Appendix 6: Spectrum regulation in selected OECD countries

Rundfunk and Telekom Regulierungs-GmbH – RTR GmbH (Regulatory Authority for Telecommunications and Broadcasting)

As a "convergence regulator," RTR acts as the operative arm of the Austrian Communications Authority (KommAustria) as well as the Telekom Control Commission (TKK).

RTR responsible for allocating frequencies.

Bundesministerium für Verkehr, Innovation und Technologie-Abteilung III Innovation und Telekom (Ministry of Transport, Innovation and Technology)

There are two levels of management : federal and regional

The federal level is in charge of the Preparation of the frequency usage plan and the frequency range allocation plan.

The regional level is in charge of the monitoring of frequencies, of the investigation of harmful interference and of the issuing of individual licences for all civil users of frequencies in the land mobile and fixed services except frequencies for broadcasting purposes and those frequencies, for which the number of licences have been restricted due to Sec. 52 Para 3 of the Telecommunications Act. These frequencies are managed by TKK.

Belgisch Instituut voor Postdiensten en Telecommunicatie - Institut belge des Services Postaux et des Télécommunications - BIPT/IBPT (Belgian Institute for postal services and telecommunications)

It is charged with the management of the Belgian radio spectrum. That task includes both the daily frequency allocations and frequency co-ordination for the Belgian spectrum, as well as the long-term policy relating to frequency plans and frequency reorganisation. It also monitors the correct application of the various international agreements by Belgium with respect to the use of the electromagnetic spectrum.

BIPT is not authorised to plan broadcasting frequencies.

4

Canada

In Canada, an executive branch agency called Industry Canada manages all spectrum (federal and non-federal) in an office called the Spectrum, Information Technology, and Telecommunications (SITT) Sector. SITT manages spectrum use by broadcasters, operators, and radio license holders, and protects Canada’s rights and interests regarding spectrum use through international agreements and regulations. However, broadcast licenses are managed by an independent regulatory agency called the Canadian Radio-television and Telecommunications Commission (CRTC). CRTC regulates and supervises all aspects of the Canadian broadcasting system, as well as telecommunications common carriers and service providers. This includes granting and maintaining licenses for spectrum use by broadcasting entities.

5

Czech Republic

Ministry of Informatics sets down general principles of the state policy in relation to telecommunications. In the area of frequency management it approves the Plan of Frequency Bands Allocations.

The Czech Telecommunication Office performs Frequency Management, sets down and publishes the Plan of Frequency Bands Allocations and the Plan of Frequency Spectrum Utilisations and modifications of these plans, grants licences on networks and services related to spectrum use and grants permits to operate radio transmitting equipment, supervises the radio spectrum utilisation - performs state inspections including spectrum monitoring.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

6

Denmark

IT-og Telestyrelsen (National agency of telecommunications)

This is a governmental agency under the Ministry of Research and Information Technology. Undertakes allocation and assignment of frequencies. The agency is responsible for the daily management of frequencies.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

7

Finland

Liikenne- ja viestintäministeriö (Ministry of Transport and Communications)

The Government confirms the utilisation plans concerning frequency ranges allocated for telecommunications. Licences are granted by the Government. The regulator decides on the utilisation plans for the frequency bands allocated for other purposes. The Ministry prepares matters for Government’s decision and follows the work of FICORA.

FICORA prescribes the frequencies to be used for different purposes of use, taking into consideration international decisions and recommendations on radio frequency usage. It also oversees the use of radio frequencies.

Viestintävirasto Kommunikationsverket (Finnish Communications Regulatory Authority - FICORA)

FICORA controls the use of radio frequencies in Finland with the aim of ensuring there are sufficient frequencies equally available to all that need them. It seeks to assign frequencies that are as free from interference as possible to meet each user’s needs. It also ensures that Finland’s national interests are taken into account in international agreements on frequency usage.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

8

France

Agence nationale des frequencies - ANFR (National Frequency Agency)

The Agency is responsible for all activities shared by various ministries and frequency allocating authorities. It manages the spectrum in a global manner.

However, individual ministries and frequency allocating authorities are responsible for the strictly defined management of their attributed bands. In particular, they issue frequency assignment authorisations to various users.

