COMMISSION DECISION  
of 6 May 2010  
on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial 
systems capable of providing electronic communications services in the European Union  
(notified under document C(2010) 2923)  
(Text with EEA relevance)  
(2010/267/EU)  
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 ‘Transforming the 
digital dividend into social benefits and economic 
growth’ (  2 ) stressed the importance of coherent opening 
of the 790-862 MHz band (the ‘800 MHz band’) for elec ­
tronic communications services by adopting technical 
conditions of use. The 800 MHz band is part of the 
digital dividend, i.e. radio frequencies that are freed up 
as a result of more efficient spectrum use through the 
switchover from analogue to digital terrestrial TV. The 
identified socioeconomic benefits are based on the 
assumption of a Community approach that releases the 
800 MHz band by 2015 and imposes technical 
conditions preventing high power cross-border inter ­
ference.  
(2) Technological neutrality and service neutrality have been 
confirmed by Directive 2009/140/EC of the European 
Parliament and of the Council of 25 November 2009 
amending Directives 2002/21/EC on a common regu ­
latory framework for electronic communications 
networks and services, 2002/19/EC on access to, and 
interconnection of, electronic communications networks 
and associated facilities, and 2002/20/EC on the au- 
thorisation of electronic communications networks and 
services (  3 ) (Better Regulation Directive). Moreover, the 
RSPG opinion of 18 September 2009 on the digital 
dividend encourages the application of the WAPECS 
principles and recommends that the Commission acts 
on the recommendations contained therein as soon as 
possible in order to minimise EU-level uncertainty 
regarding the ability of Member States to make 
available the 800 MHz band.  (3) The European Parliament in its resolution of 
24 September 2008 on reaping the full benefits of the 
digital dividend in Europe: a common approach to the 
use of the spectrum released by the digital switchover, 
urges Member States to release their digital dividends as 
quickly as possible and calls for a response at 
Community level. The Council conclusions of 
18 December 2009 on transferring the digital dividend 
into social benefits and economic growth confirm the 
Council’s position stated in 2008, which invited the 
Commission to support and assist the Member States 
in the process of achieving close cooperation between 
Member States and with third countries in coordinating 
spectrum usage and of reaping the full benefits of the 
digital dividend.  
(4) Noting the strong impact of broadband communications 
on growth, the Economic Recovery Plan (  4 ) has set a 
target of 100 % broadband coverage by between 2010 
and 2013 (  5 ). This cannot be achieved without a 
significant role being played by wireless infrastructures, 
including in the provision of broadband to rural areas, 
part of which can be done by giving early access to the 
digital dividend to the benefit of such areas.  
(5) The designation of the 800 MHz band for terrestrial 
systems capable of providing electronic communications 
services would be an important element addressing the 
convergence of the mobile, fixed and broadcasting 
sectors and reflecting technical innovation. The services 
provided in this frequency band should mainly target 
end-user access to broadband communications, 
including broadcasting content.  
(6) Pursuant to Article 4(2) of the Radio Spectrum Decision, 
on 3 April 2008 the Commission gave a mandate to the 
European Conference of Postal and Telecommunications 
Administrations (hereinafter ‘the CEPT’) to define the 
technical conditions to be applied to the 800 MHz 
band optimised for, but not limited to, fixed 
and/or mobile communications networks, with aEN 11.5.2010 Official Journal of the European Union L 117/95  
( 1 ) OJ L 108, 24.4.2002, p. 1.  
( 2 ) COM(2009) 586.  
( 3 ) OJ L 337, 18.12.2009, p. 37.  ( 4 ) Presidency Conclusions , Council of the European Union, Brussels, 
12 December 2008, 17271/08.  
( 5 ) Endorsed by the Council: Competitiveness Council  Key Issues Paper , 
March 2009.particular focus on common and minimal (least 
restrictive) technical conditions, the most appropriate 
frequency arrangement and a recommendation on how 
to handle Programme Making and Special Events (PMSE) 
services.  
(7) In response to that mandate, the CEPT has adopted four 
reports (CEPT Reports 29, 30, 31 and 32). These contain 
technical conditions for base stations and terminal 
stations operating in the 800 MHz band. Such 
harmonised technical conditions will facilitate 
economies of scale without requiring any type of 
particular technology to be used, based on optimised 
parameters for the most likely use of the band.  
