European re-farming strategies and policies - Regional EU

Re-farming 2G-bands (800/900/1800 MHz)
European re-farming
strategies and policies
Ruprecht Niepold
Expert Radio Spectrum
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
Overview
• The EU situation
• Policies relevant to re-farming
• Implementation of re-farming and results
• Current issues and outlook
• References
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
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The EU situation
28 Radio Administrations
28 Member States
European Union
Where does spectrum re-farming fit in ?
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
Internal market
EU policies
EU regulation
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2G spectrum re-farming in the EU “fabric”
re-farming
„handles“
National service
providers
National services
markets
Pan-European
service providers
National usage
rights (licenses)
2G spectrum
(900/1800MHz)
National frequency
strategies
European spectrum
coordination/strategy
European R&D
European (global)
standards
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
European (global)
services markets
Interoperability /
roaming
Re-farming 2G bands (800/900/1800 MHz)
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EU Policies related to re-farming
Sectorial policies
Horizontal policies
•
•
•
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Competitiveness
Competition
Internal market
•
Information Society
(broadband, cloud,…)
Environment, Transport,
Energy, etc.
2G spectrum
(900/1800MHz)
Regulatory policies and
implementing tools
•
•
•
Communications
Regulatory Framework
Competition regulation
Spectrum regulation
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Enabling policies
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•
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Re-farming 2G bands (800/900/1800 MHz)
R&D&I policy
Standardisation policy
Spectrum policy
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EU Policies’ contribution to re-farming
Radio Spectrum Policy
Programme (RSPP):
fixing objectives
R&D Framework
programme:
future networks, radio
EU input to global
standards:
new radio technologies
new
technologies
sufficient
efficient use
spectrum
of spectrum
2G spectrum
re-farming
(900/1800MHz)
coordinated use
Radio Spectrum Regulation:
harmonisation measures /
tools for coordination
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Communication
Regulatory Framework:
setting regulatory rules
assignment
rules
ensure
competitive
markets
Internal Market:
Telecom Single Market,
Digital Single Market
Re-farming 2G bands (800/900/1800 MHz)
Competition regulation:
merger/acquisition,
state aid, market
dominance
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Communications Regulatory Framework
Regulatory framework sets general rules managing spectrum and usage rights:
Framework Directive (FD) 2002/21/EC + Authorisation Directive (AD) 2002/21/EC
both amended by Directive 2009/14/EC
• Efficient use and effective management of spectrum established as objectives (art.8 FD)
• Binding principles set for the management of usage rights (art.9 FD and art.5 AD)
• Obligation for national authorities to ensure competition (art. 5 AD)
• Establishment of a strategic radio spectrum policy programme (RSPP)
• Technology and service neutrality: imposed for new bands (art.9 FD), defining transition towards
TN /SN for old bands
• Legal certainty for right holders (e.g. in case for amendments of usage rights) (art.14 FD)
• Co-location and facility sharing (art.12 FD)
Impact on 2G re-farming:
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Transition for TN: spectrum users can apply for liberalised usage (2013-2016), and have an
automatic right after 2016 to use the band as TN
Legal certainty for 2G band usage right holders
Obligation to maintain competitive environment when re-farming
Lessons learned:
•
Coherent (regional) regulatory framework governing re-farming both for spectrum planning
and managing of usage rights key
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
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Radio Spectrum Policy Programme (RSPP)
RSPP: A strategy with legally binding principles and delivery targets
(243/2012/EU)
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Principles: „efficient use“ and „technology / service neutrality“ for spectrum bands
used by wireless services.
