EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 20.7.2020  
SWD(2020) 139 final  
 
COMMISSION STAFF WORKING DOCUMENT  
On a light deployment regime for small -area wireless access points  
 
Accompanying the  
COMMISSION IMPLEMENTING REGULATION  
specifying the characteristics of small -area wireless access points pursuant to Article 57 
paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and the Council of 
11 December 2018 establishing the European Electronic Communications Code  
{C(20 20) 4872  final}   
 
1 
  
COMMISSION STAFF WORKING DOCUMENT  
On a light deployment regime for small -area wireless access points  
 
Accompanying the  
COMMISSION IMPLEMENTING REGULATION  
specifying the characteristics of small -area wireless access points pursuant to Article 57 
paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and the Council of 
11 December 2018 establishing the European Electronic Communications  Code  
 
 
 
 
1. Introduction  
5G technology is seen as a game changer, enabling industrial digitalisation and transformation 
through gigabit connectivity. The deployment of 5G is expected to generate 213 billion EUR 
in revenues worldwide in 2025 and could lead to  113 billion EUR in benefits per year1. A 
high capacity 5G network enhanced by dense small cell deployment, that provides high -speed 
and low -latency services combined with extensive coverage, will offer the prospect of novel 
business models, including for the Internet of Things (IoT), which will benefit specific 
‘vertical’ sectors such as transport and automotive, factory automation, healthcare, utilities 
and smart cities (hereafter verticals).  While these developments have already started on the 
basis of existing networks, it is anticipated that they are to reach their full potential only with 
the deployment of 5G in the coming decade.  
Therefore, in order to achieve various 5G capabilities2, such as area traffic capacity3, 
connection density or available c apacity per user4, the densification of network deployment, 
in particular through small cells5, is crucial. Over the last two years the numbers of small cells 
                                                           
1 According to the study SMART 201 4/0008 on " Identification and quantification  of key socio -economic data to  
support strategic planning for the  introduction of 5G in Europe"  
2 Recommendation  ITU -R  M.2083 -0 "IMT Vision – Framework and overall objectives o f the future 
development of IMT for 2020 and beyond", (September 2015)  
3 Total traffic throughput served per geographical area (in Mbps/m2) 
4 Projections of a 1000x increase in capacity demand over the current decade. Source: Ericson  
5 Small cells are area s covered by small -area wireless access points. Therefore, the term "small cells" is 
equivalent to "small -area wireless access points" for the purpose of this document.   
 
2 
 in use have grown significantly6. Some operators are planning to roll out 200 or even more 
cells per square kilometre for high traffic environments, like urban city centres and open 
places like stadiums in the coming years. Density is projected to increase further, i.e. to 
support approximately one million connections per square kilometre, which could  require 
1000 small cells in some scenarios.  
“5G for Europe: An Action Plan” (5GAP)7 invites Member States, the industry and other 
stakeholders to work with the Commission to accelerate and monitor the progress of wireless, 
(including cellular) deployment scenarios, in order to meet the targets of uninterrupted 5G 
coverage in at least all urban areas and all major terrestrial transport paths by 2025 and to 
identify best practices. This can increase the consistency of administrative conditions and time 
frame s to facilitate denser cell deployment. The Radio Spectrum Policy Group (RSPG) 
adopted an Opinion8 (as part of its 5G spectrum roadmap) indicating that Member States 
should assess the need for national actions that will enable easier site authorisation and  
installation, in particular for small cells, in order to make timely 5G deployment possible. 
This is in line with the provisions of the European Electronic Communications Code9 (‘the 
Code') which promotes investment in high -capacity networks by facilitati ng network 
densification through small -area wireless access points (SAWAPs or small cells).  
Indeed, with regard to facilitating deployment of denser networks, the Impact Assessment10 
for the Code identified obstacles to the roll -out of small -area access poi nts needed for wireless 
services. A development that is critical to estimating the costs of future connectivity of 5G is 
the increased prevalence of small cells. The 5G Manifesto for a timely deployment of 5G in 
Europe11, endorsed by key industry and teleco m players, underlines the need for improved 
regulatory conditions in terms of local installation of cells to facilitate the construction of 
denser networks.  
For this purpose Article 57 of the Code on “Deployment and operation of small -area wireless 
access  points”   provides that “The Commission shall, by means of implementing acts, specify 
the physical and technical characteristics, such as maximum size, weight, and where 
appropriate emission power of small -area wireless access points” that will be exempted  from 
any individual town planning permit or other individual prior permits except where  
“competent authorities may require permits for the deployment of small -area wireless access 
points on buildings or sites of architectural, historical or natural value protected in 
accordance with national law or where necessary for public safety reasons” .  
                                                           
