# Commission Implementing Decision of 2 May 2014 on amending Decision 2008/411/EC on the harmonisation of the 3400-3800 MHz            frequency band for terrestrial systems capable of providing electronic communications services in the Community (notified            under document C(2014) 2798) (Text with EEA relevance) (2014/276/EU)         

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U.K.

# Commission Implementing Decision

# of 2 May 2014

# on amending Decision 2008/411/EC 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 C(2014) 2798)*

# (Text with EEA relevance)

# (2014/276/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)Commission Decision 2008/411/EC(2) harmonises the technical conditions for using the spectrum in the 3 400-3 800 MHz frequency band for the terrestrial provision                              of electronic communications services throughout the Union mainly targeting wireless broadband services for end-users.

(2)Decision No 243/2012/EU of the European Parliament and the Council(3) establishes a multiannual Radio Spectrum Policy Programme (RSPP) and sets the objective of promoting wider availability of                              wireless broadband services for the benefit of citizens and consumers in the Union. The RSPP requires Member States to foster                              the ongoing upgrade, by providers of electronic communications, of their networks to the latest, most efficient technology,                              in order to create their own dividends in line with the principles of service and technology neutrality.

(3)Article 6(2) of Decision No 243/2012/EU requires Member States to make available the 3 400-3 800 MHz frequency band under                              the terms and conditions of Decision 2008/411/EC and, subject to market demand, to authorise the use of this band by 31 December                              2012 without prejudice to existing deployments of services and under conditions that allow consumers easy access to wireless                              broadband services.

(4)The 3 400-3 800 MHz frequency band offers significant potential for deploying dense and high-speed wireless broadband networks                              to provide innovative electronic communications services to end users. The use of this frequency band for wireless broadband                              should contribute to the economic and social policy objectives of the Digital Agenda for Europe.

(5)Pursuant to Article 4(2) of Decision No 676/2002/EC, the Commission gave a mandate on 23 March 2012 to the European Conference                              of Postal and Telecommunications Administrations (CEPT) to develop technical conditions for spectrum use in the 3 400-3 800                              MHz frequency band with a view to accommodating developments in wireless broadband access technology, in particular large                              channel bandwidths, while ensuring efficient spectrum use.

(6)In response to that mandate, on 8 November 2013 the CEPT issued a report (CEPT Report 49) on the technical conditions of spectrum                              harmonisation for terrestrial wireless systems in the 3 400-3 800 MHz frequency band. It includes the results of studies on                              the least restrictive technical conditions (such as block edge mask), frequency arrangements and principles for co-existence                              and coordination between wireless broadband and existing spectrum uses. The results on a block edge mask and the principles                              on coordination in CEPT Report 49 were developed on the basis of the Electronic Communications Committee (ECC) Report 203.

(7)The results of the Commission mandate to the CEPT should be applied across the Union and implemented by Member States without                              delay, given the rapidly growing market demand for high-speed wireless broadband services and the current low level of use                              of the 3 400-3 800 MHz frequency band for wireless broadband services.

(8)Spectrum users providing wireless broadband services would benefit from uniform technical conditions across the whole frequency                              range, which would ensure availability of equipment and coherent coordination between networks of different operators. To                              this end, a preferred channelling arrangement for the 3 400-3 600 MHz frequency band should be set out based on the results                              of CEPT Report 49, while observing the principle of technology and service neutrality.

(9)The legal framework for using the 3 400-3 800 MHz frequency band set by Decision 2008/411/EC should remain unchanged and thus                              ensure continued protection of other existing services within the band. In particular, fixed satellite systems (FSS) including                              earth stations would require continued protection through appropriate coordination between such systems and wireless broadband                              networks and services by national authorities on a case-by-case basis.

(10)Spectrum use by wireless broadband service providers and other existing services using the 3 400-3 800 MHz band, in particular                              FSS earth stations, would need to be coordinated based on guidance, best practices and the coordination principles set out                              in CEPT Report 49. These principles cover coordination processes, exchange of information, minimisation of reciprocal constraints                              and bilateral agreements for rapid cross border coordination, where terrestrial wireless broadband network base stations and                              FSS earth stations are located on the territories of different Member States.

