Workshop on Radio Frequencies International Legal Expert Meeting 1920 January 2012 Leiden University The Netherlands Gerry Oberst EU Principles for Radio frequencies Legal principles set at the EU level ID: 200329
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Slide1
January 2012
Workshop on Radio Frequencies
International Legal Expert Meeting, 19-20 January 2012
Leiden University, The Netherlands
Gerry OberstSlide2
EU Principles for Radio frequenciesLegal principles set at the EU levelElectronic Communications Regulatory Framework (in effect May 2011 in principle)
General regulatory principles – Framework Dir. Article 8Framework Dir. Articles specific to spectrum managementIndividual rights of use – Authorisation Dir. Article 5
Competition rules – large impact on spectrum decisionsRadio Spectrum Policy Programme (policy to 2014)
2Slide3
Expanding Impact of Competition Rules 2. Framework and new RSPP provisionsOriginal framework
2009 Framework
The RSPP
3
The 2002 Framework contained mainly general references to the need to promote competition, with limited direct application to spectrum regulation
. The 2009 amendments to the regulatory framework greatly expanded rules for planning, management and review in spectrum policy. Also expanded application
of competition law concepts applied to spectrum regulation
.
The
RSPP will even further expand application
of competition law concepts applied to spectrum
regulation and give the Commission new tools for regulation /
harmonisationSlide4
Radio Spectrum Policy Programme3. RSPP Article 5 "Competition"Member States shall promote effective competition and shall avoid distortions of competition
in the internal market for electronic communications services...Member States may adopt, inter alia, the following measures:Spectrum Caps or conditions
Reserve bands for new entrantsConditions on transfers or accumulationsAmend existing rights of use – anti-hoarding
***Member States shall ensure that the authorisation and selection procedures for
electronic communications services promote effective competition for the benefit of citizens, consumers and businesses in the Union.
.4paraphrasedSlide5
Competition Standards for Spectrum Regulation5
Are all these saying the same thing ?
Probably not
4. Standards for competition assessments
The big pictureSlide6
Competition Standards for Spectrum Regulation6
4. Standards for competition assessments (cont'd)
The RSPP pictureSlide7
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