Notice On The Spectrum Policy Framework Mandate

Original Language Title: Bekendtgørelse om det frekvenspolitiske rammemandat

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133635

Overview (table of contents) Annex 1



Annex 2 the full text notice on the spectrum policy rammemandat1)

Pursuant to § 3 of the law No. 475 of 12. June 2009 on radio frequencies, fixed: § 1. The national it and Telecom Agency prioritizes and manages the Danish spectrum within the framework of the mandate, without prejudice to spectrum policy framework. Annex 1.

§ 2. The Minister of science, technology and development shall, in the case of spectrum scarcity, see. section 7, paragraph 6, of the Act on radio frequencies, the decision on assignment method, see. § 9 (1), where the essential societal concerns, which are listed in annex 2, should be undertaken.

§ 3. The notice shall enter into force on the 1. November 2010.

(2). Executive Order No. 1130 by 1. December 2009 on the spectrum policy framework mandate is repealed.

Ministry of science, technology and innovation, the 15. October 2010 Charlotte Sahl-Madsen/Søren Johansen



Annex 1 The mandate of the overall objectives of spectrum policy framework the national IT and Telecom Agency's spectrum planning



1.





The national it and Telecom Agency must promote a development that leads to innovation and growth. This development must support that Denmark can develop into one of the world's leading high-tech society by creating new jobs, among other things by making it attractive for foreign companies to place innovation activities in Denmark.







2.





The national it and Telecom Agency must work to ensure that Denmark has a comprehensive ICT infrastructure that supports competitive Danish development, know-how, production, exports, competitiveness, adaptability and innovation strength.







3.





The national it and Telecom Agency must promote a development, which supports the development of relevant, competitive and well functioning ICT infrastructure that ensures all Danes access to high-speed society, including with a view to contributing to achieving the Government's Broadband goal.











General principles for national IT and Telecom Agency's spectrum planning



4.





The national it and Telecom Agency's spectrum planning should be objective, transparent, non-discriminatory and proportionate.







5.





The national it and Telecom Agency to carry out essential social administration in frequency terms, including media policy considerations.







6.





The national it and Telecom Agency to ensure rapid implementation of the obligations arising from the international frequency cooperation or cooperation in the EU.











Specific strategies



7.





The specific strategies for the following areas of focus's intention on the frequency range to translate the broad telecommunications policy objectives, including ensuring the dissemination of ICT infrastructure and ICT services to citizens and enterprises. In continuation of the strategies specified a number of activities, such as the national IT and Telecom Agency must perform in order to give effect to the prescribed strategies.









Issuance of permits



Strategy



8.





Permits shall be issued as soon as possible.







9.





The national it and Telecom Agency's must consider relevant types of auctions by the issue of authorizations in the case of spectrum scarcity.











Activities



10.





The national it and Telecom Agency to process applications for permits as soon as possible and issue permits a maximum of six weeks from the receipt of the complete application.







11.





Consultations over the future use of the radio frequencies and speed information of available permits shall be carried out, the result of which will be published as soon as possible.







12.





In cases where there will be auction, national IT and Telecom Agency must consider both open, closed and combined auction types.







13.





By means of auctions after § 12, that is, in those cases where there is no to be main societal respect, the choice of auction format as far as possible ensure rapid implementation of the process.











Involvement of industry and other stakeholders



Strategy



14.





The national it and Telecom Agency's spectrum management must in all cases be carried out with due involvement of relevant stakeholders.









Activities



15.





If the national IT and Telecom Agency is considering limiting the number of permits or to make changes to the terms of authorisation, must notice be given to all interested stakeholders. These stakeholders should have the opportunity, within a reasonable period of time to present their views with regard to the proposed limits or changes. The time limit should not normally be shorter than four weeks. The national it and Telecom Agency must publish the final decision with a statement of reasons.







16.





The national it and Telecom Agency must publish the ongoing consultations and publish the decisions taken after the individual hearings.







17.





If the national IT and Telecom Agency finds violations of conditions in permits, the holder of the authorization shall be informed accordingly. The licence holder is given a time limit of not less than one month or a shorter period, as agreed with the licence holder, to put forward its views. This time limit shall not apply if the violation poses an immediate and serious threat to public policy, public security or public health, or if the offense will create serious economic or operational problems for other spectrum users.







18.





The national it and Telecom Agency will conduct a consultation of all relevant stakeholders prior to submission to the Minister of science, technology and a draft of a spectrum policy framework mandate.







19.





The national it and Telecom Agency will conduct a consultation of all relevant stakeholders before the Agency gives its recommendations to the Science Minister to take a decision on the liberalisation of spectrum bands. The hearing should contain information about the technical terms proposed laid down in connection with a possible liberalisation of the respective frequency bands.











Liberalisation and flexibility of use of radio frequencies



Strategy



20.





Service and technology choices should, to the extent possible, be left to the market.







21.





The national it and Telecom Agency must work for a flexible use of the radio frequencies in order to promote the development of new innovative services and technologies, and to remove barriers to access to the market, which is due to the fact that radio frequencies are not available for a given service or technology.











