European Law as an Instrument for Avoiding Harmful Interference 5-7 June Gerry Oberst, SES Sr. Vice President, Global Regulatory & Govt Strategy

Transcription

1 3rd Luxembourg Workshop on Space and Satellite Communications Law European Law as an Instrument for Avoiding Harmful Interference 5-7 June Gerry Oberst, SES Sr. Vice President, Global Regulatory & Govt Strategy

2 Radio frequencies should be managed so as to ensure that harmful interference is avoided. This basic concept of harmful interference should therefore be properly defined to ensure that regulatory intervention is limited to the extent necessary to prevent such interference. Recital 31 to Better Regulation Directive amending the EU Electronic Communications Framework Directive in 2009 Art. 2(r) added in 2009 to the Framework Dir.: harmful interference means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Community or national regulations; January 2014 (Date in Arial Bold 14 pt) Presenter Name (Name in Arial Bold 14 pt)

3 OUTLINE A. Types of interference the nomenclature B. Sources of EU Law to govern harmful interference C. External EU competence to avoid harmful interference D. Current issues in avoiding harmful interference

4 A. Types of interference 1. ITU definitions Harmful Interference (HI), Unacceptable, etc. 2. Unintentional vs Intentional (the former is by far the majority) 3. Intermodal vs intramodal (the former usually is more difficult to deal with) 4. National vs EU cross-border vs international 5. Space related an additional level of complexity

5 B. Sources of EU Law to govern HI General Internal Market aspects R&TTE Directive (1999) terminal rules Broad role to avoid terminal interference (not service per se) To be repealed in two years by Radio Equipment Dir. (2014) RS Decision and Framework / Auth. Dir. (2002) Radio Spectrum Decision permits measures to avoid HI Framework Dir. contains explicit reference as of 2009 Authorisation Dir. contains HI definition and permits MS to implement rules to prevent HI Impact of 2009 Amendments to Framework (2009) RSPP (2012) general regulatory principles and policy objectives Pending STM amendments could add further provisions Sector Specific aspects Mobile-specific tools 900 and 1800 MHz Decisions ( ) MSS 2 GHz Decision premised on avoiding HI (2007) Other Technical implementing decisions from Radio Spectrum Committee 5

6 The R&TTE Directive (1999/5/EC) on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity Art. 3 Essential requirements Art. 9 Safeguards ( ) radio equipment shall be so constructed that it effectively uses the spectrum allocated ( ) so as to avoid harmful interference. 1. Where a Member State ascertains that apparatus within the scope of this Directive does not comply with the requirements of this Directive, it shall take all appropriate measures in its territory to withdraw the apparatus from the market or from service, prohibit its placing on the market or putting into service or restrict its free movement. Dir. 2014/53/EU of 16 April 2014 on Radio Equipment (RED) repeals the R&TTE Dir. (as of 2 yrs and 20 days from official publication) Changes in the new directive include a clearer requirement that radio receivers achieve a minimum level of performance so as to contribute to an efficient use of radio spectrum Same safeguards, in Art. 41 & 42 Does not apply to receive-only equipment 6

7 The Radio Spectrum Decision 676/2002/EC on a regulatory framework for radio spectrum policy in the European Community Establishes RSC Mandates to CEPT for technical studies The Commission may launch consultations Introduces the Radio Spectrum Committee (RSC) Aim and Scope (Art 1.2.a) "Facilitate policy making [ ] taking into consideration [ ] the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and of avoiding harmful interference. RSC normally meets four times a year 48 th meeting scheduled 2-3 July 2014 Assists the Commission in development of technical implementing measures (TIMs) to ensure technical compatibility between existing and new users of the band, efficient spectrum use and avoidance of harmful interference. TIMs frequently set conditions for specific services or networks to avoid HI; e.g., Commission Implementing Decision of 2 May 2014 on amending Decision 2008/411/EC on the harmonisation of the MHz frequency band for terrestrial systems. 7

8 The Authorisation and Framework Directives Art.5 Rights of use for radio frequencies and numbers 1. Member States shall, where possible, in particular where the risk of harmful interference is negligible, not make the use of radio frequencies subject to the grant of individual rights of use but shall include the conditions for usage of such radio frequencies in the general authorisation. Authorisation Dir. (2002/20/EC) on the authorisation of electronic communications networks and services Art.9 Management of radio frequencies for electronic communications services 3. Member States may ( ) provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessary to: (a) avoid harmful interference; [ or ] (e) safeguard efficient use of spectrum; [ ] Framework Dir. (2002/21/EC) on a common regulatory framework for electronic communications networks and services, as amended in

