The Team’s task, according to the order of the President of URTiP, is to draft by 15 September 2004 a concept of conducting the tendering procedure for the reservation of frequencies for the mobile telephony. This task should be treated as two separate issues:
The first stage of the Team’s work included technical analyses of frequency resources available in Poland in the bands 1800 MHz and 2000 MHz as well as of the resources held by the three existing mobile operators. The starting point for further conceptual work was the position paper of the President of URTiP on the use of free frequency resources for the UMTS and GSM 1800 mobile telephony presented at a press conference on 14 July this year.
The President of URTiP expects that the Team will clear all substantive issues, draft the concept for the tender, including its terms, so that the tendering Commission could focus entirely on its tasks. As early as in the course of public consultations on the assignment of frequencies for the UMTS and GSM 1800 networks it was possible to notice great interest in the issue of the tendering procedure as well as attempts at suggesting final results of the consultation held by the President of URTiP. Therefore strong arguments of a technical, formal, legal, economic and market nature are needed in order to justify the adopted concept for the tendering procedure.
The next stage of the Team’s work will be a legal analysis which takes account of the entry into force of the new Telecommunications law and resulting new requirements for tenders. The analysis should also take account of the effects following from the new telecommunications act, especially in the context of rights and obligations in the licences of existing mobile network operators in the standards: NMT 450 MHz, GSM 900 MHz, GSM 1800 MHz and UMTS. These analyses will be conducted by two independent teams of lawyers who specialise in the telecommunications law.
The procedures necessary for the proper assignment of frequency reservations as well as requirements and limitations to be included in the terms of tenders for the assignment of frequency reservations in the bands within the Team’s scope will be specified.
It is also necessary to conduct an economic analysis of market conditions for the fourth mobile UMTS and GSM 1800 operator. This analysis should include: the current level of market saturation and forecasts for the next few years, instruments of the regulatory policy aiming at further market liberalisation and development, simulation of investment expenditure taking account of two options: the deployment of one’s own infrastructure and access to the existing infrastructure of other operators.