Regulatory challenges in assigning scarce resources:

International aspects and how these are implemented at regional and national levels

Adrian GaleaManager, Spectrum Planning & AuthorisationMalta Communications Authority

5 March 2013

Outline of Presentation:

Introduction – General aspects

Spectrum Management in the global context:

ITU

CEPT

European Union

Malta

Concluding remarks

• Liberalised sector

• Demand for spectrum is increasing- new technologies- new radio services- mobile / nomadic applications- advantages of wireless infrastructures

• Technological evolution

• Market players are more competent

• Convergence

Introduction … the changing environment

• Spectrum is a scarce resource and is shared by different services / users (e.g. fixed & satellite)

• Interference – radio waves do not respect national boundaries

• Only relatively small part of spectrum is suitable for certain applications (e.g. broadcasting & mobile): demand for spectrum often exceeds

supply

Introduction… why regulate spectrum?

Outline of Presentation:

Introduction – General aspects

Spectrum Management in the global context:

ITU

CEPT

European Union

Malta

Concluding remarks

Spectrum management in the global context for Malta

CEPT48

European Administr

ations

Harmonised Regional solutions (e.g. GSM,

3G) in CEPT via Decisions, European

Frequency allocations, etc.

ITU193 Member States

Broad categories of usage (allocations) and regulations

(e.g. for co-ordination) agreed at WRCs/RRCs - international

treaty status)

European Union27 Member States

EU Directives, EU Decisions, Regulations, etc.

Malta(Ministry, MCA,

industry, users, etc.)National legislation, policy, strategies,management of spectrum

International Telecommunication Union… general

• Is the United Nations specialized agency for ICTs

• Its supreme organ is the Plenipotentiary Conference

• It has three main areas of activity organized in ‘Sectors’ which work through conferences and meetings:• Radiocommunication

• Telecommunication Standardisation• Next generation networks, IPTV, Security, home

networking, etc…

• Telecommunication Development• Capacity building, bridging the digital divide,

etc…

International Telecommunication Union… WRCs

• Held every 3 to 4 years

• Under the ITU Constitution a WRC can:• Revise the Radio Regulations and any

associated Frequency assignment and allotment Plans

• Address any radiocommunication matter of worldwide character

• Instruct the Radio Regulations Board and the Radiocommunication Bureau, and review their activities

• Determine Questions for study by the Radiocommunication Assembly and its Study Groups in preparation for future Radiocommunication Conferences

The CEPT organisation

The CEPT organisation… the ECC

• Its primary objective is to harmonise the efficient use of the radio spectrum, satellite orbits and numbering resources across Europe: develops Decisions, Recommendations and Reports deliverables are not binding but provide guidance to

countries and industry

• It takes an active role at the international level, preparing common European proposals to represent European interests in the ITU and other international organisations

• The ECC’s approach is strategic, open and forward-looking, and based on consensus between the member countries

• The ECC carries out technical studies for the European Commission through Mandates

• Spectrum matters fall within the Information Directorate-General for Communications Networks, Content and Technology

• Composed of a number of Directorates, the Electronic Policy Directorate deals with radio spectrum policy matters

• Two main groups contribute to the development of spectrum policy for the EU: RSCOM, RSPG

The European Union… General

• Framework Directive (2002/21/EC) on a common regulatory framework for electronic communications networks and services

• Authorisation Directive (2002/20/EC) on the authorisation of electronic communications networks and services

• Access Directive (2002/19/EC) on access to, and interconnection of, electronic communications networks and associated facilities

• Radio Spectrum Decision (2002/676/EC) on a regulatory framework for radio spectrum policy in the European Community

• R&TTE Directive (1999/5/EC) on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity

• RSPP Decision (243/2012/EC) establishing a multi-annual radio spectrum policy programme

• Directives / Decisions harmonising the use of radio frequencies (click here)

The European Union… Main EU legislation

• Established under the Radio Spectrum Decision and chaired by the Commission

• It assists the Commission for the development of technical implementing decisions to ensure harmonised conditions across Europe for the availability and efficient use of radio spectrum

• It develops measures to ensure that information on the use of radio spectrum is provided accurately and in a timely manner

The European Union… Radio Spectrum Committee (RSCom)

Examples:• Decision 2006/771/EC on harmonisation of radio

spectrum for use by short range devices: Amended almost annually to reflect developments in the

sector

• Decision 2007/344/EC on harmonised availability of information regarding spectrum use: http://www.efis.dk/ Contains frequency allocations, applications, assignments

and radio interfaces

• Decision 2009/766/EC on harmonisation of the 900 MHz and 1800 MHz bands for the provision of pan-European services

