(1)

An inventory of existing uses of spectrum, for both commercial and public purposes, has been established by Decision No 243/2012/EU. To implement this inventory, an implementing act shall be adopted to, on the one hand, develop practical arrangements and uniform formats for the collection and provision of data by the Member States to the Commission on existing uses of spectrum and on the other hand to develop a methodology for the analysis of technology trends, future needs and demand for spectrum in policy areas covered by the radio spectrum policy programme (RSPP), so as to identify developing and potential significant uses of spectrum, in particular in the frequency range between 400 MHz and 6 GHz (hereinafter ‘the relevant spectrum’).

(2)

The inventory should help identify spectrum bands in which the efficiency of existing spectrum uses could be improved, in particular bands that could be suitable for reallocation and spectrum-sharing opportunities so as to support EU policies set out in the RSPP, in order to match technology trends, and future needs for spectrum based, inter alia, on consumers’ and operators’ demand in Union policy areas. In order to help analyse the various types of use of the spectrum by private, i.e. mainly commercial, and public, i.e. governmental, users, there is a need to improve the level of detail, in particular, quantitative data available on supply and demand for certain parts of the spectrum or uses, as the data available currently varies considerably, depending on whether the spectrum is used for private, commercial or public purposes, and across Member States.

(3)

The spectrum inventory should be constructed progressively in order to lower the administrative burden on the Member States while some prioritisation is necessary depending on the type of use, by focusing first on the bands identified in Article 6 of the Decision No 243/2012/EU and the bands relating to Union policies identified in Article 8 of that Decision. The purpose is to set up an inventory which is improved continually and could help achieving an efficient management of the spectrum in all bands relevant to Union policies through gradual improvement of data availability and analysis. Some of the most urgent contributions from the inventory should be to identify at least 1 200 MHz of suitable spectrum for wireless broadband services, as provided by Article 3(b) of Decision No 243/2012/EU as well as to enhance efficiency and flexibility, inter alia, by fostering, where appropriate, the collective use and shared use of spectrum, as called for in Article 4(1) of that Decision.

(4)

Data should be provided by Member States in the most consistent way possible, either through the European Communications Office Frequency Information System (EFIS), or directly to the Commission, in cases for example where data gathered from public users and national authorities needs to be treated on a restricted or confidential basis. Specific uniform formats for the collection of data may vary considerably depending on the type of use and frequency band in question and data may in certain cases not be available in a specific uniform format. In order nevertheless to ensure that available data is provided to the Commission in an effective way for analysis, Member States should collect data in machine readable format so as to allow the same electronic data interchange format with the Commission and EFIS.

(5)

As well as providing relevant data that is available, Member States, together with the Commission, should engage in a collaborative process to improve the quality and comparability of data, in order to develop the efficiency of the inventory as appropriate and relevant for the specific band in question, and to find a comparable format for data, without imposing a further administrative burden.

(6)

Additional data could also be obtained from public consultations and studies. Moreover, the inventory could use data provided, on a voluntary basis, by Member States and private parties who monitor spectrum on a permanent basis to manage the spectrum at local level, to cross-check the validity of licensing data, determine usage density in certain types of authorisation schemes such as license-exempt bands and evaluate the level of spectrum usage throughout the Union in particular for bands in high demand.

(7)

In order to minimise the administrative burden and obligations for Member States, the methodology chosen for the inventory should take into account to the best extent possible the data provided by Member States pursuant to Commission Decision No 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community (2). Additional information gathered through voluntary means such as studies, including from the European Conference of Postal and Telecommunications Administrations, could also be used to further populate the inventory.

(8)

The identification of frequency bands that could be used more efficiently and which would be suitable for reallocation or spectrum sharing requires detailed knowledge of the actual use of spectrum, preferably evidenced by quantitative data. Such identification would help to find solutions to accommodate the technology trends, future needs and demand for spectrum which would be identified pursuant to the analysis to be conducted.

(9)

The process of the inventory should lead to a continual improvement of the efficient use of spectrum to satisfy a demand in constant evolution in relation to Union policies and taking into account technological evolution. On that basis, and to achieve the objectives set by Article 9(1) of Decision No 243/2012/EU, the Commission would issue reports to the European Parliament and to the Council. That would be done on a regular basis, depending on the time necessary to conduct the analysis in the inventory as well as the pace of evolution of spectrum use.

(10)

While transparency of the use of spectrum is essential to the inventory, this is subject to the protection of personal data and privacy, business confidentiality and state secrets under EU law. These provisions include Article 346(1)(a) of the Treaty on the Functioning of the European Union allowing Member States to refrain from supplying information contrary to the essential interests of its security; Article 8 of 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) (3); Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4); as well as the Annex to the Rules of Procedure of the Commission which governs the handling of EU classified information, including information originating within the EU or is received from Member States, third States or international organisations (5).

(11)

In line with Article 15 of Decision No 243/2012/EU, the effectiveness of the inventory should be reviewed from time to time to ensure that the objectives listed in that Decision are being implemented effectively and whether they need to be adapted. Member States should provide the Commission with the relevant information.

(12)

The measures provided for in this Decision take utmost account of the views of the Radio Spectrum Policy Group and are in accordance with the opinion of the Radio Spectrum Committee,

(1)

Member States shall ensure that the relevant information already collected pursuant to Decision No 2007/344/EC is provided by the European Communications Office to the Commission, so as to minimise the administrative burden;

(2)

in addition to data under paragraph 1, Member States shall provide to the Commission data, if available at national level, in the machine readable format chosen at national level, including data on the public use of spectrum, and which is necessary for the Commission to carry out its tasks under this Decision and Decision No 243/2012/EU;

(3)

Member States shall cooperate with the Commission to increase the data available on spectrum use for provision under paragraph 2, in particular by providing quantitative data such as, unless they consider it impossible in view of national circumstances, the number of transmitters, time duration of usage and the coordinates or location information showing the geographical extent of spectrum usage, as well as technologies in use and sharing conditions, and this in a comparable format across Member States. In order to limit the administrative burden, data concerning those bands relevant for the implementation of the objectives set by Decision No 243/2012/EU, taking into account the opinion of the Radio Spectrum Policy Group, shall be collected and provided in accordance with this Article first. Data about all frequency bands in the relevant spectrum shall be collected and provided by Member States in a step-by-step approach by 31 December 2015.

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business confidential information,

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information in relation to protection of privacy, and

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information in relation to public security and defence.