6 Source: Small Cell Forum  
7 https://ec.europa.eu/digital -single -market/en/news/communication -5g-europe -action -plan-and-accompanying -
staff-worki ng-document   
8 http://rspg -spectrum.eu/wp -content/uploads/2013/05/RPSG16 -032-Opinion_5G.pdf   
9 Directive (EU) 2018/1972 of the European Parliament and of the Counc il establishing the European Electronic 
Communications Code (OJ L 321, 17.12.2018 , p. 36)  
10 Impact Assessment of the Code: https://ec.europa.eu/digital -single -market/en/news/proposed -directive -
establishing -european -electronic -communications -code  
11 https://ec.eu ropa.eu/digital -single -market/en/news/commissioner -oettinger -welcomes -5g-manifesto   
 
3 
 Therefore, by 30 June 2020, the Commission has to adopt an implementing act which 
specifies the physical and technical characteristics, such as the maximum size, weig ht, and 
where appropriate emission power of the small -area wireless access points  or small cells that 
will benefit from the exemption from any individual town planning permit or other individual 
prior permits across the Union (hereafter the ‘EU light deplo yment regime’). The selection of 
these characteristics is critical for generating public acceptance and trust as well as a 
significant market scale for equipment.  
Article 2(23) of t he Code defines ‘small area wireless access points’ as follows:  “ ‘small -area 
wireless access point' means low -power wireless network access equipment of a small size 
operating within a small range, using licenced radio spectrum or licence -exempt radio 
spectrum or a combination thereof, which may be used as part of a public elect ronic 
communications network, which may be equipped with one or more low visual impact 
antennae, and which allows wireless access by users to electronic communications networks 
regardless of the underlying network topology, be it mobile or fixed”. The defi nition 
addresses qualitative aspects of the small cell such as the underlying network structure and 
topology, spectrum use and a low visual impact. Furthermore, it is explained that it comprises 
mobile base stations that are often referred to as femtocells , picocells, metrocells or 
microcells12.  
2. Problem description  
2.1. Problem definition  
A study on a ‘Light Deployment Regime for Small -Area Wireless Access Points (SAWAPs)’ 
has been conducted for the European Commission (SMART 2018 -0017)13. It provides 
analysis of the procedures for the deployment of wireless (in particular cellular) access points 
and identifies possible criteria to be used in order to determine the small cells that should fall 
in the scope of the EU light deployment regime.  The study concludes that the main issues 
when granting permits for base stations are the protection of public health  and a coherent 
visual landscape in terms of aesthetics . Local authorities often seek to strike a balance 
between a high quality of wireles s services and meeting the general public’s concerns about 
the health impact and visual clutter of antenna masts.  The protection of public health is most 
often addressed by limiting the emission power, and therefore limiting the exposure of the 
public to e lectromagnetic fields . The visual appearance is often addressed by mandating an 
approval process for protected buildings or sites (of architectural, historical, cultural value or 
natural value) and providing permit waivers when the installation fulfils spe cific aesthetic or 
other relevant requirements14. 
                                                           
12 See Recital (139) of the Code.  
13 Link:  https://op.europa.eu/en/publication -detail/ -/publication/463e2d3d -1d8f-11ea -95ab -
01aa75ed71a1/language -en/format -PDF/source -112125706  
14 In Denmark, local permits are not needed for panel antennae for mobile communication with associated  radio 
modules and transmission links in neutral colours, set on existing masts used for public mobile communications, 
when the height of the building is not increased. In Sweden, antennas (and thereby small cells) are exempted 
from building permits if the y do not materially change the appearance of the building. Some municipalities have 
 
4 
 Furthermore, the study undertaken for the Commission indicates that in most Member States, 
existing rules for granting individual deployment permits are targeted for high -power base 
stations which ensure wid e coverage and thus are overly complex when applied to low -power 
small cells. While only some Member States have a definition of a ‘small cell’, these 
definitions are different. The most recurring physical and/or technical characteristics used to 
different iate small cells from other access points are size (mostly expressed as a volume), 
weight, antenna height and/or emission power level. The criteria applied in Member States 
that have a specific light deployment regime for small cells are heterogeneous (som etimes 
even within a Member State from region to region or between municipalities). Typically these 
criteria include a limitation of the emission power (such as equivalent isotropic radiated 
power (EIRP) limits) and a minimum installation height of the bas e station antenna(s). 
Different characteristics may be required for indoor versus outdoor deployment.  
The study further illustrates that cell deployment rules are set at different administrative 
levels: national, regional and local (municipal). This makes it even more complicated for 
operators to manage and comply with a large variety of applicable rules. Permits are generally 
requested and granted at local level, often implying a physical submission to the relevant 
authority.  
The Commission has conducted two open public consultations15,16 in order to collect relevant 
input from public as well as different stakeholders such as industry and public authorities. The 
second open public consultation (see annex) specifically focused on an initial draft of the 
imple menting act. The results of the consultations show that the average time to obtain all 
necessary individual permits amounts to six months. Mobile network operators indicate that 
issuing permits in view of a dense network deployment requires involvement of several public 
authorities (because of site identification, site rental, permit requests based on different 
expertise, site construction and network integration). The complexity, delays and inertia in the 
permit approval process can significantly delay dep loyment and increase costs.  
Therefore, on the basis of the study and consultation process, the major issues to be addressed 
by scoping the SAWAP characteristics for a light deployment regime are:  
1. Public acceptance: the applicable technical and physical characteristics of small cells 
that are exempted from any individual town planning permit or other individual prior 
permits should prevent uncontrolled (‘wild’) deployment generating visual clutter and 
should ensure pr otection of public health, in compliance with the applicable EMF 
exposure limits and internationally recognised norms.  
                                                                                                                                                                                     