The European Union… Radio Spectrum Committee (RSCom)

• The RSPG contributes to the development of a Radio Spectrum Policy in the Community

• It takes into account not only technical parameters but also economic, political, cultural, strategic, health and social considerations

• The RSPG adopts opinions, which are meant to assist and advise the Commission on Radio Spectrum Policy issues

• List of RSPG Opinions (click here)

The European Union… Radio Spectrum Policy Group (RSPG)

Examples:• Opinion on the process for EU assistance in bilateral

negotiations with third countries (2012)

• Opinion on the Main themes of WRC-12 of interest for EU-Wide support (2009)

• Opinion on the Digital Dividend (2009)

• Opinion on WAPECS (2005)

The European Union… Radio Spectrum Policy Group (RSPG)

Highlights issues. Regulatory solution.

The EU - CEPT strategy… deliverables establishment process

Input from industry

(ETSI SRDoc)

ECC designates WG/TG/PT

Technical & Regulatory

studies

ECC Decision,ECC Rec.

Specifies technical, operational and spectrum needs

Undergoes Public Consultation

Highlights issues. Regulatory solution.

Spells out timeframe,

TOR, expected

deliverables

The EU - CEPT strategy… deliverables establishment process

Input from industry

(ETSI SRDoc)

ECC designates WG/TG/PT

Technical & Regulatory

studies

CEPT Report, ECC Decision,

ECC Rec.

EC drafts Mandate

RSCOM approves Mandate

RSCOM adopts

EC Decision

Draft EC

Decision

Mandate to

CEPT

Report to EC

Regulatory & Legislative Framework

Specifies technical, operational and spectrum needs

Undergoes Public Consultation

National… Legal and Regulatory foundations

Main Instruments:

• Malta Communications Authority Act (Cap. 418)

• Electronic Communications (Regulation) Act (Cap. 399)

Electronic Communications Networks and Services (General) Regulations (S.L.399.28)

General Authorisations (Radiocommunications Apparatus) Regulations (S.L.399.40)

• National Frequency Plan (NFP)

• Various strategic / policy documents concerning radio frequencies (http://www.mca.org.mt/consultations-and-decisions)

National… Implementation of international deliverables

Why?

• International obligations: EU Decisions, ITU RR

• Spectrum harmonisation: Required for cross-border movement of certain systems

(ships, aircrafts, mobile communications)

Global harmonisation of spectrum usage allows wireless equipment manufacturers in achieving larger economies of scale and operators in achieving a more rapid rollout of new services

National… Implementation of international deliverables

When?

• International deliverables contain implementation timelines: Implementation deadline of EU Decisions is usually 6

months

• National circumstances: Public consultation procedures leading to the establishment

of national regulations / policies

Migration of certain services to other frequency bands: Broadcasting in the 800 MHz band

National… Implementation of international deliverables

How?

• The National Frequency Plan is the main instrument which implements specific international deliverables: Article 5 of the Radio Regulations EU spectrum decisions ECC deliverables ITU Recommendations

• The General Authorisations (Radiocommunications Apparatus) Regulations define the parameters relating to the use of certain radiocommunications equipment

• Conditions attached to individual licences (rights of use)

National… Implementation of international deliverables

Issues…

• Harmonisation could lead to inefficiencies in the form of regulatory delay

• International aspects of spectrum management could not necessarily meet the requirements of a country at that particular time

National… Implementation of international deliverables

Essential ingredients…

• Consultation: Public consultation Workshops with industry, user groups and governmental

entities

• Spectrum strategy: Be aware of international developments (current / planned) Take account of economic, political and social issues Long term planning identifying consequences for the future Comprehensive to sufficiently accommodate national

spectrum requirements, both known and anticipated Have an implementation plan

Outline of Presentation:

Introduction – General aspects

Spectrum Management in the global context: European Union, CEPT, ITU, Malta

Concluding remarks

Concluding Remarks

• Spectrum is a valuable natural and scarce resource: Significant economic and social value to a nation Demand for spectrum is increasing

• Regulators should know the spectrum management environment and adopt accordingly: National and International A flexible spectrum management approach, e.g. neutrality

• Global harmonisation has significant benefits to economies /users, and will ease the market entry of new technologies

• Try to learn and influence in the decision making process: Participate in key groups

http://www.mca.org.mt/