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Guidelines for trans-European telecommunications networks

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Guidelines for trans-European telecommunications networks

Outline of the Community (European Union) legislation about Guidelines for trans-European telecommunications networks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Regional policy > Management of regional policy > Trans-european networks

Guidelines for trans-European telecommunications networks

Document or Iniciative

Decision No 1336/97/EC of the European Parliament and of the Council of 17 June 1997 on a series of guidelines for trans-European telecommunications networks [Official Journal L 183 of 11.07.1997]. [See amending acts].

Summary

In this Decision, the European Parliament and the Council establish guidelines covering the objectives, priorities and broad lines of action proposed for trans-European networks. These guidelines set out the areas selected for projects of common interest and establish a procedure for the identification of specific projects of common interest in these areas.

The following priorities are established for the achievement of the objectives set out in point 1 above:

  • study and validation of technical and commercial feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest;
  • study and validation of feasibility, followed by the deployment of applications contributing to economic and social cohesion, by improving access to information across the whole Union, building on European cultural diversity;
  • stimulation of trans-boundary interregional initiatives and of initiatives involving regions, in particular the less favoured ones, for the launch of trans-European telecommunications services and applications;
  • study and validation of feasibility, followed by the deployment of applications and services contributing to the strengthening of the internal market and job creation, in particular those offering to SMEs means to improve their competitiveness in the Community and at world level;
  • identification, study and validation of technical and commercial feasibility, followed by the deployment of trans-European generic services providing seamless access to all kinds of information, including in rural and peripheral areas, and interoperable with equivalent services at world level;
  • study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and the promotion of such networks;
  • identification and removal of gaps and missing links for effective interconnection and interoperability of all components of telecommunications networks in Europe and at world level, with particular emphasis on IBC networks.

The broad lines of measures to be implemented for achieving the objectives defined in point 1 will cover:

  • identification of projects of common interest by the establishment of a work programme;
  • action aiming at increasing the awareness of citizens, economic operators and administrations about the benefits they can draw from the new advanced trans-European telecommunications services and applications;
  • action aiming at the stimulation of combined initiatives from users and providers for the launch of projects in the field of trans-European telecommunications networks, in particular IBC networks;
  • support, within the framework of the methods laid down by the Treaty, for action to study and validate the feasibility, followed by the deployment, of applications, in particular applications of collective interest, and encouragement of the establishment of public/private collaboration, in particular through partnerships;
  • stimulation of the supply and use of services and applications for SMEs and professional users;
  • promotion of the interconnectivity of networks, the interoperability of broadband services and applications and the infrastructure they require, in particular for multimedia applications, and interoperability between existing services and applications and their broadband counterparts.

The projects designated are eligible for Community support in accordance with the provisions of the Council Regulation laying down general rules for the granting of Community financial aid in the field of trans-European networks.

Member States shall take all measures required at national, regional or local level to facilitate and accelerate the implementation of the projects of common interest in accordance with Community rules.

The Commission shall report every three years on the application of this Decision to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

Annex 1 to the Decision defines the three-layer model which is the most appropriate way of describing trans-European telecommunications networks:

  • The “applications” level caters for user needs, taking into account cultural and linguistic differences and, in particular, the accessibility requirements of disabled people. These applications also seek to cater for the specific needs of less developed or less populated regions.
    The areas concerned are the following: a) e-government and e-administration: (e.g. e-procurement activities, personal security, environment and tourism, business support for SMEs and participation in the democratic decision-making process); b) improved access to health services and improvements in the quality of care (e.g. networking of health care institutions, actions on disease prevention and health promotion); c) education and culture (e.g. new ways of presenting educational and cultural information, life-long learning and participation of older people and people with disabilities in the information society).
  • The “generic services” level provides common tools for the development and implementation of new applications based on interoperable standards.
    The areas concerned are the following: a) the mobile services (e.g. for the 2.5-3G mobile networks: guidance and navigation, security, invoicing, emergency services, health, teleworking, learning and culture); b) services in the public interest aimed at all aspects of security (e.g. networking of the national CERT systems).
  • The “interconnection and interoperability of networks” level promotes the interconnection, interoperability and security of networks underpinning the operation of specific public interest applications and services.

The Community is taking additional back-up and coordinating measures with a view to creating the appropriate environment for the realisation of these projects. The actions will contribute to programme awareness, and to consensus development centred on European, national, regional and local activities designed to stimulate and promote the new services and applications. They will necessitate consultation with European standardisation and planning bodies, involving essentially:

  • strategic studies on the formulation of target specifications and the transition towards their application, in order to help players in the sector to make sound economic investment decisions;
  • definition of means of accessing broadband networks;
  • establishment of common specifications based on European and world standards;
  • intensification of public and private partnerships (PPP);
  • coordination of these activities with related Community and national programmes.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 1336/97/EC 31.7.1997 – OJ L of 11.7.1997
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Decision No 1375/2002/EC 19.8.2002 – OJ L 200 of 30.7.2002

Roaming on public mobile telephone networks

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Roaming on public mobile telephone networks

Outline of the Community (European Union) legislation about Roaming on public mobile telephone networks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Radiofrequencies

Roaming on public mobile telephone networks

Document or Iniciative

Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile communication networks within the Community and amending Directive 2002/21/EC.

Summary

In the effort to ensure the proper functioning of the internal market, the European Commission supports a significant reduction in the price consumers pay to make international roaming calls, SMS * and data roaming services. Until now, the structure of the market and the cross-border nature of the services prevented national regulatory authorities from solving the problem of high charges and the sector from regulating itself in a manner beneficial for consumers.

Introduction of a price cap system

After conducting a two-phase public consultation on international roaming, the European Commission chose the “European Home Market Approach”: when subscribers place calls or send an SMS using their mobile phones, they must enjoy similar conditions as in their home country no matter where they are in the EU.

This meant applying identical preventive rate limits throughout the Community for using mobile phones in another Member State, by introducing a mechanism to set maximum per-minute rates that operators may charge one another, with a cap on retail prices established on this basis.

The price cap system is applied by means of the Eurotariff *, which places limits on the rates charged by mobile telephone operators for calls made or received in another Member State.

Operators thus have a single, coherent regulatory framework based on objective criteria. The underlying idea is for retail charges to be closer to the costs associated with providing the service, whilst allowing operators the freedom to compete by differentiating their services. For consumers, the Eurotariff does not entail any associated subscription or other fixed charge, and may be combined with any retail tariff.

The method implemented consists of a combination of wholesale * and retail * price regulation.

