EN Official Journal of the European Union L 118/4

COMMISSION IMPLEMENTING DECISION (EU) 2016/687

of 28 April 2016

on the harmonisation of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services and for flexible national use in the Union

(notified under document C(2016) 2268)

(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 (the Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,

Whereas:

(1) In the multiannual radio spectrum policy programme (RSPP) adopted by Decision No 243/2012/EU (2), the European Parliament and the Council set the policy objective to identify at least 1 200 MHz of suitable spectrum to meet the increasing demand for wireless data traffic in the Union by 2015 (3). Furthermore, the RSPP empowered the Commission and the Member States in cooperation, to ensure spectrum availability for programme making and special events (PMSE) (4), for the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public protection and disaster relief (PPDR) (5), and for the ‘Internet of Things’ (IoT) (6). The Radio Spectrum Policy Group (RSPG) has adopted a report on strategic sectoral spectrum needs, which addresses, inter alia, the spectrum needs for PPDR, PMSE and the IoT (7).

(2) Spectrum in the 694-790 MHz frequency band (hereinafter ‘700 MHz frequency band’) is a valuable asset for deploying cost-efficient terrestrial wireless networks with high capacity and ubiquitous indoor and outdoor coverage. The Radio Regulations of the International Telecommunication Union contain allocations of the 700 MHz frequency band to the broadcasting and mobile (except aeronautical mobile) service on a co-primary basis and identifications of this band for International Mobile Telecommunications (IMT). This frequency band is currently used across the Union for digital terrestrial television (DTT) and wireless audio PMSE equipment.

(3) The Commission's strategy for the Digital Single Market (8) highlights the importance of the 700 MHz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band, while accommodating the specific needs of audiovisual media distribution, in order to encourage investment in high-speed broadband networks and facilitate the proliferation of advanced digital services.

(4) In its opinion on long-term strategy for the 470-790 MHz frequency band (9), the RSPG recommends a coordinated approach for repurposing the 700 MHz frequency band for wireless broadband electronic communications services including making this band available under harmonised technical conditions across the Union.

(5) On 11 March 2013, pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued to the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate to develop harmonised technical conditions for the 700 MHz frequency band in the Union for the provision of wireless broadband electronic communications services and other uses in support of the Union's spectrum policy priorities.

(6) On 28 November 2014 and 1 March 2016, in response to that mandate, CEPT issued its Reports 53 (10) and 60 (11). They provide the basis for technical harmonisation of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services, which allows for economies of scale for equipment in line with international developments in this band.

(7) CEPT Reports 53 and 60 also present options for using portions of the 700 MHz frequency band (the so-called duplex gap and/or guard bands), which can be decided by a Member State (‘national options’). One national option is supplemental downlink (SDL) which represents downlink-only (i.e. unidirectional) base station transmission for the provision of terrestrial wireless broadband electronic communications services, thereby addressing the problem of data traffic asymmetry by enhancing the downlink capability of such services. Other national options are PPDR, PMSE and M2M communications based on terrestrial systems capable of providing electronic communications services.

(8) Harmonised technical conditions would ensure take-up of the 700 MHz frequency band for high-speed terrestrial wireless broadband electronic communications services and other uses in line with spectrum policy priorities at Union level; they would foster the single market, mitigate harmful interference and facilitate frequency coordination.

(9) The 700 MHz frequency band should therefore be used for the provision of terrestrial wireless broadband electronic communications services based on a harmonised channelling arrangement (‘core arrangement’) and related common least restrictive technical conditions, whenever Member States designate it for use other than by high-power broadcasting networks. Member States may exceptionally and on an interim basis use for DTT services portions of the 700 MHz frequency band outside the core arrangement in order to facilitate the timely transition from terrestrial television broadcasting in the band, as appropriate in light of national circumstances for example in regard to modifying rights of use of spectrum for DTT services or simulcast arrangements in accordance with agreements between neighbouring Member States on managing cross-border interference risks.

