36th WGRR Meeting 3-7 February 2003, Copenhagen , Denmark

1. Report from EFIS Maintenance Group

A presentation was made on the current work being carried out to EFIS, the ERO Frequency Information System. In 1997, an ERC Decision was made to publish National Frequency Tables, and the collection of this information is currently being centralised at the ERO in EFIS. However it was pointed out that Administrations are responsible for the maintenance of their own information. EFIS has the advantage of providing search and comparison functions for users, allowing international operators to make comparisons of frequencies used across member countries. The system is open to public use and is popular with industry and other organisations in the US and Japan . Information uploaded on to EFIS will be available for use within hours of putting the information on the system. The EFIS Maintenance Group is currently involved in the maintenance of the system and, in particular, standardisation of terminology.

As far as future work is concerned, the last WGFM, in Dublin , decided that Interface Regulations (under the R&TTE Directive) could be incorporated into EFIS.

It was emphasised that all Administrations are welcome to participate in the EFIS Maintenance Group.

EFIS could be used to help with the harmonisation and implementation of EU Directives. Administrations are to note that EFIS can be accessed directly from the front page of the ERO website. It is hoped that the system should provide all the information required by users and manufacturers for their day to day operations.

2 CONFORMITY ASSESSMENT MATTERS

2.1 Ultra Wide Band (UWB) Devices

A report on the recent ITU-R TG1/8 meeting was presented giving a useful information as to how the discussions in CEPT fitted against other discussions ongoing elsewhere in the world. It is clear that equipment using UWB technologies will be entering the market before many of the international studies have been completed. Concerns had been raised about the affects of the introduction of UWB and the affects on ITU RR 5.340. That could only be addressed at a WRC and would be unlikely to happen before 2007.

2.1.a ITU RR 5.340 RAS/FSS

The Netherlands introduced a document in which they identified particular problems for radioastronomy services because of a frequency allocation for the fixed satellite service above 10.7GHz. ITURR footnote RR 5.340 applies to the radioastronomy band directly below but had obviously been overlooked when deciding on the FSS allocation (or when deciding on the RAS allocation, whichever was first). From the technical point of view this has lead to an impossible situation where footnote RR 5.340 is applicable. In discussion it was noted that this is a “regulatory” issue, but it is not clear whether or not it falls within the responsibilities of WGRR, or another part of the ECC family, nor what action WGRR could take. The Chairman agreed to seek advice from the ECC.

2.2 Automotive Radar Devices at 24 GHz

A document was introduced on the subject of short range Radars, including correspondence relating to many developments since the previous WGRR meeting. The WGFM SRD MG had become involved in developing proposals for the introduction of automotive radars and, although most discussions currently related to frequency allocation there are also regulatory aspects that are of concern to WGRR. In particular, the automotive industry maintain that they are not yet able to develop equipment which could use the allocation at 77GHz and in order to speedily introduce the equipment wish to use equipment which is in use in the US operating at 24GHz. The suggestion is that this will be an interim measure until equipment at an alternative frequency is available.

The expectation is that the equipment will operate on a licence exempt basis and WGRR is requested to give advice to SRD MG and WGFM as to the regulatory implications of such a procedure.

The SRD MG chairman outlined recent developments and explained that WGSE project teams had carried out some compatibility studies, if the interim procedure was adopted; only new cars would be fitted with the equipment and that the interim period is expected to last for some 10 years. The equipment would only be fitted to 10% of the relevant market – likely to be luxury cars. Information about this would be maintained on a database kept by manufacturers of the number of all new cars entering the market.

In discussion a number of issues were raised, in particular relating to the potential interference likely to be caused to other services operating at or around 24 GHz if the proposal goes ahead. There were also discussions about the difficulties likely to result in trying to enforce the “10%” penetration, as well as problems in ensuring that the interim solution would no longer be used at the end of the prescribed interim period.

