Chapter 10, November 17 th Electronic Communications.

Chapter 10, November 17th

Electronic Communications

Topics1. Digital Agenda and Iceland2. Icelandic Legislation Transposing the eCommunications Framework3. Electronics Communications Framework4. Radio Spectrum Policy5. Other legislation

• Participation in the HLG and the Digital Agenda program• eNation – Information Society Policy Plan• Communications Policy Plan • Seven Action Areas of Digital Agenda

– A vibrant digital single market– Interoperability and standards– Trust and security– Fast and ultrafast internet access– Research and innovation– Enhancing digital literacy, skills and inclusion– ICT-enabled benefits for EU society

Digital Agenda - Iceland

Digital Agenda (2)Digital Agenda - Seven program areas• A vibrant digital single market

– Market as fragmented in Iceland as in EU– Distance to markets a factor– Administrative hurdles but many initiatives in the past e.g. EDI initiatives– eNation the eGovernment initiative of the Icelandic Government– DA gives an opportunity to address this in more comprehensive manner

especially as regards actions across borders• Interoperability and standards

– Subject in the communications policy plan– Committee working on Interoperability Framework for Iceland– Participation in EU programs

Digital Agenda (3)Digital Agenda – The Seven Program Areas• Trust and security

– Managed to handle safety security problems so far– Iceland participates in ENISA– The government has decided to establish national CERT response team – Participation in multinational drills– Participation in the SAFT programme– PTA maintains websites on safety and security matters– Further actions to be proposed in the Communications Policy Plan

Digital Agenda (4)Digital Agenda – The Seven Program Areas• Fast and ultrafast internet access

• Estimate 0,5 – 1,5% market failure• Every household in Iceland can have at least 2 Mbps • Encourage investment in NGA• Communications Policy Plan preparation• 12 year – need for capacity in 2022• Cooperation, facilitate investment, allocation of spectrum• Market failure??• Funds and supports

• Communication COM (2010) 472 : investing in digitally driven growth

• Iceland has a national communications policy• Telecommunications fund• Developing communications plan

Broadband for all

Digital Agenda (5)Digital Agenda – The Seven Program Areas• Research and innovation

• Public private partnerships• Enhancing digital literacy, skills and inclusion

• eEducation program• High computer literacy • eInclusion – elderly, lower income, disabilities

• ICT-enabled benefits for EU society• Environment initiatives

– Addressed in the Communications Policy Plan work.• The formulation of the policy on the information society and eGovernment and its

implementation is coordinated by the Prime Minister's Office• Intelligent transport systems

– SESAR, eMarine, • Participate in the CIP program

Digital Agenda (6)

Digital Agenda• Commission Recommendation C(2010) 6223 on regulated

access to NGA– New – the NRA will take due notice

• Proposal for a Decision 2010/0252 (COD) establishing the first radio spectrum policy– Being followed in the EFTA process

Electronic Communications Framework

Current Icelandic Legislation• The Electronic Communications Act 81/2003• The Postal and Telecommunications Administration Act 69/2003• Icelandic Regulations

– Implement relevant parts of the framework

• Recommendations– Due notice in the NRA decisions

• The Icelandic Frequency Table– Published on the NRA website, copy on ERO website

Electronic Communications Framework (2)

The current EEA relevant EU regulatory framework:• The EU legal electonic communications framework transposed

into Icelandic legislation– Except the ones still in the EFTA process

– Few exceptions, .eu regulation and MMS decision not considered EEA relevant

• The new package is not transposed into Icelandic legislation– The package not adopted into the EEA agreement

– Adaptation needed for the regulation on BEREC

– The work to transpose the directives into Icelandic legal framwork has begun

– A law proposal to be ready in early spring• Pending the package is adopted into the EEA agreement

Electronic Communications Framework (3)

• Directive 2002/77/EC on competition– Cooperation between the NRA and competition

• NRA independence– The director appointed for a fixed 5 year term at a time

• Salaries and terms decided by independent committee

– Provisions of the government employee act apply to the appointment

• Cannot be expelled unless a serious breach of the act can be established.

– The provisions of the framework directive apply to the NRA’s finances

– No interference by the Ministry of day to day operations.

Electronic Communications Framework (4)

Amended provisions of the framework directive 2002/21/EC• Appeal proceedings

– Appeal committee on post and telecommunications decisions

– Appeal process mechanism effecive and in a timely manner.

• Exclusive rights– None exclusive right granted except for licences for frequencies

and number ranges

• Art. 7 procedures– Notified to ESA

– No rejections by ESA

Revised Electronic Communications Framework (5)

Amended provisions of the framework directive 2002/21/EC• Facility Sharing

– General provision in the Telecommunications Law dealing with colocations of equipment and facility sharing, cf art. 25.

– However this has been elaborated in more detail in market analysis decisions and subsequent remedies imposed on the incumbent.

• Net neutrality principles– This principle is seen to be more decisively exercised in future

market analysis decisions in connection with remedies.