(10) Member States should also have the flexibility to use portions of the 700 MHz frequency band in response to specific national needs. Besides terrestrial wireless broadband electronic communications services, this could also include use in line with the Union's sectoral spectrum policy priorities, in particular for PMSE, PPDR and the IoT and with the aim of ensuring efficient spectrum use. In this regard, the 790-791 MHz frequency band may also be used without prejudice to Commission Decision 2010/267/EU (12). Flexible harmonisation of spectrum availability within the 700 MHz frequency band to address these national needs based on a limited set of national options would help achieve economies of scale for equipment, as well as cross-border coordination, and should be limited to available frequency ranges and, where appropriate, a related duplex method and a channelling arrangement. Member States should decide on the implementation of national options as well as the appropriate combination of national options and organise their coexistence. Use of spectrum for national options should also ensure coexistence with terrestrial wireless broadband electronic communications services complying with the core arrangement.

(11) Terrestrial wireless broadband electronic communications services and national options in the 700 MHz frequency band should ensure appropriate protection of incumbent terrestrial television broadcasting services and wireless audio PMSE use below 694 MHz in line with their regulatory status. Additional measures may need to be applied at national level to manage mutual interference between wireless broadband electronic communications services and DTT services such as from wireless broadband electronic communications base station transmitters to DTT receivers, or from DTT broadcasting transmitters to wireless broadband electronic communications base station receivers, whereby appropriate mitigation techniques can be applied by mobile operators on a case-by-case basis.

(12) While measures under the Radio Spectrum Decision are without prejudice to the rights of Member States to organise and use spectrum for public order and public security purposes (namely PPDR) (13), such use would benefit from a common frequency range in order to ensure free circulation of devices and interoperable services in line with the RSPP policy objective on spectrum availability. Harmonised technical conditions for terrestrial wireless broadband electronic communications services would also allow, where needed and appropriate within the core arrangement, the deployment of broadband PPDR services that can make use of these technical conditions based on the assumption that the PPDR network has the same co-existence characteristics as terrestrial wireless broadband electronic communications networks. When making use of the designation for electronic communications services on a non-exclusive basis, Member States may also deploy PPDR when needed. In this regard, the RSPG Report on strategic sectoral spectrum needs recognises that spectrum needs for broadband PPDR services differ for each Member State and national solutions depend on political decisions, including on the method of conducting missions to ensure public safety and the related role of national authorities or public operators.

(13) CEPT Reports 53 and 60 refer to the need for a setup procedure for audio PMSE equipment, in order to ensure interference-free operation for the required quality of service. In order to improve the coexistence between indoor wireless audio PMSE equipment and mobile electronic communications networks using adjacent frequency bands, Member States should encourage, where feasible and necessary, the implementation of interference mitigation solutions such as those referred to in Commission Implementing Decision 2014/641/EU (14).

(14) Member States should conclude relevant bilateral cross-border agreements with other Member States and non-EU countries. Such agreements between Member States and non-EU countries may be necessary in relevant parts of Member States' territory to ensure implementation of harmonised parameters, avoidance of harmful interference and improvement of spectrum efficiency. The RSPG Report on the spectrum coordination approach for broadcasting in the case of a reallocation of the 700 MHz band (15) sets out technical conditions and principles for cross-border coordination between terrestrial wireless broadband electronic communications services and terrestrial television broadcasting, including with non-EU countries.

(15) Member States should report to the Commission on the implementation of this Decision and the use of the 700 MHz frequency band, in particular with a view to adapting it to future developments in wireless systems (such as in the context of 5G or the IoT), which may affect its use for terrestrial wireless broadband electronic communications services and national options. This will facilitate assessing its impact at EU level as well as its timely review, if and when necessary.

