1、European Radiocommunications Committee (ERC) within the European Conference of Postal and Telecommunications Administrations (CEPT) HARMONISATION OF LICENSING BieBienne, September 1998 STD.CEPT ERC REPORT b3-ENGL 1778 m 232b434 0033547 052 b Copyright 1998 the European Conference of Postal and Telec
2、ommunications Administrations (CEPT) I STD-CEPT ERC REPORT b3-ENGL 1998 2326434 0033550 874 = ERC REPORT 61 REPORT ON HARMONISATION OF LICENSING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 INTRODUCTION 1 BACKGROUND . 1 PURPOSE OF LICENSING 1 APPLICATION 2 CO.ORDINATION . 3 LICENCE CONDITIONS 3 REST
3、RICTIONS 3 TECHNICAL CONDITIONS 4 FEES 4 DURATION OF A LICENCE . 4 TRANSFER OF LICENCES . 5 INSPECTION AND CLOSE DOWN 5 REVOCATION . 6 ONE STOP SHOPPING OSS 6 ELECTRONIC LICENSING AND EXCHANGE OF FEES . 6 EU ACTIVITIES 7 CONCLUSIONS AND FURTHER WORK . 8 REFERENCES 8 ANNEX I EXAMPLE OF DECISION ON LI
4、CENSING EXEMPTION 9 STD-CEPT ERC REPORT bL-ENGL L998 E 2326434 0013551 700 E ERC REPORT 61 Page 1 REPORT ON HARMONISATION OF LICENSING 1 INTRODUCTION The aim of this Report is to give an overview of the licensing procedures that are applicable for the use of radio equipment or the use of frequencies
5、 in the CEPT. The Report will give proposals and guidelines which could be used by the administrations to simpli and streamline their licensing procedures so that they are transparent, licences are issued without unnecessary delay and licence conditions are limited to the essential ones. The Report
6、is intended to be the follow up of some of the policy goals of the CEPTERC and the ER0 licensing study in the area of licensing of radio which are: 0 To have a transparent, fair and simple licensing system. To require licences for the use.of radio only when this is necessary. 0 To study which terms
7、and conditions are necessary to attach to individual licences. 0 To study the common terms and conditions that should apply to all users of radio or certain categories of radio. 2 BACKGROUND Licensing in the context of this report means permission to use frequencies under certain conditions. However
8、 it should be noted that additional licences may also be required, for example operators of telecommunications networks may need a licence to offer that service. Licensing has long been treated as a purely national matter, but when equipment was introduced which could be taken across national border
9、s the need for Co-ordination, mutual recognition and harmonisation of licences arose. As part of the European Union (EU) programme for liberalisation and increased competition in the telecommunications sector, two Directives have been adopted which have implications for licensing policy. Further inf
10、ormation is given in section 16 below. With regard to the task of reviewing the licensing regimes for different categories of equipment as well as the individual licensing conditions this Report intends to be a further step in the direction of investigating possibilities for harmonisation. Work was
11、carried out in the ERC and led to various CEPT Recommendations and Decisions suggesting that a specific category of equipment should be exempt from an individual licence or be covered by a general licence. A Recommendation on a harmonised regime for exemption from individual licensing of radio equip
12、ment was adopted in 1995 (CEPTERCREC 01-07). This Recommendation lists the criteria on the basis of which administrations should decide to exempt categories of radio equipment. Based on that Recommendation, which remains in force, subsequently Decisions were approved - and will be approved in the fu
13、ture - covering additional equipment categories (see Annex I). 3 PURPOSE OF LICENSING The use of radio frequencies has to be carefully planned and authorized to ensure the provision of a sufficiently high standard of service, otherwise it can cause interference to other users. In particular, it is v
14、ital that emergency services, aircraft and shipping, be enabled to communicate sufficiently and successfully. Interference can also impair the success of businesses and prevent individuals from the enjoyment of radio and television programmes. Thus, it is clear that access to the frequency spectrum
15、needs to be controlled. Licences can be issued via many different methods. These methods can be devided broadly in two groups, administrative methods, like for instance first come, first served and market oriented methods, like for instance tender procedures. In some cases sufficient organisation of
16、 frequency use can be achieved by using general authorisations or licence exemption. In such cases it is not necessary to regulate the characteristics or use of individual pieces of STD-CEPT ERC REPORT bL-ENGL L99B 2326414 0013552 b47 ERC REPORT 61 Page 2 radio equipment. Furthermore, it is not nece
17、ssary to have any dialogue between the radio administration and the end user of the radio equipment. However that approach is not sufficient in many cases. Even though the frequency bands are harmonised and the radio systems standardised, more detailed administrative work may stili be required. Ther
18、e may be several reasons for this: For efficient “se of the spectrum and avoidance of interference it is necessary to plan the technical characteristics of certain stations and to set specific technical conditions and parameters for their use. The frequency used in a given location must be available