•
Target: 1200 MHz available for wireless broadband services by 2015
Impact on 2G-refarming:
•
2G bands as part of spectrum target looked at in conjunction with all bands identified
for wireless services
•
Accelerating liberalisation of 2G bands by call for applying TN principle
Lessons learned:
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•
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Common strategy as a mobilising factor to achieve a regional convergence
Binding overall targets with delivery dates are important
Multiband approach
ASPF-5
18 March 2015
Vientiane, Lao People's
Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
8
Spectrum Regulation
Deliverables and implementation mechanisms of EU spectrum regulation
(Radio Spectrum Decision 676/2002/EC)
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Technical specifications for TN, developed under EC mandate by CEPT / ECC
for 800MHz, 900MHz, 1800MHz, 2GHz, 2.6GHz and 3.4 GHz.(1.5 GHz under review)
Implementation: technical specifications adopted as binding „EU Decisions“
Impact on 2G re-farming:
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TN parameters developed for 2G bands: Block Edge Mask method:
• UMTS in GSM 900/1800 MHz (ECC Report 82, 2006)
• LTE and WiMax in GSM 900/1800 MHz (ECC Report 40, 2010)
• Compatibility with adjacent bands (ECC Report 96, 2007, and 41 and 42, 2010)
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„EU Decisions“: legally binding to Member States
• Original GSM Directive 87/372/ECC (amended)
• Directive 2009/114/EC and Decision 2009/766/EC for UMTS in 900/1800 MHz
• Decision 2011/251/EC for LTE and WiMax in 900 / 1800 MHz
Lessons learned:
•
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Block Edge Mask concept is viable in 2G bands
A legal tool to make TN parameters binding at regional level is important!
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
9
Competition Regulation
Communication
Regulat. framework
Competition
regulation
(binding to MSs who act)
(EU power of execution)
Market dominance /
ECS regulation
Framework Directive 2002/21/EC
State Aid
Art.107 Treaty
Framing the action by regulators / MSs administrations
market assessments
 regulation
balancing benefits
of re-farming;
assigning methods
Merger and
acquisition
Anti-trust
Art. 101, 102 Treaty
Council Regulation 139/2004
EU action with direct impact on market players
spectrum asset
revision as remedy
guidelines on horizontal
cooperation agreements;
network sharing (ref. cases)
Impact on 2G re-farming:
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Re-organising 2G bands is conditioned by competition rules
•
Liberalisation of 2G bands but also recent consolidation cases in the EU required re-organising 900/1800 MHz
bands under competition aspects
Lessons learned:
•
Competition aspects are key factor when re-farming 2G bands
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Difficulty to link service markets to spectrum assets, especially when implementing TN/SN
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
10
R&D, standardisation
European R&D initiative (“Framework Programme”  H2020)
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Development and validation of advanced radio access technologies and future networks concepts
(was involved in development of GSM, UMTS, LTE; 5G on-going)
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Gathers R&D actors from academia and industry, partially regulators involved
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Development and innovation driver
European standardisation approach
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ETSI responsible for ICT standards, developed by constituencies; participation in global standard
effort (e.g. 3GPP)
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Possibility for mandating standards where needed for legislative measures
Impact on 2G-refarming:
• Radio access specifications as basis for technical band harmonisation (BEM)
• New technologies emerging from R&D guide spectrum resource planning
Lessons learned:
•
Importance of linking R&D, standardisation and spectrum management
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
11
EU coordinated approach to 2G re-farming: mechanisms
Combining EU frame with national decisions on spectrum management
responsibilty
action
impact area
enforcement
EU + Member States
Identifying policy objectives
Identifying spectrum needs for
specific horizontal policies
agreed EU objectives as
basis
EU
Setting reference principles
managing spectrum, usage
rights
legally binding, directly
applicable to MSs
EU
Setting generic hard targets
TN/SN, amount of spectrum
legally binding, to be
transposed by MSs
EU
(assisted by CEPT)
Harmonising band parameters
and transitions modalities
defining technical band
characteristics
legally binding, to be
transposed by MSs
legally binding, application
of EU own powers
EU
Competition regulation
obligation on national
administrations (ex ante),
verification (ex post)
EU + Member States
Market regulation
services markets (relation
to spectrum assets)
legally binding, application
of EU own powers