  • wholesale charges: the levels of the maximum average wholesale charges are EUR 0.28 and EUR 0.26 since 30 August 2008 and 1 July 2009. It decreased to EUR 0.22 and EUR 0.18 from 1 July 2010 and from 1 July 2011.Wholesale charges also apply to regulated roaming SMS messages. From 1 July 2009, the maximum average wholesale charge cannot exceed EUR 0.04 per SMS.There is also a maximum for the wholesale charge on data roaming services of EUR 1 per sent megabyte. This charge will decrease to EUR 0.80 and EUR 0.50 per megabyte from 1 July 2010 and 1 July 2011 respectively.
  • retail charges: to ensure that the profit generated by the capping of wholesale charges is passed on to consumers, the Regulation also applies a cap for retail charges. The price ceiling for calls made is EUR 0.46 to EUR 0.43 and EUR 0.22 to EUR 0.19 for calls received as from 30 August 2008 and 1 July 2009. It will decrease to EUR 0.39 and EUR 0.35 for calls made and to EUR 0.15 and EUR 0.11 for calls received as from 1 July 2010 and 1 July 2011. Furthermore, operators must apply charges to the second after the first 30 seconds of the call. The retail price of a Eurotariff SMS for a regulated roaming SMS cannot exceed EUR 0.11 from 1 July 2009.

Desire for transparency

Each provider shall automatically, free of charge and without undue delay (by means of an automatic message service) send the customer personalised pricing information on the roaming charges when s/he enters another Member State.

The personalised pricing information shall include the maximum price for making a call, receiving a call, sending an SMS and mobile Internet access during the stay in the other Member State.

Providers must ensure that roaming customers are kept informed of prices applicable to the use of data roaming services so that they can manage their spending better. To this end, from 1 March 2010, consumers will have the option to set a disconnection limit with their operator for data roaming services; once the bill has reached the set limit, the operator will disconnect the data roaming service if the customer does not request the service to be continued. From 1 July 2010 a disconnection limit of EUR 50 will automatically be applied to all customers who have not set a specific limit with their operators.

Implementation and compliance with conditions

The national regulatory authorities, meeting within the European Regulators Group and in collaboration with the Commission, are responsible for enforcing the relevant provisions and for monitoring developments in wholesale and retail charges. The Member States themselves determine the system of sanctions to be applied in the event of an infringement of the Regulation.

Background

In recent years, the telecommunications sector has expanded rapidly, thanks in part to measures at European level to encourage investment. All of the directives adopted in 2002 and their recently adopted amendments have specifically enabled a regulatory framework for electronic communications services to be established. However, the problem of extremely high international roaming charges had not been resolved. It affects all citizens travelling abroad within the EU (for business or personal reasons). These excessive retail prices result both from high wholesale charges levied by the foreign host network operator and, in many cases, from high retail mark-ups charged by the customer’s own network operator. The Regulation on roaming aims to resolve the problems detailed above.

Key terms used in the act
  • “International roaming” means the use of a mobile telephone or other device by a roaming customer to make or receive calls, while outside the Member State in which the customer’s home network is located, by means of arrangements between the operator of the home network and the operator of the visited network.
  • “Eurotariff” means a per-minute roaming charge, for which the Regulation establishes a price ceiling it must not exceed for making and receiving calls abroad, and which is available to all consumers in the European Union.
  • Euro-SMS-price: a roaming price of EUR 0.11 excluding VAT per SMS sent from abroad.
  • “Wholesale charge” means the charge billed by the foreign operator to the home provider of a person who makes or receives calls in the foreign country.
  • “Retail charge” means the charge billed by the home provider of a person who uses his or her mobile telephone on a foreign network. The amount of the charge depends on the wholesale price, plus the cost of the service provided.
  • SMS: a Short Message Service text message.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 717/2007

30.6.2007

30.8.2007

OJ L 171 of 29.6.2007
Amending act Entry into force Deadline for transposition in the Member State Official Journal

Regulation (EC) No 544/2009

2.7.2009

–

OJ L 167 of 29.6.2009

Related Acts

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (“Framework Directive”) [Official Journal L 108 of 24.04.2002].

Universal service and users' rights

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Universal service and users’ rights

Outline of the Community (European Union) legislation about Universal service and users’ rights

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Universal service and users’ rights

Document or Iniciative

Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) [Official Journal L 108 of 24 April 2002]. [See amending acts].

Summary

The Universal Service Directive is part of the “Telecoms Package” which, together with four other directives (“framework”, ” access and interconnection”, “authorisation” and “private life and electronic communications”), aims to recast the existing regulatory framework for telecommunications and to make the electronic communications sector more competitive. The “Telecoms Package” was amended in December 2009 by the two Directives “Better law-making” and the “Citizens’ rights”, as well as by a body of European regulators for electronic communications.

Universal service obligations

The Directive defines universal service as the “minimum set of services of specified quality to which all end-users have access, at an affordable price in the light of specific national conditions, without distorting competition”.

Availability of the universal service

Member States must ensure that the electronic communications services detailed in the Directive are made available to all users in their territory, regardless of their geographical location, at a specified quality level and an affordable price.

Provision of access at a fixed location and telephone services

A fundamental requirement of universal service is to provide users on request with a connection to the public telephone network at a fixed location and at an affordable price. The connection provided shall enable end-users to take charge of voice communications, facsimile communications and data communications, at data rates that are sufficient to permit functional Internet access, the provision of which may be restricted by Member States to the end-user’s primary residence. There should be no constraints on the technical means by which the connection is provided.

Directory enquiry services and directories

Directory enquiry services and directories. At least one comprehensive directory which is updated at least once a year must be available to end-users. Similarly, at least one directory enquiry service must be available to end-users, including users of public pay telephones.

Public pay telephones and other access points to publicly available telephone services

The national regulatory authorities (NRAs) must be able to impose obligations on undertakings to ensure that public pay telephones or other access points to publicly available telephone services are provided to meet the needs of end-users, whether in terms of geographical coverage, the number of telephones or other access points, the accessibility of such telephones to disabled users or the quality of services.

Special measures for disabled users

The term “universal” means that the Member States must ensure that disabled users enjoy a service which meets their needs and is of an equivalent standard to those enjoyed by other users. In order to achieve this, access must be the same at a functional level, such that disabled end-users can use the same services as other end-users, but through different means. Member States may require the NRAs to assess the general need and specific requirements of the type of measures particularly for disabled end-users.

Designation of undertakings

The Member States may designate one or more undertakings to guarantee the provision of universal service. The Member States may also designate different undertakings to provide different elements of universal service and/or to cover different parts of the national territory.

Affordability of tariffs

The Member States shall ensure that consumers with low incomes have access to special tariff arrangements or are given special assistance to enable them to have access to the network and to use it. The special tariffs must either be provided by the designated undertaking, or already be available on the market. Furthermore, the Member States may require undertakings which have universal service obligations to comply with price caps or to apply common tariffs, including geographical averaging, throughout the national territory.

Quality of service

The national regulatory authorities must set performance targets for undertakings with universal service obligations and monitor compliance with these targets by designated undertakings.

Financing of universal service obligations

In order to compensate for the net costs to which the provision of universal service might give rise, compensation mechanisms for operators with universal service obligations may be provided for. This may involve the introduction of a mechanism to compensate from public funds and/or a mechanism to share costs between providers of electronic communications networks and services.

Regulatory control of undertakings with significant retail market power

The aim is to strike a balance between promoting the interests of European citizens and ensuring effective competition, while providing for a minimum of regulatory intervention in order to establish a common level of rights throughout the European Community.