considered specific measures to support low visual impact installations (e.g. Amsterdam and Barcelona), 
including public campaigns for the aesthetical designs of SAWAPs (He lsinki supporting a nationwide design 
competition in Finland on “standard model designs”  that smoothly fit in a variety of environments and  are 
easily scalable for mass production: https://www.open -ecosystem.org/challenges/helsinki -5g-base-station -
design ) 
15 First public consultation in 2019: https://ec.europa.eu/info/law/better -regulation/initiatives/ares -2018 -
5660684/public -consultation_en  
16 Second public consultation in 2020: https://ec.europa.eu/info/law/better -regulation/have -your-
say/initiatives/1981 -Light -deployment -regime -for-small -area-wireless -access -points  
 
 
5 
 2. Regulatory fragmentation : “light deployment regimes” for small cells in the 
Member States (if present) are heterogeneous in terms of cho ice of technical and 
physical characteristics. In some cases, applicable rules are inconsistent as they were 
originally designed for macro -cells. This inconsistency jeopardises economies of scale 
for equipment manufacturers and also poses difficulty for se tting compatible EU -wide 
criteria. Therefore, there is a need to establish a minimum common regime for a light 
deployment regime applicable throughout the Union.  
3. Regulatory complexity : the issuance of individual prior permit(s) for cellular base 
stations, including small cells, involves different administrative levels17 and authorities 
in different fields (e.g. urban planning, power emissions, aesthetics, etc.). Rules vary 
not only across Member States but in certain cases also at regional or local (municipa l) 
level within a Member State. Such environment makes it difficult for operators to 
oversee the variety of rules and to establish reproducible processes for obtaining the 
necessary permits.  
4. Time delay : the time period for obtaining all necessary individua l permits  can be quite 
long in the light of the complexity and fragmentation described above and also due to 
the resource bottlenecks experienced by local authorities, which would increase with 
growing network densification.  
All the identified problems have to be taken into account when determining the appropriate 
legal form of the implementing act and an optimal (upper) threshold of the selected physical 
and technical characteristics of a SAWAP to define the EU light deployme nt regime. This 
requires a balancing exercise of the different interests and objectives involved such as those of 
the telecom industry, including manufacturers, national/regional/local authorities and 
European citizens, taking into account in a proportiona te manner the need to promote network 
deployment by reducing time delays, network deployment costs, administrative costs and, at 
the same time, the need to ensure a high level of protection of public health as laid down in 
Council Recommendation 1999/519/E C18 (hereafter Recommendation 1999/519/EC ).  
2.2. Who is affected, in what ways and to what extent?  
A wide range of stakeholders, including telecom and infrastructure operators, equipment 
manufacturers, verticals, national and local authorities, and citizen s and businesses as mobile 
broadband users, would be  affected in a variety of different ways by the introduction of an 
EU-wide light deployment regime for small cells. This is confirmed by the public consultation 
results15, where 58% of the responses came from companies, business organisations and trade 
unions, including manufacturers, telecom operators and verticals, 20% from public 
administrations, 13% from EU  citizens and 9% from others, including academic and research 
institutions.  
                                                           
17 A summary o f the national fiches from the study should give us more details on the heterogeneity of the 
situation.  
18 Council Recommendation of 12 July 1999 on the limitation of exposure of the general public to 
electromagnetic fields (0 Hz to 300 GHz), OJ L 199 of 30.7.1999, p.59.  
 
