Radio Spectrum Policy Program Approval Unlikely Before Year’s End, EU Presidency Says

EU governments mostly agree with the European Commission’s proposed five-year spectrum policy plan but the “particularly difficult” subject area means more work is needed to reconcile differences among countries and between the Council of Ministers and the European Parliament, Hungarian Information and Communication Minister Zsolt Nyitrai said at a Friday Telecom Council meeting. Hungary, which currently holds the EU Presidency, has made every effort to accommodate the concerns raised by governments, but several issues will be left to the incoming Polish Presidency to try to resolve, he said. One of the chief questions is whether all, or most, EU members will be able to free up the 800 MHz “digital dividend” band by 2013, which the EC badly wants.

The EC floated its proposal for a radio spectrum policy program (RSPP) in September as part of a broadband package aimed at helping the EU meet its commitments to give every citizen access to basic broadband by 2013 and to fast and ultra-fast broadband by 2020, a presidency memo to council members said. Ministers discussed the proposal in December, after which a council working party focused on the issues of aim and scope, competition, deadlines, spectrum inventory and international negotiations, it said.

The European Parliament backed, and went beyond, the EC position, calling in a May 11 plenary vote for the 800 MHz band to be made available for wireless uses by 2013, with delays until 2015 possible for nations involved in cross-border coordination disputes, and for governments to release another 1200 MHz of spectrum for wireless uses by 2015.

The presidency memo noted several areas of accord. The RSPP should not be limited to spectrum but should cover all internal market policy areas involving spectrum use, such as e-communications, space, transport and audiovisual, it said. Countries “insisted” that the policy roadmap not change any of the spectrum provisions in the new telecom framework, and that they be able to enact national laws where spectrum is needed for general interest objectives such as broadcasting, public order and public security, it said.

Delegations also said that while the goals of improving spectrum efficiency and flexibility are worth pursuing, they aren’t prepared to go beyond what’s required in the newly effective telecom rules, the memo said. They generally confirmed existing commitments to making spectrum available for wireless broadband services and to authorize, by Jan. 1, 2013, use of the 800 MHz band for such offerings, subject to the possibility of a delay “where exceptional national or local or cross-border frequency coordination problems would prevent the availability and use of the band."

Interference remains troublesome for several countries, they said during the council meeting. Latvia, Lithuania, Estonia and Cyprus said they must be able to postpone authorizing the 800 MHz band for wireless communications even beyond 2015 if necessary. The Baltic States are still having problems with Russia and Belarus, and Cyprus said it faces severe coordination issues because the government has no control over part of its territory. But Kroes said at a later press conference that there’s “no way” most countries will be granted a postponement without “really severe reasons."

Delegations also agreed that spectrum must be available for specific EU policies such as the global satellite navigation system Galileo, public safety, civil protection and disaster relief and research and development, the memo said. However, while “in principle,” countries can see the point of an EU-wide spectrum inventory, they worried that it will involve additional resources and costs, it said. Most agreed to modified wording directing the EC to come up with a way to create an inventory of existing spectrum uses that could be used to identify bands that might be suitable for refarming and spectrum-sharing. Governments were also in accord that the EU’s profile in international spectrum negotiations may need to be raised, but said this isn’t an appropriate matter for the RSPP, the memo said.

Digital Agenda Commissioner Neelie Kroes urged officials to decide quickly on the RSPP. Ministers have “shown a high degree of solidarity with one another,” with near consensus or majority views on all of the issues raised in the EC proposal, the presidency said. The EC is readying a response to Parliament, and lawmakers and governments hope to finalize the agreement as soon as possible, perhaps during the Polish presidency, which begins July 1, it said.

But the U.K. said “challenges continue” to securing agreement before year’s end. The RSPP proposal is very important for giving governments the business and legal certainty to plan and authorize use of the 800 MHz band for wireless communications, the representative said. But it will take some work to reconcile the presidency text with Parliament’s version, he said. The call for an additional 1200 MHz for wireless services is of significant concern to Britain, he said.

The RSPP “is a very serious, complicated issue” that’s important from a political perspective, Nyitrai said at the press briefing. Hungary plans to keep working until its term expires, and will hold high-level talks in June, he said.

Telecom ministers also debated the future of the European Network and Information Security Agency Friday. All appeared to agree that, given the growing threat of cyberattacks and other malicious behavior, ENISA’s duties should be updated and the agency made more flexible. Some wanted its term extended for 18 months, others for the five years proposed by the EC, and others for it to become a permanent institution. They also called for more public-private, national and international coordination on critical information infrastructure protection.