(8) CEPT Report 29 gives guidance on cross-border coor ­
dination issues which are of particular relevance during 
the coexistence phase, i.e. when some Member States 
may have implemented the technical conditions 
optimised for fixed and/or mobile communications 
networks, while other Member States still have high- 
power broadcasting transmitters in operation in the 
800 MHz band. CEPT considers that the Final Acts of 
the International Telecommunication Union Regional 
Radiocommunication Conference for planning of the 
digital terrestrial broadcasting service in parts of 
Regions 1 and 3, in the frequency bands 174-230 MHz 
and 470-862 MHz (GE06 Agreement) provides the 
necessary regulatory procedures for cross-border coor ­
dination.  
(9) CEPT Report 30 identifies least restrictive technical 
conditions through the concept of Block-Edge Masks 
(BEMs), which are regulatory requirements aimed at 
managing the risk of harmful interference between neigh ­
bouring networks and are without prejudice to limits set 
in equipment standards under Directive 1999/5/EC of the 
European Parliament and of the Council of 9 March 
1999 on radio equipment and telecommunications 
terminal equipment and the mutual recognition of their 
conformity (  1 ) (the R&TTE Directive). Based on this CEPT 
Report the BEMs are optimised for, but are not limited 
to, fixed and/or mobile communications networks using 
Frequency-Division Duplexing (FDD) and/or Time- 
Division Duplexing (TDD).  
(10) In cases where harmful interference has been caused or 
where it is reasonably considered that it could be caused, 
the measures identified in CEPT Report 30 could also be 
supplemented by proportionate national measures that 
could be imposed.  
(11) The avoidance of harmful interference and disturbance to 
television receiver equipment, including cable TV 
equipment, may depend on more effective interference 
rejection in such equipment. Conditions related to television receiver equipment should be addressed as a 
matter of urgency within the framework of the Directive 
2004/108/EC of the European Parliament and of the 
Council of 15 December 2004 on the approximation 
of the laws of the Member States relating to electro- 
magnetic compatibility and repealing Directive 
89/336/EEC (  2 ) (EMC Directive).  
(12) The avoidance of harmful interference to television 
receiver equipment, including cable TV equipment, may 
also depend on in-block and out-of-band emission limits 
for terminal stations. Conditions related to terminal 
stations should be addressed as a matter of urgency 
within the framework of the R&TTE Directive in line 
with the elements developed in CEPT Report 30.  
(13) CEPT Report 31 concludes that the preferred frequency 
arrangement for the 800 MHz band should be based on 
the FDD mode in order to facilitate cross-border coor ­
dination with broadcasting services, noting that such an 
arrangement would not discriminate in favour of or 
against any currently envisaged technology. This does 
not exclude the possibility for Member States to use 
other frequency arrangements with the aim of (a) 
achieving general interest objectives, (b) ensuring greater 
efficiency through market-based spectrum management, 
(c) ensuring greater efficiency when sharing with existing 
rights of use during a coexistence period, or (d) avoiding 
harmful interference, e.g. in coordination with third 
countries. When designating or making available the 
800 MHz band for terrestrial systems capable of 
providing electronic communications services, Member 
States are therefore to use the preferred frequency 
arrangement or alternative arrangements described in 
CEPT Report 31.  
(14) CEPT Report 32 recognises the interest in the continued 
operation of applications for PMSE and identifies a 
number of potential frequency bands and innovative 
technical developments as a solution to the current use 
of the 800 MHz band by these applications. Adminis ­
trations should continue to study the available options 
and the efficiency of PMSE systems with the aim of 
including their findings in the regular reports to the 
Commission on effective use of spectrum.  
(15) The results of the mandate to the CEPT should be made 
applicable in the European Union and implemented by 
the Member States from the moment they designate the 
800 MHz band for networks other than high-power 
broadcasting networks, given the urgency identified by 
the European Parliament, the Council and the RSPG as 
well as the increasing demand identified in studies at 
European and global levels for terrestrial electronic 
communications services providing broadband communi ­
cations.EN L 117/96 Official Journal of the European Union 11.5.2010  
( 1 ) OJ L 91, 7.4.1999, p. 10.  (  2 ) OJ L 390, 31.12.2004, p. 24.(16) While there is an urgent need to have common technical 
conditions for the efficient use of the 800 MHz band by 
systems capable of providing electronic communications 
services, in order to ensure that any action taken in the 
immediate future by one or more Member States does 
not diminish the benefit of a harmonised European 
approach, the timing has direct implications for the 
organisation of broadcasting services by Member States 
in their national territories.  
