1. Regulation and Industry Agreements Dr Jaakko Saijonmaa Nokia 20.10.2004 IPR Standard Licence Spectrum Approvals IOP

2. Agenda 1. Regulation vs agreements 2. Standards 3. Licensing 4. Radio spectrum 5. Acceptance 6. Intellectual property 7. Interoperability certification IPR Standard Licence Spectrum Approvals IOP What do I need to know about regulation, laws and agreements to put system on air – or to make a product for sale?

3. 1. Regulation v.s. agreements? IPR/Patents Standard Operating licence Operating licence Spectrum licence Spectrum licence Type approvals Type approvals Interoperability INDUSTRY AGREEMENTS LAW REGULATION – DONE BY ADMINISTRATION

4. Global view to regulation & standards NORTH AMERICA Standards: TIA, T1, ANSI Regulation: FCC, NTIA Regulation separated form operation EUROPE Standards: ETSI Regulation: ECC & national administrations Regulation separated form operation ASIA-PACIFIC Standards: by nation: MII, ARIB, TTA Regulation: national administrations Regulation not always separated SDO = Standards Developing Organisation

5. 2. Standards voluntary arrangements to create wider marketplace managed by recognised Standards Developing Organisations referenced by legislation and regulation IPR Standard Licence Spectrum Approvals IOP

6. Characteristics of a strong standardTETRA level playing field yes IPR settled yes wide support & supply yes independent suppliers yes genuine competition yes conformance verification yes Characteristics of a strong standardTETRA level playing field yes IPR settled yes wide support & supply yes independent suppliers yes genuine competition yes conformance verification yes Open standards - checklist To industry: Wider market access & longer lifetime To industry: Wider market access & longer lifetime Download from www.etsi.org To users: Competition + protection against market disturbances To users: Competition + protection against market disturbances

7. What do you mean by regulation? All these elements implemented in each country, details (and efficiency) may vary. Licencing and competition policy Licencing and competition policy Spectrum management and licencing Spectrum management and licencing Approvals and market surveillance Approvals and market surveillance REGULATION – DONE BY ADMINISTRATION

8. 3. Licensing – national issue IPR Standard Licence Spectrum Approvals IOP Operating licence only for commercial systems Spectrum licence always needed Spectrum is rare and thus valuable – licence costs Licencing practices: First come first served Beauty parade Auction ERC Report 105, Review of PMR fees, Feb 2001: “…auctions are not a suitable instrument for the issuing of PMR licences … first come first served is the most suitable in the case of PMR.”

9. Example PMR licence fees “A trunked PMR system of 3 base stations and 400 mobiles using 3 exclusive PMR channels over an operation area of approx. 10 km” Annual fee in Euros; ERC Report 105, Feb 2001

10. 4. Radio spectrum - Europe IPR Standard Licence Spectrum Approvals IOP ECC – Electronic Communications Committee (– earlier ERC) CEPT Working Groups Frequency Management (FM) & Spectrum Engineering (SE) Project Teams – FM38 PT for PMR spectrum strategy  ECC Decisions For TETRA Rel 1 the work is done see www.ero.dk + national administration pages next time this engine needed for TETRA Rel 2 TEDS spectrum

11. European TETRA spectrum In practice European Public Safety TETRA systems are at 380 to 400 MHz, others at 410 to 430 MHz 380400 410430450 470 870 876915921 390 ERC Decision (96)01 – for Emergency Services – based on agreement with NATO – implemented by 28 administrations ERC Decision (96)04 – for ”Civil TETRA” – implemented by 29 administrations ECC Decision (02)03 –”Narrowband Digital PMR Decision” - implemented by 12 administrations

12. The 800 MHz band is the most common allocation for 25 kHz PMR channels such as TETRA outside Europe = TETRA spectrum outside EU 821 866806 851 380 400430410 308 344300 336 = Available in a few countries, has to be checked by country = In Russia + some country specific 350, 450 MHz etc allocations

13. 5. Acceptance EU moved from Type Approvals to Conformance Declaration and Market Surveillance along with R&TTE Directive 1999/5/EC Self-declaration: Declaration of Conformity (DoC) - to Harmonised Standards or - Technical Construction File (TCF) plus opinion of Notified Body Notification to regulator + CE marking Market Surveillance ECC Report 15/Sep 2002 Type Approvals  Declaration of Conformance IPR Standard Licence Spectrum Approvals IOP restriction