The national regulatory authorities must impose obligations with regard to retail services identified as not being effectively competitive, including in particular the requirement that undertakings do not charge excessive prices, inhibit market entry or restrict competition by setting predatory prices.

Users’ interests and rights

The users of electronic telecommunications services enjoy a number of rights, including in particular:

  • the right to have a contract concluded with one or more undertakings where consumers subscribe to services providing connection to the telephone network. The contract must contain a minimum set of information: the identity and address of the supplier, the types of services provided (including, in particular, if access to the emergency services is provided or not, information on all other conditions limiting access to services and applications and/or their use, and the minimum quality levels of services offered, etc.), the duration of the contract and renewal conditions, the arrangements for procedures for settling disputes, etc.;
  • the provision by operators of transparent, up-to-date information on applicable prices and tariffs;
  • the setting of minimum requirements in terms of quality of service in order to prevent the deterioration of the service and the obstruction or slowing down of traffic on the networks;
  • the publication by undertakings which offer publicly accessible electronic communications services of comparable, adequate and up-to-date information on the quality of their services;
  • the guarantee that, in the event of catastrophic network breakdown or in cases of force majeure, access to the public telephone network remains available to users;
  • the provision of operator assistance and directory enquiry services.

The single European emergency call number (112) must remain free of charge, even from public pay telephones. The undertakings involved must make caller location information available free-of-charge to the authority handling emergency calls as soon as the call reaches the aforementioned authority.

The Directive also makes it easier to change providers through the ability for users to retain their telephone number (fixed or mobile) when they change operator. Subscribers who have concluded an agreement regarding the porting of a number to a new operator must have this number activated within one working day. However, the pricing between operators and providers should not dissuade a subscriber from changing provider.

Member States shall promote specific harmonised “116” numbers for services with a social purpose, including the emergency number for “Missing children”.

Member States may impose reasonable “must carry” obligations for the broadcast of radio and television channels, in particular accessibility services aimed at ensuring suitable access for disabled end-users, on undertakings under their jurisdiction which provide electronic communications networks.

General and final provisions

Consultation with interested parties

With regard to end-users’ rights, the national regulatory authorities are required to take account of the views of end-users, consumers, manufacturers and undertakings that provide electronic communications networks and/or services. Member States shall specifically ensure that the NRAs establish a consultation mechanism which ensures that the interests of consumers, in terms of electronic communications, are duly taken into account.

Out-of-court resolution of disputes

Simple, transparent, non-discriminatory and inexpensive out-of-court procedures must be made available to users for dealing with unresolved disputes relating to universal service obligations. Where appropriate and warranted, the Member States may adopt a system of reimbursement and/or compensation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/22/EC

24.04.2002

24.07.2003

OJ L 108 of 24.04.2002
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/136/EC

19.12.2009

25.5.2011

OJ l 337 of 18.12.2009

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the second periodic review of the scope of universal service in electronic communications networks and services in accordance with Article 15 of Directive 2002/22/EC [COM (2008) 572 final – Not published in the Official Journal].

This Communication examines the concept of the universal service obligation (USO) in the electronic communications sector, as well as the scope of universal service itself.
Access to mobile communications at an affordable price has developed considerably in recent years due to the introduction of competition between mobile services. This service consequently does not meet the conditions for the application of universal service.
Broadband internet is also developing strongly due to competition between parallel infrastructures (between 2003 and 2007, broadband use by households in the European Union tripled). But broadband is also no longer covered by the current Directive. However, this report finds that access to broadband communications is not just needed for competitiveness and economic growth but is becoming a prime objective of consumer welfare and digital inclusion.
For these reasons and in order to initiate a public debate, the Commission raises the question whether universal service is an appropriate tool to advance broadband development and mobile telephony or whether these services should be left to other Community instruments or to national measures.

Access to electronic communications networks

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Access to electronic communications networks

Outline of the Community (European Union) legislation about Access to electronic communications networks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Access to electronic communications networks

Document or Iniciative

Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive).

Summary

The Access Directive forms part of the “Telecoms package” which, with four other directives (“framework”, “authorisation”, “universal service” and “privacy and electronic communications”), aims to revise the existing regulatory framework and make the communications networks and services sector more competitive.

The “Telecoms Package” was amended in December 2009 by the two Directives “Better law-making” and the “Citizens’ rights”, as well as by a body of European regulators for electronic communications.

This Directive establishes rights and obligations for operators and for undertakings seeking interconnection and/or access to their networks. The principle is to allow competition rules to act as an instrument for market regulation. However, insofar as there is no effective competition on the market, the national regulatory authorities (NRA) must act, among other things by imposing obligations on operators which have significant market power.

The objective is to establish a framework which will encourage competition by stimulating the development of communications services and networks, and also to ensure that any bottlenecks in the market do not constrain the emergence of innovative services that could benefit the users. The approach adopted is technologically neutral, i.e. the Directive is not intended to introduce rules which could be adapted to technological progress but, instead, to establish a modus operandi to address market problems.

The Directive applies to all forms of communication networks carrying publicly available communications services. These include fixed and mobile telecommunications networks, networks used for terrestrial broadcasting, cable TV networks, and satellite and Internet networks used for voice, fax, data and image transmission.

General principles

Member States must ensure that there are no restrictions which prevent undertakings in the same Member State or in different Member States from negotiating between themselves agreements on access and/or interconnection.

Moreover, the Directive establishes a fundamental rule regarding interconnection to the effect that all network operators have rights and obligations as regards interconnection agreements. Thus, operators of public communications networks have a right and, when requested by other undertakings so authorised, an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services.

Obligations imposed on operators

The national regulatory authorities are responsible for carrying out regular market analyses in order to determine whether one or more operators have significant power on the market in question. Where, following a market analysis, an operator is identified as having significant power on a given market, the national regulatory authorities will impose the following obligations on that operator, according to the circumstances:

  • obligations of transparency in relation to interconnection and/or access requiring operators to make public specified information such as accounting information, technical specifications or network characteristics;
  • obligations of non-discrimination to ensure that operators apply equivalent conditions in equivalent circumstances to undertakings providing equivalent services;
  • obligations of accounting separation in relation to specified activities concerning interconnection and/or access;
  • obligations of access to, and use of, specific network facilities. Operators may be required inter alia:
    • to give third parties access to specified network elements and/or facilities, including unbundled access to the local loop;
    • to negotiate in good faith with undertakings requesting access;
    • not to withdraw access to facilities already granted;
    • to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services;
    • to provide co-location or other forms of associated facility sharing;
    • to give access to associated services such as those related to identity, location and occupation.
  • obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems;
  • obligations relating to functional separation, according to which vertically integrated undertakings must place activities related to the wholesale provision of relevant access products in an independently operating business entity in order to supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.

In the case of persisting market failures despite the implementation of these obligations, the NRA may impose an obligation on an undertaking to place activities related to provision and services in an independently operating business entity. In the case of undertakings considered to be in a dominant position in one or many markets, they may transfer their local access network assets to another undertaking. They must inform the NRA of their intention so that the NRA can assess the effect of the transfer on the obligations imposed by Directive 2002/21/EC.