6 
 Public administrations stress the sensitivity of the aspects of EMF and visual pollution, and 
citizens and academic institutions typically raise concerns about EMF exposure. These  
aspects need utmost consideration to address public concerns regarding health aspects and 
visual clutter arising from widespread small cell deployment.  
Mobile operators emphasise the need for a light deployment regime for small cells to 
minimise delays a nd ensure legal certainty in order to modernise and upgrade their networks.  
Equipment manufacturers emphasize  that a consistent regulatory environment will create 
economies of scale with the corresponding benefits. Content and applications providers, as 
well as handset manufacturers, will launch and develop advanced services in Europe due to 
adequate connectivity10. The Impact Assessment for the Code indicates that manufacturers 
supported a common definition of small -area wireless access points and the harmonisation of 
technical characteristics about their design, deployment and operation to meet the above 
objective s. 
2.3. How would the problem evolve?  
Wireless traffic continues to grow significantly by 60% on an annual basis19, due to the 
increasing number of connected devices and data requirements. 5G is expected to carry 35% 
of data traffic in 2024. Data growth cal ls for higher network capacity delivered also by 
network densification based on small cells. A 5G study20 estimates that cell density will 
increase by a factor of 10 between 2014 and 2020. Small cells become necessary to 
supplement, or in certain scenarios replace, macro -cells in order to fulfil the requirements of 
5G services such as area traffic capacity, connection density or available capacity per user and 
connection. Despite their similarities, what differentiates outdoor small cells from macro -cells 
is that while small cells ensure more capacity, macro -cells ensure wider coverage. Therefore, 
in urban areas that are densely populated, small cells can cope with the high demand and high 
capacity that macro -cells cannot handle. Therefore, the number of smal l cells is set to grow 
significantly by 2025, at an average annual rate of 22 -29%, driven both by the outdoor and 
indoor uses, the latter estimated to represent 73% of the small cell market in 202021. 
In particular, the move to 5G signifies a higher small c ell density through the use of new 
‘mm -wave’ frequency bands above 24 GHz. Because of its high bandwidth and limited 
propagation characteristics, the pioneer 26 GHz band offers very high capacity and data rates 
per user but requires very dense network depl oyment, i.e. a large number of small cells. A 
Commission study22 reports that in 2025 half of the (non -residential) 5G -capable cell sites 
would be small cells and their number would reach 1 million in the EU. Out of these about 
10% of the 5G small cells wou ld support mm -waves. A light deployment regime should boost 
                                                           
19 See ”Ericsson Mobility Report” of June 2019,  https://www.ericsson.com/en/mobility -report/reports/june -2019   
20 Global 5G Study on “Small Cells and Dense Cellular Networks Regulatory Issues” 
(http://www.global5g.eu/sites/default/files/Global5G.org_D3.1 -
Study%20on%20small%20cells%20and%20dense%20cellular%20networks%20regulatory%20issues_v1.0_re v3
_0.pdf )  
21 See “Small cells market status report” (December 2018) of the Small Cell Forum, Document 050.10.03  
22 “Study on using the millimetre waves bands for the deployment of the 5G ecosystem in the Union” (SMART 
2018/0017)  
 
7 
 further deployment beyond this prognosis in terms of numbers of deployed small cells, earlier 
deployment and meeting market demand.  
Given the predicted rapid increase of deployed small cells, the  number of individual permit 
applications will grow proportionately. If the current rules on deployment of macro -cells, 
remain applicable also to small cells, without exceptions, this would have a multiplicative 
effect on the administrative effort to reque st, assess and grant individual permits. The resource 
burden both on the operators’ side and on the public administrations’ side would become 
excessive and thus cause long delays and finally stifle investment. A light deployment regime 
based on commensurat e physical (e.g. visual) and technical limitations should reduce the 
deployment time for operators and the administrative burden currently experienced to deploy 
SAWAPs and also facilitate public acceptance of the network densification needed for 5G 
service s. This can in turn enhance the key role played by wireless communications networks 
in the response to and recovery from the COVID -19 crisis.  
3. Policy objectives  
The 5G Action Plan points to the need to simplify the deployment conditions for dense 
wireless ( including cellular) networks to reduce costs and support investments. It indicates 
that administrative aspects related to local planning procedures, the high site rental charges, 
the variety of specific limits on EMF emissions as well as of methods require d to aggregate 
the requests for permits create unnecessary burdens for the installation of small cells.  
 
The Commission's implementing act has to take into consideration the policy objective of 
preventing the undue restriction of small cells deployment, w hile taking due account of the 
potential impacts on health, aesthetics  and concerning the safety of such a simplified 
deployment regime.  
 
The implementing act follows the objectives of the Code, i.e. to simplify the conditions for 
the deployment of dense w ireless networks by establishing appropriate and publicly 
acceptable (in terms of visual and health impact) physical and technical constraints on small -
area wireless access points in order to scope a light deployment regime and by increasing the 
geographic  uniformity of the applicable rules.   
 
An additional objective of this implementing act is to promote a single market for small -area 
wireless access points through the EU light deployment regime. As the equipment which shall 
meet the technical and physica l characteristics in the foreseen implementing act will benefit 
from a privileged installation regime, it shall be subject to intensive research, innovation and 
optimisation efforts from manufacturers and operators, which will be incentivised to produce 
and, respectively, make use of such equipment, stimulating competition and investment. An 
effective light deployment regime can also help towards the digital sector’s contribution to 
Europe’s economic recovery from the COVID -19 crisis.  
 
