Notice On The Spectrum Policy Framework Mandate

Original Language Title: Bekendtgørelse om det frekvenspolitiske rammemandat

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Table of Contents

Appendix 1

Appendix 2

Publication of the frequency policy framework member 1)

Under section 3 of the law. 475 of 12. June 2009 on radio frequencies shall be fixed as follows :

§ 1. The IT and Telecommunications Management Board shall give priority to the Danish frequency use within the framework of the frequency policy framework member, cf. Annex 1.

§ 2. The minister of science, technology and development will take place in the event of the spectrum of the spectrum, cf. Section 7 (2). 6, in the law on radio frequencies, decision on assignment method, cf. Section 9 (4) of the law. 1 where the essential social considerations referred to in Annex 2 must be taken into account.

§ 3. The announcement shall enter into force on 1. November, 2010.

Paragraph 2. Publication no. 11:30 of 1. In December 2009, on the frequency policy framework to be repealed.

The Ministry of Science, Technologies and Development, the 15th. October 2010

Charlotte Sahl-Madsen

-Johansen Johansen


Appendix 1

The frequency policy framework member

Frequency management objectives for IT and Telecommunications Management

1.
The IT and Telecommunications 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 communities by creating new jobs by making it attractive to foreign companies to put innovation activities in place in the Denmark.
2.
The IT and Telecommunications Agency must work to enable Denmark to have a unified ICT infrastructure that supports competitive Danish development, know-how, production, export, non-compete, adaptability and innovation strength.
3.
IT and Telecommunications must promote development that support the development of relevant, competitive and well-functioning ICT infrastructures that guarantee access to the high-speed society of all Danes, including in order to contribute to implement the broadband objective of the government.

General principles of the frequency management of IT and Telecommunications

4.
The frequency management of the IT and Telecom Management Board shall be objective, transparent, non-discriminatory and proportionate.
5.
The IT and Telecommunications Management Board must, in the frequency management of the spectrum, maintain significant social considerations, including media policy considerations.
6.
The IT and Telecommunications Agency must ensure the rapid implementation of obligations arising from international frequency cooperation or cooperation in the European Union.

Specific strategies

7.
The specific strategies for the focal areas listed below are intended to design the overall telecommunications policy objectives, including to ensure the dissemination of ICT infrastructures and ICT services to citizens and businesses. Following the strategies, a number of activities to be carried out by the IT and Telecommunications Management Board shall be set up for the purpose of the design of the strategies provided for.

Permission to be granted

Strategy

8.
Permissions must be issued as quickly as possible.
9.
IT and Telecommunications must consider relevant types of auctions in the issuing of permits in the event of a frequency napness.

Activities

10.
The IT and Telecommunications Management Board shall examine applications for permits as soon as possible and issue permits maximum of six weeks from the receipt of the complete application.
11.
The results of the future use of radio frequencies and the projections of free authorisations must be carried out and the outcome of this is published as soon as possible.
12.
In cases where auction is to be held, IT and Telecommunications will have to consider both open, closed and combined forms of auctioning.
13.
In the event of an auctioning of auctions in accordance with the law of the law, in other cases where essential social considerations are not to be taken into account, the choice of auctioning is as far as possible to ensure the rapid implementation of the process.

Inclusion of industry and other stakeholders

Strategy

14.
The frequency management of IT and Telecom Management must, in all cases, be carried out with appropriate involvement of relevant stakeholders.

Activities

15.
If the IT and Telecommunications Agency is considering limiting the number of authorisations or making changes to terms in authorizations, this message must be given to all stakeholders concerned. These interested parties shall have the opportunity to present their views within a reasonable period of time as regards the proposed restrictions or amendments. The deadline should not normally be less than four weeks. The IT and Telecommunications Agency must publish the final decision on a reason.
16.
The IT and Telecommunications Agency will publish ongoing consultations and publish the decisions taken after the individual hearings.
17.
If IT and Telecommunications Management notes violations of the terms of permits, the holder of the authorisation shall be informed accordingly. The authorisation holder shall be given a period of at least one month or a shorter time limit agreed with the holder of the authorisation holder to make his point of view. However, this period shall not apply where the infringement established constitutes an immediate and serious threat to the public order, safety or health, or where the infringement is to cause serious economic or operational problems for others ; frequency users.
18.
The IT and Telecommunications Management Board shall carry out a consultation of all relevant stakeholders prior to presentation of the Minister for Science of a draft of the spectrum for the framework of the framework of the relevant spectrum.
19.
The IT and Telecommunications Management Board shall carry out a consultation of all relevant stakeholders before the management board gives a recommendation to the Minister for the Science Minister to decide on the liberalization of frequency bands. The consultation shall contain information on the technical conditions proposed in connection with the possible liberalization of the frequency bands concerned.

Liberalisation and flexible use of radio frequencies

Strategy

20.
Service-and technology options must, as far as possible, be left to the market.
21.
The IT and Telecom Board must work towards a flexible use of radio frequencies to promote the development of new innovative services and technologies and to remove barriers to market access because radio spectrum is not available for a given service or technology.