The Agency also caters to the management of certain types of private radioelectric networks for the National Authority of regulation of Telecommunications (ART), on the basis of a joint agreement established by the two bodies.

Finally, the State has entrusted the Agency with the billing of the frequency licence fees and administration taxes.

Autorité de régulation des telecommunications - ART (French Telecommunications Regulatory Authority)

ART manages radio frequencies for telecommunications, assigns individual radio frequencies or frequency bands to operators in objective, transparent and non-discriminatory conditions, and keeps registers of all allocated radio frequencies. There is a department “operators and scarce resources regulation” in charge of radio spectrum policy and frequency management. ART follows the European work in ERC/ITU.

Conseil supérieur de l’audiovisuel - CSA (Higher Council for the audiovisual sector)

Manages the radio and TV frequencies.

Ministère de l'Economie, des Finances et de l’Industrie - Direction générale de l'industrie, des technologies de l'information et des postes

1. Is in charge of the national industrial policy
   • for most equipment and systems using frequencies.
     
   • for information society services
     
2. Drafts national high level regulations on frequencies 

9

Germany

Bundesminiterium für Wirtschaft und Arbeit (Ministry of Economy and labour)

The Ministry follows the work of the NRA and gives political input to spectrum management.

Regulieurngsbehörde für Telekommunikation und Post- RegTP (Regulation authority for the post and telecommunications)

Reg TP is the body in charge of frequency management and of control of the use of frequencies.

Reg TP draws up the frequency usage plan, which contains further allocation of frequency bands for individual frequency usage and determination of such usage.

Each frequency usage needs a prior assignment by the Reg TP.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

10

Greece

National Telecommunications and Post Commission – EETT (National Regulatory Authority)

Manages the radio frequencies spectrum, assigns individual radio frequencies or frequency bands and keeps registers of all allocated radio frequencies.

The Ministry of Transportation and Communications

Follows the compliance to regulation and ensures the rational management and economical use of the radio-frequency spectrum and the sections of geostationary-satellite orbit granted or made available to the country. It allocates frequencies, monitors and localises emissions of any nature and detects and eliminates harmful interference, co-operates with the Ministry of National Defence for the formulation of the telecommunications policy for the national defence.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

11

Hungary

Informatikai és Hírközlési Minisztérium – IHM (Ministry of Informatics and Communications – MIC)

The Ministry (MIC) is the leading organisation with regard to civil radio spectrum management. Within this role the MIC is responsible for the development of long-term spectrum policy and strategy as well as their regular revision. The MIC, in cooperation with the Ministry responsible for non-civil frequency management, draws up the National Table of Frequency Allocations (NTFA) and publishes decrees outlining the rules for the use of frequencies.

Nemzeti Hírközlési Hatóság - NHH (National Communications Authority – NCA)

NCA was established by 1st January 2004 as legal successor of the previous Communications Authority of Hungary. NCA is a central governmental agency of the state administration.

It is responsible for the operational part of radio spectrum management (frequency planning, assignment, frequency coordination with neighbouring countries, preparation of long-term policy (national frequency allocation table, refarming plans, introduction of new radio services, etc.), issuing licences for and monitoring/enforcement of frequency use, co-operation with Governmental Frequency Management Office).

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

12

Iceland

13

Ireland

Department of Communications, Marine & Natural Resources

The Minister is responsible for the development of telecommunications policy including spectrum policy and for international agreements.

The Minister can give policy directions to the Regulator.

The consent of the Minister is required for all regulation enacted under the Wireless Telegraphy Act.

Commission for Communications Regulation

The Commission is responsible for the day-to-day function of spectrum management such as licensing and enforcement in accordance with any policy directions from the Minister.

In enacting regulations governing the licensing of radio systems, the Commission must receive the consent of the Minister and, where fees are involved, the agreement of the Minister for Finance.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

14

Italy

Ministro delle comunicazioni (Ministry of Communications)

The Ministry is responsible for the approval of the national frequency allocations table; radio spectrum monitoring and investigation of harmful interferences; national and international coordination of frequencies; assignment of radio frequencies to stations for civil use; notifications of all frequency assignments to ITU-R; issuing of operator's certificates for maritime, aeronautical, amateurs services; keeping of register of national assignments; issuing of authorisation for civil use in all services; market control of radio equipments; issue of operator's certificates for maritime, aeronautical, amateurs services; conformity assessments; cooperation with the Authority for the guarantees in communications in the preparation of frequency assignment plans; representative in international activity and participation in WRC’s and RRC’s; long term policy.

