Activities of Andrew LEWER related to 2016/0027(COD)
Shadow opinions (1)
OPINION on the proposal for a decision of the European Parliament and of the Council on the use of the 470-790 MHz frequency band in the Union
Amendments (19)
Amendment 16 #
Proposal for a decision
Recital 1
Recital 1
(1) In the multiannual radio spectrum policy programme (RSPP) established by Decision No 243/2012/EU20 , the European Parliament and the Council set the objectives of identifying at least 1 200 MHz of spectrum suitable for wireless broadband electronic communications services in the Union by 2015, of supporting the further development of innovative audiovisual mediabroadcasting services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services, if the need is clearly substantiated, and of ensuring sufficient spectrum for programme making and special events (PMSE). _________________ 20 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 18 #
Proposal for a decision
Recital 2
Recital 2
(2) In its strategy for the digital single market (DSM)21, the Commission highlights the importance of the 694-790 MHz (‘'700 MHz’') frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band, while accommodating the specific needs of audiovisual mediabroadcasting services distribution. _________________ 21 See http://ec.europa.eu/priorities/digital- single-market/index_en.htm.
Amendment 21 #
Proposal for a decision
Recital 4
Recital 4
(4) For Region 1, which includes the Union, the International Telecommunication Union’'s Radio Regulations adopted by the World Radiocommunication Conference in 2015 have allocated the 700 MHz frequency band to the broadcasting and the mobile (except aeronautical mobile) service on a co- primary basis, and the 470-694 MHz (‘'sub- 700 MHz’') frequency band exclusively to the broadcasting service, on a primary basis, and to wireless audio PMSE use, on a secondary basis.
Amendment 24 #
Proposal for a decision
Recital 6
Recital 6
(6) Spectrum sharing within a common frequency band between bidirectional wireless broadband use (uplink and downlink), on the one hand, and unidirectional television broadcasting or wireless audio PMSE use, on the other hand, is technically problematic where their coverage areas overlap or are in close proximity. This means that repurposing the 700 MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive DTT and wireless audio PMSE users of part of their spectrum resources. The DTT and PMSE sectors therefore need long- term regulatory predictability on the availability of sufficient spectrum, so that they can secure their investments and safeguard the sustainable provision and development of their services, in particular free-to-view television. Measures may be needed at national and Union level to ensure additional spectrum resource for wireless audio PMSE use outside the 470-790 MHz frequency band.
Amendment 26 #
Proposal for a decision
Recital 7
Recital 7
Amendment 27 #
Proposal for a decision
Recital 8
Recital 8
(8) The Radio Spectrum Policy Group (RSPG) recommends in its opinion on a long-term strategy on the future use of the 470-790 MHz frequency band in the Union (the ‘'RSPG opinion’') the adoption of a coordinated approach across the Union to make the 700 MHz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020, noting that Member States should be able to decide, on the basis of reasonable grounds, to delay the availability of the band for up to two years. This would be in conjunction with ensuring long-term availability until 2030 of the sub-700 MHz frequency band for the downlink-only provision of audiovisual media services. The RSPG particularly recommends introducingprimarily for the provision of broadcasting services. The RSPG recommends that Member States should have the flexibility sto thatuse the sub-700 MHz frequency band can also be used for downlink-only wireless broadband electronic communications servicfor wireless broadband electronic communications services and that there is a need to study this option in more detail, provided that such use is compatible with the broadcasting needs of relevant Member States and does not constrain DTT operations in neighbouring countries.
Amendment 28 #
Proposal for a decision
Recital 9
Recital 9
(9) As sSome Member States have already launched or completed a national process to authorise the use of the 700 MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services, the Union should take immediate action in order to prevent fragmentation of the single market. What is needed is a. A coordinated approach to the future use of the 470-790 MHz frequency band, which should also is needed to help provide regulatory predictability, balance Member State diversity with singleternal market objectives and promote a coherent Union position on the international sceneEuropean leadership in technological innovation. In this context, Member States should be required to repurpose the 700 MHz frequency band in a timely manner in accordance with Union and national law.
Amendment 29 #
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States unable to allow the use of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications by 30 June 2020 should provide reasonable grounds for any delays. Administrative delays or existing rights of use should not be considered to be reasonable grounds for delaying such use of the 694-790 MHz frequency band beyond 2020. Member States concerned by such delays and the Commission should be informed accordingly.