Procedural provisions

The obligations imposed on undertakings under the measures laid down by the Directive must be published in a form which is readily accessible to all interested parties (except for information which is confidential, including business secrets).

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Directive 2002/19/EC

24.4.2002

24.7.2003

OJ L 108 of 24.4.2002
Amending act(s) Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Directive 2009/140/EC

19.12.2009

25.5.2011

OJ L 337 of 18.12.2009

AMENDMENT TO THE ANNEXES

Annex II – Minimum list of items to be included in a reference offer for wholesale network infrastructure access, including shared or fully unbundled access to the local loop at a fixed location to be published by notified operators with significant market power (SMP)

Directive 2009/140/EC [Official Journal L 337 of 18.12.2009].

Related Acts

Commission guidelines on the market analysis and the assessment of significant market power under the regulatory framework for electronic communications networks and services [Official Journal C 165 of 11.7.2002]

Under the new regulatory framework on communications services, these guidelines, which were adopted in July 2002, lay down the principles on which the national regulatory authorities must base their market analysis in order to guarantee effective competition.

Data protection in the electronic communications sector

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Data protection in the electronic communications sector

Outline of the Community (European Union) legislation about Data protection in the electronic communications sector

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Data protection in the electronic communications sector

Document or Iniciative

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) [See amending acts].

Summary

Directive 2002/58/EC forms part of the “Telecoms Package”, a new legislative framework designed to regulate the electronic communications sector and amend the existing regulations governing the telecommunications sector. The “Telecoms Package” includes four other Directives on the general framework, access and interconnection, authorisation and licensing and the universal service. The “Telecoms Package” was amended in December 2009 by the two Directives “Better law-making” and “Citizens’ rights”, as well as by the establishment of a body of European regulators for electronic communications (BEREC).

This Directive principally concerns the processing of personal data relating to the delivery of communications services.

Processing security

The provider of an electronic communications service must protect the security of its services by:

  • ensuring personal data is accessed by authorised persons only;
  • protecting personal data from being destroyed, lost or accidentally altered;
  • ensuring the implementation of a security policy on the processing of personal data.

In the case of an infringement of personal data, the service provider must inform the person concerned, as well as the National Regulatory Authority (NRA).

Confidentiality of communications

The Directive reiterates the basic principle that Member States must, through national legislation, ensure the confidentiality of communications made over a public electronic communications network. They must in particular prohibit the listening into, tapping and storage of communications by persons other than users without the consent of the users concerned. The subscriber or user who stores their information must first be informed of the purposes of the processing of their data. They have the option to withdraw their consent on the processing of traffic data.

Data retention

The Directive determines that traffic data and location data must be erased or made anonymous when they are no longer required for the conveyance of a communication or for billing, except if the subscriber has given their consent for another use. On the sensitive issue of data retention, the Directive stipulates that Member States may withdraw the protection of data only to allow criminal investigations or to safeguard national security, defence and public security. Such action may be taken only where it constitutes a “necessary, appropriate and proportionate measure within a democratic society”.

In order to ensure the availability of communication data for the purpose of investigation, detection and prosecution of criminal offences, the Directive lays down provisions for the retention of data.

Unsolicited communications (“spamming”)

The Directive takes an “opt-in” approach to unsolicited commercial electronic communications, i.e. users must have given their prior consent before such communications are addressed to them. This opt-in system also covers SMS text messages and other electronic messages received on any fixed or mobile terminal. However, exceptions are provided.

Cookies

The Directive states that users must give their consent for information to be stored on their terminal equipment, or that access to such information may be obtained. In order to do this, users must receive clear and comprehensive information about the purpose of the storage or access. These provisions protect the private life of users from malicious software, such as viruses or spyware, but also apply to cookies.

Cookies are hidden information exchanged between an Internet user and a web server, and are stored in a file on the user’s hard disk. Their original purpose was to retain information between sessions. They are also a useful and much decried tool for monitoring a net surfer’s activity.

The Directive encourages the use of methods, which are as user-friendly as possible, see effective technical tools.

Public directories

European citizens must give prior consent in order for their telephone numbers (landline or mobile), e-mail addresses and postal addresses to appear in public directories.

Controls

Member States must implement a system of penalties, including legal sanctions in the case of infringements to the provisions of this Directive, and ensure that the national competent authorities have at their disposal the necessary powers and resources to monitor and control compliance with the national provisions adopted during the transposition of this Directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/58/EC

30.07.2002

31.10.2003

OJ L 201 of 31.07.2002
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2006/24/EC

3.5.2006

15.9.2007

OJ L 105 of 13.04.2006

Directive 2009/136/EC

19.12.2009

25.5.2011

OJ L 337 of 18.12.2009

Related Acts

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [Official Journal L 281/31 of 23.11.95].
This Directive is the reference text, at European level, on the protection of personal data. It sets up a regulatory framework which seeks to strike a balance between a high level of protection for the privacy of individuals and the free movement of personal data within the EU.

Regulation 45/2001/EC of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data [Official Journal L 8 of 12.01.2001]
This Regulation aims to protect personal data within EU institutions and bodies. The text provides for rules to ensure a high level of protection for personal data processed by the Community institutions and bodies and the creation of an independent supervisory body to monitor the application of these rules.

Authorisation of electronic communications networks and services

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Authorisation of electronic communications networks and services

Outline of the Community (European Union) legislation about Authorisation of electronic communications networks and services

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Authorisation of electronic communications networks and services

Document or Iniciative

Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive).

Summary

Directive 2002/20/EC is part of the “Telecoms Package”, the new legislative framework for the electronic communications sector which replaces the existing legislation on telecommunications. The Package comprises four other directives relating to the general framework, interconnection, universal service and the protection of privacy. The “Telecoms Package” has been amended in December 2009 by two Directives “Better legislation” and the “Right of citizens”, as well as by the establishment of the Body of European Regulators for Electronic Communications (BEREC).

Scope, objective and general principle

The provisions of this Directive cover authorisations for all electronic communications networks and services, whether they are provided to the public or not. However, they only apply to the granting of rights to use radio frequencies where such use involves the provision of an electronic communications network or service, normally for remuneration.

The aim is to establish a harmonised market for electronic communications networks and services by limiting regulation to the minimum that is strictly necessary.

The main innovation is the replacement of individual licences by general authorisations, while a special scheme for attributing frequencies and numbers continues to exist. According to this principle, the provision of electronic communications networks or services may only be subject to a general authorisation. In other words, the undertaking concerned may be required to submit a notification but it may not be required to obtain an explicit decision or any other administrative act by the national regulatory authority (NRA) before exercising the rights stemming from the authorisation. Undertakings providing cross-border services shall not be required to submit more than one notification per Member State concerned.

A clear distinction is made between the conditions applicable under the general authorisation and those linked to the rights to use radio frequencies and numbers.

Minimum rights derived from the general authorisation

The general authorisation gives undertakings the right to provide electronic communications networks and services and to negotiate interconnection with other providers in the European Community. When such undertakings provide electronic communications networks or services to the public, the general authorisation makes them eligible to be designated to provide certain universal service functions.