Autorita per le garanzie nelle comunicazioni - AGCOM (National Regulatory Authority)

The Authority is competent for the following tasks related to frequency management: express an advice on the national frequency allocations table; approve frequency assignment plans; adopt regulations for the introduction and the exploitation of new services; monitor the e.m. field strengths compatible with the public health in cooperation with Regional Authorities of the Ministry of Public health and with the Regional Inspectorates of the Ministry of communications; in the field of broadcasting service, draw up, in co-operation with the Ministry of Communications and having consulted the public concessionaire and the national associations of radio-television operators, the plans for the allocation of frequencies, establish equitable conditions for the competition in licensing; monitor the contents of broadcasting programs.

Ministero della Difesa (Ministry of Defense)

stations used for military purposes.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

15

Japan

Ministry of Public Management, Home Affairs, Posts & Telecommunications is the regulator in charge of spectrum management.

http://www.apectelwg.org/contents/othersites1.jsp#JAPAN

16

Korea

Ministry of Information and Communication (MIC) is the spectrum management organization in Korea.

http://www.mic.go.kr/index.jsp

17

Luxembourg

Institut Luxembourgeois de Regulation - ILR (Luxembourg regulation institute)

Allotment and assignment of frequencies, except radio and television frequencies (competence of the Media and Communication Service).

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

18

Mexico

19

Netherlands

Agentschap Telecom (Radiocommunications Agency)

The Radiocommunications Agency provides for the optimal use of the radio spectrum. On the basis of the Telecommunications Act, the Radiocommunications Agency implements the government’s telecommunication policy. The core tasks of the Radiocommunications Agency consist of the acquisition, distribution and protection of spectrum space.

The Radiocommunications Agency is aimed at product development during international negotiations, in order to implement and safeguard compliance to policy as much as possible. Besides this, the Telecoms Agency can advise the DGTP in formulating its policy.

In practice, the Radiocommunications Agency also participates in the preparation and formation of policy. However, this always happens on the basis of a mandator-mandatee relationship with DGTP.

Onafhankelijke Post en Telecommunicatie Autoriteit – OPTA (National Authority of regulation of telecommunications)

OPTA oversees compliance with legislation and regulations in the areas of post and telecommunications. This concerns the Postal Services Act, the Telecommunications Act, lower regulation based on these Acts, as well as European legislation. Following the Telecommunications Act, OPTA controls all telecoms undertakings. Its main duties include:

• Appointment of operators having a significant market power;
  
• Arbitration;
  
• Approval of tariffs for interconnection and end users;
  
• Designation of numbers;
  
• Protection of privacy. 

Ministerie van Economische Zaken – Directoraat-Generaal Telecommunicatie en Post – DGTP (Ministry of Economy Directorate General Telecommunications and Post)

DGTP formulates long-term policy on telecommunications infrastructure, reaches (inter)national agreements and develops a vision on the use of telecoms infrastructure from the viewpoint of user requirements. The Direction stimulates standardisation and new technologies, takes care of the designation of frequency rights and numbers, and guarantees the reliability and, related to this, the safety of information and telecommunication systems. DGTP therefore provides the policy frameworks starting from which the Telecoms Agency can reach implementation agreements.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

20

New Zealand

21

Norway

Ministry of Transport and Communications

The Minister is responsible for the development of telecommunications policy including spectrum policy and for international agreements. The Ministry also assigns spectrum for public mobile services.

Norwegian Post and Telecommunications Authority (NPT)

The NPT is responsible for frequency management in Norway, i.e. planning, allocations and assignment of frequencies (except public mobile services), and monitoring and enforcement.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

22

Poland

23

Portugal

ICP - Autoridade Nacional de Comunicações – ICP-ANACOM (National Regulatory Authority for Communications)

ANACOM is the regulator, supervisor and representative of the communications sector in Portugal.