(16) 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 harmonises the technical conditions for the availability and efficient use of the 694-790 MHz (‘700 MHz’) frequency band in the Union for terrestrial systems capable of providing wireless broadband electronic communications services. It aims also to facilitate flexible national use in response to specific national needs in accordance with RSPP spectrum policy priorities. The harmonised conditions for the 790-791 MHz frequency band under this Decision shall apply without prejudice to the provisions of Decision 2010/267/EU.

Article 2

For the purposes of this Decision the following definitions shall apply:

1. ‘wireless audio PMSE equipment’ means radio equipment used for transmission of analogue or digital audio signals between a limited number of transmitters and receivers, such as radio microphones, in-ear monitor systems or audio links, used mainly for the production of broadcast programmes or private or public social or cultural events;

2. ‘public protection and disaster relief (PPDR) radio communications’ means radio applications used for public safety, security and defence used by national authorities or relevant operators responding to the relevant national needs in regard to public safety and security including in emergency situations;

3. ‘machine-to-machine (M2M) radio communications’ means radio links for the purpose of relaying information between physical or virtual entities that build a complex ecosystem including the internet of Things; such radio links may be realised through electronic communications services (e.g. based on cellular technologies) or other services, based on licensed or unlicensed use of spectrum.

Article 3

1. When Member States designate and make available the 700 MHz frequency band for use other than high-power broadcasting networks, they shall:

(a) designate and make available the 703-733 MHz and 758-788 MHz frequency bands, on a non-exclusive basis, for terrestrial systems capable of providing wireless broadband electronic communications services in compliance with the parameters set out in Sections A.1, B and C of the Annex;

(b) subject to national decisions and choice, designate and make available the portions of the 700 MHz frequency band other than those referred to in paragraph 1(a), for use in compliance with the parameters set out in Sections A.2 to A.5 of the Annex.

2. Member States shall facilitate coexistence among different uses referred to in paragraph 1.

Article 4

Member States shall ensure that the systems referred to in Article 3(1)(a) and (b) give appropriate protection to existing systems in the adjacent 470-694 MHz band, namely digital terrestrial television broadcasting services and wireless audio PMSE equipment in accordance with their regulatory status.

Article 5

Member States shall facilitate cross-border coordination agreements with the aim of enabling operation of the systems referred to in Article 3(1)(a) and, where appropriate, of those referred to in Article 3(1)(b), taking into account existing regulatory procedures and rights as well as relevant international agreements.

Article 6

Member States shall monitor the use of the 700 MHz frequency band and report their findings to the Commission upon request or at their own initiative in order to allow timely review of this Decision, as appropriate.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 28 April 2016. For the Commission Günther OETTINGER Member of the Commission

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

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

(3) Article 3(b), RSPP.

(4) Article 8(5), RSPP.

(5) Article 8(3), RSPP.

(6) Article 8(6), RSPP.

(7) Document RSPG13-540rev2.

(8) See: http://ec.europa.eu/priorities/digital-single-market/index_en.htm

(9) Document RSPG 15-595 final; link: http://rspg-spectrum.eu/wp-content/uploads/2013/05/RSPG15-595_final-RSPG_opinion_UHF.pdf

(10) Link to CEPT Report 53: http://www.erodocdb.dk/Docs/doc98/official/pdf/CEPTREP053.PDF

(11) Link to CEPT Report 60: http://www.erodocdb.dk/Docs/doc98/official/pdf/CEPTREP060.PDF

(12) Commission Decision 2010/267/EU 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 (OJ L 117, 11.5.2010, p. 95).

(13) Article 1(4) of the Radio Spectrum Decision.

(14) Commission Implementing Decision 2014/641/EU of 1 September 2014 on harmonised technical conditions of radio spectrum use by wireless audio programme making and special events equipment in the Union (OJ L 263, 3.9.2014, p. 29).

(15) Document RSPG13-524 rev1; link: https://circabc.europa.eu/d/a/workspace/SpacesStore/614d3daf-76a0-402d-8133-77d2d3dd2518/RSPG13-524%20rev1%20Report_700MHz_reallocation_REV.pdf