(11)Given the frequency propagation characteristics of the 3 400-3 800 MHz frequency band and the harmonised technical conditions                              in place, the protection of existing uses would benefit from certain preferred configurations for the deployment of wireless                              broadband networks and services. These configurations include, but are not limited to, small cells, fixed wireless access,                              backhaul links in wireless broadband access networks or combinations thereof.

(12)While this Decision should be without prejudice to the protection and continued operation of other existing use in the bands,                              the new harmonised technical conditions should also apply, to the extent necessary, to existing spectrum usage rights in the                              3 400-3 800 MHz frequency band so as to ensure technical compatibility between existing and new users of the band, efficient                              spectrum use and avoidance of harmful interference, including across borders between Union Member States.

(13)Cross-border agreements may be necessary to ensure the implementation by Member States of the parameters set by this Decision                              so as to avoid harmful interference and improve spectrum efficiency and convergence in spectrum use.

(14)The technical conditions of spectrum harmonisation for terrestrial wireless systems in the 3 400-3 800 MHz frequency band                              provided in CEPT Report 49 do not ensure compatibility with certain existing rights of use for such systems in this band in                              the Union. Therefore, existing spectrum users should be given appropriate time to apply the technical conditions of CEPT Report                              49 without limiting access to spectrum in this band for users who comply with the technical conditions of CEPT Report 49 and                              national administrations the flexibility to defer the implementation of the technical conditions of this Decision depending                              on market demand.

(15)Decision 2008/411/EC should therefore be amended accordingly.

(16)The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Decision 2008/411/EC is amended as follows:

Article 2 is replaced by the following:

# ‘Article 2

1.Without prejudice to the protection and continued operation of other existing use in this band, Member States shall designate                                    and subsequently make available, on a non-exclusive basis the 3 400-3 800 MHz frequency band for terrestrial electronic communications                                    networks, in compliance with the parameters set out in the Annex. Moreover, Member States need not apply the parameters laid                                    down in the Annex in respect of rights of use for terrestrial electronic communications networks in the 3 400-3 800 MHz frequency                                    band existing at the date of adoption of this decision, to the extent that the exercise of those rights does not prevent the                                    use of that band according to the Annex.                           

2.Member States shall ensure that networks referred to in paragraph 1 give appropriate protection to systems in adjacent bands.                           

3.Member States shall not be bound to implement the obligations under this Decision in geographical areas where coordination                                    with third countries requires a deviation from the parameters in the Annex.                           

Member States shall make all practicable efforts to solve such deviations, which they shall notify to the Commission, including                                 the affected geographical areas, and publish the relevant information pursuant to Decision No 676/2002/EC.’;                           

In Article 3, the following subparagraph is added:

‘Member States shall facilitate cross-border coordination agreements with the aim of enabling the operation of those networks,                                 taking into account existing regulatory procedures and rights.’;                           

The following Article 4a is inserted:

# ‘Article 4a

Member States shall apply the conditions laid down in the Annex on 30 June 2015 at the latest.                           

Member States shall report on the application of this Decision on 30 September 2015 at the latest.’;                           

The Annex is replaced by the text in the Annex to this Decision.

# Article 2U.K.

This Decision is addressed to the Member States.

Done at Brussels, 2 May 2014.

*For the Commission*                            

Neelie Kroes                            

*Vice-President*                            

## ANNEXU.K.

### “ANNEXPARAMETERS REFERRED TO IN ARTICLE 2

#### A.GENERAL PARAMETERSU.K.

##### 1.The preferred duplex mode of operation in the 3 400-3 600 MHz sub-band shall be Time Division Duplex (TDD).U.K.

##### 2.Member States may alternatively implement Frequency Division Duplex (FDD) mode of operation in the 3 400-3 600 MHz sub-band                        for the purpose of:U.K.

ensuring greater efficiency of spectrum use, such as when sharing with existing rights of use during a co-existence period                              or implementing market-based spectrum management; or                           

protecting existing uses or avoiding interference; or

coordination with non-EU countries.