 
8 
 4. Setting the criteria for permit -free small cells  
Based on the outcome of the study for the Commission23, the public consultation15 as well as 
various contributions from the Member States and the industry, the proposed regulatory 
approach to an EU light deployment regime for SAWAPs focuses on ensuring (1) aesthetical 
visua l appearance  and (2) sufficiently low emission power.  These characteristics  match the 
definition of a SAWAP, which refers to low power equipment and low visual impact 
antennae, and also ensures compliance with EMF exposure limits pursuant to the 
Recommenda tion 1999/519/EC  for reasons of public health protection. As SAWAPs are 
expected to be deployed in big numbers, these two aspects are crucial for building public trust 
and acceptance of SAWAP deployment.  
4.1 Low emission power  
To set the general context, small cells operate at low emission power levels, which are 
optimised to ensure sufficient coverage and low levels of harmful interference between 
adjacent cells. In addition, it is necessary to ensure that small cells operation complies with 
EMF emission limits set in Recommendation 1999/519/EC, which is paramount for ensuring 
public health protection. Emission power levels differentiate small cells24 from large macro -
cells using higher power levels (typically above 100 W EIRP25), on the one side, and from 
short range devices which are subject to much lower emission power limitations26 (such as a 
few hundred mW EIRP), on the other side. Such a limit, alongside other relevant 
characteristics, will provide predictability to manufacturers and operators and facil itate 
economies of scale of small cell equipment as well as wireless network deployment planning.  
The Recommendation 1999/519/EC provides limits for exposure of the public to 
electromagnetic fields (EMF) in line with the 1998 International Commission on Non-
Ionising Radiation Protection (ICNIRP)27 guidelines. In this regard, EMF exposure limits for 
the general public applicable at EU level set out in the Recommendation include a Reduction 
Factor of 50 against adverse health effect thresholds to account for  biological variability, 
                                                           
23 Including a public worksh op of November 2018  
24 Art. 2(23) of the Code defines a SAWAP as a “low -power  network access equipment” among others.  
25 Note that Watt and Watt EIRP (W EIRP) is not the same in terms of measuring emission power.  
26 These low emission power limitations are meant not to protect public health but to avoid technical harmful 
interference between equipment.  
27 These limits are based on the guidelines of the International Commission on Non -Ionizing Radiation 
Protection (ICN IRP). ICNIRP is an independent non profit scientific organisation based in Germany founded in 
1992 by the Inter national Radiation Protection Association  (IRPA), specialising in non-ionizing radiation  
protection.  According to ICNIRP, its financial resources consist of su bsidies from national and international 
public institutions such as the German Federal Ministry for the Environment, Nature Conservation, and Nuclear 
Safety ( BMU ), the European Union Program me for Employment and Social Innovation ("EaSI") 2014 -2020  and 
IRPA , in support received to organize meetings or workshops from national ministries or radiation protection 
agencies, and in private donations from private individuals or from businesses not related in any  way to the field 
of non -ionizing radiations, which are listed in the ICNIRP donors' report. ICNIRP insists th at it is free of vested 
interests as its members cannot be employed by industry, must comply with the ICNIRP’s policy of 
independence and must publicly declare their personal interests . ICNIRP’s annual financial report is published 
online.  
 
9 
 uncertainties, and variation in external factors. The new guidelines28 released by ICNIRP in 
March 2020 confirm the health safety margin of existing EMF exposure limits at the EU level 
set out in the above Recommendation. Some new e lements of the guidelines address aspects 
concerning the use of spectrum in higher bands (such as mm -wave), which will be especially 
relevant for future 5G networks. New elements also relate to the measurement methods and 
protection limits regarding those high frequencies. Member States monitor the EMF public 
exposure levels and relevant network measurements29 confirm that they are well below the 
recommended limits of the Recommendation. The Commission services are assessing the 
ICNIRP’s findings, and whethe r there is a need that Recommendation 1999/519/EC is 
reviewed.  
In order to ensure protection of public health, t he study undertaken for the Commission 
recommends (confirmed by the public consultation results) to use the relevant European 
standards EN 5040 130 and EN 62232:201731, which provide a methodology ensuring 
compliance of wireless access points put into service with the EMF exposure limits set in 
Recommendation 1999/519/EC. These standards are already applicable for the so -called 
‘passive’ antenna sys tems32. Specific methods are under development for the so -called 
‘active’ antenna systems (e.g. capable of beamforming) which will be increasingly used as 
part of the 5G networks. In the current phase of small cell deployment, SAWAPs are typically 
equipped with passive antennas and thus fall within the scope of the existing standards33. 
Table 2 of clause 6.2.4 of the European standard EN 62232:2017 defines installation classes 
for different categories of wireless access points, including for small cells, based on different 
emission power limits. These classes could therefore be used in order to determine the 
technical characteristics for the small cells benefiting from the light deployment regime34 in 
the relevant frequency range of up to 100 GHz. As explai ned below, the Commission services 
consider that the lowest product installation classes E0, E2 and E10 defined in Table 2 of EN 
62232:2017 are relevant to SAWAPs. These specify an overall emission power limit not 
exceeding 10 W of equivalent isotropic rad iated power (EIRP) (applicable to E10) as well as  
class -dependent requirements, provided in the standard, for a particular SAWAP installation 
to ensure compliance with the EMF exposure limits set in Recommendation 1999/519/EC as 
follows:  
                                                           