WGRR have concerns from an enforcement point of view, as well as doubts as to how an interim solution might be implemented in any national regulations. WGRR looked forwards to continuing to liase with the SRD MG as they continued their consideration of this subject.

2.3 Report of SRD/MG

The SRD-MG was asked to report to TCAM with regards to the re-classification of SRD equipment. They informed TCAM of the frequency bands that were now fully harmonised and gave a list of those frequency bands that were nearly harmonised. For those frequency bands that were nearly harmonised, Administrations would be encouraged to complete the necessary measures for harmonisation. The results will be included in a list and in the EFIS programme as agreed by the European Commission.

The Commission informed that they had put the nearly harmonised bands in Class 2. A link would be provided through the Commission web site to EFIS, allowing users to view the list of frequencies under each banner.

The SRD MG had also completed a revised Annex 3 to Recommendation 70-03.

2.4 Class 1 Equipment

The RR9 Chairman informed the group that CB and PMR 446 were the only candidates that might qualify to be classed as Class 1 equipment. This was based on information collected by ERO which was further updated during the meeting. A reply should be sent to the Commission before the next TCAM meeting, explaining the current state of play and that more time was needed to finalise the subject.

3. MARITIME WORK ISSUES

3.1 Report of RR2

There had not been an RR2 meeting since the last WGRR meeting. The next RR2 meeting will be held in Rome . A document has been issued to the next STW meeting, suggesting that the IMO model-training course is being updated. ERO has provided a list of issues that will need to be looked at in WRC-03. Recently, there has been some controversy regarding whether MMSI numbers should be given to aircraft for rescues at sea. This is being discussed at the IMO meeting in January. So far, there has been no clear consensus as to which direction to take in this matter.

3.2 Certification of Seafarers

A response has been received from the Commission to the letter from WGRR about discrepancies between EU Directives and ERC Decisions on this matter. This would be considered further at IMO STW meeting shortly.

4.1 CPG and CPG PT4 Report

A brief update was given. Important to note that we are now in the final stage of the CPG work. A final meeting is scheduled for late April, early May, with the main aim to approve CEPT briefs and do a final check on how to co-ordinate the work in preparation for the WRC meeting. It has been found that maritime issues are easier to agree on than HF issues, therefore a CPG PT4 meeting to discuss HF issues was held separately in January.

4.2 Maritime Issues

With regards to Maritime issues, the ECPs were finalised, and the documents were put forward to the CPG for final approval.

4.3 Amateur Issues

Still difficulties of realignment around 7MHz, producing a lot of work for PT4.

5 WORK ITEMS ON LICENSING & FREE CIRCULATION

5.1 Report to RR6

A questionnaire to Administrations was drafted in order to obtain more information on the subject of developing ideas for lighter licensing regimes in Europe . The aim was to help the different Administrations understand what the concept of light licensing is, and the results of the work would assist understanding as well as harmonised implementation of the policy in national regulations and licensing regimes. Revision of ERC Report 61 had begun. It was agreed to delete the item “to harmonise and enable provisions authorisations” from the work programme, since information had not been provided in order to progress the work.. The next meeting will take place on 11-12 March 2003.

A separate meeting on amateur issues will be held on 8-9 May 2003 to further discuss how to implement the changes to current CEPT Recommendations e.g. Morse code requirements in a harmonised way amongst Administrations.

5.2 Draft ECC Decision on exemption from Licensing of VSATs in the frequency band 14.25 – 14.50 GHz Earth-to-space

Although some Administrations had fixed links in this band, it should not preclude the Decision being made. In discussion some minor amendments were made. The draft Decision will go through the procedures for consultation.

5.3 Electronic Licensing

The Third ECC meeting accepted the proposals of RR6 on the areas of electronic payment, electronic signatures etc for further work and there is a proposal that a separate meeting will be held to discuss these issues. It was agreed work would continue with a view to developing an  ECC report on the subject.

