Key Benefits:
Decision of 8 February 2013, laying down rules on the allocation and use of frequency space (2013 Frequency Decision)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the Minister for Economic Affairs, Agriculture and Innovation of 21 June 2011, No WJZ/11081232;
Having regard to the Article 3.4, third paragraph , 3.9 , 3.16, 1st Member , 3.17, first to third paragraphs , 3.22, fourth member , 3.23, paragraphs 2 to 4 and 4 , 3.24, first paragraph , 3.25, first paragraph , 10.8 , 13.4 , 16.1 and 18.12 of the Telecommunication Act , Article 1.2, second paragraph, of the Aviation Act and the Articles 19, 1st paragraph , and 64 of the Zeevaartcrew Act ;
The Department for the Advisory Board of the State (Opinion of 15 September 2011, No W 15.11.0235/IV);
Having regard to the further report of the Minister for Economic Affairs of 5 February 2013, No WJZ/12048871;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Law: Telecommunications law ;
b. permit: permit as specified in Article 3.13, first paragraph, of the Act ;
c. Antenna registry: public antenna registry as intended in Article 3.23, first paragraph, of the Act .
1 By ministerial arrangement, categories of radio transmission equipment may be designated for which the use of frequency space is not subject to authorisation, and no reporting obligation is applicable.
2 The designation of categories of radio-transmitting apparatus referred to in paragraph 1 may be carried out only in so far as radio transmission apparatus, which does not cause, or virtually no fault, or hindrants to electrical or electronic equipment, which There are no radio stations.
In the case of use as referred to in paragraph 1, rules may be laid down by means of a ministerial arrangement:
a. on the effectiveness of use;
b. The nature of the radio transmission equipment and the antenna devices associated thereto, and the capability to broadcast;
c. for the performance of obligations arising out of treaties or from binding acts of international organisations relating to the use of frequency space.
1 By ministerial arrangement, categories of radio transmission equipment may be designated for which frequency space is not required, subject to mandatory reporting requirements.
In the case of use as referred to in paragraph 1, rules may be laid down under ministerial rules on:
a. The availability of documents of the user;
b. The cause of impediments in radio transmission or reception apparatus, or in electrical or electronic devices, by the desired signal from a radio transmission device.
3 Article 2, third paragraph , shall apply mutatis mutandis.
1 In the case of Ministerial Regulations, requirements to be met by a natural person for the use of frequency space as referred to in Article 1 may be Article 3, first paragraph . These requirements may include only that:
a. The user has reached a certain age;
b. The user has passed an examination required for the use of the required frequency space, in conjunction with the purpose for which the frequency space is used; or
c. The user is in possession of a certificate of operation.
2 With regard to the acquisition of a certificate of operation and examination referred to in paragraph 1, rules may be laid down under ministerial rules concerning:
a. the passing and the taking of the examination;
b. The requirements of the examination;
c. Exposition of the examination;
d. the manner in which the fee for an examination or a waiver is to be fulfilled;
e. obtaining a certificate of operation.
3 By ministerial arrangement rules may be laid down for use by legal persons of frequency space as referred to in Article 3, first paragraph .
4 For the purposes of this Article, a company without legal personality shall be the same as a legal person.
1 The person intending to use a frequency space not required to be authorised as intended to be used in the Article 3, first paragraph , please report this to our Minister.
2 Our Minister records the frequency use mentioned in the notification unless the rules to be laid down by ministerial regulation are not met.
3 The frequency space for use of which no licence is required shall only be used if the use is registered in accordance with the second paragraph.
4 For the purpose of identifying the radio-transmitting apparatus, our Minister, by means of ministerial rules, shall apply to the person who has notified the notification of a combination of letters or figures.
5 In the case of ministerial arrangements, detailed rules may be laid down for notification, registration and the award of the combination of letters or figures.
In the case of a procedure for the grant of a licence, Article 3.10, first paragraph, of the Act may be reserved for a category of applicants for a frequency space under ministerial arrangement. In doing so, a maximum amount of reserved frequency space can be established which an applicant can acquire in the procedure.