28 https://www.icnirp.org/cms/upload/publications/ICNIRPrfgdl2020.pdf  
29http://eye.sbc37.com/m2?r=uDVkNTE1OGVlMTFjZTYyNWRiOTUxYjAwNcQQPChVCkLQhUTQ1tCc0LMO0MjQnTj
xKsQQ7NC1eOTQqdDcQ0zQsdDB0J1iUH4K6rZnaWxsZXMuYnJlZ2FudEBhbmZyLmZyoJaqQ09OV EFDVF9JRLY3TF
Y0NUtuY1EweXh3WjFpVUg0SzZns0VNQUlMX0NPUlJFQ1RJT05fSUSgsU9SSUdJTl9DQVBUSU9OX0lEoK5PUklHS
U5fS0lORF9JRKZNQU5VQUyzUEhPTkVfQ09SUkVDVElPTl9JRKCoU1RBVEVfSUSmTk9STUFM  
30 EN 50401 is a European  harmonised standard published in the OJEU C389 of 17 Novem ber 2017, p. 68.  
31 The European standard EN 62232:2017 is referenced in EN 50401.   
32 An active antenna  is an antenna  that contains active electronic elements (such as signal processing units) as 
opposed to traditional passive antennas which consist of pas sive elements such as metal 
rods,  capacitors  and inductors.  
33 This is confirmed by a report of the German Ministry for Transport and Digital Infrastructure, link: 
https://www.bmvi.de/SharedDocs/DE/Publikationen/DG/mitnutzungspotentiale -kommunale -
traegerinfrastrukturen -ausbau -5g.pdf?__blob=publicationFile  (s. Section 3.4.4.3).  
34 Small Cell Forum Releas e 9.0, document 190.09.02: “Small cell siting: Regulatory and deployment 
considerations”, February 2017.  
 
10 
  Class E0 is for touch -compliant SAWAPs of very low power (below 250 mW EIRP) 
which is inherent to home WiFi routers as well as cellular equipment (i.e. part of a 
mobile network). Touch compliance requires that no harm can be induced to people by 
EMF no matter how close th ey are to the SAWAP. This class includes in particular 
SAWAPs for indoor use, such as on premises where people live or work, and ensures 
compatibility with rules applicable to existing radio local area network ( RLAN) or 
WiFi equipment. This class correspon ds to the categories ‘home base station’ or 
‘local -area base station’ used by the 3GPP35 (based on the power input to the antenna) 
or the notion of a so -called ‘femtocell’ covering a very limited area.  
 Class E2 specifies a higher power limit of 2 W EIRP and  a safety distance threshold of 
a few centimetres from people as provided in the standard. This category favours 
SAWAP deployment in narrow urban spaces, both indoors and outdoors, which imply 
close proximity to people. The range of a SAWAP operating at su ch an emission 
power would be in the order of a few tens of meters. However it is limited to mobility 
at walking speeds due to the need for frequent handovers between SAWAPs. This 
class corresponds to the 3GPP category of a ‘medium -range base station35’ or the 
notion of a so -called ‘picocell’.  
 As shown in Table 2 of clause 6.2.4 of the standard, Class E10 specifies a power limit 
of 10 W EIRP and, b y difference to classes E0 (no distance) and E2 (from 0 up to 10 
centimetres), requires in all cases a specific minimum antenna height above the 
general public walkway in order to ensure a minimum distance to people. Under this 
class, the height of 2.2 met ers of the lowest radiating part of the antenna above the 
general public walkway ensures a distance of at least 20 cm36 of the main antenna lobe 
from the human body of a 2 m tall person37. Compared to the E2 class, the E10 class 
allows for wider coverage of a few hundred meters, supports increased mobility and 
enables economically viable wireless broadband services and vertical applications 
outdoors at very high (mm -wave) frequencies38. Class E10 falls within the 3GPP 
category of a ‘medium -range base station35’ or the notion of a so -called ‘microcell’.  
 
Considering the installation safety distances to be respected under the standard and since the 
Electronic Communications Code provides that small -area wireless access points should be 
low power equipment, the envisaged implementing act should only apply to  installation 
classes of a maximum emission power of 10 W EIRP. SAWAPs transmitting at more than 
10W EIRP would depart from the notion of a ‘low -power wireless network access equipment’ 
under the Code, in particular in comparison to deployed RLAN low -power  wireless access 
systems or Wi -Fi points, as well as the aforementioned 3GPP base station classes with limited 
                                                           
35 See Section 3.1 of the document 182.09.01 “Simplifying small cell installation” of the Small Cell Forum 
(February 2017)  
36 Furthermore, the study on u sing mm -wave bands for the deployment of the 5G ecosystem in Europe (SMART 
2017/0015), undertaken for the Commission, indicates that at a distance of more than 29 cm from a SAWAP 
with an emission power of 10 W, which is much higher than 10 W EIRP, the EMF exposure level is well below 
(100 times) the precautionary limit of the Recommendation 1999/519/EC.  
37 Annex C.4 of EN 62232:2017  
38 SMART 2018/0017, Section 5  
 
11 
 range, which all operate at maximum power levels of a few Watts. Therefore, the next higher 
installation class E100 of 100 W EIRP cannot benefit from a light deployment regime.  
 
