EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
on the harmonised use of radio spectrum in the 5 GHz frequency band for the 
implementation of wireless access systems including radio local networks and repealing 
Decision 2005/513/EC  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING DECISION  
of XXX  
on the harmonised use of radio spectrum in the 5 GHz  frequency band for the 
implementation of wireless access systems including radio local networks and repealing 
Decision 2005/513/EC  
(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) The Commission Communication ‘2030 Digital Compass: the European way for the 
Digital Decade’2 sets out new connectivity objectives for the Union to be achieved 
through the widespread deployment and take -up of very high capacity networks . One 
of the objectiv es is for all households in the Union to be covered by 2030 by a Gigabit 
network . Wireless access systems including radio local area networks ( WAS/RLAN s) 
applications largely contribute to th at coverage  objective.  
(2) Access to radio local area networks is governed by Article 56 of Directive (EU) 
2018/1972 of the European Parliament and of the Council3. Radio local area networks 
are defined by that Directive  as low -power wireless access systems, operating within a 
small  range, with a low risk of interference with other such systems deployed in close 
proximity by other users, using, on a non -exclusive basis, harmonised radio spectrum.  
(3) Commission Decision 2005/513/EC4 harmonised the use of radio spectrum in the 
5 GHz band (5 150-5 350 MHz and 5 470-5 725 MHz) for wireless access systems 
including radio local area networks.  
(4) In accordance with the International Telecommunication  Union (ITU) Radio 
Regulations5, the 5 150-5 350 MHz and 5  470-5 725 MHz frequency bands are 
allocated to the mobile service except aeronautical mobile service on a primary basis 
in all three Regions of the ITU, taking into account the need to protect other primary 
services in th ose frequency bands. The ITU World Radiocommunication Conference 
                                                 
1 OJ L 108, 24.4.2002, p. 1.  
2 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions of 9 March 2021  ‘2030 Digital Compass: the European 
way for the Digital Decade’, COM(2021) 118 final.  
3 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing 
the European Electronic Communications Code ( OJ L 321, 17.12.2018, p.  36). 
4 Commission Decision 2005/513/EC  of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz 
frequency band for the implementation of wireless access systems including radio local networks  
(WAS/RLAN s) (OJ L 187, 19.7.2005, p. 22).  
5 http://www.itu. int/pub/R -REG -RR (2020 edition).  EN 2  EN in 2003 (WRC -03) adopted Resolution 229 on the ‘Use of the bands 5  150-5 250, 
5 250-5 350 MHz and 5  470-5 725 MHz by the mobile service for the implementation 
of Wireless Access Systems including Radio Local Area Networks ’. That Resolution, 
which was revised a t the World Radiocommunication Conference in 2019 (WRC -19), 
extended the scope of indoor use to trains and road vehicles, set the maximum 
emission power for WAS/RLANs using the 5 150-5 250 MHz frequency band in road 
vehicles, and allowed limited outdoor us e in the 5 150-5 250 MHz band by protecting 
other existing uses in that band.  
(5) In several Member States, there is a critical  need for the operation of military and 
meteorological radars in the bands between 5 250 and 5  850 MHz which require  
specific protection against harmful interference from WAS/RLAN s. In this context,  
the technical and operational conditions for the use of WAS/RLAN s need  to ensure  
the protection of legitimate public interests related to  other radio services , including 
military and meteorological radars.  There is also a need to protect the viability of 
systems related to  the Earth exploration -satellite service (active), space research 
service (active) and mobile -satellite service feeder links, in particular in the 5  150-
5 350 MHz  frequency band . 
(6) On 14  April  2020, to implement  the results of WRC -19 that revised Resolution 229, 
the Commission issued, pursuant to Article 4(2) of Decision No 676/2002/EC, a 
mandate to  the European Conference of Postal and Telecommunications 
Admi nistrations ( CEPT ) to amend Decision 2005/513/EC on the harmonised use of 
radio spectrum in the 5 GHz frequency band for the implementation of WAS/RLANs . 
