COMMISSION DECISION
of 21 May 2008
on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of
providing electronic communications services in the Community
(notified under document number C(2008) 1873)
(Text with EEA relevance)
(2008/411/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Decision No 676/2002/EC of the European
Parliament and of the Council of 7 March 2002 on a regulatoryframework for radio spectrum policy in the EuropeanCommunity (Radio Spectrum Decision) (
1), and in particular
Article 4(3) thereof,
Whereas:
(1) The Commission has supported a more flexible use of
spectrum in its Communication on ‘Rapid access to
spectrum for wireless electronic communicationsservices through more flexibility ’(
2), which, inter alia ,
addresses the 3 400-3 800 MHz band. Technologicalneutrality and service neutrality have been underlinedby Member States in the Radio Spectrum Policy Group(RSPG) opinion on Wireless Access Policy for ElectronicCommunications Services (WAPECS) of 23 November2005 as important policy goals to achieve a moreflexible use of spectrum. Moreover, according to thisopinion, these policy goals should not be introducedabruptly, but in a gradual manner to avoid disruptionof the market.
(2) The designation of the 3 400-3 800 MHz band for fixed,nomadic and mobile applications is an importantelement addressing the convergence of the mobile,fixed and broadcasting sectors and reflecting technicalinnovation. The services provided in this frequencyband should mainly target end-user access tobroadband communications.
(3) It is expected that the wireless broadband electroniccommunications services for which the 3 400 –3 800
MHz band is to be designated will to a large extent bepan-European in the sense that users of such electroniccommunications service in one Member State could also
gain access to equivalent services in any other MemberState.
(4) Pursuant to Article 4(2) of Decision No 676/2002/EC,the Commission gave a mandate dated 4 January 2006to the European Conference of Postal and Telecommuni-cations Administrations (hereinafter the CEPT) to identify
the conditions relating to the provision of harmonised
radio frequency bands in the EU for Broadband WirelessAccess (BWA) applications.
(5) In response to that Mandate, the CEPT issued a report(CEPT Report 15) on BWA, which concludes that thedeployment of fixed, nomadic and mobile networks istechnically feasible within the 3 400-3 800 MHzfrequency band under the technical conditionsdescribed in the Electronic Communications Committee'sDecision ECC/DEC/(07)02 and RecommendationECC/REC/(04)05.
(6) The results of the Mandate to the CEPT should be madeapplicable in the Community and implemented by theMember States without delay given the market demandfor the introduction of terrestrial electronic communi-cation services providing broadband access in thesebands. Taking into account the differences in currentuse and in market demand for the 3 400-3 600 MHzand 3 600-3 800 MHz sub-bands at national levela different deadline should be established for thedesignation and availability of the two sub-bands.
(7) The designation and making available of the 3 400-3 800 MHz band in accordance with the results of theMandate on BWA recognises the fact that there are otherexisting applications within these bands and does notpreclude the future use of these bands by othersystems and services to which these bands are allocated
in accordance with the ITU Radio Regulations
(designation on a non-exclusive basis). Appropriatesharing criteria for coexistence with other systems andservices in the same and adjacent bands have beendeveloped in ECC Report 100. This report confirms,inter alia , that sharing with satellite services is often
feasible considering the extent of their deployment inEurope, geographical separation requirements and case-by-case evaluation of actual terrain topography.EN 4.6.2008 Official Journal of the European Union L 144/77
(1) OJ L 108, 24.4.2002, p. 1.
(2) COM(2007) 50.(8) Block Edge Masks (BEM) are technical parameters that
apply to the entire block of spectrum of a specificuser, irrespective of the number of channels occupiedby the user's chosen technology. These masks areintended to form part of the authorisation regime forspectrum usage. They cover both emissions within theblock of spectrum (i.e. in-block power) as well asemissions outside the block (i.e. out-of-block emission).
They are regulatory requirements aimed at managing the
risk of harmful interference between neighbouringnetworks and are without prejudice to limits set inequipment standards under Directive 1999/5/EC of theEuropean Parliament and of the Council of 9 March1999 on radio equipment and telecommunicationsterminal equipment and the mutual recognition of theirconformity (
1) (the R&TTE Directive).
(9) Harmonisation of technical conditions for the availabilityand efficient use of spectrum does not cover assignment,licensing procedures and timing, nor the decisionwhether to use competitive selection procedures for theassignment of radio frequencies, which will be organisedby Member States in line with Community law.
(10) Differences in the national legacy situations could resultin competitive distortions. The existing regulatoryframework gives Member States the tools to deal withthese problems in a proportionate, non-discriminatory
and objective manner, subject to Community law
including Directive 2002/20/EC of the EuropeanParliament and of the Council of 7 March 2002 onthe authorisation of electronic communicationsnetworks and services (Authorisation Directive) (
2) and
Directive 2002/21/EC of the European Parliament andof the Council of 7 March 2002 on a common regu-latory framework for electronic communicationsnetworks and services (Framework Directive) (
3).