5.4 List of licensing contacts

There is a fairly complete list now but any amendments should be forwarded to the secretary Mr Milton and the list will be amended at ERO.

6 EU MATTERS

6.1 Spectrum Decision, Radio Spectrum Committee

The Spectrum Committee topics included RLANs, and looking for more ways to harmonise 5GHz, which currently is not very widely implemented across Europe and is implemented using many different approaches. The Committee had also discussed future use of ERMES spectrum and frequency allocations for automotive radar.

The next meeting of the Radio Spectrum Committee is scheduled to take place on 5 March. The Radio Spectrum Policy Group had met on 18 January and their next meeting would be in May.

6.2 TCAM

Around 20 notifications about safeguards had been received from Member States. 5 safeguard clauses from Sweden are nearly finalised and will be justified by means of Commission Decisions.

Recently, Member States were informed to notify non-CE marked products. But now legal services had re-considered and advised that the safeguard clauses in RTTE shall be treated in the same way as notifications in other Directives. The end result will presumably be that non-CE marked products only shall be sent to the Commission (and saved on CIRCA) for the purpose of informing other Member States. The Commission will produce a document for the next TCAM in March 2003 explaining the future procedure.

At the last TCAM meeting, discussions were held concerning information from the SRD-MG about item information for Class 1 and Class 2 equipment. It was agreed that when all actions were received the template on the ERO web-site will be updated.

It was agreed at TCAM that not enough information appears to be available for manufacturers and importers with regard to R&TTE provisions. It was decided that an ad hoc Group would be set up to develop guidelines and produce new user-friendly guidance for the R&TTE Directive. The outcome of this is due to be accepted at TCAM 14 in September 2003.

A discussion was held at the TCAM meeting about possible duplication between the two Committees TCAM and the Radio Spectrum Committee, as some Member States had expressed concern that there were two groups, which in some cases were dealing with the same issues. It was agreed that in case of any problem, the Member State concerned should inform the Commission Services. The Services will look into the problem and find out where it can be best treated. However, it cannot be avoided that the two groups will discuss the same matter but from a different perspective.

The TCAM Meeting also discussed the issue of cordless phones and what information the manufacturers should provide to the users about the withdrawal of products from the market because of changes in frequency allocation. Members of the meeting decided that the list of information should provide details of the putting into service and the use, but not the placing on the market.

The question relating to maritime equipment, about the UK case had been discussed. The hand portable does not fulfil the GMDSS Decision requirements. It was decided that, due to complaints from some Member States, the issue would be discussed at the next TCAM in March;  and that a discussion with the UK authorities needed to be held in advance, e.g. to agree on a transitional period for the withdrawal of the equipment from the market.

The conflict between the R&TTE Directive and the automotive Directive has been discussed for a long time in TCAM. Car products must be type approved in accordance with the automotive Directive. However, there is a problem because the telecommunications industry finds that the automotive industry should accept products with CE marks. A meeting with both industries and the Commission Services will discuss these matters in March.

Member States had expressed concern about the time scale proposed in the draft mandates for the completion of standards for UWB. In TCAM there was support for the mandate. However when discussed in the Standardisation Committee concerns were received from various players. It was agreed that the time-scale was postponed until 2004 and the matter should again be discussed in TCAM. At that time further results of compatibility work from CEPT would be available.

Many candidate countries had already implemented the R&TTE Directive; only a few countries are pending.

The topic of installations was discussed at the meeting, and has been discussed at the last three TCAM Meetings. The R&TTE Directive does not describe installation and the Commission want a harmonised understanding of the issue. It was decided to use the same provisions as in the draft EMC Directive. It was agreed that legal services before next TCAM should look at the conclusions in the document to check if the spirit of the R&TTE Directive is followed.

On the issue of class 1 and class 2 equipment, it was discussed if the manufacturer in accordance with article 6.3 shall give information where the equipment can be used. The Commission side do not consider it is  proportionate if e.g.  GSM manufacturers shall list all countries where it is to be used. It was decided that Legal Service should evaluate if the position of the Commission is in line with the provision.

