by Gerry Oberst

Throughout recent issues, this column has described European space and satellite policy. To complete the picture of these past topics it is also useful to focus on spectrum policy, because access to radio frequencies is, of course, a key input to the satellite industry.

The composition of spectrum policymaking within the European Union (EU), which will soon cover 25 countries across Europe, changed in 2002 with the adoption of a new electronic communications framework of laws. The EU member states were supposed to adopt this package earlier this year, though not all made the deadline. Part of the package is "Radio Spectrum Decision 676/2002/EC," which creates a new partnership between the European Commission and member states to focus on spectrum policy.

This new structure creates two new bodies for spectrum issues. The first, a Radio Spectrum Committee (RSC), works at the technical level to adopt measures necessary to implement agreed upon EU policies. The second, a Radio Spectrum Policy Group (RSPG), provides policy and strategic advice and is charged with adopting opinions to assist the European Commission on radio spectrum policy issues.

Both entities involve representatives of the EU member states and the Directorate General for Information Society within the European Commission. Representatives of some European countries not part of the EU or waiting to enter, as well as the European Parliament, the European Conference of Postal and Telecommunications Administrations (CEPT) and the European Telecommunications Standardization Institute, attend as observers.

On selected issues, industry representatives attend events to present information, particularly to the RSC, but only by invitation and while only that specific issue is discussed. Some of the documents of the two groups are released publicly, usually some time after the meeting.

The RSC held its most recent meeting this past October. In past meetings, the RSC focused on satellite issues, and at its first meeting in 2002 the RSC received a briefing on satellite interactive terminals. The only satellite issue at its October 2003 meeting involved the one-stop-shop arrangements in Europe for satellite licensing (OSS SAT). The RSC reviewed information on the usefulness of the OSS SAT. According to the meeting minutes, one administration suggested that OSS SAT should be shut down, since "it is basically not used." Nevertheless, the CEPT plans to maintain the system, although with limited resources, and the European Commission will further consider the overall system in light of the new electronic communications framework. There are no other obvious satellite issues on the RSC’s current list of working topics.

On October 13, 2003, the European Commission opened a window on the main policy issues of the RSPG by commencing a consultation on the group’s policy goals. At its second meeting in mid-September this year, the RSPG developed a list of priorities for its work program. The 17 items, divided into three sections, cover radio spectrum requirements for EU policies, practices and developments in spectrum management and support to other spectrum policy aspects.

A number of the 17 topics directly affect the satellite community. For instance, the first item under radio spectrum requirements concerns access platforms. It calls for an analysis of relative needs for different wireless electronic communications access platforms, including mobile terrestrial, satellite, radio local access networks and fixed wireless access.

Another issue in this first category of spectrum requirements concerns space strategy and refers to a "synoptical view" of spectrum needs for different European space programs, including Galileo (the European GPS), Global Monitoring for Environment and Security (GMES) and general satellite communications. This document further says to look at "separate entries" for these three topics, but they are not again mentioned in the consultation, which could cause some confusion.

There is a laundry list of other issues under spectrum needs including road safety, short range devices, disaster relief, single sky policy, maritime and scientific use of spectrum–something for everybody.

The second category of issues concerning practices and developments in spectrum management does not refer specifically to any satellite industry issues, but covers general matters such as secondary trading, spectrum refarming and the like.

Similarly, the third category on other spectrum policy aspects again does not mention any satellite-specific issues, but covers developments that directly affect satellite interests, such as reviewing policy implications of major international radio spectrum negotiations, including the ITU World Radio Conferences.

Comments are due in this consultation by January 13, 2004, and should be posted on the RSPG Web site for all to view. That Web site, http://rspg.groups.eu.int/Default.htm , provides background and reference materials on European Union spectrum policy.

Gerry Oberst is a partner in the Brussels office of the Hogan & Hartson law firm. His email address is geoberst@hhlaw.com .