(17) Member States may decide individually whether and at 
what point in time they designate or make available the 
800 MHz band for networks other than high-power 
broadcasting networks, and this Decision is without 
prejudice to the use of the 800 MHz band for public 
order and public security purposes and defence in 
some Member States.  
(18) No deadline should be defined by the Commission by 
which the Member States must allow the use of the 
800 MHz band for systems capable of providing elec ­
tronic communications services; this will be decided if 
and when appropriate by the Parliament and Council, 
upon a proposal from the Commission.  
(19) The designation and making available of the 800 MHz 
band in accordance with the results of the mandate to 
the CEPT recognises the fact that there are other radio 
applications not covered by this Decision. In so far as 
coexistence with a radio application is not addressed in 
CEPT Reports 29, 30, 31 or 32, appropriate sharing 
criteria for coexistence may be based on national 
considerations.  
(20) Optimal use of the 800 MHz band in cases where neigh ­
bouring Member States or third countries have decided 
on different uses will require constructive coordination of 
cross-border transmissions with the objective of an inno ­
vative approach by all parties, taking into account the 
RSPG opinions of 19 June 2008 on spectrum issues 
concerning outer EU borders and of 18 September 
2009 on the digital dividend. Member States should 
have due regard for the need to coordinate with 
Member States that continue to avail of existing high- 
power broadcasting rights. They should also facilitate 
future reorganisation of the 800 MHz band to allow, in 
the long term, optimum use by low- and medium-power 
systems capable of providing electronic communications 
services. In the particular case of coexistence with aero ­
nautical radio navigation systems, which requires 
technical measures in addition to BEMs, Member States 
should develop bilateral or multilateral agreements.  
(21) The use of the 800 MHz band by other existing appli ­
cations in third countries can limit the introduction and use of this band for terrestrial systems capable of 
providing electronic communications services in several 
Member States, and this will have to be taken into 
account in any future decision to set a deadline by 
which the Member States must allow the use of the 
800 MHz band for such terrestrial systems. Information 
on such limitations will be notified to the Commission 
pursuant to Article 7 and Article 6(2) of the Radio 
Spectrum Decision and published in accordance with 
Article 5 of this Decision.  
(22) In order to ensure effective use of the 800 MHz band 
also in the longer term, administrations should continue 
to study solutions that may increase efficiency and inno ­
vative use. Such studies should be taken into account 
when considering a review of this Decision.  
(23) 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 aims to harmonise the technical conditions for 
the availability and efficient use of the 790-862 MHz band 
(800 MHz band) for terrestrial systems capable of providing 
electronic communications services in the European Union.  
Article 2  
1. When they designate or make available the 800 MHz 
band for networks other than high-power broadcasting 
networks, Member States shall do so, on a non-exclusive 
basis, for terrestrial systems capable of providing electronic 
communications services in compliance with the parameters 
set out in the Annex to this Decision.  
2. Member States shall ensure that systems referred to in 
paragraph 1 give appropriate protection to systems in 
adjacent bands.  
3. Member States shall facilitate cross-border coordination 
agreements with the aim of enabling the operation of systems 
referred to in paragraph 1, taking into account existing regu ­
latory procedures and rights.  
4. Member States shall not be bound to implement the obli ­
gations under this Decision in geographic areas where spectrum 
coordination with third countries requires a deviation from the 
parameters set out in the Annex to this Decision, provided that 
they notify the relevant information to the Commission, 
including the affected geographic areas, and publish it 
pursuant to Radio Spectrum Decision. Member States shall 
make all practicable efforts to resolve such deviations and 
inform the Commission thereof.EN 11.5.2010 Official Journal of the European Union L 117/97Article 3  
Member States shall keep the use of the 800 MHz band under scrutiny and report their findings to the 
Commission upon request. The Commission shall, were appropriate, proceed to a review of this Decision.  
Article 4  
This Decision is addressed to the Member States.  
Done at Brussels, 6 May 2010.  