Rights of use for radio frequencies and numbers

Member States shall facilitate the use of radio frequencies through general authorisations, but they may make the use of radio frequencies subject to the grant of individual rights with a view to:

  • avoiding harmful interference;
  • ensuring technical quality of service;
  • safeguarding efficient use of spectrum;
  • ensuring the fulfilment of other general interest objectives defined by Member States.

Decisions on rights of use must be taken and made public as soon as possible after receipt of the complete application by the NRA. This must be done within three weeks in the case of numbers that have been allocated to be used within the national numbering plan, and within six weeks in the case of radio frequencies that have been allocated for specific purposes within the national frequency plan.

Conditions attached to the general authorisation and to specific rights of use

The general authorisation and the rights of use may be subject only to the conditions listed in the Annex to the Directive relating to:

  • financial contributions to funding of the universal service;
  • interoperability of services and interconnection of networks;
  • accessibility and portability of numbers– portability means that users have the option to keep their telephone number when they change operator;
  • rules on privacy protection and, more specifically, the protection of minors;
  • obligation to transmit certain television and radio programmes (“must carry”);
  • environmental and town and country planning requirements;
  • possible imposition of administrative charges on undertakings;
  • restrictions concerning the broadcast of illegal content;
  • use of the radio spectrum.

Procedure for limiting the rights of use for radio frequencies

Where a Member State is considering whether to limit the number of rights of use to be granted for radio frequencies or whether to extend the duration of existing rights in accordance with specific terms, certain conditions and procedures have to be followed, such as consultation of all interested parties, publication of any decisions together with the reasons, and the review, at reasonable intervals, of the limitation.

Where the granting of rights of use for radio frequencies needs to be limited, Member States must grant such rights on the basis of selection criteria which must be objective, transparent, non-discriminatory and proportionate.

Where a Member State concludes that further rights of use for radio frequencies can be granted, it must publish that conclusion and invite applications for such rights.

Compliance with the conditions of the general authorisation or of specific rights of use

The NRAs monitor and supervise compliance with the requirements of the general authorisation or the rights of use and specific obligations.

Where an undertaking does not comply with one or more of these conditions, the NRA must give it a reasonable opportunity to state its views or remedy any breaches within a reasonable period. If the undertaking concerned does not remedy the breaches within the set period, Member States may empower the relevant authorities to impose orders to cease or financial penalties. In cases of serious and repeated breaches, the NRAs may prevent an undertaking from continuing to provide electronic communications networks or services or suspend or withdraw rights of use.

Administrative charges and fees

The NRAs are authorised to impose administrative charges on undertakings providing a service or a network under the general authorisation or to whom a right of use has been granted. Administrative charges may include costs for international cooperation, harmonisation and standardisation, market analysis and regulatory work. The imposition of administrative charges requires NRAs to publish a yearly overview of their administrative costs and of the total sum of the charges collected.

The competent authority may also charge a fee for the rights of use of radio frequencies and for rights to install facilities.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/20/EC

24.2.2002

24.7.2003

OJ L 108 of 24.4.2002
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/140/EC

19.2.2009

25.5.2011

OJ L 337 of 18.12.2009

The successive amendments and corrections to Directive 2002/20/EC have been incorporated in the original text. This consolidated versionis of documentary value only.

AMENDMENTS TO THE ANNEXES

Annex
Directive 2009/140/EC [Official Journal OJ L 337 of 18.12.2009].

Related Act

Commission guidelines on market analysis and assessment of significant market power pursuant to the Community regulatory framework for electronic communications networks and services [Official Journal C165 of 11.7.2002].

In compliance with the new regulatory framework for communications services, these guidelines, which were adopted in July 2002, set out the principles on which the national regulatory authorities must base their market analysis in order to guarantee effective competition.

Regulatory framework for electronic communications

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Regulatory framework for electronic communications

Outline of the Community (European Union) legislation about Regulatory framework for electronic communications

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Regulatory framework for electronic communications

Document or Iniciative

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (“Framework Directive”) [See amending acts].

Summary

The “Framework Directive” forms part of the “Telecommunications Package” designed to recast the existing regulatory framework for telecommunications in order to make the electronic communications sector more competitive. This new regulatory framework consists of this Directive plus four specific Directives, namely the:

  • Directive on the authorisation of electronic communications networks and services (the “Authorisation Directive”);
  • Directive on access to, and interconnection of, electronic communications networks and associated facilities (the “Access Directive”);
  • Directive on the universal service (the “Universal Service Directive”);
  • Directive on the processing of personal data (the “Privacy and Electronic Communications Directive”).

Added to this list, there is also the recent Decision on a regulatory framework for radio spectrum policy (the “Radio Spectrum Decision”). The “Telecoms Package” was amended in December 2009 by the two Directives “Better law-making” and the “Citizens’ rights”, as well as by a body of European regulators for electronic communications.

Scope, aim and definitions

The objective of this Directive is to establish a harmonised framework for the regulation of electronic communications networks and services. It also includes certain aspects of terminal equipment to facilitate access for disabled users. It contains horizontal provisions serving the other measures: the scope and general principles, basic definitions, general provisions on the national regulatory authorities (NRAs), the new concept of significant market power, and rules for granting certain essential resources such as radio frequencies, numbers or rights of way.

In response to the convergence of technologies and the need for horizontal regulation of all infrastructures, the new framework is no longer limited to telecommunications networks and services but covers all electronic communications networks and services. This includes fixed-line voice telephony, mobile and broadband communications and cable and satellite television. On the other hand, the content of services delivered over electronic communications networks, such as broadcasting content or financial services, is excluded, as is telecommunications terminal equipment to facilitate access for disabled users.

This Directive requires the adoption of national measures in terms of access to electronic communications with a view to respecting the fundamental rights and freedoms of natural persons.

National regulatory authorities

Independence

Member States must guarantee the independence of national regulatory authorities (NRAs) by ensuring that they are legally distinct from and independent of all organisations providing electronic communications networks, equipment or services. The NRAs, responsible for the ex ante regulation of markets, must not accept instructions from any other body.

Right of appeal

Effective national mechanisms must allow any user or provider of electronic communications networks or services the right of appeal to an independent appeal body in the event of any disputes with an NRA. Member States shall provide information related to appeals to the Commission and to BEREC.

Impartiality and transparency

Member States must ensure that national regulatory authorities exercise their powers impartially and transparently. They must also ensure that the NRAs make arrangements for consultation of the interested parties if they intend to take measures which could have a significant impact on the market. The NRAs are responsible for making the results of the consultation public.

Consolidation of the internal market

The NRAs, the Commission and BEREC must cooperate to determine the instruments, as well as the most appropriate solutions, to deal with any situation which may arise within the internal market for electronic communications. In certain cases, the Commission has the power to refuse measures proposed by the NRAs.

Obligations and tasks of national regulatory authorities

General tasks

To promote competition in the provision of electronic communications networks and services, the NRAs are tasked, in particular, with:

  • ensuring that users derive maximum benefit in terms of choice, price and quality;
  • encouraging efficient use and management of radio frequencies and numbering resources.

