In particular, Article 10(3) of Directive 97/13/EC provides that selection criteria for licensing of scarceresources such as radio frequencies should be ‘objective, non-discriminatory, detailed, transparent andproportionate’. In addition, Article 11(2) states that‘… Member States may, where scarce resources are tobe used, allow their national regulatory authorities to impose charges which reflect the need to ensure theoptimal use of these resources. Those charges shall be non-discriminatory and take into particular accountthe need to foster the development of innovative services and competition’.Consequently, it is for Member States to determine, in accordance with the principle of subsidiarity, whatprocedures to follow in allocating the limited frequency spectrum available for third generation networks,provided that they comply with the principles of objectivity, non-discrimination, proportionality andtransparency established by Community law. The Commission is of the view that the use of auctionprocedures for the allocation of radio frequencies for third generation mobile networks is not in itself contrary to those principles and cannot as such be subject to an infringement procedure. As for the needto foster the development of innovative services and competition, it depends on the economic effect of thevarious auction formulae used. Those depend on a number of variables (length of licence, rules forpayment of licence fees, conditions for network deployment, and roaming obligations) which cannot yetbe assessed. The Commission continues to monitor the licensing process in the Member States with greatattention. It is particularly attentive to the need to ensure that the above-mentioned principles arerespected, and is making an assessment of the economic impact of the procedures used.
) OJ L 192, 24.7.1990.(
) OJ L 17, 22.1.1999.
WRITTEN QUESTION E-1841/00by Klaus-Heiner Lehne (PPE-DE) to the Commission
(9 June 2000)Subject:
Copyright protection of Community legal texts in the CELEX data bank1. Is it true that the Commission considers Community legal texts in the CELEX data bank to becovered by copyright?2. If so, what does the Commission consider is the basis for this copyright protection?3. Is the Commission relying in this connection on Directive 96/9/EC?4. If so, on what basis does the Commission argue that the Directive should have direct effect in thiscase even though it has not been transposed by a national law on the copyright protection of legal texts?5. Does the Commission consider it acceptable for legal texts, which are produced by the Community legislature and should be generally available for public access and use, to be covered by copyright?6. What is the Commission’s view of the current legal disputes in Germany, for example, between thevarious licensees?20.3.2001 EN C89E/95Official Journal of the European Communities