Innovative uses of spectrum - Summary of consultation responses and next steps
Statement published 25|06|09
Interim statement
Consultation
1.1 We published a consultation document on 9 October 2008 in which we sought views on the general approach that we proposed to take when licensing commercial use of non-liberalised and non-tradable spectrum for which there are no existing suitable licences (-1-). This followed approaches in recent years from a number of organisations that wished to launch innovative commercial wireless services. The consultation document asked stakeholders about the key features we proposed for an innovation licence, including technical conditions, term, revocation, protection from interference, award mechanism and licence fees.
Responses
1.2 We received 23 responses to the consultation. In general respondents were positive about the need for us to be able to respond effectively to requests for innovative uses of spectrum and the basic proposal to create a new class of licence. Respondents raised a number of points in relation to the detailed proposals which are summarised in Annex 1. Respondents fell into two groups: public sector bodies and commercial spectrum users/representatives. We have published those which were not confidential (-2-) and a list of those respondents who did not request their details to be kept confidential is in Annex 2.
1.3 The public sector respondents were the Civil Aviation Authority (CAA), the Ministry of Defence (MOD), the Meteorological Office and NATS. They hold, manage or make extensive use of the spectrum to which the proposed licences would apply (initially at least). They expressed views on preventing and remedying harmful interference and the potential administrative burden imposed by the new licensing processes.
1.4 The commercial respondents were companies already involved in innovative uses of spectrum and/or those with wider spectrum interests. Their responses focused on the availability of innovation licences and the terms and conditions likely to be applied to them.
We do not respond in this document to the points that have been made. We will do so in full in our final statement after the conclusion of the ongoing discussions described below.
Next steps
Having considered the responses, we are content that the overwhelming majority view supports the introduction of innovation licences and we shall therefore continue to develop them. We acknowledge that firms are keen to see the licences and that investment decisions will depend, inter alia, on ready access to spectrum via these licences. However we must accommodate competing needs in considering the introduction of these licences and we must address the concerns expressed by the MOD and CAA.
When they become available, these licences will provide a framework which will make it easier to use spectrum that has yet to be fully exploited by its holder(s). We must consider any request to use the spectrum. It is therefore more efficient and reduces the burden on spectrum managers and holders as well as applicants to have a specific product with an agreed procedure associated with it and this would be provided by the proposed licences. We are clear, however, that these licences will not remove the need for discussions with public sector bodies about use of this spectrum either in the short or the long term. We should also be clear that not every application for a new licence will be successful.
We do not believe that it would further the interests of citizens and consumers to put in place a system that did not respect the legitimate needs of the public sector bodies who may be using all, or part, of this spectrum and whose use could be adversely affected. Indeed, as noted in the consultation document, granting access to this spectrum would require consulting the public body concerned and ensuring new use did not cut across its current or planned exploitation of the spectrum. A lack of confidence among public sector bodies in the system itself would not facilitate that process. Consequently, the introduction of these new licences must be subject to the satisfactory conclusion of discussions with public sector bodies, to meet the concerns that they have expressed. We remain confident that we can resolve these issues.
We are therefore discussing in detail with the CAA and the MOD how best to introduce innovation licences. This includes the nature of licence conditions and technical limitations, how to minimise the risk (and remedy any occurrence) of harmful interference and what information they need in what form to be able to comment on an application in a timely manner without disproportionate effort.
When we have concluded those discussions, we intend to hold a seminar for interested stakeholders to better understand whether the procedures we are considering introducing are workable and reasonable.
On the working assumption that we shall in due course be introducing the licences, we shall in the meantime develop the necessary legislation and the administrative and technical arrangements. While we cannot predict exactly how long it will take to conclude discussions with the public sector bodies, we are aware that a number of firms are keen to see the new licences and that they need to plan investments. We shall therefore publish our final statement and make the licences available as soon as we can. We shall also publish updates on our website.
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Innovative uses of spectrum - Summary of consultation responses and next steps
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