For the Commission  
Neelie KROES  
Vice-PresidentEN L 117/98 Official Journal of the European Union 11.5.2010ANNEX  
PARAMETERS REFERRED TO IN ARTICLES  
The technical conditions presented in this Annex are in the form of frequency arrangements and block-edge masks 
(BEMs). A BEM is an emission mask that is defined, as a function of frequency, relative to the edge of a block of spectrum 
for which rights of use are granted to an operator. It consists of in-block and out-of-block components which specify the 
permitted emission levels over frequencies inside and outside the licensed block of spectrum, respectively.  
The BEM levels are built up by combining the values listed in the tables below in such a way that the limit at any 
frequency is given by the highest (least stringent) value of (a) the baseline requirements, (b) the transition requirements, 
and (c) the in-block requirements (where appropriate). The BEMs are presented as upper limits on the mean equivalent 
isotropically radiated power (EIRP) or total radiated power (TRP) (  1 ) over an averaging time interval, and over a 
measurement frequency bandwidth. In the time domain, the EIRP or TRP is averaged over the active portions of 
signal bursts and corresponds to a single power control setting. In the frequency domain, the EIRP or TRP is determined 
over the measurement bandwidth specified in the following tables (  2 ). In general, and unless stated otherwise, the BEM 
levels correspond to the power radiated by the relevant device irrespective of the number of transmit antennas, except in 
the case of transition requirements for base stations, which are specified per antenna.  
BEMs shall be applied as an essential component of the technical conditions necessary to ensure coexistence between 
services at national level. However, it should be understood that the derived BEMs do not always provide the required 
level of protection of victim services and additional mitigation techniques would need to be applied in a proportionate 
manner at national level in order to resolve any remaining cases of interference.  
Member States shall also ensure that operators of terrestrial systems capable of providing electronic communications 
services in the 800 MHz band can use less stringent technical parameters than those set out below provided that the use 
of these parameters is agreed among all affected parties and that these operators continue to comply with the technical 
conditions applicable for the protection of other services, applications or networks and with obligations resulting from 
cross-border coordination.  
Equipment operating in this band may also make use of power limits other than those set out below provided that 
appropriate mitigation techniques are applied which comply with Directive 1999/5/EC and which offer at least an 
equivalent level of protection to that provided by these technical parameters.  
The term block edge refers to the frequency boundary of an authorised right of use. The term band edge refers to the 
boundary of a range of frequencies designated for a certain use.  
A. General parameters  
1. Within the band 790-862 MHz the frequency arrangement shall be as follows:  
(a) the assigned block sizes shall be in multiples of 5 MHz;  
(b) the duplex mode of operation shall be FDD with the following arrangements. The duplex spacing shall be 41 MHz 
with base station transmission (down link) located in the lower part of the band starting at 791 MHz and finishing 
at 821 MHz and terminal station transmission (up link) located in the upper part of the band starting at 832 MHz 
and finishing at 862 MHz.  
2. Notwithstanding Part A(1), but provided the technical conditions of Part B and Part C of this Annex are applied, 
Member States may implement alternative frequency arrangements with the aim of (a) achieving general interest 
objectives, (b) ensuring greater efficiency through market-based spectrum management, (c) ensuring greater efficiency 
when sharing with existing rights of use during a coexistence period, or (d) avoiding interference.  
B. Technical conditions for FDD or TDD base stations (BS)  
1. In-block limits:  
An in-block EIRP limit for base stations is not obligatory. However, Member States may set limits and, unless 
otherwise justified, such limits would normally lie within the range 56 dBm/5 MHz to 64 dBm/5 MHz.  
2. Out-of-block limits:EN 11.5.2010 Official Journal of the European Union L 117/99  
( 1 ) TRP is a measure of how much power the antenna actually radiates. The TRP is defined as the integral of the power transmitted  in 
different directions over the entire radiation sphere.  