1 Not later than seven days after the decision, Article 3.10, third paragraph, of the Act , has entered into force, makes our Minister known:
a. the rules, intended in the Articles 8 , 9, 1st Member and 10, 1st Member ;
b. the rules referred to in Article 3.15, first paragraph, of the Act .
2 Our Minister shall give every person, for a period of at least four weeks, his views on a draft of the rules referred to in the first paragraph.
A ministerial arrangement shall lay down rules on the lodging of the application for authorisation and on the content of the application and the information to be submitted in the course of such an application. These rules may vary by permit.
1 Until the auction and the comparative test, only authorised applicants who comply with requirements to be submitted by ministerial order shall be required. These requirements may vary by permit.
2 The requirements referred to in paragraph 1 may relate only to the following:
a. Legal form of the applicant;
b. Financial position of the applicant;
c. knowledge and experience of the applicant;
d. technical means available to the applicant;
e. status of the applicant as a commercial broadcaster;
f. Contribute by the applicant to the transition from analogue to digital engineering.
3 Where a permit to be granted relates to the use of frequency space intended for commercial broadcasting, the requirements referred to in paragraph 1 may also cover the safeguarding of democratic, social, linguistic and and cultural interests which play a role in the use of frequency space, taking into account pluralism in the media.
1 By ministerial arrangement rules shall be laid down concerning the application and implementation of the auction or the comparative test. These rules may vary by permit.
In each case, in the case of an auction, the rules referred to in paragraph 1 shall apply:
a. the manner in which bids are submitted;
b. the requirements of a valid offer;
(c) the guarantee that a bid is made or costs and damage may be recovered;
d. measures to ensure the uninterrupted and fair conduct of the auction, including the cases where, the period within which and the conditions under which the auctioning can be temporarily suspended can be declared invalid and bids can be declared invalid and bid probes may be reared;
e. the method to be used in the event of an auction to determine the bid for which the holder is eligible to grant the authorization;
f. the requirements relating to the method of payment and the time when the person to whom the authorization is granted must have made that payment.
3 In the case of a comparative test, the rules referred to in paragraph 1 shall, in any case, relate to the criteria for determining the quality of the application or the quality of the applicant.
4 In the case of a comparative test including a financial bid, the rules referred to in paragraph 1 may also cover:
a. the cases in which a financial bid is issued, and the manner in which that bid is submitted;
b. the requirements of a valid financial bid;
(c) the guarantee that a financial bid is incurred or costs and damage may be recovered;
d. the requirements relating to the method of payment of the financial bid and the time when the person to whom the authorization is granted must have made that payment.
In the case of a comparative test, the Minister shall take into account the objectives set out in the preparation of the criteria. Article 1.3, first paragraph, of the Act .
6 By ministerial arrangement rules may be set as referred to in Article 3.16, second paragraph, part b, of the Act .
1 In the case of a ministerial arrangement, requirements may be made to which the applicant must comply in order to be eligible for authorisation. These requirements may include only that:
a. The applicant has reached a certain age;
b. The applicant has passed an examination required for the use of the required frequency space, in conjunction with the target for which it is used;
(c) the applicant holds a certificate of operation;
d. The applicant has a reasonable interest in the intended use of the requested frequency space.
2 Article 4, second paragraph , shall apply mutatis mutandis.
3 In so far as the nature, extent or social importance of the authorization so as to the discretion of our Minister, the requirements laid down in paragraph 1 of this Article may, in addition to the requirements laid down in the first paragraph of the Ministerial Regulation, be set out in the Article 9, second and third paragraphs , and may also be subject to rules in the interest of a balanced distribution or an efficient use of frequency space.
A ministerial arrangement may lay down rules on the lodging of applications for authorisation and on the content of the application and the information to be submitted in the course of such an application. These rules may vary according to the authorisation to be granted.
