COMMISSION IMPLEMENTING DECISION (EU) 2022/2324

of 23 November 2022

amending Decision 2008/294/EC, to include additional access technologies and measures for the operation of mobile communications services on aircraft (MCA services) in the Union

(notified under document C(2022) 8321)

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

Whereas:

(1) Commission Decision 2008/294/EC (2) allows the operation of mobile communication services on board aircraft (MCA services) in the European Union with GSM, UMTS and LTE technologies and sets out the applicable harmonised technical conditions for MCA services.

(2) Adding 5G connectivity on aircraft enhances communications services for passengers during travel, whilst making use of the latest available technology and ensuring efficient spectrum use. This contributes to the achievement of the objectives set out in the Commission’s strategy on connectivity as set out by the Commission’s Communication ‘Connectivity for a Competitive Digital Single Market – towards a European Gigabit Society’ (3) and updated with the Commission Communication ‘2030 Digital Compass: the European way for the Digital Decade’ (4).

(3) Furthermore, the current regulatory framework requires the operation of a network control unit (NCU) as part of MCA equipment on board aircraft to prevent mobile terminals on board from attempting to register with UMTS terrestrial mobile communications networks.

(4) On 14 October 2020, the European Commission gave a mandate to the European Conference of Postal and Telecommunications Administrations (CEPT), pursuant to Article 4(2) of Decision No 676/2002/EC, to undertake technical studies on the potential use of 5G technology and on making use of the network control unit optional on board MCA-enabled aircraft.

(5) In response to that mandate, on 5 November 2021 the CEPT adopted its Report 81, which provides for harmonised technical conditions to operate 5G non-active antenna system (non-AAS) connectivity for MCA in the 1800 MHz (1710-1785 MHz and 1805-1880 MHz) frequency band and sets out conditions for the usage of a network control unit in MCA.

(6) CEPT Report 81 concluded that the usage of NCU in MCA operations in the downlink portion of the 900 MHz band (925-960 MHz) to prevent connection to ground-based 3G UMTS networks should currently remain mandatory. It further concluded that the usage of NCU in MCA operations in the 3G downlink portion of the paired terrestrial 2 GHz band (2110-2170 MHz) could be made optional in the near future. As a result of new technical developments, it was no longer necessary to prevent through an NCU the connection of mobile terminals to terrestrial mobile networks operating in the UMTS 1800 MHz frequency band.

(7) CEPT Report 81 did not report any interference (e.g., increased signalling load, capacity degradation) suffered by mobile network operators on their terrestrial UMTS networks using the 900 MHz or the paired terrestrial 2 GHz frequency bands from mobile terminals on board aircraft (regardless of whether an aircraft is equipped with an MCA system including an NCU or not). According to Report 81, such absence of reporting was attributed particularly to the complexity of the impact and of the measurement of that impact.

(8) The difficulty of assessing interference from mobile phones on board MCA-equipped aircraft to 3G UMTS ground networks and the related lack of evidence in CEPT Report 81 as regards the necessity of NCU deployment for 3G UMTS should be duly considered. However, subsequent to CEPT Report 81 the CEPT, taking into account further inputs and developments, has decided that the use of an NCU on board MCA-equipped aircraft in the 900 MHz and in the paired terrestrial 2 GHz bands should no longer be mandatory as of 1 January 2026, in line with the ongoing pace of upgrading networks to 4G and 5G and of phasing out 3G networks. (5)

(9) MCA technical specifications should remain under review to ensure that they continuously match technological progress and market developments.

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

(11) 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 As early as possible, and in any case by 30 June 2023, the Member States shall make the frequency bands for 5G non-AAS indicated 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 3 This Decision is addressed to the Member States.

Done at Brussels, 23 November 2022. For the Commission Margrethe VESTAGER Member of the Commission

(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(2016) 587.

(4) COM(2021) 118.

(5) With the amendment of ECC Decision (06)07 adopted on 1.7.2022, following a CEPT public consultation.