Figure 1 illustrates the different types of base stations (or ‘cells’) with relevance to small -area 
wireless access points.  
 
Figure 1: Common categories of cells (Source: Qorvo39) 
Out of these classes, class E0 and class E 2 could be deployed both outdoor and indoor. Unlike 
the class E2, which can be deployed in any indoor space, the class E10 could only be 
deployed in large indoor spaces, such as museums, stadiums, convention centers, airports, 
metro -transport stations, rai lway stations, or shopping centers, with a ceiling high enough to 
aesthetically accommodate the maximum visible volume limit of 30 litres. Such installations 
will also ensure an additional margin when complying with the safety distance of 2.2 meters 
impose d by EN 62232. The Commission services, having regard to the public consultation 
results as well as the safety distances to be respected under the EN 62232, consider that such 
equipment should be installed only in spaces with a ceiling height of at least 4  meters in order 
to avoid visual clutter.  
It should be noted that the inclusion of the installation class E10 with a power limit of 10 W 
EIRP increases the cost effectiveness and reduces the density of outdoor SAWAP deployment 
subject to the light deployme nt regime. The higher the emission power limit, the larger the 
coverage of a SAWAP and the lower the cost and density of urban SAWAP deployment. 
Class E10 will significantly enhance network coverage and capacity in terms of the number of 
served users. Figu re 140 shows that moving from 1 W to 10 W in the output power is 
equivalent to an enhancement factor of up to 20 in capacity and more than 10 in cell coverage 
                                                           
39 https://www.qorvo.com/design -hub/blog/small -cell-networks -and-the-evolution -of-5g  
40 Note that output power (from the antenna) is expressed in watts and not in watts eirp. However, for the 
purpose of proportionality between output power and coverage distance, the figure remains relevant.  

 
12 
 area. The same factors approximately apply mutatis mutandis to class E10 expressed in Watt 
EIRP re gardless of the wireless technology (4G or 5G). Use of the class E10 would also 
facilitate the take -up of mm -wave frequencies for small cells (to counter higher path loss41) 
and enhance the multi -band support of a single small cell by allowing a higher cumu lative 
power of a SAWAP over several frequency bands.  
A limit of below 10 W EIRP is used in Germany42, while a few Member States apply lower 
power limits (1 W EIRP in Spain or 5 W EIRP in France), and a few Member States apply 
higher power limits (164 W EIRP in Greece, 64 W EIRP in Estonia, 50 W total power at the 
antenna input in Luxembourg) in their nat ional light deployment measures.  
The use of EN 62232:2017 for SAWAPs will need to take into account any amendment of the 
underlying standard based on the latest technological developments. Hence, the implementing 
act will require regular review to determi ne if updates of this standard have to be included. In 
particular, the use of an EIRP limit with the installation classes referred to above may not be 
applicable, due to beamforming characteristics of active antenna systems, for assessing, 
measuring and en forcing compliance at the national level43. In this regard, the further 
development of the European standard EN 62232:2017, also in view of the new ICNIRP 
guidelines to address SAWAP installations employing active antenna systems, may be needed 
at a very ea rly stage44, which will be analysed for the regulatory purposes of the light 
deployment regime at a subsequent stage. In any case, as long as the applicable standard does 
not cover SAWAPs with active antenna systems, such SAWAPs should not be covered by the  
EU light deployment regime, for the purpose of ensuring transparent and adequate protection 
of public health. Therefore, the implementing act, which is expected to be adopted by the end 
of June 2020, duly reflects state -of-the-art EU -level EMF regulation and EMF compliance 
standardisation. Any subsequent update of the Recommendation 1999/519/EC and/or the 
relevant European standards will be taken into account in considering the need for a review of 
the implementing act.  
It is important to define the notion  of ‘indoor’ and ‘outdoor’ in the implementing regulation in 
order to avoid potential implementation problems. The definition should be as inclusive and 
as clear as possible. ‘Indoor’ (or enclosed) areas should be defined to include any space 
covered by a roof and wholly enclosed by walls or sides, regardless of the type of material 
used for the roof, wall or sides, and regardless of whether the structure is permanent or 
temporary.  
                                                           
41 The reduction in power density (attenuation) of an  electromagnetic wave  as it propagates through space.  
42 This emission power  limit is applied in Germany for a permit -free regime according to the 26th Verordnung 
zur Durchführung des Bundes -Immissionsschutzgesetzes (26. BImSchV) and “Verordnung  
über das Nachweisverfahren zur Begrenzung elektromagnetischer Felder (BEMFV)”  
43 With active antenna systems an emission power limit based on total radiated power (TRP) instead of EIRP 
seems more appropriate.  
44 According to industry sources a revision of the standard IEC 62232:2017 is under way to reflect inter alia new 
antenna technology, and first adoption is scheduled for 2021.  
 