1 In the case of the authorisation of a frequency space intended for the provision of public electronic communications networks or public electronic communication services, Our Minister shall decide on an application for the authorisation to be granted within six weeks of receipt of the application.
2 The deadline referred to in paragraph 1 may be waived if international frequency and satellite coordination is required by the International Telecommunication Convention.
1 By ministerial arrangements, rules shall be laid down concerning:
a. the submission of an application for the authorisation of the use of frequency space as intended in Article 3.10, first paragraph, part b, of the Act ;
(b) the content of the application and the information to be submitted thereto;
c. the requirements to be met by the applicant.
2 The requirements referred to in paragraph 1 (c) may relate only to the following:
a. Legal form of the applicant;
b. Financial position of the applicant;
c. knowledge and experience of the applicant;
d. technical means available to the applicant;
e. status of the applicant as a commercial broadcaster;
f. Contribute by the applicant to the transition from analogue to digital engineering.
3 To the extent that is already possible at that time, Our Minister, when deciding to grant permits in a certain frequency band using the procedure referred to in Article 3.10, first paragraph, part b, of the Act , also, the rules and restrictions which will be attached to the licence.
1 Not later than nine weeks after receipt of an application complying with the provisions of the Article 14, first paragraph Our Minister is known in the Official Gazette:
(a) the receipt of the application and the frequency band to which this application relates;
(b) the start of the six-week period for the submission of applications for the authorisation of the use of the same frequency band;
(c) in so far as this is reasonably possible, the rules and restrictions which will be attached to an authorisation for the use of the relevant frequency band.
2 On the grounds of Article 14 The provisions of the first paragraph shall include applications as referred to in paragraph 1 (b).
1 Not later than nine weeks after the final date of receipt, Article 15, first paragraph, part b , Take Our Minister.
a. A decision on the authorisation of the use of a frequency space where the total number of the requested frequency space is less than or equal to the available frequency space within the relevant frequency space; geographical range or
b. the decision that the permit is granted by auction if the total volume of the requested frequency space exceeds the available frequency space within the frequency and geographical ranges.
2 A ministerial arrangement shall lay down rules on the manner in which the grant referred to in paragraph 1 (a) and the auction referred to in paragraph 1 (b) of the first paragraph is to be carried out.
3 In the case of the grant of an authorisation by way of an auction referred to in paragraph 1 (b), our Minister shall publish, not later than two weeks after the decision referred to in the first paragraph, introductory wording and part b:
a. The time of commencement of the auction;
b. the licences which will be granted by auction;
(c) in so far as this is reasonably possible, the rules and restrictions which will be attached to the use of the relevant frequency space.
4 In the case of the grant of an auction by way of an auction referred to in paragraph 1 (b), our Minister shall, no later than 25 weeks after the final date of receipt, Article 15, first paragraph, part b , a decision on the granting of a licence.
1 The rules and restrictions to be attached to a licence may only cover:
a. The efficient use of the assigned frequency space;
b. The nature of the radio transmission equipment and the associated antenna devices, and the capability to broadcast;
documents which must be kept available to the holder of the authorisation;
(d) obligations arising from the commitments made by the holder of the authorisation in the context of a comparative test or auction, even if only one applicant fulfils the requirements laid down in or under the law;
e. the cause of impediments in radio transmission or reception apparatus, or in electrical or electronic devices, by the desired signal from a radio transmission device;
f. ensuring the in Article 9 (3) , the interests referred to;
g. the services to be offered, the type of electronic communications network to be offered or the technology to be used;
Compliance with obligations arising from conventions or from binding decisions of international organizations relating to the use of radio frequencies or positions in space;
(i) the identification of the transmitting apparatus by means of a combination of letters or numbers to be used for the purposes of authorisation.
2 The rules and restrictions referred to in paragraph 1 of paragraph 1 may cover, inter alia, the period and geographical area within which the services referred to in the first paragraph, part g, must be offered.
