BT has concerns about several provisions in the EECC regarding spectrum management. Specifically: 1) spectrum legislation should set clear principles rather than detailed regulations; 2) provisions on withdrawing rights and enforcing efficient use could conflict with existing UK licenses and drive wrong behaviors; 3) excessive ongoing fees could inhibit network investments; 4) licensing rules should not be mixed with network sharing or access provisions; and 5) mandating third-party Wi-Fi access would risk investments and intrude on contracts.

1. EECC – Spectrum Issues
UK Spectrum Policy Forum, Cluster 4 meeting, 25 November 2016
Johnny Dixon

2. © British Telecommunications plc
Key points from BT’s perspective
1. As an overall comment, it is important that legislation sets clear and simple principles for
authorisation and fees. As drafted, spectrum sections are too detailed and this is the commission
trying to regulate by legislation when it should be focused on retaining a clear principles based
approach in the Directive and leave discretion to NRAs to implement that to ensure efficiency.
2. We are concerned about provisions on withdrawal of rights/efficient use (Art 19.2/30.1) which
may even conflict with the initial term conditions of existing UK auction licences. Art 30.1 on
efficient use is unnecessary given the secondary spectrum market and could drive wrong
behaviours or lead to unnecessary disputes.
3. We welcome the intention to avoid excessive spectrum fees (Art 42), however the text could be
extended to address concerns with ongoing fees that may inhibit investments.
4. The rules for licensing of spectrum should not be mixed with the potential authorisation of
network sharing, spectrum pooling, wholesale access or national roaming, which can and should
be assessed with reference to competition rules or the SMP provisions (Art 47/52).
5. Mandating third-party access to Wi-Fi (Art 55) would put at risk investments made by operators
and represent an unacceptable intrusion into contractual arrangements. Wi-Fi is the wireless
edge of the fixed wireline broadband network: it could only be fit to be regulated if SMP in retail
broadband had been found.