14. Harmonised standards to be met 1. Efficient usage of spectrum (technical compliance): EN 303 035-1 Harmonised EN for TETRA equipment covering … V+D EN 303 035-2 Harmonised EN for TETRA equipment covering … DMO 2. Electromagnetic compatibility: EN 301 489-01 EMC standard for radio equipment and services, part 1: Common technical requirements EN 301 489-18 EMC standard for radio equipment and services, part 18: Specific requirements for TETRA 3. Electromagnetic safety, e.g. (handsets): EN 50360 Product standard … exposure to electromagnetic fields EN 50361 Basic standard for the measurement of Specific Absorption Rate … 380400 410430450 470 870 876915921 390 Harmonised TETRA standards:

15. 6. Intellectual property (IPR) Standard Licence Spectrum Approvals IOP IPR defined in legislation to protect and encourage investment to innovations supported by international agreements traded on commercial basis

16. Patents, trade marks, copyrights, … Patents protect and encourage investment to innovation Regulated by law Patents & standards: Essential IPR concept Licencing has to be in line with ETSI IPR Policy & international competition laws FRAND: Declaration to licence on Fair, Reasonable And Non-Discriminatory terms See ETSI website & TETRA MoU website (paper to explain IPR) for more info Intellectual property Standard Licence Spectrum Approvals IOP IPR

17. 7. Interoperability certification voluntary industry arrangement to verify multi-vendor performance, administered by the TETRA MoU Association and supervised by authorised test house ISCTI IPR Standard Licence Spectrum Approvals IOP “To enable customers to purchase from open and competitive TETRA market to meet customer requirements”

18. TETRA IOP work flow MoU Operator/User Association Technical Forum Members’ Enquiry MoU Certification Body ISCTI * ACCEPTED into OPERATION STANDARDS TIP SPECS CERTIFICATE TMO AI group DMO AI group ISI group PEI group approx 12 suppliers *) Instituto Superiore delle Comunicazioni e tecnologie dell'Informazione, Rome TEST PLANS

19. IOP – achievements/V+D AI V+D Functionality (TTR 001)TIPTest planTested Part 1: Version 4 coreReady Yes Part 2: SDSReady Yes Part 3: DGNAReady Yes Part 4: AuthenticationReady Yes Part 5: Packet dataReady Yes Part 6: AI migration ph 2Readypre-ME Part 7: FSSNReady Yes Part 8: RF loop-backReady Part 9: Ambience listeningReady Yes Part 10: E2E Encryption & CVOReady Yes Part 11: AI EncryptionReady Yes Part 12: Service interactionAgreedpre-ME Part 13: Enable/DisableReady Part 15: Call Author by Dispatch…Ready Part 16: Air-to-groundReady Part 17: Radio User AssignmentReady MS-PD, AKD/TKD,post-ME Tested products: Cleartone DeTeWe/FWK Frequentis IFR (tester) Marconi/OTE Motorola Niros Nokia Rohde & Schwarz Rohill Simoco/Sepura Teltronic Thales Certificates at www.tetramou.com Tested products: Cleartone DeTeWe/FWK Frequentis IFR (tester) Marconi/OTE Motorola Niros Nokia Rohde & Schwarz Rohill Simoco/Sepura Teltronic Thales Certificates at www.tetramou.com Status as per 20.10.2004

20. Status as per 20.10.2004 IOP – achievements/DMO & ISI DMO Functionality (TTR 002)TIPTest planTested Part 1: Version 2 coreReady Yes Part 2: DMO GatewayReady Part 3: Type 1 DMO RepeaterReady Part 4: DMO end-to-end encrReady ISI Functionality (TTR 003)TIPTest planTested Part 1: Mobility mgmt + authentReady Part 2: Individual callReadyDraft Part 3: Short Data ServiceReady Part 4: Lower layersReady Part 5-1: Circuit mode voice xferReady Part 5-2: Packet mode voice xferReady Part 6: Group callReady Tested DMO products: Cleartone Marconi/OTE Motorola Nokia Simoco/Sepura Certificates at www.tetramou.com Tested DMO products: Cleartone Marconi/OTE Motorola Nokia Simoco/Sepura Certificates at www.tetramou.com

21. How do you ensure that... Permission to switch on: CE mark Health & safety: SAR conformance report (part of CE process) Interoperability: IOP certificate These tell that it meets the baseline...... but the multi-vendor market lets you choose the product and supplier based on your own evaluation of: product, features, design, technology... company, field support, resources... price, warranty, payment terms,... salesperson’s friendly smile...... you get what you wanted

22. Summary To have a wide and open market one needs - a strong standard - market-oriented regulatory regime - voluntary industry arrangements It may mean some extra work, but it gives benefits to all parties With TETRA is has happened already At open market the user can choose