3 Where cooperation between licence holders is necessary to permit the use of modified or newly assigned frequency space while maintaining continuity of service, the rules referred to in paragraph 1 (a) of this Article may be and restrictions, inter alia, consist of an obligation for these licensees to enter into an agreement on this cooperation within a specified period of time.
4 Our Minister may, at the request of one of the holders of a licence referred to in the third paragraph or of his own initiative, lay down rules on how the agreement should be established. The licence holders comply with the regulations given by Our Minister.
5 If one or more parts of the contract referred to in the third paragraph do not reach agreement on all the licensees involved in that part or those parts, our Minister may, upon request or by his own initiative, be Mandatory indication. The authorisation holders shall be bound by the designation at the time of the conclusion of the contract.
1 For all categories of authorisations granted under the procedure provided for in Article 3.10, first paragraph, part a, of the law It shall be extended for a period of five years to be automatically granted.
2 Authorisations granted under one of the procedures referred to in Article 3.10, first paragraph, points (b) to (f) of the Act shall not be renewed unless our Minister decides that a permit is fully or partially renewable because he considers that:
a. An extension has the general social, cultural or economic importance; or
b. Extension of importance is for the promotion of transition from analogue to digital engineering.
3 Our Minister takes the decision, referred to in paragraph 2, in the period between four and two years before the expiry of the licence. In the use of frequency space by or for the benefit of commercial media institutions as intended Article 1.1 of the Media Act 2008 By way of derogation from the preceding sentence, the decision may be taken between four and one year before the expiry of the authorization.
4 Our Minister makes the decision referred to in the second paragraph, known in the Official Gazette, and the extension period and, as far as it is possible at that time, the rules and restrictions which will be amended or adopted on the occasion of an extension. the authorisation will be connected.
5 An application for renewal shall be made within a period to be determined by ministerial arrangement.
6 Before the application period, referred to in the fifth paragraph, starts, Our Minister makes the rules, intended Article 3.15, first paragraph, of the Act -
7 If, by way of derogation from the second paragraph, the continuity of the provision of services to the Minister is concerned, he may, as from two years before the expiry of the authorization, extend an authorization of his own motion for an order to be determined by him. period. Our Minister also makes the decision, referred to in the first sentence, of the rules. Article 3.15, first paragraph, of the Act , the extension period and the rules and restrictions that will be modified or subject to the permit upon renewal will be known. If the renewal provided for in the first sentence is extended to the tenth paragraph, the amendments and additions referred to in that paragraph may refer to a date earlier than that which expires on the duration of the authorization to be extended.
8 The first, second and third paragraphs shall apply mutatis mutandis to a licence issued on the basis of the Articles 3.19a or 3.20 of the Act has been obtained.
9 Authorisations granted under the procedure provided for in Article 3.6, first paragraph, of the Act , shall be renewed upon application, unless an effective organisation of the frequency spectrum opposes it.
10 In the case of an extension of a permit, the regulations and restrictions attached to the licence may be amended and new requirements and restrictions may be added to the permit.
11 In the case of ministerial arrangements, detailed rules may be laid down for the renewal of licences. These rules may vary according to the authorisation to be granted.
1 Our Minister shall publish in the Official Gazette a decision as set out in:
a. Article 3.19a, first paragraph, of the Act that the holder of a licence is required to transfer all or part of that authorisation,
b. Article 3.19a, second paragraph, of the Act Mr President, Mr President, Mr President-in-office of the Council, I
2 Not later than seven days after the publication of the decision referred to in paragraph 1 (a) or (b), our Minister shall announce:
a. the period specified in Article 3.19a, first paragraph, of the Act ;
b. the period specified in Article 3.19a, fifth paragraph, of the Act .
A ministerial arrangement shall lay down rules on:
a. the lodging of the application for authorisation or transfer;
(b) the claims made to the applicant for the purpose of obtaining the authorization or for the transfer of the licence;
c. the content of the application and the information to be provided in that application.
These rules may vary by permit.
