EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
on the harmonised use of radio spectrum in the 5 945 -6 425 MHz frequency band for the 
implementation of wireless access systems including radio local area networks  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING DECISION  
of XXX  
on the harmonised use of radio spectrum in the 5 945 -6 425 MHz frequency band for the 
implementation of wireless access systems including radio local area networks  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 
7 March  2002 on a regulatory framework for radio spectrum policy in the European 
Community (Radio Spectrum Decision)1, and in particular Article 4(3) thereof,  
 
Whereas:  
(1) Because of  the growing number and diversity of devices for wireless acce ss systems 
including radio local area networks ( ‘WAS/RLANs ’) and rising connection speeds and 
data traffic volumes , there is a need to harmonise new spectrum resources for the 
provision of wireless broadband via WAS/RLANs in addition to the spectrum already 
available on a non -exclusive basis  in the 2 .4 GHz (2  400-2 483.5 MHz) and 5  GHz 
(5 150-5 350 MHz and 5  470-5 725 MHz) frequency bands. Additional spectrum for 
WAS/RLANs should support the wide channels  required for  many applications 
(including videoconferencing, downloading media, telemedicine, online learning and 
gaming, augmented reality and virtual reality) which need a large bandwidth in order 
to achieve gigabit speeds . Such applications  have also become increasingly important 
in the recovery fr om the  coronavirus  crisis.  
(2) In accordance with  the Commission strategy on the European Gigabit Society  (2), all 
main socio -economic drivers  (including  schools, transport hubs and main providers of 
public services ) as well as  digitally intensive enterprises should have access to internet 
connections  with download  or upload speeds of 1 gigabit of data pe r second (Gbit/s) 
by 2025. A ll households in the Union should have  internet connections  with a 
download speed of at least 100  Mbit/s which can be upgraded to 1  Gbit/s.  
(3) The regulatory framework for WAS/RLANs operating in the 5 945-6 425 MHz 
frequency band , that is to say, the lower 6  GHz frequency band , should improve 
wireless connectivity in the Union  and allow the internal market to benefit from a 
spectrum resource potentially available worldwide, thus generating large economies of 
scale for equipment manufacturers. The low er barriers to accessing  spectrum resulting 
from a harmonised regulatory framew ork will facilitate  large -scale deployment of 
interoperable WAS/RLAN s-capable devices and access points , which should serve as 
an important connectivity infrastructure for services that complemen t mobile internet 
                                                 
1 OJ L 108, 24.4.2002, p.  1. 
2 Communication Connectivity for a Competitive Digital Single Market - Towards a  European Gigabit 
Society (COM(2016) 587 final) . EN 2  EN services provided by mobile network operato rs. The recommended framework 
identifies two WAS/RLAN s use cases in the 5  945-6 425 MHz frequency band  as 
follows: (i) low power indoor ( ‘LPI’) the use of which is restricted to and  permanently 
located in  buildings, trains with metal coated windows  and aircrafts ; and (ii) very low 
power ( ‘VLP ’) which can be used indoor and outdoor. The VLP outdoor use  is 
intende d to cover short -range applications for small area direct communications.  
(4) In accordance with the  International Telecommunication Union  (ITU) Radio 
Regulations3, the 5 945-6 425 MHz frequency band  is to be allocated to the mobile 
service, the fixed service ( ‘FS’) and the fixed -satellite service ( ‘FSS’) on a primary 
basis in all three Regions of the ITU . The 5 945-6 425 MHz frequency band  is use d by 
satellite  Earth  stations  on board  vessels,  FSS Earth  stations,  FS systems  (point -
to-point),  passive  sensors  (satellite),  short -range devices  (radiodetermination)  and 
ultra-wideband  applications.  
(5) The 5  945-6 425 MHz frequency band is also used by medium  or high capacity, long 
distance fixed terrestrial links (point -to-point), including for the backhauling of  data 
traffic in  mobile broadband networks. In some Member States the deployment of 
urban rail intelligent transport systems (‘ITS’) , including  communication based train 
control ( ‘CBTC ’), is authorised in parts of the 5  905-5 935 MHz frequency band , and 
in one Member State it is authorised in the 5 925-5 975 MHz  frequency band . Urban 
rail ITS  in the 5 .9 GHz frequency band,  which are subject to the conditions in the 
Commission Implementing Decision (EU) 2020/1426  (4), allow the safe and efficient 
management of urban rail operations.  
(6) On 19 December  2017 , in order to identify additional spectrum for WAS/RLANs , the 
Commission i ssued , pursuant to Article 4(2) of Decision No 676/2002/EC  of the 
European Parliament and of the Council (5), a mandate to the European Conference of 
Postal and Telecommunications Administrations ( ‘CEPT ’) to study the feasibility of, 
and identify harmonised  technical conditions for , the use of  WAS/RLAN s in the 
5  925-6 425 MHz frequency band for the provision of wireless broadband services.  
(7) In accordance with that mandate, CEPT published two reports : (i) Report A (CEPT 
Report 73): ‘Assessment and study of co mpatibility and coexistence scenarios for 
WAS/RLANs in the band 5  925-6 425 MHz’  (6 March  2020)  and (ii) Report B (CEPT 
Report 75): ‘Harmonised technical parameters for WAS/RLANs operating on a 
coexistence basis with appropriate mitigation techniques and/o r operational 
compatibility/coexistence conditions, operating on the basis of a general authorisation’  
(20 November  2020) . The studies carried out by CEPT  indicated that the coexistence 
of WAS/RLAN s with CBTC systems and road ITS would be technically feasible 
subject to suitable measures such as a guard band and requirements on in -band or out -
of-band emissions , or both,  applicable to WAS/RLANs. Th ose elements would mean 
that the spectrum available to WAS/R LAN s could not include the entire 5  925-
6 425 MHz frequency band. Sharing and compatibility studies conducted by CEPT  in 
accordance with  the mandate  have shown that the coexistence between WAS/RLANs 
(LPI, VLP) and existing usages (FSS Earth stations and te rrestrial FS  deployments 
                                                 
