Technical representation

Organizations of regulatory bodies

Body of European Regulators for Electronic Communications (BEREC)

BEREC was established by EC Regulation no. 1211/2009 of 25 November 2009 and began operating at the beginning of 2010; as such, Commission Decision no. 2002/627/EC, which created the European Regulators Group (ERG), was repealed on 1 June 2010. BEREC maintains, however, the ERG’s purpose of providing an appropriate forum to foster cooperation and coordination between NRA and the EC in order to promote the development of the internal market for electronic communications, networks and services.

BEREC is comprised of 27 NRA of the EU, with the EC also able to participate, along with candidate countries and EEA countries, and Switzerland as a permanent guest. Working alongside BEREC, the Office - is a European agency headed by a Director-General and by a Management Committee, comprising the NRA of the EU and two members of the EC.

In 2010, ICP-ANACOM took part in all IRG/BEREC plenary meetings and in the preparatory meetings that preceded them, participating in the Contact Network, which is an operational intermediary group comprising representatives of each NRA. ICP-ANACOM also presided over the End-Users Project Team (PT), focusing on the interests of users of electronic communications services in terms of making it easier to switch provider, reviewing the scope of universal service and supporting citizens with special needs. ICP-ANACOM participated in all other PT, including: implementation of the regulatory framework, termination rates, benchmarking, regulatory accounting, BEREC/RSPG cooperation, roaming, remedies, NGN, convergence and economic analysis, net neutrality and the article 7 Panel of Experts. ICP-ANACOM also participated in the ad hoc groups on security and access to information and in a workshop on net neutrality.

During 2010, BEREC's work focused on three main areas: harmonization, emerging challenges and changes to the regulatory framework for electronic communications, following on from the work completed by the ERG.

In the context of harmonization, BEREC approved and published the following reports on: International Roaming compliance, alternative roaming tariffs, competition in the roaming market and the future of regulation in this market, roaming data collection, mobile termination rates benchmarking (MTR), Action Plan to achieve conformity with ERG Common Position on symmetry of termination rates, international roaming benchmark data and Regulatory Accounting in Practice. It also formulated a common position on Next generation networks future charging mechanisms/long-term termination issues and the opinion on the Recommendation on regulated access to next generation access networks.

In the context of emerging challenges, BEREC approved and published reports on convergent services, bundled offers, universal service - reflections for the future, the importance of spectrum in market definitions based on the experiences of the NRA. BEREC also responded to Commission consultations on net neutrality and the universal service in electronic communications.

Finally, with regard to the amendments to the regulatory framework for electronic communications, an area that also includes the changes required for the transition from the ERG to BEREC, it approved and published the operating rules of its Board of Regulators and its Management Committee, the ERG's 2009 annual report, the report on the application of the concept of self supply in market definition and SMP assessment and a report on best practices to facilitate switching.

Independent Regulators Group (IRG)

In 2010, ICP-ANACOM took part in all plenary meetings of the IRG and in the preparatory meetings that preceded them, including the Contact Network as well as working groups that work together with BEREC.

In the context of cooperation between NRA, ICP-ANACOM took part in responding to all 116 questionnaires issued by its counterpart NRA and issued eight questionnaires itself.

8.2.1.3. European Regulators Group for Postal Services (ERGP)

The European Regulators Group for Postal Services (ERGP) was established by EC decision of 10 August 2010. Its functions are to advise and assist the EC in consolidating the internal market for postal services and in the consistent application of the EU regulatory framework in all Member States.

The first meeting of the ERGP contact network took place in November to prepare the first plenary session, which was held in December and which saw approval of the group's rules of procedure and 2011 work programme. The group agreed to address the following topics: regulatory accounting/price regulation, access regulation, cross-border issues, the net costs of universal service obligations and monitoring of market outcomes. Elections took place for the group’s chair and vice-chair for 2011.