TCAM/ADCO is continuing to work on the guidelines on how to judge and record levels of compliance and sanctions to be taken against wrong equipment. There were concerns about the use of the term ‘judgement’ and it was proposed that a more suitable expression to illustrate the process would be sought.

The matter of 5GHz was discussed at TCAM, but introduced by a document from the DG Information Society. Member States were encouraged when implementing 5GHz to use the Decision ERC (99)23, and in an informative annex/part implementing the Guidelines developed by SRD MG. The Chairman said that if Member States refer to the ERC Decision and SRD-MG guidance, then they must have actually implemented the Decision in their legislation.

7. WORK OF PT5

7.1 Report from PT5 Chairman

PT5 discussed the development of software requirements in order to develop definitive common application form for satellite “One Stop Shop” – which has received ECC approval. In developing software requirements, PT5 will decide whether to make changes or not and will report to the next ECC meeting. A review had been undertaken on a number of issues from CSI report; some were concluded: one still remaining is light licensing regimes for satellite systems. PT5 concluded that since some information is due to change this summer caused by a new EU regime, that they would wait for modifications until after July.

PT5 noted ECC TG1’s proposal for new ECC structure. It is hoped that some extra experts from the previous ECTRA side of the ECC will attend future Working Group RA meetings.

7.2 Request for guidance on modifying ECC Decisions

New developments in technology meant that some of the equipment covered in the Decision (00)04 would be able to operate at different power levels, but that would not be permitted under the Decision. PT5 asked if it would be possible to modify the Decision. The current procedures would not permit this and a new Decision would be needed, however it was noted that this might result in confusion. WGRR suggested putting the problem to the ECC with the examples mentioned.

8 MATTERS CONCERNING RADIO FEES AND CHARGES

8.1 Report of RR8

A report was made on the work of RR8. The question of fees for military use was raised at RR8 and a discussion was held about the practice in various Administrations.

RR8 took a final look at the questionnaire on fees for short term events. The Danish administration is looking at secondary trading and wished to find out what other Administrations are doing with regards to this issue.

It was decided to draft a questionnaire on how radio Administrations are financed. There was a requirement by the group to find out how responsibilities are split between the different entities, what the costs and income is for each entity. The questionnaire is due to be finalised at the next RR8 meeting. WGRR was asked to consider the draft questionnaire so that advice could be provided to RR8. In discussion a number of questions were asked for clarification.

RR8 had also discussed their work programme for the coming months. In relation to the work item on fees RR8 had looked at the ITU D questionnaire on fees. However due to a limited number of responses; the deadline had been extended to mid February. RR8 will look at this again when the results are available. A study of Auctions and Beauty contests was briefly discussed at RR8, however it was decided to return to the issue when the regulatory context is more appropriate, later in the year. The next RR8 meeting will be held on the 2nd and 3rd of April at the ERO in Copenhagen .

8.2 Questionnaire on fees for special events

A questionnaire on fees and short-term events was sent to administrations. RR8 decided that there would be two outputs from the questionnaire: a brief overview on fees for short term events; and a separate document on national prices. RR8 hoped to be able to forward results to RR11 in April and therefore needed to receive answers from  Administrations by the 1st March.

9 ENFORCEMENT

9.1 Report of RR11

The RR11 Chairman introduced a report on the work of RR11. They continued to liase closely with ADCO and the joint market surveillance campaign was progressing well; some 22 countries were participating and results would be expected soon after the end of the campaign in September 2003. ADCO was also developing guidance about whether or not equipment was compliant with a number of EU Directives, and this could assist market surveillance authorities.

Work continued on drafting the amended ECC Report on special events.

An initial draft had been produced of a report related to training of enforcement staff. In the light of discussions about this in this WGRR meeting, RR11 would consider the status of the final version of the document.

