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) 2 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 3 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) 4 EU Policies related to re-farming Sectorial policies Horizontal policies • • • • 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 • • • Re-farming 2G bands (800/900/1800 MHz) R&D&I policy Standardisation policy Spectrum policy 5 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 6 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: • • • 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) 7 Radio Spectrum Policy Programme (RSPP) RSPP: A strategy with legally binding principles and delivery targets (243/2012/EU) • 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: • • • 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) • • 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: • 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) • „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: • • 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: • 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 • 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) • Development and validation of advanced radio access technologies and future networks concepts (was involved in development of GSM, UMTS, LTE; 5G on-going) • Gathers R&D actors from academia and industry, partially regulators involved • Development and innovation driver European standardisation approach • ETSI responsible for ICT standards, developed by constituencies; participation in global standard effort (e.g. 3GPP) • 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 13 EU 2G band re-farming : usage trends • • • LTE1800 deployments in the EU 900MHz re-farming for UMTS • 36 operators in 19 countries have deployed UMTS using the 900MHz band (as of October 2014) • Around 2000 devices available which support UMTS900 1800MHz re-farming for LTE • 66 operators in 27 countries have deployed LTE using the 1800MHz band (as of January 2015) • 1141 devices available supporting LTE1800 (as of February 2015) 900MHz re-farming for LTE • Tele2/Telenor in Sweden and Vodafone in Czech Republic have deployed LTE in the 900MHz band • 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 • Reinforcement of spectrum coordination amongst Member States • Tools for harmonising / approximation at EU level: assignment time-tables, licence durations • Coordination at EU level of assignment procedures and conditions under co-decision process Connected Digital Single Market DSM: initiative of new Commission (President Juncker) • “break down silos in telecoms regulation, in copyright and data protection legislation, in the management of radio waves and the application of competition law.” • 6 horizontal building blocks, amongst which “access and connectivity” - incorporating spectrum aspects • 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) 16 References • Communication Regulatory Framework: Relevant legislative documents • Radio Spectrum Policy Programme (RSPP): RSPP Decision text • Radio spectrum regulation: Relevant legislation • Introduction to competition regulation: Anti-trust • COCOM guidelines on re-farming/rights of use: Working document text • Guidelines on horizontal cooperation agreements: • Cases on network sharing: • CEPT reports relevant 900/1800 MHz re-farming: Report 82 Report 40 Report 41 Reports 42 Report 96 • 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) 17
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