1 To a procedure for the acquisition of consent and a transfer procedure as referred to in Article 3.19a, first and second paragraph, of the Act only authorised applicants who comply with requirements to be laid down by ministerial arrangement. These requirements may vary by permit.
2 The requirements referred to in paragraph 1 may relate only to the following:
a. Legal form of the applicant;
b. Financial position of the applicant;
c. knowledge and experience of the applicant;
d. technical means available to the applicant;
e. status of the applicant as a commercial broadcaster;
f. Contribute by the applicant to the transition from analogue to digital engineering.
3 Article 9, third paragraph , mutatis mutandis, shall apply to the requirements referred to in paragraph 1.
4 In so far as the nature, extent or social importance of the authorization so far gives the opinion of our Minister, rules may be imposed in addition to the requirements of the second and third paragraphs of the Ministerial Regulation. the importance of a balanced distribution or an efficient use of frequency space.
5 Consent shall in any case be refused if:
a. The applicant shall be the latching holder of the authorisation,
b. the applicant on the latent holder of the authorisation or the latent holder of the authorisation has such discretion or effect that it can significantly determine the policy of the applicant or the latent holder of the authorisation, or it has a significant impact on the content of that policy; or
c. a natural person or group of natural persons directly or indirectly has such control or effect in both the applicant and the latching permit holder that it can significantly determine the policies of both has a significant impact on the content of the policies of both.
1 By ministerial arrangements, rules shall be laid down as to how the procedure for obtaining consent and the procedure to determine which natural or legal person is to be transferred is to be carried out. This system may vary by licence.
2 The rules referred to in paragraph 1 shall in any case relate to:
a. The confidentiality to be taken into account by the applicant and the latent holder of the authorisation;
b. the manner in which a price for the permit is provided;
c. the method of determining who has offered the highest price;
d. the requirements of a valid offer;
(e) the guarantee that a person (s) of (c) Articles 3.10 or 3.15 of the Act a financial obligation imposed on it;
f. measures for the uninterrupted conduct of the procedure referred to in the first paragraph;
g. the method to be used by the holder of the authorisation to determine the bid for which the holder is eligible to grant the authorisation;
h. the requirements relating to the method of payment of the financial obligations referred to in subparagraph (e), and the time when the person to whom the licence is transferred must have made that payment.
1 In the antenna registry, data shall be included of:
a. Aerials placed in a fixed location with the target of transmitting more than 10 dB watts of Effective Radiated Power (ERP).
b. antennas placed at a fixed location and belonging to a network, if more than half of the number of antennas of the network has a transmitting power of more than 10 dB watts of ERP;
c. The antennas of radio amateurs registered as the user of frequency space.
2 Of the first paragraph are excluded from the data of aerials used by government bodies carrying out a task in the field of police, justice or security.
1 In the antenna register for the antennas, intended in Article 23, first paragraph, points (a) and (b) the following information:
a. the application of the antenna;
b. Meased the height from the mower field to the geometric centre of the antenna;
c. the frequency of the application used;
d. The main beam direction of the antenna;
e. the transmitter power of the antenna in the headjet direction indicated in dB watt ERP;
f. the date of deployment of the antenna;
g. the location of the antenna installation, with an accuracy of 15 meters, marked with the application of the World Geodetic System 1984.
2 The data referred to in paragraph 1 shall be communicated to Our Minister by the person using or intends to use the frequency.
1 In the antenna register for the antennas as intended Article 23, first paragraph, part c , the following information is included:
a. the location of the antenna installation, with an accuracy of 15 meters, designated using the World Geodetic System 1984;
b. Type of registration.
2 The data referred to in paragraph 1 shall be communicated to Our Minister by the radio-amateur who has registered for the use of frequency space.
3 Our Minister may include information provided by radio amateurs in the context of registration in the antenna register.
A ministerial arrangement shall lay down rules on:
a. The equipment of the antenna registry;
the date of delivery of the data;
c. the manner in which and the form in which the data is supplied;
d. the manner in which knowledge is to be taken into account.
