The English pdf version of the proposed radio spectrum decision, based on Article 114 TFEU on approximation (harmonisation) of laws:
Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the first radio spectrum policy programme; Brussels, 20.9.2010 COM(2010) 471 final (20 pages)
Wireless single market etc.
Improved use of scarce radio frequencies is key to new and better wireless broadband services, in line with the growth, competitivensess and employment objectives of the Europe 2020 strategy (EU2020) and the Digital Agenda for Europe.
According to the Commission the first multiannual RSPP runs until 2015 and it is intended to serve a number of aims, among which:
The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport and energy.
Aim and main principles
The first two Articles of the proposed decision express the Commission's view of the aim and the guiding principles:
Article 1These Articles are followed by provisions about specific policy objectives.
This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.
Application of general regulatory principles
Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;
(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;
(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;
(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.