European Spectrum Policy Proposal Raises Several Sovereignty Issues, Government Officials Say

Telecom ministers Friday preliminarily rejected a European Commission call for all EU members to make the 800 MHz band, freed by digital switchover, available for wireless broadband by 2013. The proposal is part of the EC’s first multiyear radio spectrum policy program (RSPP). Government officials -- who discussed the plan but didn’t vote on it during a Telecommunications Council session in Brussels -- said they generally favor the EC effort, but the timetable for rollout of “digital dividend” spectrum is one of several provisions that raise national sovereignty concerns.

The EC unveiled the draft RSPP in September as part of a broadband package aimed at helping Europe meet its commitment to give every resident access to basic broadband by 2013 and to ultrafast broadband by 2020, the council said in a briefing document. The program proposed a five-year policy path toward efficient spectrum management, not only in e-communications services but also in other realms dependent on spectrum, such as transport and environment, the paper said.

Belgium, which holds the EU Presidency until year-end, asked officials four questions: (1) Whether they believe spectrum should contribute to economic growth and to gaining a competitive advantage in innovative wireless technologies. (2) Whether the EC should be asked to produce, in cooperation with member countries, an inventory of current spectrum use. (3) Whether governments want to agree on early common deadlines for making spectrum available for wireless broadband. (4) Whether the EC should play a larger role in defending and promoting European spectrum policies in international negotiations.

Setting a policy course is very important to European citizens and businesses and to Europe’s position in the world, said Digital Agenda Commissioner Neelie Kroes. The EU’s digital agenda, which covers e-health, e-communications and many other services, is tied up with spectrum issues, she said. Services relying on spectrum account for 2-2½ percent of Europe’s gross domestic product, she said.

The RSPP sets ambitious targets to achieve a single digital market, but it raises sensitive issues, Kroes said. One of her concerns is that as spectrum quickly runs out for new wireless broadband developments, at least 14 EU countries still haven’t made available frequencies that have been harmonized at the European level and should have been freed in January 2012, she said. She urged governments to have the courage to make all 800 MHz spectrum available by January 2013.

All government officials agreed that spectrum is necessary for Europe’s economic welfare and that the RSPP should be given top priority. Several backed the 2013 timetable for the 800 MHz band. But many -- particularly those sharing borders with non-EU countries such as Russia, Ukraine and Belarus -- said the proposal was too ambitious and the EC must take national circumstances into consideration. Several said the EC shouldn’t set a deadline different from the January 2015 date recommended by the Radio Spectrum Policy Group.

The U.K. called the schedule unrealistic. Lithuania asked for “flexible harmonization” to give countries time to negotiate spectrum clashes with neighbors. Malta said it can’t free space in the 800 MHz band, because there’s already a network transmitting general interest content there. Cyprus said two-thirds of its band is used illegally for high-power analog transmissions in part of the country.

The EC proposal for a spectrum inventory also raised a few hackles. Most thought it was a good idea, but not if it involved a lot of time and money. Portugal warned that a database could raise questions about the confidentiality of certain information. A complete inventory would be a significant administrative burden and not the best way to make other spectrum bands available, the French representative said.

There are also fears about possible EC efforts to impose spectrum permit requirements, a spectrum usage monitoring system or communications coverage requirements on national governments, ministers said. Some officials said they don’t want EU bodies butting in on international negotiations they take part in as sovereign nations. Others said they would welcome help in overcoming border interference issues.

Kroes said the RSPP merely offers countries a tool, leaving it up to them to decide how to take advantage of the opportunities that additional spectrum offers. She rejected a request for EU financial support to help clear up interference problems, saying “we don’t have funds” for it.

Kroes urged governments to stick with the 2013 deadline for making the 800 MHz band available. That tight timing might actually help in resolving interference problems, but the EC would listen to arguments on the matter, she said. Kroes promised not to spend a great deal of time and money on an inventory but said it won’t hurt to have a little information on current spectrum usage. She also said the EC won’t impose coverage obligations and it’s up to governments to decide whether they want to apply the RSPP beyond e-communications.

The European Telecommunications Network Operators’ Association stressed the importance of opening the 800 MHz band to prevent digital divide and handle the huge increase in mobile data traffic. It urged the incoming Hungarian Presidency to cooperate with the European Parliament and governments on speedy adoption of the RSPP. The parliament’s industry committee starts its examination of the proposal Thursday.