RR11, with assistance from ERO, are developing information about the use of outdoor RLANs (ORLANs.). Although this is a problem in a number of European countries, it was considered that it would be useful to have some publicly available information about use of this equipment. A draft text was briefly discussed in WGRR and referred back to RR11; SRD MG should also be consulted before the document was finalised.

9.2 Draft ECC report on unlicensed broadcasting

A presentation was given based on a survey undertaken in RR11 to determine the level of unlicensed FM broadcasting in the CEPT member countries. A web-based survey was carried out and replies were received from 20 Administrations. The survey reported that 10 of these Administrations reported unlicensed activities. In discussion, a number of Administrations thought the statistics and findings presented in the survey were incorrect. A drafting group was formed and some guidelines were drawn up to assist  RR11 to progress this issue.

9.3 Draft recommendations forbidding the placing on the market and use of GSM Jammers

A draft CEPT Recommendation on GSM Jammers was presented with regard to forbidding the placing on the market and the use of GSM Jammers in CEPT member countries. Following discussion, a revised text was drafted and agreed at the meeting. It will be processed as an ECC Recommendation by ERO.

The Belgian Administration made some reservations about the absence of clear definitions in the recommendation that could lead to different interpretations. Therefore the Belgian administration propose to include a better definition of GSM Jammers. Furthermore, the Belgian Administration recommends to enlarge the scope of the recommendation to all Jammers (Tetra, GPS, etc.).This will be put forward at the next RR11 meeting.

The German Administration have objections concerning the mention of “sophisticated, selective and intelligent devices”. The recommendation should be limited on GSM Jammers, which should be forbidden. The document was amended and will be put to public consultation.

10. RADIO AMATEURS

10.1 CITEL application to join T/R61-01

In 2001 ERC had received a request from CITEL to come to an agreement on the use of radio amateur equipment by CITEL members in CEPT countries and vice versa. A draft MOU has been received by ERO in November 2002 and the comments were forwarded to CITEL in December 2002 concerning the issue.

10.2 Possible Revision of CEPT Recommendations T/R 61-01 and T/R61-02as a result of WRC-03.

RR6 took up the necessary work in the respect of CEPT harmonisation as requested.

11. IMPLEMENTATION OF ECC DECISIONS

11.1 Implementation of ECC Decisions

ERO presented some charts showing the progress with implementation of RR related ECC/ERC decisions. The charts show changes from the beginning of the exercise in May 2002, until January 2003. A lot of progress had been made by Administrations,

12. RR WORK PROGRAMME

A revised version of the work programme will be submitted to ECC for approval.

13 ANY OTHER BUSINESS

13.1 Vice Chairman Vacancy

The Luxembourg Administration nominated Mr John Larsen as a candidate for the post. Mr Larsen was appointed as second Vice Chairman as from this meeting.

13.2 Information about CB and PMR 446

Information on the national regulations for CB for CEPT member countries, as well as information on the national implementation of ERC Decisions (98) 25, 26 and 27 on PMR 446 was presented.

13.3 ERO/ETO Regulatory Work Programme

The ERO/ETO Work Programme was discussed at the AC in November 2002, where it was then proposed that the document be put to the WGRR at the next meeting for comments. The document gives an overview of the key objectives and related tasks that the ERO is carrying out for the WGRR. ERO asked that administrations provide comments on the proposal of the work to be done to the ERO by the 14th March 2003 .

A few points were made at the meeting, which ERO will take into account.

13.4 Electronic on-line clearance and registration of terminal equipment

The UK administration advised the group of a new on-line electronic clearance and registration system that has been released in the UK . This system will allow licensees to rapidly clear and register new terminals. This system is primarily developed for VSATs, but consideration has also been given to use of the system for other types of systems and devices. The UK sees this new system as a light regulatory touch and hope that it will aid licensees with the registration process.

14. DATE AND PLACE OF NEXT MEETING

The next meeting will be held in Turkey , from the 26 - 30  May 2003.

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