Dáil Éireann Debate, Thursday - 29 November 2012
40. Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources if he will agree that with regard to the 4G spectrum licences which run until 2030, much shorter licence periods would better suit Ireland's best interests. [53326/12]
View answerThe management of the radio spectrum is a statutory function of the Commission for Communications Regulation (ComReg) under the Communications Regulation Act, 2002 as amended.
Regulation 9(6) of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 requires that rights of use of radio frequencies be in force for such period as ComReg considers appropriate having, inter alia, taken due account of the need to allow for an appropriate period for investment amortisation. In that regard, ComReg’s decision to grant liberalised use licences for an overall length of approximately 17.5 years reflected, amongst other things:
- the need for regulatory certainty and efficient infrastructure investment provided by a duration that is compatible with the investment requirements of licensees; and
- the importance of striking an appropriate balance between offering assurances to licensees to assist with their business plans, while also not potentially tying up spectrum for unduly long periods, which would stifle the potential for other interested parties to obtain access to this spectrum in the future.
- ComReg therefore considered its proposed duration to be appropriate in the circumstances as it would strike an appropriate balance between the need to provide operators with the opportunity to earn a reasonable return on their investment and the need to ensure efficient spectrum management and use (such as the flexibility to re-allocate the spectrum for other uses should the need arise).
ComReg also notes its choice of duration is consistent with the durations for liberalised rights of use in the 800, 900, 1800 MHz and/or 2.1 GHz bands offered in other EU Member States. For example, Germany and Portugal decided upon 15 year licences, Austria for 16 years, and Italy for 18 years and Spain for 19 years.