9 The Radio Spectrum Policy Programme (RSPP) Decision No 243/2012/EU Recital 33) Spectrum regulation has strong cross-border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Art 3: In order to focus on the priorities of this Decision, Member States and the Commission shall cooperate to support and achieve the following policy objectives: (k) avoid harmful interference or disturbance by other radio or non-radio devices, inter alia, by facilitating the development of standards which contribute to the efficient use of spectrum, and by increasing immunity of receivers to interference, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications. Art. 15 Reporting and review By 10 April 2014, the Commission shall report to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision [ ] By 31 December 2015, the Commission shall conduct a review of the application of this Decision. 9

10 RSPG Report on Interference Management An efficient use of spectrum requires a combination of ex-ante and ex-post approaches of interference management in a well balanced order [A]dministrations are deeply involved in the drafting of spectrum regulation in order to avoid harmful interference. RSPG still considers that receiver parameters should be included in harmonised and/or product standards for all equipment. 10

11 C. International Aspects: External EU competence to avoid HI Limits to External EU Competency in light of ITU Structure Limited EU Expertise compared to major efforts made by ITU, as shown by ITU-R Dir. report to RRB: During the period from 1 October 2013 to 31 January 2014, the Bureau received 234 communications ( , telefax, letters) concerning reports of harmful interference and reports of infringements of the Radio Regulations. The Bureau is handling these cases on a priority basis (normally within 48 hours from the date of receipt), in accordance with the provisions of the Radio Regulations. Document RRB14-1/8-E, 19 February 2014 Beginning EU steps towards Space Law in light of Art. 189 of the Lisbon Treaty ITU membership is for countries, i.e,. EU Member States the European Commission is technically an observer (and EU should not want to lose its votes ) Participation in ITU activities requires immense commitment of time and resources not immediately apparent at EU level Commission has sought more direct participation in ITU activities and vows to bring this up at Plenipotentiary 2014 All coordination activities and requests for BR assistance in case of HI are made through MS there is no mechanism for EU input 11

12 D. Current Issues in Interference Mitigation Harmful interference not a sufficiently high standard (SES seeks service standard) Receiver standards can more efficient avoidance of harmful interference be achieved by terminal requirements? Protection of incumbent services flaws in the C-band decisions International interference no EU experience with third country interference issues (and even very little internal market experience, as implementation is a MS matter generally under CEPT / ITU regimes) International interference no EU experience or tools 12

13 Thank you!

14 Appendix International Radio Regulations ARTICLE 1 Terms and definitions Section VII Frequency sharing interference: The effect of unwanted energy due to one or a combination of emissions, radiations, or inductions upon reception in a radiocommunication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy permissible interference: Observed or predicted interference which complies with quantitative interference and sharing criteria contained in these Regulations or in ITU-R Recommendations or in special agreements as provided for in these Regulations accepted interference: Interference at a higher level than that defined as permissible interference and which has been agreed upon between two or more administrations without prejudice to other administrations harmful interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with Radio Regulations (CS). [footnote omitted] 14

15 Appendix COMMISSION IMPLEMENTING DECISION of 2 May 2014 on amending Decision 2008/411/EC on the harmonisation of the MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (2014/276/EU) Whereas (9) The legal framework for using the MHz frequency band set by Decision 2008/411/EC should remain unchanged and thus ensure continued protection of other existing services within the band. In particular, fixed satellite systems (FSS) including earth stations would require continued protection through appropriate coordination between such systems and wireless broadband networks and services by national authorities on a case-by-case basis. (12) While this Decision should be without prejudice to the protection and continued operation of other existing use in the bands, the new harmonised technical conditions should also apply, to the extent necessary, to existing spectrum usage rights in the MHz frequency band so as to ensure technical compatibility between existing and new users of the band, efficient spectrum use and avoidance of harmful interference, including across borders between Union Member States. *** Amended Article 2 1. Without prejudice to the protection and continued operation of other existing use in this band, Member States shall designate and subsequently make available, on a non-exclusive basis the MHz frequency band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex. *** ECC Report COMPATIBILITY STUDIES IN THE BAND MHz BETWEEN BROADBAND WIRELESS ACCESS (BWA) SYSTEMS AND OTHER SERVICES (Bern, February 2007)(referenced in Decision 2008/411/EC in Whereas (7)) Studies show that ubiquitously deployed BWA systems and FSS, when the FSS is deployed in a ubiquitous manner and/or with no individual licensing of ES, can not share in the same geographical area since no minimum separation can be guaranteed. p 58 15