The NRAs must also contribute to development of the internal market, in particular, by:

  • encouraging the establishment and development of trans-European networks and the interoperability of pan-European services;
  • cooperating with each other and with the European Commission to ensure the development of consistent regulatory practice and application of the new regulatory framework for the telecommunications sector.

Lastly, the NRAs must promote European public interests by:

  • ensuring that all citizens have access to a universal service, as specified in the “Universal Service Directive”;
  • ensuring the availability of simple and inexpensive dispute resolution procedures;
  • contributing to ensuring a high level of protection of personal data and privacy (the “Privacy and Electronic Communications Directive”).

Member States shall cooperate with each other, as well as with the Commission to implement the strategic planning, coordination and harmonisation of the radio spectrum in the European Union.

Management of radio frequencies

The national regulatory authorities manage the radio frequencies for electronic communication services. Such radio frequencies must be allocated and assigned on the basis of objective, transparent, non-discriminatory and proportionate criteria. Beyond that, any undertaking intending to transfer rights to use radio frequencies must notify the national regulatory authority responsible for spectrum assignment. NRAs must ensure that competition is not distorted as a result of any such transaction.

Member States may, however, provide restrictions, where this is necessary to:

  • avoid harmful interference;
  • protect public health against electromagnetic fields;
  • ensure technical quality of service;
  • ensure maximisation of radio frequency sharing;
  • safeguard efficient use of spectrum;
  • ensure the fulfilment of a general interest objective (such as the safety of life or the promotion of social cohesion, in particular.

For a period of five years, holders of rights to use radio frequencies may submit an application to the NRA for a reassessment of the restrictions on their rights.

Undertakings may transfer or lease their individual rights to use radio frequencies.

Numbering, naming and addressing

Member States must ensure that NRAs control the assignment of all national numbering resources and the management of the national numbering plans. Adequate numbers must be provided for all electronic communications services. To this end, the national regulatory authorities must establish objective, transparent and non-discriminatory procedures for granting rights of use.

Rights of way

The purpose of granting rights of way is to allow an undertaking to install facilities on, over or under public or private properties. When a competent authority considers an application for the granting of rights of way it must act on the basis of transparent procedures, applied without discrimination and within six months.

Co-location and
sharing of network elements and associated facilities for providers of electronic communications services

In certain cases, Member States may impose the sharing of facilities or property on an undertaking operating an electronic communications network. This type of decision is used when there is limited access to resources due to the need to protect the environment, health or public safety or when it is not possible to reproduce the infrastructures. These sharing and coordination arrangements may include rules for apportioning the costs of facility or property sharing adjusted for risk where appropriate.

Security and integrity of networks and services

Undertakings providing public communications networks or electronic communications services must ensure the security of the networks. The competent NRA must be informed of any breach of security or loss of integrity on the network. They will in turn inform the NRAs of the other Member States.

To protect network security, the NRAs have the power to issue binding instructions to undertakings providing communication networks.

Regulatory controls on undertakings with significant market power

An undertaking is considered to have significant market power if it is in a position to behave independently of competitors, customers and, ultimately, consumers.

Market identification and definition procedure

The European Commission is tasked with adopting a recommendation on relevant product and service markets in the electronic communications sector, taking into account the opinion of BEREC. The purpose of this recommendation is to identify markets displaying characteristics which may justify the imposition of the regulatory obligations set out in the specific Directives.

Following consultation with the NRAs and BEREC, the Commission may adopt a decision which identifies trans-national markets.

Market analysis procedure

After the adoption of the recommendation, the national regulatory authorities must carry out an analysis of the relevant markets, taking account of the guidelines set by the Commission. Where a national regulatory authority concludes that a market is not effectively competitive, it must identify the undertakings with significant market power and impose appropriate specific regulatory obligations on them.

Standardisation

The Commission shall publish a list of non-compulsory standards in the Official Journal. These standards should contribute to the provision of harmonised electronic communications networks and the associated facilities and services. In order to achieve this, Member States shall encourage the use of these standards.

However, the Commission has the power to make some of these standards compulsory, through the publication of a notice in the Official Journal.

Interoperability of digital television services

In order to promote the free flow of information, media pluralism and cultural diversity, providers of digital interactive television services are encouraged to use an open application program interface (API). Similarly, providers of enhanced digital television equipment are encouraged to comply with an open API in accordance with the minimum requirements of the relevant standards or specifications. “API” means the software interfaces between applications and the resources in the enhanced digital television equipment for digital television and radio services. Providers are also encouraged to adapt their services to the needs of disabled persons.

Dispute resolution

Disputes between providers of electronic communications networks or services in the same Member State, or between such undertakings and other undertakings benefiting from obligations of access and/or interconnection, are resolved by the national regulatory authority, which is required to issue a binding decision within four months. In the event of a cross-border dispute between parties in different Member States, any party may refer the dispute to BEREC who shall publish an opinion as to the action to be taken to resolve the dispute.

Where the Commission finds divergences with regard to regulatory tasks, it may issue a recommendation or a decision on the harmonised application of the provisions in this Directive.

Penalties

Member States shall lay down rules on penalties applicable to infringements of the provisions in this Directive.

They must inform the Commission of these provisions by 25 May 2011.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/21/EC

24.4.2002

24.7.2003

OJ L 108 of 24.4.2002
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 717/2007

30.6.2007

30.8.2007

OJ L 171 of 29.6.2007

Regulation (EC) No 544/2009

2.7.2009

–

OJ L 167 of 29.6.2009

Directive 2009/140/EC

19.12.2009

25.5.2011

OJ L 337 of 18.12.2009

AMENDMENT TO THE ANNEXES

Annex II – Criteria to be used by national regulatory authorities in making an assessment of joint dominance in accordance with the second subparagraph of Article 14(2)

Directive 2009/140/EC [Official Journal L 337 of 18.12.2009].

Related Acts

REGULATIONS AND DIRECTIVES:

Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance).

Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (Text with EEA relevance)

COMMUNICATIONS:

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Progress report on the single european electronic communications market 2009 (15th report) [COM(2010) 253 final – Not published in the Official Journal].

This Communication reports on the situation of the electronic communications sector for the year 2009. Although the sector weathered the economic downturn in 2009, growth of the traditional markets such as fixed and mobile voice telephony slowed down. This could be explained by a decrease in consumer spending. Competition also weakened.
The Commission intends to take measures aimed at resolving the issues related to the divergences in regulatory approaches and to ensure an effective functioning of BEREC, with the aim of implementing effectively the regulatory framework.

Communication from the Commission of 24 March 2009 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Progress report on the Single European Electronic Communications Market 2008 (14th Report) [COM(2009) 140 final – Not published in the Official Journal].

This Communication reports on the situation in the electronic communications sector for 2008. During the year, the sector has grown and has been able to adjust to the economic difficulties.
Telecommunications revenues accounted for over 52% of those of the information and communication technologies (ITC) sector. The mobile market remains the most dynamic due to increasing call volumes and the take-off of mobile broadband. Mobile internet services are also expanding rapidly and encouraging growth in the sector. Conversely, revenues in the fixed telephony market fell by 5% compared with 2007, while internet voice telephony doubled its market share. The digital divide has been reduced, while the radio spectrum norms have been harmonised.
Overall, the competitive situation has improved. However, regulatory attempts still lack cohesion.