Amendment 31 #
Proposal for a decision
Recital 12
Recital 12
(12) In line with Articles 9 and 9a of Directive 2002/21/EC, Member States should apply a flexible approach where possible and may allow the introduction of alternative downlink-only uses such as terrestrial wireless broadband electronic communications services in the sub-700 MHz frequency band in accordance with national needs for distribution of audiovisual media services to a mass audience. When allowing use within the sub-700 MHz frequency band for downlink-only terrestrial wireless broadband electronic communications services, Member States should ensure that such use does not affect the use of sub-700 MHz band for digital terrestrial broadcasting in neighbouring Member States, as provided for in the agreement at the Regional Radiocommunication Conference of 200625 . _________________ 25 Regional Radiocommunication Conference of 2006 for planning of the digital terrestrial broadcasting service in parts of Regions 1 and 3, in the frequency bands 174-230 MHz and 470-862 MHz (RRC-06) in Geneva.
Amendment 32 #
Proposal for a decision
Recital 13
Recital 13
(13) In any caseAs recommended in the Lamy report, spectrum usage in the 470-694 MHz frequency band should be reassessed at Union level no later than 2025. Such an assessment should also take into account the planned review of this frequency band at the World Radiocommunication Conference in 2023. Changes in the use of the sub-700 MHz frequency band should take into consideration technological developments, consumer behaviour, the importance of continuing the delivery of free television26 services and social, economic and cultural general interest objectives. In this context, studies on technical and regulatory conditions for co-existence between incumbent and new spectrum uses in the sub-700 MHz frequency band are necessary. These would ensure coherence between the approaches taken by different Member States on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co- existence in this band. Such studies and measures may be developed pursuant to Decision No 676/2002/EC. _________________ 26 In the meaning of Directive 2010/13/EU of the European Parliament and of the Council (Audiovisual Media Services Directive).
Amendment 36 #
Proposal for a decision
Recital 14
Recital 14
(14) Member States should adopt coherent national roadmaps to facilitate the use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band. Once adopted, Member States should communicate the roadmaps in a transparent manner around the Union. The roadmaps should cover activities and timescales for frequency re-planning, technical developments for network and end-user equipment, co-existence between radio and non-radio equipment, existing and new authorisation regimes and information on the possibility to offer compensation for migration costs, where these wcould arise, in order to avoid, inter alia, costs for end- users. Where Member States intend to maintain DTT, the roadmaps should give particular attention toconsider facilitating upgrades of broadcasting equipment to more spectrum- efficient technologies such as advanced video formats (e.g. HEVC) or signal transmission technologies (e.g. DVB-T2).
Amendment 39 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) By 30 June 2020, Member States shall allow the use of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the Commission pursuant to Article 4 of Decision 676/2002/EC. Member States may decide to delay the availability of the band on the basis of reasonable grounds, for up to two years, ensuring that the Commission is informed accordingly. Where necessary, Member States shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with Directive 2002/20/EC, in order to allow that use.
Amendment 41 #
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
By 30 June 2022the date of allocation of the use of the band to terrestrial systems capable of providing wireless broadband electronic communications services, Member States shall allow the transfer or leasing of the rights of use of spectrum for electronic communications services in the 694-790 MHz frequency band.
Amendment 43 #
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
When Member States authorise the use of the 694-790 MHz frequency band or amend existing rights to use the 694-790 MHz frequency band, they shall take all necessary measures to ensure a high-due account of the opportunity to increase the level and quality level of coverage of their population and territory at speeds of at least 30 Mb/s, both indoors and outdoors, includingthrough services deployed in the band. This may include measures aimed at services in pre- determined national priority areas where necessary, and along major terrestrial transport paths. Such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with Union law.
Amendment 45 #
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
To that end, Member States shall assess and, where appropriate, consult on the need to attach conditions to the rights of use for frequencies within the 694-790 MHz frequency band.
Amendment 47 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
(1) Member States shall ensure availability at least by 31 December 2030 of the 470-694 MHz frequency band or parts of the band for the terrestrial provision of audiovisual mediabroadcasting services to mass audiences, including free television, and for use by wireless audio PMSE equipment, based on national broadcasting needs. Member States shall ensure that any other use of the 470-694 MHz frequency band on their territory is compatible with the broadcasting needs in the relevant Member States and does not cause harmful interference withto the terrestrial provision of audiovisual mediabroadcasting services in a neighbouring Member State. Such use shall be without prejudice to obligations resulting from international agreements.
Amendment 49 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 51 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
By 30 June 20178, Member States shall adopt and make public their national plan and schedule (‘'national roadmap’') for fulfilling their obligations under Articles 1 and 4 of this Decision.
Amendment 53 #
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States may, where appropriate and in accordance with Union law, ensure that the direct cost of migration or reallocation of spectrum usage is adequately compensated in accordance with national law.