Activities

22.
The IT and Telecommunications Management Board shall, as far as possible, issue a level of technology and service-utral authorisations. Existing authorisations shall, where possible, be made available to the application of the application of the technology and service without the consent of the holder of the consent holder.
23.
The IT and Telecommunications Management Board must, wherever possible, take a broad interpretation of the framework of the relevant international decisions and, on the basis of that basis, radio frequencies in the Danish frequency plan for a flexible application.
24.
The IT and Telecommunications Management Board must regularly assess whether there are any frequency areas that could be suitable for liberalisation.
25.
The IT and Telecommunications Board must draw up options for the scientific opinion of the Minister for decisions on the liberalisation of spectrum, which, according to the assessment, is appropriate to be liberalised.
26.
Where the Minister of Science has decided on the liberalisation of a frequency band, IT and Telecommunications should, as far as possible, be allowed to ease the frequency of the frequency use of the frequency band permits.
27.
If the IT and TeleBoard Board assesses that multiple frequency applications can coexist in a frequency band, IT and Telecom may allow these uses, where appropriate, in the form of multiple permits on the same radio frequency. The precondition for this is that the further use does not create unacceptable disturbances to other users, including the permission holders. Thus, no users are given exclusive right to use radio frequencies.

Minimum administrative burden for users of radio frequencies

Strategy

28.
The IT and Telecommunications Management Board must ensure that frequency management will enable the users of radio frequencies to ensure at least the administrative burden on the users of the radio spectrum.
29.
Use of radio frequencies must be permitted, where possible, and in particular where it is demonstrated that there is only insignificant risk of unacceptable disturbances.

Activities

30.
Where possible, and in particular where it is demonstrated that there is only insignificant risk of unacceptable disturbces, IT and Telecommunications should exempt the use of radio frequencies from requirements for authorisation.
31.
The IT and Telecommunications Management Board shall ensure that sufficient frequency-free use is available for the authorisation-free frequency.
32.
Transition of permits must be made as soon as possible. The IT and Telecommunications Management Board shall publish information on the possibilities of transfer of authorisations and to ensure a single procedure in the case of transfers.

Supervision of the use of radio frequencies

Strategy

33.
The IT and Telecommunications Management Board must, by means of supervision and market control, support the effective use of frequency and that electronic communications services may be used without inadmissible disorders.

Activities

34.
The IT and Telecommunications Management Board shall contribute to ensuring that radio communications equipment is used in accordance with applicable law.
35.
The IT and Telecommunications Management Board shall contribute to ensuring that the use of radio frequencies is made in accordance with the applicable rules and conditions.
36.
The IT and Telecommunications Management Board must help to alleviate unacceptable disturbances which are not caused by any violation of rules or conditions.
37.
The IT and Telecommunications Agency must ensure that interference, where there may be a danger to human life or health, will be brought to an end quickly.

Attempt and Innovation

Strategy

38.
The IT and Telecommunications Agency must promote the possibility of using radio frequencies for experimental purposes for the development of innovative services.

Activities

39.
The IT and Telecommunications Management Board must issue permits for experimental purposes, where this does not cause unacceptable disturbances to existing users of radio frequencies.
40.
The IT and Telecommunications Management Board shall, where possible, use available information on the results of tests to facilitate the flexible use of radio frequencies, including through changes to the Danish frequency plan for the benefit of all frequency users.

Electronic communications networks and services

Strategy

41.
The IT and Telecommunications Management Board must promote the opportunities for width and diversity in the supply of ICT networks and services, including when it comes to combining and convergence.
42.
The IT and Telecommunications Management Board shall give priority to non-commercial use as well as users ' ability to use radio frequencies for their own use.
43.
The IT and Telecommunications Management Board must work to ensure that the maximum number of available providers and users of radio frequencies have access to sufficient frequency capacity to build and ensure high quality and capacity in the ICT infrastructure.

Activities

44.
The IT and Telecommunications Agency must ensure greater digitalisation in frequency bands 410-430 MHz. The final transition to a new channel plane in the frequency band should be done from 1. January 2016.
45.
The IT and Telecommunications Agency must prioritise the use of radio frequencies for satellite services, so that they can continue to be used for this purpose by an insignificant risk of unacceptable disturbances. The IT and Telecommunications Agency must ensure that satellite applications are priorititized by providing satellite services for satellite services to be able to take into account the use of satellite utilizations for other purposes in the same frequency band.
46.
The IT and Telecommunications Management Board must, to the extent that demand is provided, ensure that users are able to set up wireless systems, including broadband systems, for their own use.
47.
The IT and Telecommunications Management Board shall, to the extent possible, secure frequency resources for use of PMSE (Programme Making and Special Events) involving the use of frequencies such as wireless cameras, video connections and microphones, such as wireless.
48.
The IT and Telecommunications Agency must work to ensure that the frequencies of the 800 MHz frequency band (790-862 MHz) may be used for purposes other than television, including in particular mobile broadband.
49.
In the case of the IT and Telecom recommendation to the Minister for the choice of assignment method in cases where spectrum has been established, IT and Telecom Management must assess whether frequencies are appropriate to support the government's broadband target a condition for the provision of relevant conditions in the authorisations, where appropriate.

