EC Opens Bulgaria Legal Action over Social Radio Frequency

The EC has asked Bulgaria to rectify an infringement by opening up the 169 MHz frequency to social value uses, such as hearing aids. Photo by tucson.net

The European Commission has started legal proceedings against Bulgaria, asking the country to free up the 169 MHz radio frequency for use by applications of social value.

Across Europe, the principal social use of the frequency is for hearing aids.

EU rules aimed at harmonizing the use of the frequency in all member states should have been adopted by Bulgaria on January 1, 2007, but has not yet complied with this Commission Decision.

"The European Commission Decision makes it easier to use the 169 MHz band for applications such as social alarms, hearing aids, reading and tracking systems," said EU Telecoms Commissioner Viviane Reding, as reported on Thursday.

"We have left Bulgaria enough time to solve potential issues and ensure that the 169 MHz band would be available in Bulgaria. Unfortunately, even after intensive contacts with the Commission, the Bulgarian authorities did not adopt relevant measures in the National Radio Frequency Plan (NRFP). This is a violation of EU law and it goes against the Bulgarian people's needs," the Commissioner explained.

Bulgaria currently allocates the frequency to radio services restricted for purposes of national security and defense. Although Bulgarian authorities have declared their intention to include the EU requirement in the frequency management act, the NRFP, this has not yet occurred.

The Bulgarian government now has two months to respond to the formal letter sent by the Commission. If there is no reply, or one the EC considers to be unsatisfactory, it can issue a "reasoned opinion", the second stage concerning infringements. Ultimately, if the Commission remains unsatisfied, it may refer the case to the European Court of Justice.

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