§ The Earl of Northeskasked Her Majesty's Government:
What conclusions were reached at the recent European Telecommunications Council meeting in Luxembourg with respect to (a) the powers of the European Commission over national telecoms regulators; (b) 3G (third generation); and(c) future allocation of spectrum licences in Europe. [HL1777]
§ The Minister for Science, Department of Trade and Industry (Lord Sainsbury of Turville)The Transport and Telecommunications Council concluded that the Commission should be able to delay a measure proposed by a national regulatory authority for a period of one month during which it could make public a detailed opinion stating why it considered the measure to be incompatible with Community law and, in particular, the objectives referred to in Article 7 of the proposal for a Directive on a common regulatory framework for electronic communications networks and services. Since undertakings will be able to appeal against such measures under Article 4 of the Directive and the Commission's powers to take infringement proceedings under the Treaty will be unaffected, the Government believe that this should act as a powerful incentive to national regulatory authorities to act appropriately and strikes the right balance between flexibility for appropriate regulatory intervention and consistency of application across the Community for undertakings.
The Council also welcomed the conclusion of the Stockholm Summit that the Commission work together with the Council towards a supportive policy framework for third-generation mobile communications within the Union, including agreement on a regulatory framework for radio spectrum policy as well as broadband networks, and that the Commission be invited to examine the effect of third-generation licensing on European competitiveness and the advancement of the ICT field.