3 http://www.itu. int/pub/R -REG -RR (2020 edition).  
4 Commission Implementing Decision (EU) 2020/1426 of 7 October 2020 on the harmonised use of radio 
spectrum in the 5  875-5 935 MHz frequency band for safety -related applications of intelligent transport 
systems (ITS) and repealing Decision  2008/671/EC (OJ L 328, 9.10.2020, p. 19.  
5 Decision No 676/2002/EC of the European Parl iament and of the Council of 7 March 2002 on a 
regulatory framework for radio spectrum policy in the European Community (Radio Spectrum 
Decision) (OJ L 108 , 24/04/2002, p. 1).  EN 3  EN (fixed links)) in the 5  945-6 425 MHz frequency band is feasible, subject to a number 
of conditions to ensure adequate protection of existing usages in and adjacent to that 
5 945-6 425 MHz band from harmful interference originating  from WAS/RLAN s 
equipment . It may be necessary to rev ise the limit -37 dBm/MHz , which has been set 
as the  maximum mean equivalent isotropically radiated power  density for out -of-band 
emissions below 5  935 MHz for VLP  WAS/RLAN s devices. Therefore , a review  
should be carried out   by 31  December  2024 , on the basis of CEPT ’s response to a 
mandate issued by the Commission pursuant to Article 4 (2) of Decision No 
676/2002/EC .   
(8) The measures provided for in this Decision are in accordance with the opinion of the 
Radio Spectrum Committee,  
 
HAS ADOPTED THIS DECISION:  
Article 1  
This Decision harmonise s the conditions for the availability and efficient use of the 5  945-
6 425 MHz frequency band for wireless access systems including radio local area networks 
(WAS/RLANs ). 
Article 2  
For the purposes of this Decision , the following definitions shall apply:  
(a) ‘wireless access systems including radio local area networks (WAS/RLANs)’ mean s 
broadband radio systems that allow wireless access for public and private 
applications regardless of the underlying network topology ; 
(b) ‘non-interference and non -protected basis’  means that no harmful interference may 
be caused t o any radiocommunication service and that no claim may be made for 
protection of these devices  against interference originating from radiocommunication 
services in the same band ; 
(c) ‘equivalent isotropically radiated power  (‘e.i.r.p.’) ’ means  the product of the power 
supplied to the antenna and the antenna gain in a given direction relative to an 
isotropic antenna (absolute or isotropic gain).  
Article 3  
By 1 December  2021, Member States shall designate the 5  945-6 425 MHz frequency band 
and make it available on a  non-exclusive, non -interference and non -protected basis, for the 
implementation of WAS/RL ANs in accordance with  the technical conditions set out in the 
Annex.  
Article 4  
This Decision shall  be subject to review by the end of 2024  taking into account additional 
studies and measurements  as regards the maximum mean e.i.r.p. density limits for VLP  
WAS/RLAN s out-of-band emissions below 5  935 MHz .  EN 4  EN Article 5  
This Decision is addressed to the Member States.  
Done at Brussels,  
 For the Commission  
 Thierry Breton  
 Member of the Commission