, p. 31.

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K, L

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523 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

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N

7. A

ccess obligations

other than

those provided

for in

Article 13 of this D

irective applying to undertakings providing electronic com

munications netw

orks or services.

8. Measures designed to ensure com

pliance with the standards

and/or specifications referred to in Article 39 .

9. Transparency obligations on public comm

unications network

providers providing

electronic com

munications

services available to the public to ensure end-to-end connectivity, in conform

ity with the objectives and principles set out in A

rticle 3 and, w

here necessary and proportionate, access by national regulatory authorities to such inform

ation needed to verify the accuracy of such disclosure.

B. SPECIFIC

CO

ND

ITIO

NS W

HIC

H M

AY

BE A

TTA

CH

ED T

O A

G

ENER

AL

AU

THO

RISA

TION

FO

R

THE

PRO

VISIO

N

OF

ELEC

TRO

NIC

CO

MM

UN

ICA

TIO

NS N

ETW

OR

KS

1.

Interconnection of

networks

in conform

ity w

iththis

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524 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

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D C

OL

UM

N

Directive .

2. ‘Must carry’ obligations in conform

ity with this D

irective .

3. Measures

for the protection of public health against

electromagnetic fields caused by electronic com

munications

networks in accordance w

ith U

nion law

, taking

utmost

account of

Council

Recom

mendation

No

1999/519/EC

.

UK

(Drafting):

No recom

mended C

ahnges

UK

(Com

ments):

No com

ments

4. Maintenance of the integrity of public com

munications

networks

in accordance

with this

Directive

including

by conditions to prevent electrom

agnetic interference between

electronic com

munications

networks

and/or services

in accordance w

ith Council D

irective 89/336/EEC of 3 M

ay 1989 on the approxim

ation of the laws of the M

ember States relating

to electromagnetic com

patibility33.

33

OJ L 139, 23.5.1989, p. 19. D

irective as last amended by D

irective 93/68/EEC (O

J L 220, 30.8.1993, p. 1).

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525 PLEA

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NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

5. Security of public networks against unauthorised access

according to Directive 2002/58/EC

(Directive on Privacy and

electronic comm

unications).

6. C

onditions for

the use

of radio

spectrum

, in

conformity w

ith Article 7(2) of D

irective 2014/53/EU, w

here such use is not m

ade subject to the granting of individual rights of use in accordance w

ith Articles 46(1)

and 48 of this

Directive.

7. Transparency obligations on public comm

unications network

providers providing

electronic com

munications

services available to the public to ensure end-to-end connectivity, in conform

ity with the objectives and principles set out in A

rticle 3 and, w

here necessary and proportionate, access by national regulatory authorities to such inform

ation needed to verify the accuracy of such disclosure.

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MM

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

526 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

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D C

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UM

N

C. SPECIFIC

CO

ND

ITIO

NS W

HIC

H M

AY

BE A

TTA

CH

ED

TO

A

GEN

ERA

L A

UTH

OR

ISATIO

N

FOR

TH

E PR

OV

ISION

O

F EL

ECTR

ON

IC C

OM

MU

NIC

AT

ION

S SER

VIC

ES, EX

CEPT N

UM

BER-

IND

EPEND

EN

T IN

TER

PERSO

NA

L C

OM

MU

NIC

AT

ION

S SER

VIC

ES

1. Interoperability of services in conformity w

ith this Directive.

2. Accessibility by end users of num

bers from the national

numbering plan, num

bers from the U

niversal International Freephone N

umbers and, w

here technically and economically

feasible, from num

bering plans of other Mem

ber States, and conditions in conform

ity with this D

irective .

3. C

onsumer

protection rules

specific to

the electronic

comm

unications sector.

4. Restrictions in relation to the transm

ission of illegal content, in accordance w

ith Directive 2000/31/EC

of the European Parliam

ent and of the Council of 8 June 2000 on certain legal

aspects of information society services, in particular electronic

comm

erce, in the internal market and restrictions in relation to

the transm

ission of

harmful

content in

accordance w

ith

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K, L

T, FR and SK

527 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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N


of the European Parliament and of the

Council .

D. C

ON

DITIO

NS W

HIC

H M

AY

BE AT

TA

CH

ED

TO

RIG

HT

S OF U

SE

FOR

RA

DIO

SPEC

TRU

M

SE

(Drafting):

D. C

ON

DITIO

NS W

HIC

H M

AY

BE A

TTA

CH

ED TO

RIG

HTS TO

OF

USE

FOR

RA

DIO

SPEC

TRU

M

SE

(Com

ments):

A m





1. Obligation to provide a service or to use a type of technology

within

the lim

its of

Article

45 of

this D

irective

including, w

here appropriate,

coverage and

quality of

service requirem

ents.

2. Effective and efficient use of spectrum

in conform

ity w

ith this Directive .

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K, L

T, FR and SK

528 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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N

3. Technical and operational conditions necessary for the avoidance of harm

ful interference and for the protection of

public health

against

electrom

agnetic fields,

taking utm

ost account

of C

ouncil R

ecomm

endation N

o 1999/519/EC

34 w

here such conditions are different from

those included in the general authorisation.

SE

(Drafting):

3. Technical and operational conditions necessary for the avoidance of harm

ful interference and for the protection of

public health

against

electrom

agnetic fields,

taking utm

ost account

of C

ouncil R

ecomm

endation N

o 1999/519/EC

35 w

here such conditions are different from

those included

in the

general authorisation

to use

radio spectrum

.

SE

(Com

ments):






See also

proposal for

an added

definition on


, (not provided in this

34

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59). 35

Recom




z to 300 GH

z) (OJ L 1999,

30.7.1999, p. 59).