Where the FDD mode of operation is implemented, the duplex spacing shall be 100 MHz with terminal station transmission (FDD                     uplink) located in the lower part of the band starting at 3 410 MHz and finishing at 3 490 MHz and base station transmission                     (FDD downlink) located in the upper part of the band starting at 3 510 MHz and finishing at 3 590 MHz.                  

##### 3.The duplex mode of operation in the 3 600-3 800 MHz sub-band shall be Time Division Duplex.U.K.

##### 4.The assigned block sizes shall be in multiples of 5 MHz. The lower frequency limit of an assigned block shall be aligned with                        or spaced at multiples of 5 MHz from the relevant sub-band edge(4). Depending on the duplex mode of operation the relevant sub-band edges are: 3 400 MHz and 3 600 MHz for TDD; 3 410 MHz and                        3 510 MHz for FDD.U.K.

##### 5.Base station and terminal station transmission within the 3 400-3 800 MHz band shall be in compliance with the Block Edge                        Mask in this Annex.U.K.

#### B.TECHNICAL CONDITIONS FOR BASE STATIONS — BLOCK EDGE MASKU.K.

The following technical parameters for base stations called block edge mask (BEM) are an essential component of conditions                     necessary to ensure coexistence between neighbouring networks in the absence of bilateral or multilateral agreements between                     operators of such neighbouring networks. Less stringent technical parameters, if agreed among the operators of such networks,                     may also be used.                  

The BEM consists of several elements given in Table 1, both for the 3 400-3 600 MHz and the 3 600-3 800 MHz sub-band. The                     baseline power limit, designed to protect the spectrum of other operators, and the transitional region power limits, enabling                     filter roll-off from the in-block to the baseline power limit represent out-of-block elements. The guard bands apply only                     in the case of using FDD in the 3 400-3 600 MHz sub-band. The BEM is applicable to base stations with different power levels                     (typically referred to as macro, micro, pico and femto base stations(5)).                  

Tables 2 to 6 contain the power limits for the different BEM elements. The in-block power limit is applied to a block owned                     by an operator. Power limits are provided also for guard bands and for the protection of radar operation below 3400 MHz.                  

The frequency ranges in Tables 1 to 6 depend on the duplex mode chosen for the 3 400-3 600 MHz sub-band (TDD or alternatively                     FDD). PMax is the maximum carrier power for the base station in question, measured as EIRP(6). Synchronized operation means operation of TDD in two different networks where no simultaneous uplink and downlink transmissions                     occur, as defined in applicable standards.                  

To obtain a BEM for a specific block, the BEM elements that are defined in Table 1 are combined in the following steps:

In-block power limit is used for the block assigned to the operator.

Transitional regions are determined, and corresponding power limits are used. The transitional regions may overlap with guard                              bands, in which case transitional region power limits are used.                           

For the remaining spectrum assigned to FDD or TDD, baseline power limits are used.

For the remaining guard band spectrum, guard band power limits are used.

For spectrum below 3 400 MHz, one of the additional baseline power limits is used.

The Figure provides an example of the combination of different BEM elements.

In the case of unsynchronized TDD networks, the compliance of two adjacent operators with the BEM requirements could be achieved                     by introducing frequency separation (e.g. through the authorisation process at national level) between the block edges of                     both operators. As another option, the so-called restricted blocks may be introduced for two adjacent operators which would                     require them to limit the power level used in the upper- or lowermost portions of their assigned spectrum blocks(7).                  

##### *Table 1*

**Definition of BEM elements**

##### *Table 2*

**In-block power limit**

##### *Explanatory note to Table 2*U.K.

For femto base stations, power control should be applied to minimize interference to adjacent channels. The requirement on                     power control for femto base stations results from the need to reduce interference from equipment that may be deployed by                     consumers and may thus not be coordinated with surrounding networks.                  

