Regulating the radio spectrum

SUMMARY OF:

Decision No 676/2002/EC on a regulatory framework for radio spectrum policy (radio spectrum decision)

WHAT IS THE AIM OF THE DECISION?

The decision seeks to coordinate policy within the European Union (EU) on the availability of radio spectrum* and the technical conditions for its efficient use.

It applies the allocation of radio and wireless communication frequencies, ranging in particular from global system for mobile communications (GSM) to fifth generation (5G) mobile communications for frequencies between 9 kHz and 3000 GHz relevant for the internal market.

KEY POINTS

Radio Spectrum Committee

The decision establishes a Radio Spectrum Committee, which is chaired by the European Commission. The committee comprises representatives of the EU Member States and examines proposals on technical measures to harmonise conditions for the availability and use of the radio spectrum.

Building also on the general principles contained in the radio spectrum policy programme, adopted under Decision No 243/2012/EU (see summary), the Radio Spectrum Committee assists the Commission in defining, developing and implementing EU radio spectrum policy.

The committee also issues opinions on the mandates transmitted by the Commission to the European Conference of Postal and Telecommunications Administrations (CEPT) on the harmonisation of radio frequency allocation and the availability of information relating to the use of the spectrum. The Commission’s draft measures, once approved by the committee and adopted by the Commission, are binding throughout the EU and have to be followed by Member States when granting rights to use spectrum.

Radio Spectrum Policy Group

A related decision adopted by the Commission in 2019, replacing the original Decision 2002/622/EC, sets up the Radio Spectrum Policy Group (RSPG), a high-level advisory group designed to assist it, the European Parliament and the Council of the European Union, at their request, in developing radio spectrum policy and strategy (see summary).

European Electronic Communications Code

The RSPG’s role includes coordinating and cooperating with the Commission, the Member States and their relevant authorities in the strategic planning and coordination of radio spectrum policy, as required of it under Directive (EU) 2018/1972 establishing the European Electronic Communications Code (see summary).

Directive (EU) 2018/1972 also requires Member States to provide operators with predictable regulation for radio spectrum licensing for wireless broadband for at least 20 years to promote investment, in particular in 5G connectivity, and increased convergence of national selection procedures through a peer review forum. The directive also includes rules on new frequency bands for 5G connectivity for faster internet connections and better connectivity, and concerning the coordinated timing of spectrum licensing, along with a lighter regulatory regime for small mobile network equipment deployment.

It is also worth highlighting Decision (EU) 2017/899 (known as the UHF Decision), which ensures that the frequency band 470-790 MHz, used for terrestrial broadcasting, will be reserved for digital terrestrial television use and programme making and special events use at least until 2030. It also sets a deadline for the use of the 700 MHz band (694–790 MHz) for 5G mobile communications as of 30 June 2020.

Harmonisation of frequency bands

The decisions adopted by the Commission with a view to harmonising the technical conditions for the availability and efficient use of spectrum are available on the Commission website, on the ‘Radio Spectrum Decisions’ page.

International cooperation and coordination

Measures under the radio spectrum decision take into account the work of international organisations, such as the International Telecommunication Union in managing the radio spectrum, and the CEPT, an intergovernmental organisation comprising 46 member countries from throughout Europe.

FROM WHEN DOES THE DECISION APPLY?

It has applied since 24 April 2002.

BACKGROUND

Radio frequencies are allocated by international bodies, particularly the World Radiocommunication Conferences of the International Telecommunication Union, and, in Europe, by the CEPT.

For further information, see:

EU radio spectrum policy for wireless connections across borders (European Commission)
The Radio Spectrum Policy Group (European Commission)
Uses of radio spectrum (European Commission).

KEY TERMS

Radio spectrum. For the purposes of this decision, the term includes radio waves in frequencies between 9 kHz and 3000 GHz. Radio waves are electromagnetic waves propagated in space without artificial guide.

MAIN DOCUMENT

Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, pp. 1–6).