The Spectrum Management Directorate is charged with planning, management and control of the radio spectrum to ensure its effective and efficient use.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

24

Slovak Republic

25

Spain

Ministro de cienca y tecnologia - SETSI (Ministry of Science and of Technology)

There is a general sub-direction for the planning and the management of spectrum. The Ministry is responsible for the issuing of licences for frequency use.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

26

Sweden

Post & Telestyrelsen – PTS (National Post and Telecom Agency)

PTS is the authority that monitors the telecommunications, IT, radio and postal sectors. PTS is the governmental Agency for spectrum management and frequency planning.

This comprises management of the allocation of spectrum and individual assignments of frequencies, enforcement of frequency use and market surveillance.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

27

Switzerland

28

Turkey

29

United Kingdom

Office of Communications (Ofcom)

Ofcom was created by the Communications Act 2003 as a unified regulator for the electronic communications sector. From 29 December 2003 it took over the responsibilities previously exercised by the separate regulators responsible for telecommunications, radio spectrum, commercial television, commercial radio and broadcasting standards.

Ofcom has taken over the spectrum management responsibilities previously exercised by the Radiocommunications Agency under the Wireless Telegraphy Acts. It also has a new duty under the Communications Act to secure the optimal use of the radio spectrum, taking account of the different needs and interests of all persons who may wish to make use of it.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

30

United States

The Communications Act of 1934 established the FCC as an agency, independent of the executive branch, to manage all non-federal government spectrum (which includes commercial, state, and local government uses), while preserving the President’s authority to manage all spectrum used by the federal government. The President also manages frequency assignments to foreign embassies and regulates the characteristics and permissible uses of the government’s radio equipment. The President delegates this authority to the Assistant Secretary of Commerce for Communications and Information, who is also the Administrator of the National Telecommunications and Information Administration (NTIA). NTIA’s Office of International Affairs represents U.S. government interests in international fora, such as ITU conferences (e.g., World Radio Communication Conferences) along with the FCC and other federal agencies. NTIA’s Office of Spectrum Management develops policies and procedures for domestic spectrum use by the federal government. This entails developing long range plans and war and readiness plans for spectrum use and chairing the Interdepartmental Radio Advisory Committee (IRAC).

http://www.ahcietmovil.com/comun/pags/agenda/eventos/2002/55/
ponencias/FCCSpectrumManagementPaper.August302002.doc

31

International & European

The International Telecommunication Union (ITU) is responsible for international regulation of the radio spectrum.

http://www.itu.int/home/index.html

In Europe spectrum regulation is managed by European Conference of Postal and Telecommunications Administrations (CEPT) and within CEPT the European Communications Committee (ECC). CEPT maintains the European Frequency Allocation Table. All member countries also implement their national frequency allocation table based on the CEPT one.

http://www.ist-broadway.org/documents/deliverables/
broadway-wp5-d11.pdf.

32

Estonia

33

Lativa

34

Cyprus

The Department of Electronic Communications (DEC)

Established in 2003 (formerly Directorate of Telecommunications within the Ministry of Communications and Works).

The Minister of Communications and Works is responsible for the overall policy on all radio matters.

DEC is responsible for the management of the radio spectrum and advises the Minister on radio spectrum policy issues. DEC develops and maintains the National Frequency Plan, it authorises the use of the radio spectrum (including the assignment of frequencies to broadcasting stations) and monitors spectrum usage.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc

35

Lithuania

Ryšių Reguliavimo Tarnyba – RRT (Communications Regulatory Authority)

The Communications Regulatory Authority is an independent state institution regulating and supervising telecommunications activities in Lithuania. The Authority drafts the National Radio Frequency Allocation Table (adopted by the Government) and is also responsible for radio spectrum management including international coordination, establishment of usage conditions, frequency assignment, monitoring and supervision. Assignment of radio frequencies for broadcasting is done together with the Lithuanian Radio and Television Commission that issues broadcasting licences.

The Communications Regulatory Authority has been set up under the Law on Telecommunications and in line with the European Union regulatory framework. Susisiekimo ministerija - SM (Ministry of Transport and Communications)

The Ministry of Transport and Communications is responsible for overall state strategy and policy in the telecommunications sector as well as of its developing and implementation.

http://rspg.groups.eu.int/doc/documents/meeting/
organisation_spectrum.doc