Radio and television.

Strategy

50.
IT and Telecommunications must support the government's telecom and media policy and in this context contribute to the implementation of tele and media policy decisions on the use of the radio frequencies set aside for radio or television services, including secure ; the effective use of these radio frequencies.

Activities

51.
As a consequence of the decision that the frequencies of the 800 MHz frequency band (790-862 MHz) are intended for purposes other than television, IT and Teleboard Management must ensure the framework of a changed channel plan in the 470-790 MHz frequency band for the use of digital television negotiations with Denmark's neighbouring countries.
52.
When a unit is scheduled and the Committee on Culture has been decided on the application of the national broadcast option, MUX 8, which is carried out by a set of different geographically delimited frequencies in the band from 174 MHz to 216 MHz, IT must and The telecom board shall ensure that the possibility of transmission may be used as far as possible.
53.
The IT and Telecommunications Management Board must support the future long-term strategy for the Cultural Ministry on digital radio.
54.
The IT and Telecommunications Management Board must ensure that providers can combine electronic communications services with radio or television networks, for example, via radio frequencies for radio or television.
55.
The IT and Telecommunications Agency must coordinate the Danish implementation of DAB broadcasting capabilities under the auspices of the Geneva 2006 Agreement and the Wiesbaden 95 agreement on the part of the Committee on Culture, the way in which the DAB senders are to be utilized.

The defence use of radio frequencies

Strategy

56.
The IT and Telecommunications Agency must ensure that the defence needs for radio spectrum must be taken into account so that Denmark can meet its national regulatory requirements, both at national and international level, including the obligations arising from UN and NATO cooperation.
57.
The IT and Telecommunications Agency must, bearing in mind the need for the defence of radio frequencies, to work to increase the extent to which civilian services are given access to frequency bands which have been used up to date for the purposes of this exclusive use.

Activities

58.
The IT and Telecommunications Agency must work to make the defence use of radio spectrum use in the long term to be carried out on the basis of authorisations.
59.
IT and Telecommunications shall work to enable civil services to be given greater access to the frequency bands of the armed forces, to the extent to which frequency is possible and that the defence is withholding frequency spectrum, as changes in the defence tasks and requirements as well as in contact with civilian requirements for further radio frequencies.
60.
To the extent that there is a demand for radio frequencies for civilian use, IT and Telecom must work for the release of radio frequencies, which have so far been set aside for military use.

Appendix 2

Essential social considerations, cf. Section 3 (3) of the law. 2

1.
The minister of science, technology and development will take place in the event of the spectrum of the spectrum, cf. Section 7 (2) of the law. 6, resolution of the allocation method, cf. Section 9 (4) of the law. 1, where the following essential social considerations are to be taken into account :

Research

2.
Research can drive growth and innovation. The use of radio frequencies for research can therefore have a significant social significance. However, in the case of spectrum scarcity, the starting point will be that the commercial use of radio frequencies is a priority higher than research unless the actual desired research is expected to be able to give greater socio-economic benefits than commercial ; use, such as the development of new technologies and services.
3.
Where authorisation may be of relevance for the use of radio frequencies for research, which will be able to have significant socio-economic impact, the allocation method is therefore taken by the Minister for Science, Technology and Development.

Emergency and emergency services

4.
The use of radio frequencies for the emergency and emergency services shall be subject to the provisions of Article 3 (3) of the Act of Law. 2, to the extent the use of the specific radio frequencies is necessary for the emergency services of the emergency and emergency services, including the task force of the police and emergency services.
5.
Where authorisation may be of relevance for the use of radio frequencies which are necessary for the task of the emergency and emergency services, the allocation method in the event of the frequency button is therefore taken by the Minister for Science, technology and development.

Debreement of services with great socio-economic importance

6.
The provision of services, the dissemination of which is to be considered to have a significant socio-economic impact, is an essential social aspect.
7.
The dissemination of services is of great economic importance if the distribution of the service is necessary in order to ensure growth and innovation for society as a whole, in order to ensure fair competition in the market or in order to ensure equal access to the information and communications infrastructure for specific sections of society, including geographical parts of the country. However, the dissemination of services of great socio-economic importance, which can be expected to be carried out by the market on its own, in particular services, to which sufficient alternatives already exist, should not be an essential social aspect of society. consideration.
8.
Where the granting of a permit may be of significance for services, the distribution of which is considered to be of major socio-economic importance and where sufficient distribution is not likely to be expected to be carried out by the market to an adequate extent, decisions are taken, on the allocation method, in the case of frequency scarcity, therefore, by the minister of science, technology and development.
Official notes

1) The notice shall be part of Directive 2002 /20/EC of the European Parliament and of the Council of 7. in March 2002, on authorisations for electronic communications networks and services (Authorisation Directive) (the Official Journal of the European Communities. L 108 s. Directive 21) and parts of Directive 2002 /21/EC of the European Parliament and of the Council of 7. March 2002 on the common framework for electronic communications networks and services (Framework Directive) (Framework Directive) (EC Official Journal of 2002) (EC Official Journal). L 108's 33).