19、 for use by another user in a separate location without any interference being caused. To ensure that there is no overloading when the same channel needs to be assigned to more than one user in a given location. Radio transmitters are often concentrated in locations which are attractive because of g
20、eographical conditions, availability of antenna sites, etc. In such locations mutual interference through several different mechanisms may occur. There may be a need to set priorities to certain user categories. It may be necessary, for example, to prohibit the use of certain attractive frequency ba
21、nds for hobby purposes, or to allow only security services on certain other bands. Co-ordination with neighbouring countries has to take place. For these reasons, use of radio frequencies requires that the radio administration has direct regulatory contact with the user. In order to carry out these
22、tasks administrations issue radio licences. For some services, in addition to the radio licence a telecommunications or broadcasting licence is required, but these licences are not taken into account in this report. 4 APPLICATION Application for the radio licence will usually have to be made to the
23、appropriate authority. The type of service (land mobile, fixed etc.) will determine the extent and degree of information requested. There are differences in complexity of the requirements for different services. Application information should be easily available preferably by way of application form
24、s, which should be as simple as possible. In general the following information is required: Licensee information 0 Name and address and other contact details. 0 Billing address. 0 Contact person responsible for operation. Service information 0 Type of service. 0 Address or coordinates of base statio
25、n(s). 0 Coverage area. o Equipment configuration of network. 0 Other technical conditions as listed in section 8 below. The time taken for processing licence applications varies greatly between Administrations - often for no apparent reason. Delays may occur because of the need for international Co-
26、ordination but signatories to the Vienna Agreement (a Treaty on guidelines to be used for frequency Co-ordination between neighbouring countries) have to adhere to a timescale of three months for Co-ordination processes. The ER0 study on PMR and PAMR licensing also criticised the long time taken by
27、some administrations in processing licence applications for these services. STD.CEPT ERC REPORT bL-ENGL 1998 232b434 0033553 583 I ERC REPORT 61 Page 3 5 CO-ORDINATION Co-ordination procedures may be undertaken at international or national level in order to avoid interference between services. Inter
28、national Co-ordination may involve notification to the IT or procedures within multilatural agreements. National co-ordination will involve discussions with other services or users within an administration to ensure that their services, which might be allocated the same or adjacent bands, do not int
29、erfere with each other. 6 LICENCE CONDITIONS Licensing policy is generally covered by national laws and administrative procedures under the control of a government minister. In some administrations, licence issue has been delegated to agencies. If the intended usage is in line with the frequency usa
30、ge plan and frequencies are available, the licence will be issued. This licence will contain certain conditions which the licensee has to observe. As with the licence applications, here there are also differences in the complexity of the conditions. Apar from the licence conditions there may be rule
31、s that the users have to observe. There may be restrictions regarding the contents of communications, obligations for users with regard to distress calls or the secrecy of communications and/or limitations regarding the use of the equipment. Licence conditions are often standard texts which apply to
32、 particular licence categories. 7 RESTRICTIONS In principle, radio licences are issued, if enough frequencies are available. However, there are cases where administrations need to impose additional restrictions on the licensee. The reason for such restrictions may be based on legal constraints or on
33、 frequency management requirements but they should be kept to a minimum. Examples of restrictions are: Use of equipment confined to a geographical area or excluded from a particular geographical area. Connection to PSTN not allowed. Only plain language, no encoding. Use of equipment restricted to a
34、specific purpose. Use of equipment only with certificate of competence. Equipment may not be used in an aeroplane or ship. Who is entitled to use equipment. Power restrictions. ERC REPORT 61 Page 4 8 TECHNICAL CONDITIONS The technical conditions part of the licence is important for two main reasons:
35、 firstly it helps to identi use of a particular bit of equipment (a licence could give permission to operate in several different locations, but the technical information will identi each one separately); and secondly, it defmes the parameters within which the equipment is permitted to be used. This
36、 part of the licence documentation will be individually tailored to meet the requirements of the equipment covered by the licence. 1. Typically the conditions will detail (as applicable): Purpose, type of service and coverage area. Station location. ChanneVfrequency band of operation and bandwidth.