Latin-American Forum of Telecommunications Regulatory Authorities (Regulatel)

Regulatel is the Latin-American Forum of Telecommunications Regulatory Authorities; its mission is to exchange information on the regulatory framework of each Administration, with the intention of harmonizing rules and activities of regulatory authorities. It is similar in nature to the IRG and aims to foster cooperation and coordination in the field of telecommunications, promoting the development of the sector in Latin America.

In 2010, ICP-ANACOM participated in the IX Meeting of Corresponsales of Regulatel, in the IRG/Regulatel ¹ and ANACOM/ANATEL seminar on US, in the high-level BEREC - Regulatel 5th International Regulation Workshop on ''Infrastructure Sharing for the Deployment of ICTs'', an event organised jointly by the Colombian regulator and Regutal and in the Regulatel plenary and BEREC-Regulatel summit on "Regulation in the era of the Internet: prices, access and transport".

ICP-ANACOM also participated in EU-Latin American Symposium on ICT regulation.

Euro-Mediterranean network of Regulators (EMERG)

ICP-ANACOM is a founder member of the Euro-Mediterranean network of Regulators (EMERG). Established in June 2008, EMERG brings together representatives from regulators of the electronic communications sector in the Mediterranean region, including members of the IRG, North Africa and the Middle East. It is partially funded by the EU through the NATPE III project and has the goal of sharing experiences and achieving further consolidation and harmonization of regulatory principles.

ICP-ANACOM participated in the 2nd planning and benchmarking conference in December, which saw the presentation of work done on each NRA’s current situation and set out the actions to be undertaken between 2011 and 2013.
With the NATPE III project, ICP-ANACOM also co-organized the workshop on NGN (New Generation Networks and their impact on markets and regulation), held in Lisbon. This event was one of a series of thematic seminars on areas of interest to Euro-Mediterranean regulators. In addition to the thematic panels, the seminar included a field visit to the ducts of a mobile communications operator, focusing in particular on the architecture of the FTTH OPT network, the procedures of the RDAO, the passage of fibre in ducts and on other issues.

Other organizations

ITU Sectors

• Telecommunication Standardization Sector (ITU-T)

In the context of this sector's activities, note is made of the Telecommunications Standardisation Advisory Group (TSAG) in terms of the debate on the compliance and interoperability testing programme, whose aim is the performance of tests by the ITU, under a common methodology, to ensure equipment compliance and interoperability.

The TSAG also reviewed the rules and procedures governing the ITU's collaboration with the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC).

The recommendations of the ITU-T, especially in terms of the operating conditions of services, numbering and addressing and quality of service and interoperability of networks, have a direct impact on managing Portugal’s NNP - Plano nacional de numeração (National numbering plan).

• Development Sector (ITU-D)

The ITU's fifth World Telecommunication Development Conference (WTDC-10) adopted the Hyderabad Action Plan, which consists of a set of activities aimed at supporting developing countries in promoting the sustainable development of networks, services and information and communication technologies (ICT). This plan consists of five programmes: (i) Information and communication infrastructure and technology development; (ii) Cybersecurity, ICT applications and IP-based network-related issues; (iii) Enabling environment; (iv) Capacity building and digital inclusion; and (v) Least developed countries, countries in special need, emergency telecommunications and climate change adaptation.

The WTDC-10 was preceded by a meeting of the Telecommunications Development Advisory Group (TDAG), held in February, to prepare for the conference.

ICP-ANACOM was also involved in the 10th Global Symposium for Regulators (GSR), held on the theme "Enabling Tomorrow's Digital World ". Approval was given to a set of sectorial best practice at the Symposium, with Portugal's contribution centred on the regulatory intervention of ICP-ANACOM in terms of opening up access to infrastructure, including through the introduction of the RDAO.