EU + Member States
Providing guidance to
national regulators
spectrum managment best
practices
not legally binding, advisory
Spectrum coordination
consensus on non-binding
harmonisation
cross-border interference
voluntary, (report to EU in
case of problems)
Member States
(bilaterally, via CEPT)
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
12
EU 2G band re-farming results: liberalising multiple bands
EU strategy on 2G re-farming: a multi-band approach (including 2G bands)
liberalisation status
harmonised
legal base / remark
800 MHz
TN/SN
since 2012
2010/267/EU
243/2012/EU
since 2011
2009/114/EC; 2009/766/EC
2011/251/EU
TN/SN
since 2012
2012/688/EU
2.6 GHz
TN/SN
since 2008
2008/477/EC
3.4-3.6 GHz
3.6-3.8 GHz
TN/SN
since 2008
2008/411/EC
2014/276/EU
1.5 GHz
TN/SN
[planned 2015]
on-going
2.3 GHz
TN/SN
[planned 2015]
on-going,
LSA regime
700 MHz
TN/SN
[planned 2016]
on-going
2GHz
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
from dedicated GSM 
TN/SN
from dedicated UMTS 
Re-farming 2G bands (800/900/1800 MHz)
on-going
1025 MHz
1120 MHz
900/1800 MHz
past
band
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EU 2G band re-farming : usage trends
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LTE1800 deployments in the EU
900MHz re-farming for UMTS
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36 operators in 19 countries have
deployed UMTS using the 900MHz
band (as of October 2014)
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Around 2000 devices available which
support UMTS900
1800MHz re-farming for LTE
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66 operators in 27 countries have
deployed LTE using the 1800MHz
band (as of January 2015)
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1141 devices available supporting
LTE1800 (as of February 2015)
900MHz re-farming for LTE
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Tele2/Telenor in Sweden and
Vodafone in Czech Republic have
deployed LTE in the 900MHz band
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486 devices available supporting
LTE900 (as of February 2015)
* Only EU country that has not launched LTE1800 is Cyprus
Source: Global mobile Suppliers Association reports (www.gsacom.com)
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
14
EU 2G band re-farming in context: assigned spectrum
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
15
Reinforcing the Internal Market - the spectrum dimension
2G re-farming achievement:
• EU-coordinated technical liberalisation achieved, TN/SN usage rights’ status completed at the latest
in 2016
• An on-going process in the context of a multi-band approach - including 2G bands
Connected Continent (Telecoms Single Market TSM): new provisions on spectrum
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Reinforcement of spectrum coordination amongst Member States
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Tools for harmonising / approximation at EU level: assignment time-tables, licence durations
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Coordination at EU level of assignment procedures and conditions
under co-decision process
Connected Digital Single Market DSM: initiative of new Commission (President Juncker)
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“break down silos in telecoms regulation, in copyright and data protection legislation, in the
management of radio waves and the application of competition law.”
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6 horizontal building blocks, amongst which “access and connectivity” - incorporating spectrum
aspects
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expected to include: a review of Communications Regulatory Framework, an update of the RSPP
Legislative proposals expected in May 2015
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
Re-farming 2G bands (800/900/1800 MHz)
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References
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Communication Regulatory Framework:
Relevant legislative documents
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Radio Spectrum Policy Programme (RSPP):
RSPP Decision text
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Radio spectrum regulation:
Relevant legislation
•
Introduction to competition regulation:
Anti-trust
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COCOM guidelines on re-farming/rights of use: Working document text
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Guidelines on horizontal cooperation agreements:
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Cases on network sharing:
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CEPT reports relevant 900/1800 MHz re-farming: Report 82 Report 40 Report 41 Reports 42 Report 96
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Connected Continent (TSM):
ASPF-5 18 March 2015, Vientiane,
Lao People's Democratic Republic
State aid
Mergers
Guidelines text
Germany, 2003 (T Mobile / O2)
UK, 2003 (T Mobile / O2)
Introduction and links to legal proposals
Re-farming 2G bands (800/900/1800 MHz)
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