Activities



22.






The national it and Telecom Agency shall, to the extent possible, issue technology-and service-neutral authorisations. Existing authorisations should, where possible, be technology-and service-neutral after the licence holder request.







23.





The national it and Telecom Agency should, where possible, adopt a broad interpretation of the scope of the relevant international resolutions and on the basis set aside radio frequencies in the Danish frequency plan for a flexible use.







24.





The national it and Telecom Agency must continuously assess the frequency ranges that could be suitable for liberalisation.







25.





The national it and Telecom Agency to draw up options for the Science Minister for the purpose of decisions on liberalisation of the frequency ranges, which, after the Agency's assessment is fit to be liberalised.







26.





Where science Minister has taken a decision on the liberalization of a spectrum, the national IT and Telecom Agency, as far as possible, ease conditions for spectrum use in the permissions in the frequency band.







27.





If the national IT and Telecom Agency determines that multiple frequency applications can coexist in a frequency band, the national IT and Telecom Agency can allow these uses, possibly in the form of multiple permissions at the same radio frequency. The prerequisite for this is that the additional use does not cause unacceptable interference to other users, including consent holders. No users will therefore have an exclusive right to use radio frequencies.











Minimise the administrative burden for users of radio frequencies



Strategy



28.





The national it and Telecom Agency must ensure that users of the radio frequency spectrum administration inflicts the least amount of administrative burden.







29.





The use of radio frequencies should be-free spectrum, where it is possible, and in particular where it is demonstrated that there is negligible risk of unacceptable disruption.











Activities



30.





Where it is possible, and in particular where it is demonstrated that there is negligible risk of unacceptable disruption, the national IT and Telecom Agency may exempt from the application of radio frequencies from the requirements for a permit.







31.





The national it and Telecom Agency must ensure that there are sufficient opportunities for-free spectrum frequency use.







32.





Transfers of permits shall be made as soon as possible. The national it and Telecom Agency to publish information about the possibilities of transfer of permits and ensure a simple procedure in connection with transfers.











Supervision of the use of radio frequencies



Strategy



33.





The national it and Telecom Agency through supervision and market control must support an efficient spectrum use, and that electronic communications services can be used without unacceptable disruption.









Activities



34.





The national it and Telecom Agency to help ensure that radio communications equipment shall be used in accordance with applicable law.







35.





The national it and Telecom Agency must help to ensure that the use of radio frequencies in accordance with the applicable rules and conditions.







36.





The national it and Telecom Agency will help to remedy the unacceptable interference, which is not due to violations of the rules or conditions.







37.





The national it and Telecom Agency must ensure that the disorders, where there may be danger to human life or health, brought to an end quickly.











Experimentation and innovation



Strategy



38.





The national it and Telecom Agency to promote opportunities for the use of radio frequencies for experimental purposes with a view to the development of innovative services.









Activities



39.





The national it and Telecom Agency shall issue authorisations for experimental purposes, where this does not cause unacceptable disruption to existing users of radio frequencies.







40.





The national it and Telecom Agency must, wherever possible, use available information about the results of attempts to promote the flexibility of use of radio frequencies, including through changes to the Danish frequency plan for the benefit of all spectrum users.











Electronic communications networks and services



Strategy



41.





The national it and Telecom Agency to promote the possibilities for width and diversity in the supply of ICT networks and services, also in the case of combination products, and convergence.







42.





The national it and Telecom Agency will give priority to non-commercial use, as well as users ' ability to use radio frequencies for your own use.







43.





The national it and Telecom Agency must work to ensure that the widest possible range of providers and users of radio frequencies has access to sufficient frequency capacity to build and ensure high quality and capacity in ICT infrastructure.











Activities



44.





The national it and Telecom Agency should ensure increased digitalization in the frequency band 410-430 MHz. The final transition to a new channel plan in the frequency band should be done from 1. January 2016.







45.





The national it and Telecom Agency will give priority to the use of radio frequencies for satellite services, so that they can continue to be used for this purpose with a negligible risk of unacceptable disruption. The national it and Telecom Agency shall ensure that the satellite application priority by providers of satellite services can obtain permissions in order to be able to cater for satellite use by issuing permissions for other purposes in the same frequency bands.







46.





The national it and Telecom Agency must, as far as the demand dictates it, ensure users the ability for creation of wireless systems, including broadband systems, for their own use.







47.





The national it and Telecom Agency shall, to the extent possible, ensure the radio spectrum for use by PMSE (Programme Making and Special Events), which includes the use of spectrum for URf.eks. wireless cameras, video connections and microphones.







48.





The national it and Telecom Agency must work to ensure that the frequencies in the 800 MHz frequency band (790-862 MHz) can be used for purposes other than tv, in particular mobile broadband.







49.






By the national IT and Telecom Agency's recommendation to the Minister on the choice of the allocation method in cases where there is an established frequency scarcity, the national IT and Telecom Agency assess whether rates are suitable to support the Government's broadband objectives in order that, where appropriate, the relevant conditions may be laid down in the permits.











