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International Regulation of Space Communications EU and the Results of the WRC-12 (the space perspective) Workshop Presentation Gerry Oberst Hogan Lovells International LLP 24-25 May 2012
International Regulation of Space Communications
EU and the Results of the WRC-12 (the space perspective)
Workshop Presentation Gerry Oberst Hogan Lovells International LLP 24-25 May 2012
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EU and the Results of the WRC-12
Overview The EU is not a member state of the International Telecommunication Union and, as such, participates as an observer. Nevertheless, EU Member States are bound by EU law in their participation in the ITU world radiocommunication conferences. This presentation focuses on the following elements of EU activity : (a) EU participation and Member State reservations; (b) EU procedures for participating in WRCs; (c) Particular issues of EU concern at the WRC-12; (d) Potential increase in EU participation, especially under the RSPP
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EU and the Results of the WRC-12
EU participation and Member State reservations European Commission participation in ITU World Radiocommunication Conferences has grown over the years • No EC participation at WARC ORB-85 or -88 or
WARC MOB-87 • First EC participation was 10 representatives
at WARC-92
With the Electronic Communications Regulatory Frame- work, the EU has defined Internal Market principles for numerous matters raised in WRCs (e.g., radio spectrum) With EU competence for space policy expanded under Lisbon Treaty (Art. 189 TFEU), the EU has further jurisdiction / authority over matters raised in WRCs
EU is a sector member of ITU-R
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EU and the Results of the WRC-12
The delegations [...] hereby declare that the Member States of the European Union and Croatia will apply the revision of the Radio Regulations adopted at this Conference in accordance with their obligations under the Treaty on the European Union and the Treaty on the Functioning of the European Union.
# 19 out of 87 reservations by all ITU Members, including a few others by EU members referencing past reservations and the "standard" disclaimers
EU participation and Member State reservations Reservation 19 (WRC-12 Plenary Doc. 546 rev2, 5 April 2012)
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EU and the Results of the WRC-12
• RPSG Opinions – “Main Themes” (Nov. 2009) and Common Policy Objectives” (Feb. 2011)
• Various DGs follow ECP development DGs ENTR, MOVE, RTD and INFSO (Connect)
Increasing participation at the WRCs
• EC obtains political support
• EC participates in CEPT Head of Delegation meetings during the WRC
• EC issues aftermath report (probably June / July)
EU procedures for participating in WRCs
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EU and the Results of the WRC-12
EU procedures for participating in WRCs
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EU and the Results of the WRC-12
Particular issues of EU concern or 'interest' at WRC-12 (going in)
.
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EU and the Results of the WRC-12
Particular issues of EU concern or 'interest' at WRC-12 (coming out – the second digital dividend)
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Reservation 69 For the Federal Republic of Germany, Austria, Belgium, Hungary, the Republic of Latvia, the Principality of Liechtenstein, the Republic of Lithuania, Luxembourg, Malta, the Slovak Republic, the Czech Republic and the Confederation of Switzerland: The delegations of the above-mentioned countries state, that they have accepted the compromise on the “Use of the band 694-790 MHz” with great reluctance and on an exceptional basis. Weight must be given to the fact that the compromise was made in the spirit of international cooperation and only to satisfy the urgent demand of those countries which made the proposals. However the delegations of the above-mentioned countries regret that WRC-12 did neither discuss nor clarify, whether the proposals belong to one of the Agenda items of the WRC-12 Agenda or its relation to the Agenda at all
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EU and the Results of the WRC-12
Particular issues of EU concern or 'interest' at WRC-12 (coming up – WRC-15 Agenda on mobile broadband)
.
AI 1.1 … to consider additional spectrum allocations to the mobile service on a primary basis and identification of additional frequency bands for International Mobile Telecommunications (IMT) and related regulatory provisions…
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EU and the Results of the WRC-12
Potential increase in EU participation • Areas of exclusive EU competence due to existing
legislation: e.g., AI 1.17 on the digital dividend and AI 1.22 on short-range devices
• EC Suggestions in April 2011 Council Presidency coordination of positions Council Presidency speaking for the EU at WRC EC proposing positions for the Council to adopt Re-examine EU status at the next ITU Plenipotentiary in 2014
(EP liked this in its September resolution!)
• Radio Spectrum Policy Programme Compromise…
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EU and the Results of the WRC-12
Potential increase in EU participation International Negotiations– RSPP Art. 10 • Exclusive competence wherever it exists • Shared competence (based on sincere cooperation – Art. 4 TEU) • EU can assist Member States for neighboring country coordination • EU can support 3rd country efforts on compatible policy objectives • Member States will always apply the ITU reservation
A statement of the obvious or a future problem in light of Commission v Council, Case C-114/12, action brought 1 March 2012 concerning exclusive competence in another field
?
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