• Radiocommunication Sector (ITU-R)

In 2010, ICP-ANACOM participated in the following working parties (WP) of the ITU-R:

• WP1A, responsible for research into Spectrum Engineering Techniques;
  
  
• WP1B, responsible for research on Spectrum Management Methodologies and Economic Strategies;
  
  
• WP4B, responsible for performance and availability objectives of the fixed-satellite service (FSS), the broadcasting satellite service (BSS) and mobile satellite service (MSS), including IP applications and SNG earth stations (Satellite News Gathering); it is also involved in preparations for the WRC-12;
  
  
• WP5A, responsible for studies related to the LMS, excluding IMT, the amateur and amateur-satellite service;
  
  
• WP5B responsible for studies related to the maritime mobile service, including GMDSS, the aeronautical mobile service and the radio-determination service;
  
  
• WP5C, responsible for the technical aspects related to fixed wireless systems, HF systems and other systems operating in frequency bands below 30 MHz in respect of the fixed and land mobile services;
  
  
• WP6A, responsible for issues related to terrestrial radio and television broadcasting;
  
  
• JTG 5-6, responsible for studies on sharing between the mobile service and other services, with allocation in the 790-862 MHz band, and broadcasting, fixed, mobile and aeronautical radio navigation services.

European Conference of Postal and Telecommunications Administrations (CEPT)

The objectives of the CEPT include the harmonisation of technical and regulatory matters, as well as the coordination of European regional positions in respect of the work of the international organizations in the sector, namely the ITU and the UPU.

As part of its participation in the CEPT, ICP-ANACOM took part in the Electronic Communications Committee (ECC), the European Committee for Postal Regulation (CERP) and the Committee for ITU Policy (Com-ITU) as well as in various working groups related particularly to frequency management, spectrum and numbering engineering, and to addressing and interconnection, thereby contributing to the preparation of decisions with regulatory relevance.

ICP-ANACOM was also involved in the development of works related to the reform of the body's mission and organization, as approved at the Amsterdam Assembly (2007), in order to increase efficiency and external visibility. The Presidency was provided through the new tripartite structure, based on the three committees - ECC, CERP and Com-ITU. The CEPT Assembly is now convened on an ad hoc basis and did not meet in 2010.

Following the mandates issued to the CEPT by the EC, the following reports were approved in 2010:

• CEPT reports no. 36 and no. 37 in response to parts 1 and 2 of the EC Mandate on SRR;
  
  
• CEPT Report no. 38, in response to the EC permanent mandate on SRD;
  
  
• CEPT Report no. 39, in response to the EC mandate on the 2 GHz range;
  
  
• CEPT Report no. 40, in response to Part 2 of the EC mandate on the 900/1800 MHz bands - In band compatibility study for LTE and WiMAX operating within the bands 880-915 MHz / 925-960 MHz and 1710-1785 MHz / 1805-1880 MHz (900/1800 MHz bands);
  
  
• CEPT Report no. 41, in response to Part 2 of the EC mandate on 900/1800 MHz - Adjacent band compatibility study between LTE and WiMAX operating within the bands 880-915 MHz / 925-960 MHz and 1710-1785 MHz / 1805-1880 MHz (900/1800 MHz bands) and systems operating in adjacent bands;
  
  
• CEPT Report no. 42, in response to Part 3 of the EC mandate on 900/1800 MHz - Compatibility study between UMTS 900 and DME currently in use and the compatibility between UMTS 900 and future AMIS systems under development by ICAO.

The work developed in each of these three CEPT committees is shown below:

• Electronic Communications Committee (ECC)

ICP-ANACOM represented the Portuguese Administration at the ECC, with the adoption, in 2010, of the following amended ECC Decisions on the following subjects:

• Sharing conditions in the 10.6-10.68 GHz band between the fixed service, mobile service and Earth exploration satellite service (passive);
  
  
• Compatibility between the fixed satellite service in the 30-31 GHz band and the Earth exploration satellite service (passive) in the 31.3-31.5 GHz band;
  
  
• EFIS - ECO Frequency Information System;
  
  
• Harmonised frequency plan for the use of band 169.4-169.8125 MHz.