Revised Electronic Communications Framework (6)

Amended provisions of the Authorization Directive 2002/20/EC• Law proposal implementing the amendments ready

– Awaits inclusion of the package into the EEA agreementAmended provisions of the Access Directive 2002/19/EC• Price Control• Cost Accounting Oblications• Functional and Voluntary Separation• Conditional Access ServicesThis is currently in the process of transposition expected to passed in the

spring session of the parliament

Revised Electronic Communications Framework (7)

Amended provisions of the Universal Service Directive 2002/22/EC• Universal Service Obligations

– review for the need of adjustment as regards the current USO obligation• End User Interests and Rights

– Mostly inplemented in secondary law issued by the NRA

Amended provisions of the Directive on Privacy 2002/58/EC• Personal data breach notification,• Spam• Confidentiality• Traffic Data ProcessingIs being transposed into Icelandic legislation – no difficulties foreseen in

complying

Revised Electronic Communications Framework (8)

Decision 2009/449 EC selecting operators providing MSSDecision 626/2008/EC selection ... Providing MSS• Not considered EEA relevant• EU wide licence does not extend to Iceland

Issue that requires specific negotiations – eCommunications

Regulation 717/2007 on roaming• Article 1 includes the following text: Where charges governed by Articles 3

and 4 are denominated in other currencies, the initial limits pursuant to those Articles shall be determined in those currencies by applying the reference exchange rates prevailing on 30 June 2007, as published by the European Central Bank in the Official Journal of the European Union.

• Currency exchange restrictions imposed on the Icelandic Krona• The European Central Bank meanwhile does not register the

exchange rate of the Krona• In the Joint Committee Decison on incorporating the regulation

into the EEA agreement there is an adaptation allowing to use the exchange rates published by the Icelandic Central Bank

Electronic Communications Framework (9)

Measures aiming at delivering fast and ultra fast broadband• Who is deploying the fibre (6% connections)

– Gagnaveitan and Vodafone deploy fibre local loop installations– The incumbent uses fibre mostly for backhaul

• If incumbent – mandatory access for competitors– The current market 11 analysis only deals with copper local loops– Market 12 bitstream technically neutral

• Measures to foster fast broadband development?– Positive articles in the proposal to amend the communications act to

encourage investments in market decision of PTA

Electronic Communications Framework (10)

• Regulation of submarine cables– Not regulated

• Control of landing of cables– Farice, eFarice and the incument provide submarine cable services

– Landing not controlled by the incumbent• Incumbent carries the traffic from the landing site to the destination• Recently a new choice of provider of fiberservice from the landing site

emerged

Radio Spectrum Policy

Proposal for five year radio spectrum policy programme

Radio Spectrum in Iceland• Limited scarsity• Technical standards benefits

Radio Spectrum Policy (2)

Digital Dividend• Digital Switchover

– Frequency availability not a serious concern– Committee by the Ministry of Education and Culture

• Decision 2010/267 on harmonization of 790-862 MHz– The 790-862 band more or less free for redistribution

Radio Spectrum Policy (3)

Other Decisions• Decision 2009/766/EC and Directive 2009/114/EC on

ensuring the use of 900 and 1800 MHz for other systems than GSM particularily UMTS– All major mobile services providers have both bands in use.

• Limited or no distortions to competition– Both bands available for UMTS usages (no legal obstacles)

• Other Decisions • Policy to comply with all EU frequency allocation decisions

– No need for excemptions or adaptations has been identified except for 2008/477/EC on 2500 – 2690 MHz

Issue that requires specific negotiation: eCommunications

Community Decision 2008/477/EC on spectrum 2500-2690 MHz• The Spectrum in use for Digital Televison Broadcasting• Considerable investment of households on antennas and

equipments• No immediate demand for the band for other services• Current licence up for a renewal, request for extension expected

• Some flexibility in the decision but ensurance needed on

possible extention.

Radio Spectrum Policy (4)

Other decisions on frequency allocation• On board vessels• Safety related applications of ITS

Directive 98/84/EC

Directive on Conditional Access• This has not yet been implemented• The Ministry foresees that this directive can be incorporated in

the telecommunications act in the relevant chapter dealing with end user equipment before july 2011

Directive 98/48/EC

Directive on Notification• Implemented by:

– Act No. 57/2000 on the exchange of information services concerning technical regulations on products and information services

– Regulation No. 733 of 4 October 2000 on the notification of technical regulations on products and information society services

Other Legislation (1)

Regulation 2002/733/EC ... On the implementation of the .eu top level domain

• Not EEA relevant• Not seen as a problem

Regulation 874/2004 .... Of the .eu Top Level Domain• Not EEA relevant• Not seen as a problem

Commission Decision 2006/291/EC ... (Euratom) on the re-use of Commission information

• Not EEA relevant

Other Legislation (2)

Directive 2003/98/EC ... on the re-use of public sector information• Implemented by Act No. 161/2006 amending the Information Act

No. 50/1996, with subsequent amendments (Chapter VIII)

Directive 1999/93/EC ... On a community framework for electronic signatures

• Implemented by the Merchants and Trade Act No 28/2001 on electronic signatures

Commission Recommendation 2008/594/EC on cross-border interoperability of electronic health record systems

• Not EEA relevant• Icelandic e-health record system takes account of Commission

recommendations