EN Official Journal of the European Union L 303/48

COMMISSION IMPLEMENTING DECISION

of 12 November 2013

amending Decision 2008/294/EC to include additional access technologies and frequency bands for mobile communications services on aircraft (MCA services)

(notified under document C(2013) 7491)

(Text with EEA relevance)

(2013/654/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 2008/294/EC (2) sets in its Annex technical and operational conditions necessary to allow the use of GSM on board aircraft.

(2) The development of enhanced means of communications supported by technical progress would improve the capacity for all citizens to be connected everywhere and at all time. It would also contribute to fulfilling the objectives of the Digital Agenda for Europe (3) and of the Europe 2020 strategy.

(3) In order to prepare for the use of the latest available technologies and frequencies for the provision of MCA services, the Commission gave a mandate on 5 October 2011 to the European Conference of Postal and Telecommunications Administrations (‘the CEPT’) pursuant to Article 4(2) of Decision No 676/2002/EC to assess technical compatibility between the operation of airborne UMTS systems and other feasible airborne technologies such as LTE or WiMax in frequency bands such as the 2 GHz and the 2,6 GHz band, and potentially affected radio services.

(4) Pursuant to that mandate, the CEPT provided its report on 8 March 2013. The CEPT Report 48 concluded that it would be possible to introduce, subject to the relevant technical conditions, UMTS and LTE technologies in the 2 100 MHz and 1 800 MHz bands, respectively. Therefore, the Annex to Decision 2008/294/EC should be amended, based on the results of the CEPT Report 48, to include these technologies and allow their use on board aircraft.

(5) This Decision should apply as soon as possible considering the increasing use of LTE and UMTS technologies in the Union.

(6) An appropriate protection by limiting the transmission power of the MCA services should be provided to existing potentially affected radio services. However, since the use of the upgraded network control unit (NCU) for the 2,6 GHz band would be delayed until the technical constraints are agreed by the competent aeronautical certification authorities to allow the start of the production of the NCUs and until airworthiness certification has been completed for each type of aircraft, the application of the NCU parameters for the 2,6 GHz band could be postponed until 1 January 2017.

(7) MCA technical specifications should continue to match technological progress.

(8) Decision 2008/294/EC should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2008/294/EC is replaced by the text in the Annex to this Decision.

Article 2

The values for the band 2 570-2 690 MHz set in Table 3 of the Annex to this Decision shall apply from 1 January 2017.

Article 3

As early as possible, and no later than six months following the entry into force of this Decision, the Member States shall make the frequency bands listed in Table 1 in the Annex available for MCA services on a non-interference and non-protected basis, provided such services meet the conditions set out in the Annex.

Article 4

The Member States shall set the minimum height above ground for any transmission from an MCA system in operation in accordance with Section 3 of the Annex.

Member States may impose greater minimum heights of MCA operation where justified by national topographical and ground network deployment conditions. This information, supported by appropriate justification, shall be notified to the Commission within four months of adoption of this Decision and shall be published in the Official Journal of the European Union.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 12 November 2013. For the Commission Neelie KROES Vice-President

(1) OJ L 108, 24.4.2002, p. 1.

(2) Commission Decision 2008/294/EC of 7 April 2008 on harmonised conditions of spectrum use for the operation of mobile communication services on aircraft (MCA services) in the Community (OJ L 98, 10.4.2008, p. 19).

(3) COM(2010) 245 final.