Document of Radio Spectrum Committee

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Dear Information Society and Media (INFSO),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Document RSCOM12-37, which was presented by the Commission to RSCOM#41 on 10-11 October 2012

Yours faithfully,

Alan Smithson

Generaldirektion Informationsgesellschaft und Medien

Dear Sir,

We thank you for your request regarding document RSCOM12-37.

We shall report to you very shortly thereupon.

Yours sincerely,

Paul Lippens de Cerf
DG CNECT B4 Spectrum

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Generaldirektion Informationsgesellschaft und Medien

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Dear Mr Smithson,
 
Please find attached the reply regarding your request for access to a
document of the Radio Spectrum Committee "Document RSCOM12-37".
 
Best regards,
 
Maud Henrard
Secretary of Andreas Geiss
European Commission
Directorate-General for Communication Networks, Content and Technology
Electronic Communications Networks and Services Directorate
Spectrum – Unit B4
BU 33 07/87
B-1049 Brussels/Belgium
+32 2 296 27 43
[1][email address]
 
 

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Dear Information Society and Media (INFSO),

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Information Society and Media (INFSO)'s handling of my FOI request 'Document of Radio Spectrum Committee'.

I have requested a specific document from the meeting of RSCOM on 10-11 October 2012, and this request will not be satisfied (either in substance or in timing) by a revised version of this document from the subsequent RSCOM meeting.

The assessment by the Commission that this request can be refused under the exceptions laid down in Article 4(3) of Regulation 1049/2001 is incorrect because:

1) The document was not drawn up by the Commission for internal use "as part of deliberations and preliminary consultations WITHIN THE INSTITUTION CONCERNED" (my emphasis), because it was prepared for deliberation and consultation by RSCOM #41, which is a committee of Member States. Article 3 of the Radio Spectrum Decision (676/2002/EC) states that "The Commission shall be assisted by a committee (the Radio Spectrum Committee)" - i.e. the Radio Spectrum Committee is not part of the Commission, so any documents prepared for this committee cannot be for "internal use".

2) The document was therefore not received by the Commission.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.asktheeu.org/request/document...

Yours faithfully,

Alan Smithson

Dear Information Society and Media (INFSO),

From: Alan Smithson

18 November 2012

Please forward this email to:
Maud Henrard
Secretary of Andreas Geiss
European Commission
Directorate-General for Communication Networks, Content and Technology
Electronic Communications Networks and Services Directorate
Spectrum – Unit B4

For your information, I have requested an internal review of Information Society and Media (INFSO)'s handling of my FOI request 'Document of Radio Spectrum Committee'.

I have requested a specific document from the meeting of RSCOM on 10-11 October 2012, and this request will not be satisfied (either in substance or in timing) by a revised version of this document from the subsequent RSCOM meeting.

The assessment by the Commission that this request can be refused under the exceptions laid down in Article 4(3) of Regulation 1049/2001 is incorrect because:

1) The document was not drawn up by the Commission for internal use "as part of deliberations and preliminary consultations WITHIN THE INSTITUTION CONCERNED" (my emphasis), because it was prepared for deliberation and consultation by RSCOM #41, which is a committee of
Member States. Article 3 of the Radio Spectrum Decision
(676/2002/EC) states that "The Commission shall be assisted by a committee (the Radio Spectrum Committee)" - i.e. the Radio Spectrum Committee (RSCOM) is not part of the Commission, so any documents prepared for this committee cannot be for "internal use".

2) The document was therefore not received by the Commission.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/request/document...

Yours faithfully,

Alan Smithson

Yours faithfully,

Alan Smithson

Generaldirektion Informationsgesellschaft und Medien

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    Ares 1421653 request for document 700 MHz mandate 2nd response.doc.pdf

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    Ares 2012 1421653 RSCOM12 37 Mandate CEPT 700 MHz draft.doc.pdf

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Dear Mr Smithson,
Please find attached the reply and annex to your e-mail dated 18/11/2012
on the abovementioned subject.
 
 
Kind regards,
 
 
Sophie Leclercq
Administrative Assistant to Pearse O'Donohue
European Commission
DG for Communications Networks, Content and Technology
Spectrum Unit
BU 33 7/87
B-1049 Brussels/Belgium
+32 2 295 06 13
[1][email address]
 
 
 
 

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