Communication from the Commission of 19 March 2008 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Progress Report on the Single European Electronic Communications Market 2007 (13th Report) [COM(2008) 153 final – Not published in the Official Journal].
The Commission reports on the situation on the single telecommunications market as at December 2007 on the basis of facts and figures provided by the NRAs and market players. According to the Report, the market is weighing increasingly on the European economy in general, with a growth rate of 1.9 % and revenue estimated at Euro 293 billion compared with Euro 289 billion in 2006. Investments, which are enjoying continued growth, exceeded Euro 50 billion in 2007. Mobile telephony remains the most dynamic sector, with turnover of Euro 137 billion, up by 3.8%. As regards third generation mobile telephony, its penetration rate has virtually doubled. Despite continued growth (Euro 62 billion compared with 58.5 billion in 2006) and a European penetration rate rising from 16.3 % in January 2007 to 20 % in January 2008, the potential of broadband is not fully exploited due to wide differences in availability between the best-performing Member States and other Member States or between urban and rural areas.
As regards consumers, this Report concludes that they have benefited from the strengthening of the competitive environment, be it in terms of falling prices, consumer protection or the quality of the basic services provided.
Lastly, the Commission comes back to the lack of cohesion of the regulatory environment and the barriers preventing the creation of a single telecommunications market. It refers to the reform proposals lodged in November 2007.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 13 November 2007 – Report on the outcome of the Review of the EU regulatory framework for electronic communications networks and services in accordance with Directive 2002/21/EC and summary of the 2007 reform proposals [COM(2007) 696 final – Not published in the Official Journal].
The Commission proposes reducing the regulatory inconsistencies and obstacles to the single market in order to improve regulation, suggesting that the 2007 reform proposals should enter into force before the end of 2009. These proposals are based on the following:

  • better regulation for competitive electronic communications. The Commission proposes improving the existing regulatory framework by maintaining ex-ante regulation, subject to market trends. It also proposes simplifying access to radio spectrum in order to encourage investment in new structures and release the economic potential of spectrum;
  • completing the single market in electronic communications, currently segmented and suffering from a complete absence of coherence. The Commission recommends establishing an independent “European Electronic Communications Market Authority” which will build on the increased independence of NRAs and improve the existing coordination mechanisms;
  • increasing the level of consumer protection and facilitating access to and use of communications, including by disabled users. The proposals aim in particular to strengthen security and privacy and to promote a high quality of service and unobstructed access to digital content. The Commission wishes to ensure the independence of regulatory authorities, whose links with traditional operators are often overly close, so as to ensure competition and consumer rights.

RECOMMENDATIONS

Commission Recommendation of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services [Official Journal L 344 of 28.12.2007].
The Commission lists seven markets which should be examined by national regulators. Several markets have been removed from the list provided in the 2003 Recommendation following the effective regulation of the wholesale market and developments in effective competition in the retail markets.

Selection and authorisation of systems providing mobile satellite services

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Selection and authorisation of systems providing mobile satellite services

Outline of the Community (European Union) legislation about Selection and authorisation of systems providing mobile satellite services

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Current general legal framework

Selection and authorisation of systems providing mobile satellite services

Document or Iniciative

Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS).

Summary

This Directive aims to create an internal market for mobile satellite services (MSS) open to competition and to reduce the digital divide by progressively improving coverage in less developed areas of the European Union (EU).

The Decision establishes a unique selection procedure at EU level and set outs common authorisation conditions for the operators of mobile satellite systems* by the 27 Member States. This will enable an effective use of the 2 GHz frequency band, comprising radio spectrum from 1 980 to 2 010 MHz for earth to space communications, and from 2 170 to 2 200 MHz for space to Earth communications.

Selection procedure

After the call for applications, the Commission shall organise a comparative selection procedure for operators. This procedure will comply with strict rules on transparency, fairness and non-discrimination. External experts may assist the Commission in assessing the applications.

Operators submitting an application must comply with the following eligibility criteria:

  • they shall be established in the Community;
  • they shall identify the amount of radio spectrum requested. This should be no more than 2 x 15 MHz. Evidence concerning the radio spectrum requested, the required milestones and the selection criteria should also be appended to the application;
  • they shall commit to providing mobile satellite systems covering at least 60 % of the aggregate land area of the Member States from the launch of the project and at least 60 % of the aggregate land area of each Member State by the time stipulated by the applicant or no later than seven years from the date of the selection decision.

The Commission may request additional information on the eligibility criteria. The applicant has between five and twenty working days to provide the requested information.

The selection procedure comprises two phases:

  • In the first selection phase, the Commission shall assess whether applicants have demonstrated the required level of technical and commercial development of their respective mobile satellite systems. Such assessment shall rely on the satisfactory completion of five pre-defined milestones (including satellite manufacturing and the satellite launch agreement).
  • In the second selection phase, the technical and commercial quality of the mobile satellite systems offered by the applicants is assessed according to criteria based on geographical coverage, benefits for consumers, the achievement of policy objectives and spectrum efficiency.

The Commission shall publish the list of selected operators who must then obtain authorisation at the national level.

Authorisation

Member States shall guarantee the selected operators the right to use radio frequencies and to use a mobile satellite system. These rights are subject to compliance with the following conditions:

  • selected operators must use the radio spectrum for the provision of MSS assigned to them;
  • selected operators must follow the milestones regarding satellite mating, the launch of satellites, frequency coordination and the provision of MSS within the territories of Member States (see the Annex to the Decision 626/2008/EC), in the two years following their selection;
  • selected operators must honour the commitments made during the selection procedure;
  • selected operators must provide an annual report to the competent authorities of all Member States ;
  • the rights of use and authorisations shall be granted for a duration of eighteen years from the date of the selection decision.

Complementary ground components

Once operators have been selected and authorised to carry out their activities in the 2 GHz frequency band, Member States must issue the necessary authorisations for the use of complementary ground components* of mobile satellite systems in compliance with certain common conditions. In particular, operators must use the assigned radio spectrum for the provision of complementary ground components and use them in an integrated way with the associated satellite system. In case of failure of the satellite component of the mobile satellite system, independent operation of complementary ground components shall not exceed a limited period of eighteen months. Lastly, the rights of use and authorisations of complementary components shall be granted up to the expiry of the authorisation of the mobile satellite system.

Committee

The Commission shall be assisted by the Communications Committee.

Context

This Decision forms part of the guidelines of the European Parliament Resolution of 14 February 2007 entitled “Towards a European Policy on the Radio Spectrum Policy”, which emphasises the importance of the diffusion of broadband, mobile communications and new wireless technologies in achieving universal coverage in the 27 Member States of the European Union (EU).

Pan-European satellite services also enable the expansion of geographical coverage of broadband in line with the i2010 initiative.