1 In the case of ministerial settlement, frequency space is as defined in Article 3.24, first paragraph, of the Act That's right.
2 In the case of ministerial arrangements, detailed rules may be laid down in the Article 3.25 of the Act .
1 Article 9 of the Frequency Decision as it was before the entry into force of the Decision of the Minister for Economic Affairs, Agriculture and Innovation of 18 February 2011, amending the Frequency Decision relating to the digitisation policy for commercial radio (Stb. 2011, 88) shall continue to apply to applications for renewal made before the date of entry into force of that Decision.
2 The following arrangements shall continue to apply in respect of authorisations granted before the date of entry into force of this Decision:
a. the Application and auction procedure authorisations 2.6 GHz ;
b. the Application and comparative test licences commercial radio-broadcasting 2007 ;
d. the Application for authorization and implementation of comparative test DVB-T ;
e. the Application for import licence application for IMT-2000 ;
f. the Application procedure and auction use right frequency space for PAMR ;
g. the Procedure application procedure and auction use right frequency space for WLL ;
h. the Procedure application procedure and auction use right frequency space for WLL 26 GHz ;
j. the Scheme renewal and digitisation of commercial radio broadcasting (mid-wave and non-rural FM) , and
k. the Scheme renewal and digitisation of national commercial radio broadcasting .
After the entry into force of this Decision:
a. the 2008 Frequency Use Examination Scheme on the Article 4, second paragraph , and 11, second paragraph, of this Decision and the Articles 5 and 6 of the Telecommunication Act Decision ;
b. the Application and authorisation of the authorisation for the use of frequency use on the Articles 11, 1st paragraph , 11, second paragraph, in conjunction with 4, second paragraph, and 12 of this Decision;
c. the Application and comparative test licences commercial radio broadcasting 2003 On Article 3.10, first paragraph, of the Telecommunications Act and the Articles 8 , 9 and 10 of this Decision
d. the Application and auction procedure authorisations 800, 900 and 1800 MHz on the Articles 6 , 8 , 9 and 10 of this Decision;
e. the Public antenna registry scheme On Article 26 of this Decision;
f. the System Use of Frequency Space Without Permit 2008 on the Article 2, third paragraph , 3, first and second members , 4 , and 5, second, fourth and fifth members , of this Decision, and
g. the Controlled frequency distribution of frequencies commercial radio broadcasting 2003 On Article 3.10, first paragraph, of the Telecommunications Act and the Articles 8 , 9 and 10 of this Decision.
The following Decisions shall be repealed:
b. Decision designating categories of missionmeasures and eligibility criteria ,
d. Cable-related telecommunications infrastructure decision ,
f. Amendment decision on alternative distribution numbers, etc. ,
g. Amending Decision on Mobile Telecommunications Licensing (DCS 1800) ,
1 The Act of 10 May 2012 amending the Telecommunications Act in relation to the 2005 Nota Frequency Policy (Staatsblad 2013, 48) enters into force with effect from one month from the date of issuance of the Official Gazette in which it is placed.
2 Article XXXVII, Section K, of the Law of 22 December 2011 adapting certain laws in the field of Economic Affairs, Agriculture and Innovation following departmental reclassification and the restoration of some legal engineering defects and gaps (Staatsblad 2012, 19) shall enter into force on the date referred to in paragraph 1, immediately after the entry into force of the Act, referred to in paragraph 1.
3 Article I (C), (D), (E) to (H) , Article V, first paragraph and Article VIa of the Law of 10 May 2012 amending the Telecommunications Act for the implementation of the revised telecommunications directives shall enter into force on the time referred to in paragraph 1 immediately after the entry into force of the Act referred to in the first paragraph.
4 This Decision shall enter into force on the date referred to in the third paragraph.
This Decision is cited as: Frequency decision 2013.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 8 February 2013
Beatrix
The Minister for Economic Affairs,
H.G.J. Kamp
Published the fifteenth of February 2013The Minister for Security and Justice,
I. W. Opstelten
