COUNCIL RESOLUTION of 7 December 1993 on the introduction of satellite personal communication services in the Community (93/C 339/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Green Paper of 30 June 1987 on the development of the common market for telecommunications services and equipment,

Having regard to the Green Paper of 29 November 1990 on a common approach in the field of satellite communications in the European Community,

Whereas the Green Paper on a common approach proposed a future-oriented structure for the development of satellite communications in the European Community by outlining a framework of Community legal measures and actions; whereas, the Council resolution of 19 December 1991 on the development of the common market for satellite communications services and equipment (1) gave support to the general goals set out in the Commission's Green Paper;

Whereas, based on further Commission proposals, the Council has adopted Directive 93/97/EEC of 29 October 1993 supplementing Directive 91/263/EEC concerning satellite earth station equipment (2);

Whereas the Commission communication of 23 September 1992 on the European Community and space underlines the importance of a Community contribution to the European space effort by helping to establish the appropriate conditions for the development of space applications markets and a competitive European space industry; whereas that communication emphasizes the need for appropriate regulatory conditions allowing the development of new markets for satellite communications services and the need to encourage a competitive European space industry and promote its interests at international level;

Whereas the planned introduction of satellite personal communications networks and services on a global scale will play a role in the development of telecommunications services in the Community in general and in that of satellite and mobile services in particular, as well as in the development of the Community's space and telecommunications equipment and services industries;

Whereas it is becoming increasingly evident that the types of service which are envisaged give rise to a range of policy issues relating to the Community's telecommunications, trade, regional development and space policies; whereas, therefore, the introduction of these services merits early consideration;

Whereas the Community's telecommunications policy in general and the satellite communications policy in particular underline the need for competitive provision of services, in line with the rules on competition laid down in the Treaty; whereas the dichotomy of competitive service provision and limited availability of frequency resources will need careful consideration in any proposed introduction scenario;

Whereas the global dimension of these systems and their role in providing personal mobile telecommunications services as well as the related global regulatory structure under which they are provided should play an important part in the political considerations for the establishment of a Community policy; whereas the global regulatory framework under which these systems will have to operate is strategically and politically one of the most crucial aspects to be considered,

RECOGNIZES:

1. the importance of the planned use of satellites for personal communications, and of the opportunities this may offer for European industry, service providers, and users;

2. the global characteristics of satellite personal communications services, in particular if provided through non-geostationary satellite systems, and the need to clarify their particular characteristics as they affect the European and international regulatory regimes;

3. the challenge for the Community to develop a forward-looking regulatory framework which allows the introduction of satellite personal communications services, taking full account of the global nature of these systems, and the desirability of coordinated action;

NOTING:

- that the advantages of satellite personal communications may be extended to a vast range of potential users, in particular to those who do not have access to established services, including users in regions with a less-developed telecommunications infrastructure,

- noting also that any policy in this area may concern all the European conference of postal and telecommunications administrations (CEPT) authorities, including those of central and eastern Europe;

THEREFORE STRESSES:

the importance of developing a Community policy with regard to satellite personal communications that will build on existing policies regarding telecommunications, in particular satellite communications, and on future policy on mobile communications based on the Green Paper on the subject and, if necessary, on regional development and trade policies in general;

INVITES THE MEMBER STATES:

to make efforts towards developing as soon as possible a Community policy concerning satellite personal communications, and a coordinated position, in particular within the context of international organizations, such as the International Telecommunications Union (ITU), and in relation to third countries;

AND INVITES THE COMMISSION:

1. to investigate the significance of satellite personal communications in the formulation of Community policies for telecommunications, space, trade, industry and regional development;

2. to define, in collaboration with Member States, an effective joint policy on those systems, with the cooperation, where appropriate, of the European Space Agency (ESA) in order to improve the competitive position of the European space and related telecommunications industries so as to enable operators, service providers, industry and users to participate in a global, open market in satellite personal communications, in accordance with Community law and the general guidelines laid down in the said Council resolution of 19 December 1991;

3. to continue to monitor closely international developments, particularly in this respect the regulatory proceedings outside the Community and to consult, where appropriate, with non-Community countries on the coordinated introduction of these systems at a global level;

4. to reinforce its cooperation with European Telecommunications Standards Institute (ETSI), European Radiocommunications Committee (ERC) and European Committee for Telecommunications Regulatory Matters (Ectra) in examining the related standardization, radio frequency and licensing issues respectively;

5. to set up as part of the consultation process a platform for strategic discussions among all interested parties;

6. to report regularly on developments in this area, in particular the granting of licences and any other matters affecting trade in services, and, where necessary, propose appropriate measures and/or actions.

(1) OJ No C 8, 14. 1. 1992, p. 1.

(2) OJ No L 290, 24. 11. 1993, p. 1.