(11) The use of the 3 400-3 800 MHz band by other existingapplications in third countries can limit the introductionand use of this band by electronic communicationsnetworks in several Member States. Information onsuch limitations should be notified to the Commissionpursuant to Articles 7 and 6(2) of Decision No676/2002/EC and published in accordance withArticle 5 of Decision No 676/2002/EC.
(12) In order to ensure effective use of the 3 400-3 800 MHzband also in the longer term, administrations should
continue with studies that may increase efficiency and
innovative use, such as meshed network architectures.Such studies should be taken into account whenconsidering a review of this Decision.(13) The measures provided for in this Decision are inaccordance with the opinion of the Radio SpectrumCommittee,
HAS ADOPTED THIS DECISION:
Article 1
This Decision aims at harmonising, without prejudice to the
protection and continued operation of other existing use inthis band, the conditions for the availability and efficient useof the 3 400-3 800 MHz band for terrestrial systems capable ofproviding electronic communications services.
Article 2
1. No later than six months after entry into force of this
Decision Member States shall designate and make available,on a non-exclusive basis, the 3 400-3 600 MHz band forterrestrial electronic communications networks, in compliancewith the parameters set out in the Annex to this Decision.
2. By 1 January 2012 Member States shall designate and
subsequently make available, on a non-exclusive basis, the3 600-3 800 MHz band for terrestrial electronic communi-
cations networks, in compliance with the parameters set out
in the Annex to this Decision.
3. Member States shall ensure that networks referred to in
paragraphs 1 and 2 give appropriate protection to systems inadjacent bands.
4. Member States shall not be bound to implement the obli-
gations under this Decision in geographical areas where coordi-nation with third countries requires a deviation from the para-meters in the Annex to this Decision.
Member States shall make all practicable efforts to solve such
deviations, which they shall notify to the Commission, includingthe affected geographical areas, and publish the relevant infor-mation pursuant to Decision No 676/2002/EC.
Article 3
Member States shall allow the use of the 3 400-3 800 MHz
band in accordance with Article 2 for fixed, nomadic andmobile electronic communications networks.EN L 144/78 Official Journal of the European Union 4.6.2008
(1) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC)
No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(2) OJ L 108, 24.4.2002, p. 21.
(3) OJ L 108, 24.4.2002, p. 33. Directive as amended by Regulation
(EC) No 717/2007 (OJ L 171, 29.6.2007, p. 32).Article 4
Member States shall keep the use of the 3 400-3 800 MHz band under scrutiny and report their findings to
the Commission to allow regular and timely review of the Decision.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 21 May 2008.
For the Commission
Viviane REDING
Member of the CommissionEN 4.6.2008 Official Journal of the European Union L 144/79ANNEX
PARAMETERS REFERRED TO IN ARTICLE 2
The following technical parameters called block edge mask (BEM) are an essential component of conditions necessary to
ensure coexistence in the absence of bilateral or multilateral agreements between neighbouring networks. Less stringent
technical parameters, if agreed among the operators of such networks, can also be used. Equipment operating in this bandmay also make use of e.i.r.p. (
1) 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 (2).
A) LIMITS FOR IN-BLOCK EMISSIONS
Table 1
E.i.r.p. spectral density limits for fixed and nomadic deployments between 3 400 and 3 800 MHz
Station typeMaximum e.i.r.p. spectral density
(dBm/MHz)
(including tolerances and automatic transmitter power control
(ATPC) range)
Central station (and repeater station downlinks) + 53 (1)
Terminal station outdoor (and repeater station uplinks) + 50
Terminal station (indoor) + 42
(1) The central station e.i.r.p. spectral density value given in the table is considered suitable for conventional 90 degrees sectorial antennas.
Table 2
E.i.r.p. spectral density limits for mobile deployments between 3 400 and 3 800 MHz
Station typeMaximum e.i.r.p. spectral density
(dBm/MHz)
(Minimum ATPC range: 15 dB)
Central station + 53 (1)
Terminal station + 25
(1) The central station e.i.r.p. spectral density value given in the table is considered suitable for conventional 90 degrees sectorial antennas.EN L 144/80 Official Journal of the European Union 4.6.2008
(1) Equivalent isotropically radiated power.
(2) The generic technical conditions applicable to fixed and nomadic networks are described in Harmonised Standards EN 302 326-2 and
EN 302 326-3, which also include definitions for a central station and a terminal station. The term central station may be consideredequivalent to the term base station in the context of mobile cellular networks.B) LIMITS FOR OUT-OF-BLOCK EMISSIONS (BLOCK EDGE MASK FOR CENTRAL STATIONS)
Figure
Central station out-of-block emissions
Frequency offsetDefinition
(% of the size of the assigned block)
A2 0 %
B3 5 %
NB: The percentages given in the ‘Definition ’column refer to the smaller of adjacent blocks, if blocks are of unequal size.
Table
Tabular description of central station block edge mask
Frequency offsetCentral station transmitter output power density limits
(dBm/MHz)
In-band (within assigned block) See Tables 1 and 2
ΔF=0 –6
0<ΔF<A –6–41·(ΔF/A)
A –47
A<ΔF<B –47 –12·((ΔF–A)/(B –A))
ΔF≥B –59EN 4.6.2008 Official Journal of the European Union L 144/81