The electronic communications framework directive, as amended by the Industry Committee, therefore asks the Commission to table a legislative proposal to establish a "radio spectrum action programme".
The committee calls for a more coherent and integrated approach to allocating "digital dividend" frequencies freed up by the switchover from analogue to digital TV, to be completed by 2012.
Manage spectrum flexibly, but safeguard media pluralism
The draft directive, as amended, would require Member States to ensure that any technology or any service can use any frequency available for electronic communications services, in line with national frequency allocation plans and with the International Telecommunication Union's Radio Regulations. Measures requiring that a service be supplied in a specific frequency band would have to be justified by reference to general interest aims such as ensuring safety of life, promoting social, regional or territorial cohesion, avoiding inefficient use of radio frequencies, or promoting cultural and media aims such as cultural and linguistic diversity and media pluralism, say MEPs.
Ensure fair competition by applying regulatory measures consistently in all Member States
The Industry Committee also approved a report by Pilar del Castillo (EPP-ED, ES), which proposes setting up a Body of European Regulators in Telecommunications (BERT), composed of the 27 national regulatory authorities, as an alternative to the European Electronic Communications Market Authority (EECMA) advocated by the Commission.
MEPs propose a new "co-regulation" procedure which would require national regulatory authorities consult the Commission and BERT before taking regulatory decisions. The Commission may require the national regulatory authority to amend the draft measure if BERT considers the measure inappropriate or ineffective.
Separating network services from content ones seen as "an exceptional measure" to promote competition
A national regulator may, as "an exceptional measure", require telecoms operators to separate their network services from their content ones - known as "functional separation" - by creating a separate business unit to run the network services. This unit should then provide all network user firms with access products and services on equal terms. However, the national regulator may apply this remedy only if both the Commission and BERT confirm that no other measure has achieved effective competition and that, without the remedy, there is little prospect of future infrastructure-based competition.
Promote investment in next-generation access networks
MEPs also advocate "appropriate incentives for investments in new high-speed networks that will support innovation in content-rich internet services and strengthen European international competitiveness". These "next generation access networks", using fibre optics, will provide ubiquitous and converged service infrastructure for electronic communications, computing and media.
The Industry Committee asks national regulators to promote market-driven investment and innovation in new and enhanced infrastructures, for example by encouraging investment sharing and by ensuring appropriate risk-sharing among the investor and firms wanting access to new facilities.