Under t he mandate , CEPT was given two tasks. The first of these was  to propose 
technical conditions in  order to amend Decision 2005/513/EC based on the outcome of 
WRC -19 (revision of Resolution 229) for the 5  150-5 250 MHz  frequency band . The 
second task was to propose corresponding updates of the harmonised technical 
conditions for WAS/RLAN s in the 5  150-5 350 MHz and 5  470-5 725 MHz  band s, as 
appropriate . The purpose of the updates would be  to consider possibilities for us ing 
those WAS/RLAN s on board vehicles (aircraft, road vehicles (cars, buses), trains, etc.) 
and to assess feasibility of us ing WAS/RLAN for unmanned aircraft systems (UAS ) 
radio links.  
(7) In accordance with th at mandate,  CEPT published Report 79 on the harmonised use of 
radio spectrum in the 5 GHz band for the implementatio n of WAS/RLAN s following 
WRC -19. CEPT Report 79  contains  revised technical conditions for WAS/RLANs in 
the 5 150-5 250 MHz band for the following indoor use cases: inside buildings  and 
installations inside road vehicles, trains and aircraft , and limited outdoor use . The 
operation of UAS is only permitted in the 5 170-5 250 MHz band as a specific outdoor 
use case.  The proposed technical conditions for the 5  250-5 350 MHz band allow 
indoor use inside buildings only. The use of the 5  470-5 725 MHz band is possible 
indoors and outdoors, but  excluding installations in road vehicles, trains and a ircraft 
and use for UAS. The results of the mandate contained in CEPT Report 79 were used 
as a basis for this Decision.  
(8) In its Report 79, CEPT confirmed a common understanding about the importance of 
resolving the issue of harmful  interference to meteorological radars in the 5  600-
5 650 MHz band . To contribute to reducing harmful interference to meteorological 
radars, this Decision should lay down  technical conditions for WAS/RLAN 
installations in road vehicles, trains and aircraft s and usage by unmanned aircraft 
systems (UAS) and clarif y the requirements applicable to dynamic frequency selection EN 3  EN (DFS). This Decision could be reviewed in the future to assess the effectiveness of 
those measures.   
(9) When other usage beside WAS/RLAN s is geographically limited and known to 
national regulatory authorities , Member States should be entitled to  authorise at 
national level indoor installations in trains  using the 5  250-5 350 MHz and 5  470-
5 725 MHz frequency bands , where WAS/RLAN usage can be controlled  and 
geographically restricted .  
(10) This Decision build s upon and develop s the principles and provisions set out in 
Decision 2005/513 /EC. In the interest of legal certainty , Decision 2005/513/EC should 
be repealed.  
(11) The measures provided for in this Decision are in acc ordance with the opinion of the 
Radio Spectrum Committee,  
 
HAS ADOPTED THIS DECISION:  
Article 1  
This Decision harmonises the conditions for the availability and efficient use of the 5  150-
5 250 MHz, 5  250-5 350 MHz and 5  470-5 725 MHz f requency bands 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)’ are 
broadband radio systems that allow wireless access for public and private 
applications regardless of the underlying network topology;  
(b) ‘indoor use’ is defined as use inside a closed space which will provide the necessary 
attenuation to facilitate sharing wit h other services. Indoor use can be classified in 
four use cases, as identified in the technical conditions of the Annex to this Decision 
that represent specific scenarios: inside buildings, inside road vehicles, inside trains 
and inside aircraft;  
(c) ‘equival ent 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 anten na (absolute or isotropic gain);  
(d) ‘mean equivalent isotropically radiated power (‘e .i.r.p.’)’ means e.i.r.p. during the 
transmission burts which corresponds to the highest power, if power control is 
implemented.  
Article 3  
By 31  March  2022, Member States shall designate and make available the 5  150-5 250 MHz, 
5 250-5 350 MHz and 5  470-5 725 MHz  frequency bands , on a non -exclusive basis, for the 
implementation of WAS/RLANs in accordance with the technical conditions set out in the 
Annex.  EN 4  EN Article 4  
Member States shall monitor the evolution of standards and technology in relation to the use 
of the 5  150-5 250 MHz, 5  250-5 35 MHz and 5  470-5 725 MHz frequency bands for 
WAS/RLANs and report their findings to the Commission at the latter’s  request  or on their 
own initiative in order to allow for a timely review of this Decision.  
Article 5  
Decision 2005/513/EC is repealed.  
Article 6  
This Decision is addressed to the Member States.  
Done at Brussels,  
 For the Commission  
 Thierry Breton  
 Member of the Commission