( 2 ) The actual measurement bandwidth of the measurement equipment used for purposes of compliance testing may be smaller than the  
measurement bandwidth provided in the tables.Table 1  
Baseline requirements — BS BEM out-of-block EIRP limits  
Frequency range of out-of-block emissions  Maximum mean out-of-block EIRP  Measurement bandwidth  
Frequencies used for FDD uplink  – 49,5 dBm  5 MHz  
Frequencies used for TDD  – 49,5 dBm  5 MHz  
Table 2  
Transition requirements — BS BEM out-of-block EIRP limits per antenna  ( 3 ) over frequencies of FDD 
downlink and TDD  
Frequency range of out-of-block emissions  Maximum mean out-of-block EIRP  Measurement bandwidth  
– 10 to – 5 MHz from lower block edge  18 dBm  5 MHz  
– 5 to 0 MHz from lower block edge  22 dBm  5 MHz  
0 to + 5 MHz from upper block edge  22 dBm  5 MHz  
+ 5 to + 10 MHz from upper block edge  18 dBm  5 MHz  
Remaining FDD downlink frequencies  11 dBm  1 MHz  
Table 3  
Transition requirements — BS BEM out-of-block EIRP limits per antenna  ( 4 ) over frequencies used as guard 
band  
Frequency range of out-of-block emissions  Maximum mean out-of-block EIRP  Measurement Bandwidth  
Guard band between broadcasting band edge at 
790 MHz and FDD downlink band edge (  1 ) 17,4 dBm  1 MHz  
Guard band between broadcasting band edge at 
790 MHz and TDD band edge  15 dBm  1 MHz  
Guard band between FDD downlink band edge 
and FDD uplink band edge (duplex gap) (  2 ) 15 dBm  1 MHz  
Guard band between FDD downlink band edge 
and TDD band edge  15 dBm  1 MHz  
Guard band between FDD uplink band edge and 
TDD band edge  15 dBm  1 MHz  
( 1 ) 790 MHz to 791 MHz for the frequency arrangement described in Part A(1). 
( 2 ) 821 MHz to 832 MHz for the frequency arrangement described in Part A(1).  
___________  
( 3 ) For one to four antennas.  
( 4 ) See footnote 3.EN L 117/100 Official Journal of the European Union 11.5.2010Table 4  
Baseline requirements — BS BEM out-of-block EIRP limits over frequencies below 790 MHz  
Case  Condition on base station in- 
block EIRP, P 
dBm/10 MHz  Maximum mean out-of- 
block EIRP  Measurement bandwidth  
A For TV channels where broad ­
casting is protected  P ≥ 59 0 dBm  8 MHz  
36 ≤ P < 59  (P – 59) dBm  8 MHz  
P < 36  – 23 dBm  8 MHz  
B For TV channels where broad ­
casting is subject to an inter ­
mediate level of protection  P ≥ 59 10 dBm  8 MHz  
36 ≤ P < 59  (P – 49) dBm  8 MHz  
P < 36  – 13 dBm  8 MHz  
C For TV channels where broad ­
casting is not protected  No conditions  22 dBm  8 MHz  
Cases A, B, and C listed in Table 4 can be applied per broadcasting channel and/or per region so that the same 
broadcasting channel may have different levels of protection in different geographic areas and different broadcasting 
channels may have different levels of protection in the same geographic area. Member States shall apply the baseline 
requirement in case A in circumstances where digital terrestrial broadcasting channels are in use at the time of 
deployment of terrestrial systems capable of providing electronic communications services. Member States may 
apply the baseline requirements in cases A, B or C in circumstances where the relevant broadcasting channels are 
not in use at the time of deployment of terrestrial systems capable of providing electronic communications services. 
They shall take into account that cases A and B reserve the option of bringing relevant broadcasting channels into use 
for digital terrestrial broadcasting at a future date, while case C is appropriate where there are no plans to bring the 
relevant broadcasting channels into use.  
C. Technical conditions for FDD or TDD terminal stations (TS)  
Table 5  
In-block requirements — TS BEM in-block emission limit over frequencies of FDD uplink and TDD  
Maximum mean in-block power  23 dBm (  1 ) 
( 1 ) This power limit is specified as EIRP for terminal stations design ed to be fixed or installed and as TRP for terminal station s designed to 
be mobile or nomadic. EIRP and TRP are equivalent for isotropic antennas. It is recognised that this value is subject to a tole rance of up 
to + 2 dB, to take account of operation under extreme environmental conditions and production spread.  
Member States may relax the limit in Table 5 for specific deployments, e.g. fixed terminal stations in rural areas, provided 
that protection of other services, networks and applications is not compromised and cross-border obligations are fulfilled.EN 11.5.2010 Official Journal of the European Union L 117/101