EFSC Proposal to amend TSM regulation
Vice-President Kroes’ Connected Continent proposal offers a new opportunity for the European Parliament to get future European spectrum policy right and to avoid harmful interference of new spectrum uses with existing radio services and applications. Harmful interference can manifest itself in the form of lost broadband connections or TV signals, disruption of a live performance, a train left unable to properly communicate or emergency services not being available.
Radio spectrum is a scarce natural resource and the European electromagnetic environment is constantly evolving. This requires careful consideration given the broad usage of radio spectrum in daily communications whether for individuals or businesses.
We don’t start from nothing, the Radio Spectrum Policy Programme already framed EP’s position on spectrum. Based on this, thorough impact assessments and fair consultation involving all stakeholders are needed to ensure ongoing compatibility between new and existing devices and services, and to avoid potential interruption of essential services due to unwanted interference. Coexistence is a political and economic issue of paramount importance to ensure that daily connectivity is not interrupted.
The European Forum for Spectrum Coexistence aims at preserving the coexistence between devices and services when new radio services are introduced. Its mission is to collectively ensure that any radio spectrum allocation and related policy take into account deployed radio and non-radio electronic equipment in order to promote quality connectivity of products and services for European consumers and business.
The European Forum for Spectrum Coexistence is an open group composed of many takeholders ranging from equipment manufacturers to service providers and live performance associations. Active participants currently include: APWPT, CABLE EUROPE, ZVEI, PEARLE, Kathrein, Panasonic Europe, SES, CER.
COM(2013) 627 final 2013/0309 (COD) :
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012 Chapter III European inputs - Section 1 - Coordination of use of radio spectrum within the single market Article 11.1 – Additional provisions related to conditions for use of radio spectrum
1. Where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio pectrum under a general authorisation regime, national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime.
1.a Where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime, national competent authorities hall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime.
the technical conditions for availability and efficient
use of harmonised radio spectrum for wireless broadband communications are not met, in order to improve Spectrum efficiency, National competent Authority may adopt adequate measures including compensation for existing users or radio pectrum usage right holders if they encounter additional costs. By derogation, to maintain the interoperability of harmonised communication systems through the European Union, in particular when safety is concerned, the Commission shall adopt by means of implementing acts appropriate technical coexistence levels, mitigation measures and minimum compensation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33(2).
Justification: The current Commission proposal does not explicitly mention the coexistence or the need to prevent interference (with existing services etc.). Increased consideration should be given to deployed services – radio or nonradio – when defining the technical conditions for introducing a new service. These technical parameters should be established in such a way that impact on existing radio and non-radio services and equipment will be avoided or minimized.
If this can not be achieved, existing users or radio spectrum usage right
holders may encounter additional costs; compensation mechanism can be a tool to find swift and efficient solutions without prejudice to the
interoperability of European harmonized solutions.