Regulatory Framework in Europe Titus Spoelstra Wim van Driel CRAF URL:

“Counter” for issues Administrations of sovereign states are the bodies mandated for frequency management and executing regulation of spectrum use. Administrations act autonomous or in coordination with other Administrations at regional or global scale

FM “problem space”

Global Regulatory Frame Global Organization (in UN family): International Telecommunication Union – ITU: Radio Regulations – International Treaty Updated in World Radiocommunication Conferences – WRCs

‘ITU Regions’

Regional Regulatory Frame Per ITU Region (CEPT, CITEL, APT, …) Regulation within ITU Radio Regulation’s framework

European ‘players’ Administrations CEPT - Conference of European Posts and Telecommunications Administrations EC - European Commission Standardization Institutes Other interested parties

Administration “any governmental department or service responsible for discharging the obligations undertaken in the Constitution of the International Telecommunication Union, in the Convention of the International Telecommunication Union and in the Administrative Regulations” (ITU Constitution – Annex 1002).

Tasks of Administration Regulated by national telecom-law: –Application of national frequency policy –Enforcement of regulations –Protection of interests of private and public users of radio frequencies

CEPT - Conference of European Posts and Telecommunications Administrations Established in 1959 pan-European body of policy-makers and regulators: –radiocommunication, telecommunication, post 44 member countries (2002) Membership: Administrations, regional organizations

Role of CEPT European policy on electronic communications activities in a European context, taking account of European and international legislation and regulations develop European common positions and proposals for use in the framework of international and regional bodies plan and harmonise the efficient use of the radio spectrum, satellite orbit, and numbering resources in Europe, so as to satisfy the requirements of European users and industry; approve Decisions and other deliverables; implement the strategic decisions of the CEPT Assembly; seek guidance from the CEPT Assembly as and when necessary, and propose issues for consideration by the Assembly; the ECC should also establish contacts with equivalent organisations outside Europe.

Regional Regulations in Europe European Common Allocation Table (CEPT harmonization over Europe) Decisions, Recommendations and Reports (CEPT) Regulatory Directives (EC) Standards (ETSI, CENELEC)

European Union Member States (15) delegate sovereignty to independent institutions which represent the interests of the Union as a whole, its member countries and its citizens. The Commission upholds the interests of the Union as a whole, while each national government is represented within the Council, and the European Parliament is directly elected by citizens. This "institutional triangle" is flanked by two other institutions: the Court of Justice and the Court of Auditors. A further five bodies make the system complete.

European Commission Driving force in the Union's institutional system: 1.draft legislation and presents legislative proposals to Parliament and the Council; 2.implementing the European legislation (directives, regulations, decisions), budget and programmes adopted by Parliament and the Council; 3.represents the Union on the international stage and negotiates international agreements, chiefly in the field of trade and cooperation. 4.enforce Community law (jointly with the Court of Justice)

European Commission - 2 The "Commission" is a political body. It is assisted by an administration comprising general services (Secretariat-General, Legal Service, Eurostat, etc.) and the Directorates-General (DGs), each of which is headed by a Director- General answerable to the relevant Commissioner.

Relation CEPT - EC CEPT: voluntary cooperation between Administrations EC: treaty based cooperation MoU CEPT-EC on frequency regulatory issues: mandate delegated to CEPT Result: different legal status of ‘products’: - CEPT: ‘binding’ for Administrations that adopted CEPT Decisions and Recommendations - EC: binding regulation for whole EU

Standardization Institutes ETSI – European Telecommunications Standards Institute (radiocommunication matters) CENELEC - European Committee for Electrotechnical Standardisation (EMC matters) CEN - European Committee for Standardisation

ETSI Created by CEPT in 1988 Facilitate the integration of the telecommunications infrastructure Assure the proper inter-working of future telecommunications services Achieve the compatibility of terminal equipment, Create new pan-European telecommunications networks

ETSI - 2 Membership: - Administrations, Administrative Bodies and National Standards Organisations, - Public Network Operators, - Manufacturers, - Users, - Private Service Providers, Research Bodies, Consultancy Companies/Partnerships and others.

CENELEC Activities similar to ETSI but primarily on issues of Electromagnetic Compatibility, EMC

Role of standardization institutes “Development of standards” - note: standard is voluntary agreement or ‘tool’ to facilitate industry. It is not legally binding.

Relation of ETSI/CENELEC with CEPT Work on standard development after CEPT has approved the frequency selection when relevant. Draft system reference documents and draft standards need approval of CEPT before official publication

Other interested parties CRAF – Committee on Radio Astronomy Frequencies EBU – European Broadcasting Union ESA – European Space Agency IARU – International Radio Amateur Union NATO – North Atlantic Treaty Organization …

Role of other parties in CEPT When having formal observer status: Participation in work of CEPT: European issues, development of European positions (for e.g. WRCs): strongly favored by CEPT Meetings open for CEPT ECC participation

Role of other parties in EC Parties representing industrial interest are well served by/in EC Formally science services and space service receive attention but in practice have no reception in EC

Role of other parties in ETSI and CENELEC Active participation by parties representing industry No participation by parties from science services (membership too expensive)

Some current issues (2002) Preparation WRC-03 Ultra-Wideband (UWB)/Short Range Radar Power Line Communication Broadcasting re-planning (T-DAB/S-DAB) UMTS/IMT2000 developments European Common Allocation Table (ECA)

Concluding remarks In Europe, frequency regulation is managed by CEPT (under MoU with EC) CEPT guidelines provide national Administrations with ‘instruments’ for harmonized European frequency management CRAF participates actively in this process (collaboration/communication with national Administrations and at CEPT level)

ESF Committee on Radio Astronomy Frequencies Wim van Driel chairman Titus Spoelstra frequency manager URL:

CRAF in Europe started in 1987 ‘expert committee’ of European Science Foundation in 1988 in 2002: 17 member countries, 3 organisations (EISCAT, ESA, IRAM)

European radio astronomy CRAF member countries: 17 ( not participating: Greece, Ukraine) 40 radio observatories frequency range: 13 MHz GHz (= whole ITU allocation range) European VLBI network Joint Institute for VLBI in Europe

Relation with the Conference of European Post and Telecommunication Administrations, CEPT observer status in CEPT participation in CEPT work at various levels:

Participation in CEPT work ECC Working Group FM ECC Working Group SE various FM and SE project teams development of CEPT WRC positions via CEPT communicate with other organizations (e.g. NATO, IARU)

Relation with European Commission Incidentally only: CEPT handles frequency management issues in Europe

Relation with European Telecommunication Standards Institute, ETSI In consultation processes

Relation with Administrations support radio astronomy at a national level

CRAF publications CRAF Handbooks for - Radio Astronomy (1997) - Frequency Management (2002) CRAF Newsletter (2-4 per year) All can be downloaded from the CRAF website:

CRAF - global Collaboration/coordination with IUCAF Liaison with CORF ITU-R sector member