Radio and tv



Strategy



50.





The national it and Telecom Agency must support the Government's telecommunications and media policy and in doing so help to implement tele-and media policy decisions relating to the use of the radio frequencies set aside for radio or television services, including ensuring effective use of these radio frequencies.









Activities



51.





As a consequence of the decision, that the frequencies in the 800 MHz frequency band (790-862 MHz) to be used for purposes other than tv, the national IT and Telecom Agency to ensure the framework for a changed channel plan in the 470-790 MHz frequency band for use in digital television by negotiations with the Denmark's neighbouring countries.







52.





When a network is planned under the auspices of the Ministry of culture, and that in a decision has been taken on the application of the nationwide transmission option, MUX 8, which consists of a set of different, geographically defined frequencies in the band from 174 MHz to 216 MHz, the national IT and Telecom Agency ensure that send option can be used to the fullest extent.







53.





The national it and Telecom Agency must support the Culture Ministry's future long-term strategy for digital radio.







54.





The national it and Telecom Agency must guarantee the possibility that providers can combine electronic communications services with radio or television networks, for example via radio frequencies allocated to radio-or tv-purposes.







55.





The national it and Telecom Agency will coordinate the Danish implementation of DAB-send options under the auspices of the Geneva 06 agreement and Wiesbaden 95 agreement from Culture Ministry's determination of how DAB-send opportunities must be exploited.











The armed forces ' use of radio frequencies



Strategy



56.





The national it and Telecom Agency must ensure that the armed forces ' needs for radio spectrum are catered for, so that Denmark can live up to the legal requirements, both nationally and internationally, including the obligations arising from the United Nations and NATO cooperation.







57.





The national it and Telecom Agency must – taking into account the military's need for radio frequencies – work for civil services increasingly gain access to frequency bands, as the Defense has so far used exclusively.











Activities



58.





The national it and Telecom Agency must work to ensure that the armed forces ' use of radio frequencies in the long term must be changed to be based on permissions.







59.





The national it and Telecom Agency must work to ensure that civil service increasingly gains access to the Defense used frequency bands, to the extent possible, as well as to frequency sharing is the Defense back provides frequency spectrum, in line with changes in the military's duties and requirements as well as in line with civilian needs for additional radio frequencies.







60.





To the extent that there is demand for radio frequencies for civil uses, the national IT and Telecom Agency work for the release of radio frequencies, which so far has been set aside for military use.













Annex 2 Essential societal considerations, see. lovens § 3, stk. 2







1.





The Minister of science, technology and development shall, in the case of spectrum scarcity, see. section 7, paragraph 6, decisions on assignment method, see. § 9 (1), where the following essential societal considerations should be undertaken:









Research



2.





Research can promote growth and innovation. The use of radio spectrum for research can thus have a significant social impact. In the case of spectrum scarcity will, however, be the starting point, the commercial use of radio frequencies be given a higher priority than research, unless the specific desired research is expected to provide greater socio-economic gains than commercial use, URf.eks. through the development of new technologies and services.







3.





Where issuance of authorization may be of importance for the use of radio spectrum for research, which could have significant social and economic importance, deciding on the allocation method, therefore, by the Minister of science, technology and development.











Emergency and emergency services



4.





Emergency and emergency services use of radio frequencies is covered by article 3, paragraph 2, in so far as the application of the specific radio frequencies is necessary for emergency and emergency services task solution, including police and rescue the overall task solution.







5.





Where issuance of authorization may be of importance for the use of the radio frequencies which is necessary for emergency and emergency services task solution, deciding on the allocation method in the case of spectrum scarcity, therefore, the Minister of science, technology and innovation.











Dissemination of services with great socio-economic importance



6.





The consideration of services, if the prevalence is estimated to have great socio-economic importance, is an important societal interest.







7.





Distribution of services is of great socio-economic importance, if the dissemination of service is necessary to ensure growth and innovation for society as a whole, in order to ensure fair competition in the market or to ensure equal access to information and communication infrastructure for specific sectors of the community, including geographical parts of the country. However, as for the diffusion of services of great socio-economic importance, as can be expected by the market on their own, special services, for which there already exist adequate alternatives, not be an essential societal considerations.







8.





Where issuance of authorization may be of importance for the services, if prevalence is estimated to have great socio-economic importance, and where an adequate dissemination cannot be expected by the market to a sufficient degree, deciding on the allocation method in the case of spectrum scarcity, therefore, the Minister of science, technology and innovation.









Official notes 1) Executive order implementing parts of a European Parliament and Council Directive 2002/20/EC of 7. March 2002 on the authorisation of electronic communications networks and services (authorisation directive) (Official Journal of the European communities 2002 nr. L 108 s. 21) and parts of the European Parliament and Council Directive 2002/21/EC of 7. March 2002 on a common regulatory framework for electronic communications networks and services (framework directive) (Official Journal of the European communities 2002 nr. L 108 s 33).