Key terms of the Act

  • Mobile satellite system: electronic communications networks and associated facilities capable of providing radio-communications services between a mobile earth station and one or more space stations, or between mobile earth stations by means of one or more space stations, or between a mobile earth station and one or more complementary ground components used at fixed locations. Such a system shall include at least one space station.
  • Complementary ground components of mobile satellite systems: ground-based stations used at fixed locations, in order to improve the availability of mobile satellite systems in geographical areas within the footprint of the system’s satellite(s), where communications with one or more space stations cannot be ensured with the required quality.

References

Act

Entry into force

Deadline for transposition into the Member States

Official Journal

Decision 626/2008/EC

2.7.2008

–

OJ L 172 of 2.7.2008

The Body of European Regulators for Electronic Communications

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The Body of European Regulators for Electronic Communications

Outline of the Community (European Union) legislation about The Body of European Regulators for Electronic Communications

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Current general legal framework

The Body of European Regulators for Electronic Communications (BEREC)

Document or Iniciative

Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance).

Summary

This Regulation defines the rules on the establishment and functioning of the Body of European Regulators (BEREC). The main task of BEREC is to advise and assist the European Commission in developing the internal market and to form a link between national regulatory authorities (NRAs) and the Commission. It should also serve as a body for reflection, debate and advice for the European Parliament, the Council and the Commission in the electronic communications field. BEREC should accordingly advise the European Parliament, the Council and the Commission, at their request or on its own initiative.

What is BEREC’s role?

BEREC will contribute to the functioning of the internal market for electronic communications networks and services.

Its objective is to:

  • develop and disseminate among NRAs regulatory best practice, such as common approaches, methodologies or guidelines on the implementation of the EU regulatory framework;
  • assist NRAs in the regulatory field;
  • deliver opinions on draft decisions, recommendations and guidelines;
  • issue reports and provide advice on the electronic communications sector;
  • assist the European Parliament, the Council and the Commission as well as NRAs in the dissemination of best practices.

How is BEREC to be structured?

BEREC shall be composed of a Board of Regulators, whose members shall be heads or representatives of the NRAs established in each Member State with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services. The main responsibility of the Board shall be to take all decisions relating to the performance of BEREC’s functions and to exercise BEREC’s tasks which include:

  • publishing opinions on draft measures of NRAs concerning market definition, the designation of undertakings with significant market power and the imposition of remedies as well as cooperation and collaboration with NRAs in this context;
  • consultation on draft recommendations on relevant product and service markets;
  • publishing opinions on draft decisions on the identification of transnational markets and on the development of common rules and requirements for providers of cross-border business services;
  • consultation on draft measures relating to effective access to the emergency call number 112, and the effective implementation of the 116 numbering range;
  • monitoring and reporting on the electronic communications sector, and publishing an annual report on developments in that sector.

BEREC will be assisted by the Office which comprises a Management Committee and an Administrative Manager. The Office Management Committee shall be composed of members of the Board of Regulators and a member representing the Commission. Under the supervision of the Management Committee, the Administrative Manager shall be responsible for heading the Office.

The main tasks of the Office shall be to:

  • provide professional and administrative support services to BEREC;
  • collect information from NRAs;
  • disseminate among NRAs regulatory best practice.

What financial provisions apply to BEREC?

BEREC’s resources will mainly consist of:

  • a subsidy from the European Union;
  • voluntary contributions from Member States or NRAs.

The budget shall be established by the Administrative Manager and drawn up by the Management Committee. It shall become final after the adoption of the general budget of the European Union.

BEREC may be subject to a financial audit as part of internal controls.

Context

Decision 2002/627/EC established the European Regulators Group (ERG) for Electronic Communications Networks and Services. The role of the ERG should however be strengthened. For this reason BEREC has been created to replace the ERG and to act as an exclusive forum for cooperation among NRAs and the Commission.

Reference

Act Entry into force Deadline for transposition Official Journal

Regulation (EC) n° 1211/2009

7.1.2010

–

OJ L 337 of 18.12.2009

Community financial aid to trans-European networks

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Community financial aid to trans-European networks

Outline of the Community (European Union) legislation about Community financial aid to trans-European networks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Regional policy > Management of regional policy > Trans-european networks

Community financial aid to trans-European networks

Document or Iniciative

Regulation (EC) No 67/2010 of the European Parliament and of the Council of 30 November 2009 laying down general rules for the granting of Community financial aid in the field of trans-European networks.

Summary

This regulation establishes the conditions and procedures for granting Community aid to projects of common interest in the field of trans-European networks for infrastructures in the fields of telecommunications, transport and energy.

Community aid may only be granted to projects of common interest. Parts of projects are also eligible when they form units which are technically and financially independent.

Community aid for projects can take one or more of the following forms:

  • co-financing of studies related to projects – except in exceptional cases, the Community contribution may not exceed 50% of the total cost of a study;
  • subsidies of the interest on loans granted by the European Investment Bank or other public or private financial bodies;
  • contributions towards premiums for loan guarantees from the European Investment Fund or other financial institutions;
  • direct grants to investments in duly justified cases;
  • risk-capital participation for investment funds with a focus on providing risk capital for trans-European network projects and involving substantial investment from the private-sector.

At least 55% of the funding for transport infrastructure projects should be allocated to railways (including combined transport) and a maximum of 25% to roads.

Conditions for financial aid

Community aid may be granted if the following conditions are fulfilled:

  • there is a financial obstacle to the achievement of a project;
  • the Community aid must not exceed the minimum necessary for the launch of a project;
  • except in exceptional circumstances, the total amount of Community aid must not exceed 10% of the total investment cost;
  • the Community aid must not, in principle, be granted to projects benefitting from other sources of Community funding.

The Commission may establish an indicative multiannual programme by sector to improve the efficiency of the European Union (EU). The programme will consist of projects of common interest in specific fields which require substantial funding over a long period of time. The programme must be reviewed, and if necessary revised, with regard to the effective progress of the projects.

Project selection criteria

Community aid is intended for projects that are potentially economically viable and for which the financial profitability at the time of application is deemed insufficient. The decision to grant Community assistance should also take account of:

  • the maturity of the project;
  • the stimulative effect on public and private finance;
  • the soundness of the financial package;
  • direct or indirect socio-economic effects, especially on employment;
  • the environmental consequences.

In particular in the case of cross-border projects, coordination between the various parts of the project must be taken into consideration.

Applications for financial aid

Applications for funding must be submitted to the Commission by the EU country concerned or, with the agreement of the EU country, by the body directly concerned. This regulation stipulates the information required for the assessment and identification of applications, including a provisional timetable and a description of control measures to be put in place by the EU country concerned over the use of the requested funds.

Reduction, suspension and cancellation of aid

The Commission may reduce, suspend or cancel aid for a project if, after examination, there is an irregularity or a failure to comply with one of the conditions, or a significant change in the nature of the project for which the Commission’s approval was not requested.

Except in exceptional circumstances, approved aid will be cancelled by the Commission if the project has not started within two years following the expected start date. The Commission may demand reimbursement of any aid paid if the project in question has not been completed within ten years.

Funding

The financial framework for the implementation of this regulation for the period 2000 to 2006 is EUR 4 874 880 000.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 67/2010

19.2.2010

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OJ L 27 of 30.1.2010