37、Antenna configuration and height of antenna above ground level. Maximum power permitted. Equipment conformance information. Emission code (based on ITU). Type of transmission and technology (e.g. TETRA, trunking). 2. For some services additional details will be necessary and examples of these are: S
38、elective signalling codes (CTCSS, DSC). Call sign or identification. Digitally coded squelch. Access arrangements to specific frequencies, and how authorised. Voice or data. Hours of operation. International requirements. Connection to PSTN. 9 FEES Payment is required as a condition for the licence.
39、 Fee structures differ from Administration to Administration. In some cases fee structures are based on the principle that costs made by the Administration for frequency management should be recovered from the licensee. In other cases there is no relation between the fees and the cost of frequency m
40、anagement or fees are used to influence the behaviour of future licensees. In all cases, however, fee structures should be transparent and information about the actual fees should be made publicly available. (See CEPT ERC Report 53 of 1998). 10 DURATION OF A LICENCE When determining the duration of
41、a licence several factors have to be considered such as: 0 Future changes in the use of radio spectrum. The period of time during which the equipment is intended to be used. 0 The technical development to be expected. 0 The time required in order to achieve a reasonable financial return from the equ
42、ipment. Broadcast and mobile telecommunications networks may require different time limits based on national broadcast and telecommunication regulations. When considering the issuing of licences their terms of validity will need to take account of factors concerning the type of service offered by th
43、e licensee such as: If it is a new service the operator will require time to set up the network and make it competitive; 0 For some services, when plans for changes to frequency bands or technologies are known, licence duration will need to take account of the changeover; 0 Short term or temporary l
44、icences may be issued for the use of equipment at special events or for trial purposes. Theoretically, licences of unlimited duration could be issued, but this could cause problems since it would be difficult to withdraw the licence in the future if the service could no longer be authorised. Therefo
45、re this procedure would rarely be used. 11 TRANSFER OF LICENCES Many administrations do not permit transfer of licences. This is because the format of a licence is such that it is a “permission“ from the Regulator authorising the licensee to carry out a defined operation under the specific terms set
46、 out in the licence. The regulator needs to know where radio equipment is being used, and by whom. This is necessary in case there are any problems of interference, which need to be resolved. However, there are cases when licensees may no longer be carrying out the operation for which they were lice
47、nsed. In such cases the usual procedure is that they notifj the regulator who can then transfer the licence to any successor operator, subject to them being suitable to hold a licence, showing the change of licensee details but without having to undertake more detailed technical checks. Since the pr
48、ocedure is similar to the original issue of a licence, some administrations prefer to treat this as a new licence issue. 12 INSPECTION AND CLOSE DOWN Licensing policies and legislation of administrations contain provisions for enforcement of the legislation including inspection and close down. Inspe
49、ction There are certain reasons for carrying out inspections which may originate from enquiries by users or as part of a workplan: 0 Suspicion or evidence of transgressing the law. 0 To verify compliance with licence conditions. o To protect all authorised spectrum users from harmful interference. o To carry out the administrations policy of frequency management. The legal powers for inspection may not be solely related to radiocommunication but can also be connected with other administrative, civil and criminal laws. Inspection procedures are carried out so as to avoid potential