With regard to the monitoring of the ECC sub-groups, ICP-ANACOM gave priority to its presence in the working groups and project teams of frequency management, spectrum engineering, regulatory affairs, IMT-2000 and other systems, conference preparations, numbering and addressing and technical aspects of interconnection.

The results obtained by these groups included:

• The Working Group on Frequency Management (WGFM) continued work on the harmonization of spectrum at European level, in the context of radiocommunication services and systems. Specifically, studies were developed to identify more harmonized spectrum for use by public protection and disaster relief applications (PPDR), initiating a debate on the future of L-band with a view to potential harmonization for mobile multimedia in Europe and debating the spectrum requirements for DA2GC (Broadband Direct-Air-to-Ground Communications), updating the Common Frequency Allocation Table (ECA, Report ECC 25), developing the European frequency website (EFIS), developing spectrum monitoring campaigns, formulating ECC decisions reflecting sharing conditions between different radiocommunication services, updating annexes to Recommendation ERC/REC 70-03 on specific applications of short-range devices (SRD) and reviewing various ERC/ECC decisions and recommendations with a view to keeping them current and up-to-date. The Group also accompanied specific works with respect to the maritime mobile service and marine radionavigation;
  
  
• The Spectrum Engineering Working Group (WG SE) developed studies which resulted in recommendations and reports that establish criteria for compatibility between various radiocommunications systems. Important reports included reports on the introduction of WLAN on aircraft in the 5250-5350 MHz and 5725-5875 MHz frequency bands, microphones emitters (PWMS), specific UWB applications (LPR) and the definition of minimum technical conditions in the 790 -862 MHz band in the context of the digital dividend mandate. Work was also begun on the introduction of equipment using cognitive radio technology in the 470-790 MHz band;
  
  
• The Working Group on Regulatory Affairs (WG RA) developed work on the harmonization of technical regulatory procedures and rules at European level, with a focus on the report on greater flexibility in the ECC's regulatory structure, in order to allow the introduction of more flexible spectrum allocation models (e.g. technological neutrality). The WG RA developed impact analyses of the impact of CEPT procedures on the harmonization of radio interfaces in the determinations of the CEPT (RIS model), analyses of the applicability of the R&TTE Directive (Radio & Telecommunication Terminal Equipment), and reviewed a number of ECC Decisions related essentially to free movement and licensing exemptions;
  
  
• The ECC PT1 Working Group is responsible for all matters related to IMT (International Mobile Telecommunications), and its objective is to develop harmonization measures in terms of designating the bands identified for IMT and the respective channels, carrying out sharing/compatibility studies involving IMT and coordinating European positions before the ITU-R. In 2010, it is important to note the activities related to the response to the EC Mandate on 900/1800 MHz, including the possibility of introducing other technologies, in addition to GSM and UMTS;
  
  
• The ECC TG4 Group completed work on the second mandate of the EC to study technical constraints with a view to the adoption of a harmonised policy for the digital dividend in the EU, presenting a CEPT report providing guidelines for co-ordination processes between neighbouring countries and another CEPT report with a recommendation on the best approach to ensure the continuation of existing Program Making and Special Events (PMSE) services operating in the (470-862 MHz), including the assessment of the advantage of an EU-level approach. Related to the second EC mandate, but outside its scope, TG4 produced the ECC report, which summarizes the measurements conducted on the performance of DVB-T receivers in the presence of interference from the mobile service (especially UMTS)
  
  
• The Conference Preparatory Group (CPG) continued preparations for the World Radiocommunications Conference to be held in 2012, with four project teams engaged in the study of the following issues: (i) technical, regulatory and procedural aspects related to various topics on the WRC-12 agenda; (ii) aspects of the WRC-12 agenda associated with scientific services; (iii) issues related to the aeronautical mobile, radiolocation, maritime and amateur service; and (iv) other matters associated with ENG (Electronic News Gathering), the fixed service, fixed UHF, HAPS and the mobile satellite service.
  