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K, L

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529 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

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N

document).

4. Maxim

um duration in conform

ity with A

rticle of this D

irective, subject to any changes in the national frequency plan.

5. Transfer or leasing

of rights at the initiative of the right holder and conditions for such transfer in conform

ity with this

Directive .

6. Usage fees in accordance w


irective.

7. Any com

mitm

ents which the undertaking obtaining the usage

right has made in the

framew

ork of an authorisation or authorisation renew

al process prior to the authorisation being granted or, w

here applicable, to the invitation for application for rights of use

.

8. Obligations to pool or share radio spectrum

or allow access

to radio spectrum for other users in specific regions or at

national level.

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K, L

T, FR and SK

530 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

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N

9. Obligations under relevant international agreem

ents relating to the use of frequencies.

10. O

bligations specific

to an

experimental

use of

radio frequencies.

E. CO

ND

ITIO

NS W

HIC

H M

AY

BE A

TTA

CH

ED

TO R

IGH

TS OF U

SE

FOR

NU

MB

ER

S

SE

(Drafting):

E. CO

ND

ITION

S WH

ICH

MA

Y BE A

TTA

CH

ED TO

RIG

HTS TO

OF

USE

FOR

NU

MB

ERS

SE

(Com

ments):

A m


ording is to write rights to use

numbers. See general com

ment in the headline of art 48 and

similar editorial change w

ith regards to radio spectrum.

1. Designation of service for w

hich the number shall be used,

including any requirements linked to the provision of that

service and, for the avoidance of doubt, tariff principles and m

aximum

prices that can apply in the specific number range for

the purposes of ensuring consumer protection in accordance

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K, L

T, FR and SK

531 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

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UM

N

with A

rticle 3(2)(d) of this Directive.

2. Effective

and efficient

use of

numbers

in conform

ity w

ith this Directive .

3. Num

ber portability requirements in conform

ity with this

Directive .

4. O

bligation to

provide public

directory

end user

inform

ation for the purposes of Article 104 of D

irective .

5. Maxim

um duration in conform

ity with A

rticle 46 of this D

irective, subject to any changes in the national numbering

plan.

6. Transfer of rights at the initiative of the right holder and conditions for such transfer in conform

ity with this D

irective .

7. Usage fees in accordance w


irective.

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U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

532 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

8. Any com

mitm

ents which the undertaking obtaining the usage

right has made in the course of a com


selection procedure.

9. Obligations under relevant international agreem

ents relating to the use of num

bers.

10. Obligations concerning the extraterritorial use of num

bers w

ithin the

Union

to ensure

compliance

with

consumer

protection and other number-related rules in M

ember States

other than that of the country code.

UK

(Drafting):

No recom

mended changes

UK

(Com

ments):

No com

ments

AN

NEX

II

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MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

533 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

CO

ND

ITIO

NS FO

R A

CC

ESS TO D

IGITA

L T

ELEV

ISION

AN

D R

AD

IO SER

VIC

ES BRO

AD

CA

ST T

O V

IEW

ER

S AN

D L

ISTEN

ERS IN

TH

E U

NIO

N

PA

RT I: C

ON

DITIO

NS FO

R C

ON

DIT

ION

AL A

CC

ESS SY

STEM

S TO

BE A

PPLIE

D IN

AC

CO

RD

AN

CE W

ITH A

RTIC

LE 60(1)

In relation to conditional access to digital television and radio services broadcast to view

ers and listeners in the U

nion

, irrespective of the means of transm

ission, Mem

ber States must

ensure in accordance with A

rticle 60 that the following

conditions apply:

(a)

all operators

of conditional

access services,

irrespective of the means of transm

ission, who provide access

services to digital television and radio services and whose

access services broadcasters depend on to reach any group of potential view

ers or listeners are to:

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

534 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

– offer to all broadcasters, on a fair, reasonable and

non-discriminatory

basis com

patible w

ith

Union

com

petition law, technical services enabling the broadcasters'

digitally-transmitted services to be received by view

ers or listeners authorised by m

eans of decoders administered by the

service operators, and comply w

ith U

nion com

petition law

,

– keep separate financial accounts regarding their

activity as conditional access providers.

(b)

when

granting licences

to m

anufacturers of

consumer equipm

ent, holders of industrial property rights to conditional access products and system

s are to ensure that this is done on fair, reasonable and non-discrim

inatory terms.

Taking into account technical and comm

ercial factors, holders of rights are not to subject the granting of licences to conditions prohibiting, deterring or discouraging the inclusion in the sam

e product of:

– a com

mon interface allow

ing connection with

several other access systems, or

– m

eans specific

to another

access system

,

EECC


UM

- 6701/17 complem


D


pril 2017

CO

MM

ENT

S by : ES, CZ, H

R, H

U, LV

, AT, SE, PL, IT, U

K, L

T, FR and SK

535 PLEA

SE DO

NO

T AD

D O

R D

ELE

TE AN

Y R

OW

S, CO

LU

MN

S OR

CE

LLS OR

AM

END

TEXT IN

TH

E LEFT H

AN

D C

OL

UM

N

provided that the licensee complies w

ith the relevant and reasonable conditions ensuring, as far as he is concerned, the security of transactions of conditional access system

operators.

PA

RT II: O

THE

R FA

CIL

ITIES TO

WH

ICH

CO

ND

ITION

S MA

Y BE

A

PPLIED U

ND

ER A

RT

ICL

E 59(1)(B)

(a) A

ccess to application program interfaces (A

PIs);

(b) A

ccess to electronic programm

e guides (EPGs).

End End

13 member states' comments on spectrum · telecom working paper this is ... spectrum...

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