##### *Table 3*

**Baseline power limits**

##### *Explanatory note to Table 3*U.K.

The baseline for FDD downlink and synchronised TDD is expressed by combining attenuation relative to the maximum carrier power                     with a fixed upper limit. The stricter of the two requirements applies. The fixed level provides an upper bound on the interference                     from a base station. When two TDD blocks are synchronized, there will be no interference between base stations. In this case,                     the same baseline as for the FDD downlink region is used.                  

The baseline power limit for FDD uplink and unsynchronised TDD is expressed as a fixed limit only.

##### *Table 4*

**Transitional region power limits**

##### *Explanatory note to Table 4*U.K.

The transitional region power limits are defined to enable the reduction of power from the in-block level to the baseline                     or guard band levels. The requirements are expressed as attenuation relative to the maximum carrier power, combined with a                     fixed upper limit. The stricter of the two requirements applies.                  

##### *Table 5*

**Guard band power limits for FDD**

##### *Explanatory note to Table 5*U.K.

For the guard band 3 400-3 410 MHz, the power limit is chosen to be the same as the baseline in the adjacent FDD uplink (3                     410-3 490 MHz). For the guard bands 3 500-3 510 MHz and 3 590-3 600 MHz, the power limit is chosen to be the same as the baseline                     in the adjacent FDD downlink (3 510-3 590 MHz). For the guard band 3 490-3 500 MHz, the power limit is based on the spurious                     emission requirement of – 30 dBm/MHz at the antenna port converted to 5 MHz bandwidth.                  

##### *Table 6*

**Base station additional baseline power limits for country specific cases**

##### *Explanatory note to Table 6*U.K.

The additional baseline power limits reflect the need for protection for military radiolocation in some countries. Cases A,                     B and C can be applied per region or country so that the adjacent band may have different levels of protection in different                     geographical areas or countries, depending on the deployment of the adjacent band systems. Other mitigation measures like                     geographical separation, coordination on a case-by-case basis or an additional guard band may be necessary for a TDD mode                     of operation. The additional baseline power limits given in Table 6 are applicable only to outdoor cells. In the case of an                     indoor cell, the power limits can be relaxed on a case by case basis. For terminal stations, other mitigation measures may                     be necessary such as geographical separation or an additional guard band for both the FDD and TDD mode of operation.                  

##### *Figure*

**Example for combining BEM elements for base stations for an FDD block starting at 3 510 MHza**

#### C.TECHNICAL CONDITIONS FOR TERMINAL STATIONSU.K.

##### *Table 7*

**In-block requirement — terminal station BEM in-block power limit**

Member States may relax the limit set out in Table 7 under certain circumstances, for example fixed terminal stations, provided                     that protection and continued operation of other existing use in the 3 400-3 800 MHz band is not compromised and cross-border                     obligations are fulfilled.”                  

1

OJ L 108, 24.4.2002, p. 1.                           

2

Commission Decision 2008/411/EC 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 (OJ L 144, 4.6.2008, p. 77).                           

3

Decision No 243/2012/EU of the European Parliament and the Council of 14 March 2012 establishing a multiannual radio spectrum                              policy programme (OJ L 81, 21.3.2012, p. 7).                           

4

If assigned blocks need to be offset to accommodate other existing users, a raster of 100 kHz must be used. Narrower blocks                              can be defined adjacent to other users, to allow efficient use of spectrum.                           

5

These terms are not uniquely defined and refer to cellular base stations with different power levels, which decrease in the                              following order: macro, micro, pico, femto, In particular, femto cells are small base stations with the lowest power levels,                              which are typically used indoors.                           

6

Equivalent Isotropic Radiated Power.

7

A recommended value for such limited power level is 4 dBm/5 MHz EIRP per cell applied to the upper- or lowermost 5 MHz of                              an operator's assigned spectrum block.