  
• European Committee for Postal Regulation (CERP)

The announced creation of the European Regulators Group for Postal Services (ERGP) had a determined impact on the work of the CERP in 2010 and on its restructuring. ICP-ANACOM participated in the plenary sessions, remaining actively engaged in the following project teams: PT Policy, PT Supervision and Market Data, PT Cost Accounting and Price Regulation, PT Universal Service and PT Consumer Issues.

At the Plenary sessions, basic principles were defined guiding the future positioning of the Committee in light of developments within the EU and also defining the new structure; additionally the activity of the current PT and working groups was concluded given the transfer of postal regulation matters to the newly created ERGP under the aegis of the EC. ICP-ANACOM’s participation in CERP was taken up in great part by the activity of PT Policy, where positions of European countries on UPU matters are coordinated; according to the new structure, to be formalized at the first Plenary of 2011, this will be one of two groups of the new CERP.

Portugal has been designated to assume the leadership of a drafting group which was set up to submit a proposal to the UPU's CA at the annual session of November 2010 on the .post domain project (see UPU).

• Committee for ITU Policy (Com-ITU)

The mission of this CEPT Committee is to coordinate European positions on issues related to the ITU, particularly in terms of the Council, Plenipotentiary Conferences and Sector Conferences/Meetings, with ICP-ANACOM providing important participation. In 2010, the work of this committee was focused on preparing the WTDC-10 and PP-10 (see ITU), especially through the adoption of common European proposals (CEP).

With a view to WTDC-10, ITU-COM adopted CEP on the topics of e-accessibility, climate change and private sector participation. With respect to PP-10, common European proposals covered topics such as the financial implications of the proposals presented at Conferences and Assemblies of the Union, the implementation of IPv6, the restructuring of Telecom events, e-accessibility and private sector participation in the activity of the ITU Development Sector.

Com-ITU was also engaged in European preparations for sessions of the ITU Council 

• European Communications Office (ECO)

ICP-ANACOM represented the Portuguese Administration on the ECO Management Board. There was debate on the financial structure and cost of the office, including maintenance of the contribution unit paid by administrations to the secretariat of the CEPT - trend in place since 2003 - and desirable evolution of the ECO's reserve fund. The Office released its first activities report, to be produced on an annual basis, and a debate was held on the future of the CEPT conference, which is due to become an ECC event, capable of contributing to the reformulation of the respective strategic plan. Portugal submitted a proposal to introduce a "green agenda" in the office's management, which will enable the ECO to become a more sustainable workplace.

European Telecommunications Standards Institute (ETSI)

ICP-ANACOM is a member of ETSI in the Administration category and, as such, participated in its two general assemblies (AG). In 2010, ETSI continued to develop its activities in three main areas - Global Standards Producer, Service Providing Organization and European Standards Organization - with a special focus on the relationship between standards and open source, on smart networks and on the green agenda. At the year’s last GA, the 2011 budget was approved, with no increase in the contribution unit.

Radio and Telecommunications Terminal Equipment Compliance Association (R&TTECA)

Pursuant to the R&TTE Directive, during 2010, ICP-ANACOM was represented in the R&TTECA, which is made up of regulatory authorities, laboratories, equipment manufacturers and representatives of the Commission in this area; its mission is to discuss technical issues and produce technical guidelines for the verification of compliance of equipment subject to the R&TTE Directive.

European Network and Information Security Agency (ENISA)

ENISA's objective is to support the EC, Member States and the business community in addressing, answering and, in particular, preventing network and information security problems.

In 2010, ICP-ANACOM continued to give focus to the multi-year thematic programme on improving the resilience of European electronic communications networks, based this year on: (i) good practice in terms of information sharing and incident reporting; (ii) contribution to improving network resilience; (iii) research into innovative actions; and (iv) preparation of the first pan-European exercise.

In this regard, the work developed in the preparation of this exercise and ICP-ANACOM's participation was particularly important.

 
¹ In the context of the IRG-Regulatel Seminar, ICP ANACOM made two presentations on ''Universal access and rural and remote regions'' and "Pro-user competition".