13 
 4.2. Low visual impact  
With regard to aesthetical visual appearance , based on recommendations included in the study 
undertaken for the Commission, there are two categories of small cells which should be taken 
into consideration for the purposes of the implementing act, as they would ensure no or only  
low visual impact of the SAW APs: fully integrated (invisible), and visible (either outdoors 
and indoors):  
 Fully integrated (invisible) –the SAWAP constitutes an integral part of the design of a 
distinct installation or structure and is not mounted as an external addition. It also 
includes installations which are completely underground, including the antenna;  
 Visible – when the SAWAP, or at least a part of its antenna systems, is mounted on a 
supporting structure in an outdoor or indoor area. Relevant indoor areas are large 
indoor public spaces where the SAWAP installation would normally require a 
deployment pe rmit. Such areas, such as airports, railway stations, shopping malls or 
stadiums, gather a significant number of end -users e.g. for the purpose of shopping, 
entertainment or traveling.   
The fully integrated category should not be subject to physical limit ations other than the ones 
intrinsic to the object they are integrated in, including weight requirements. This category has 
the advantage of completely avoiding visual clutter. Economies of scale for equipment could 
potentially be achieved by the developme nt of commonly accepted “smart solutions” 
regarding designs which fit into a particular category of supporting structure such as street 
lamps or bus stops.  
The visible category, in particular outdoors, should be subject to physical or technical 
limitations , in order to ensure that the small cells comply with the requirements of low visual 
impact - low visual clutter  (such as coherent shape, concealed cabling, neutral colours) and 
small size, as provided in the  SAWAP definition in the Code.  
Therefore, the s mall-area wireless access point should comply with visual characteristics 
which ensure visual consistency with the supporting structure and have a proportionate size 
relative to the overall size of the supporting structure, coherent shape, neutral colours and 
concealed cables, and should not, together with other small -area wireless access points that 
are already installed in adjacent sites, create aggregate visual clutter.  
With regard to the volume limitation, in the public consultation, operators and equip ment 
manufacturers backed a maximum value of 50 litres. This was justified (in their replies) by 
reference to the size of the different hardware components of a SAWAP according to state -of-
the-art technology, and the needs to support multiple bands and tec hnology generations as 
well as to accommodate shared (multi -operator) solutions. At the same time, aesthetical 
considerations and low visual impact are key for the acceptance by citizens and local 
authorities.  
 
14 
 Volume dimensions defined in litres gives the  most flexibility for exterior design. The study 
conducted for the Commission concluded that a volume range of 20 -30 litres is sufficient to 
accommodate the SAWAP’s components (i.e. antenna arrays, power supply, cabling 
connections, etc.)45. For comparison purposes, a traffic light may have a volume of about 30 
litres. Operators and equipment manufacturers as well as some public authorities have 
provided input during the public consultations on the volume needs of separate SAWAP 
components ( see annex). Considerations on a volume limit are without prejudice to bigger 
volumes allowed in less restrictive national regimes or installations subject to the permission 
of competent national authorities, who maintain an important role in such cases.  
The public consultations15,16 showed subst antial industry support for a volume of 50 litres 
based on existing equipment. At the same time, the second public consultation showed that 
there are successful tests for a neutral host model using a volume of 25 litres. Taking into 
account the views expre ssed in the public consultation, as well as the view of the Member 
States expressed in the COCOM, a maximum total volume of 30 litres for the visible part of a 
SAWAP is considered appropriate and meets the minimum volume of 30 litres considered 
necessary b y the industry, that follows a maximalist approach (see annex). This limit also 
allows infrastructure (radio access) sharing between at least two operators on the same 
SAWAP with the current state of technology. This limit represents a compromise solution to 
meet aesthetic requirements while not compromising state -of-the-art functionality (e.g. 
necessary Radio Frequency components) as well as ensuring its continued enhancement in the 
future as hardware designs would shrink. This volume limit applies to the visible part of one 
small -area wireless access point installed either in one complete part or in several separate 
elements, as well as to the total volume of the visible parts of multiple separate small -area 
wireless access points which share the same infr astructure site of small surface, such as a light 
pole, a traffic light, a billboard or a bus stop.  
Such volume limit is likely to promote the development of compact designs at lower cost 
(economies of scale) and a wider use of the invisible category. Such  designs may also address 
compact power supply solutions, which consume only a minimal portion of the visible part of 
SAWAPs.     
It should be pointed out that the EU light deployment regime as proposed is agnostic as to the 
type of a SAWAP - whether multi -mode, multi -band or multi -operator (shared). The proposed 
approach does not exclude the application of less restrictive national rules, including the 
application of a permit free regime for additional classes of SAWAP.  
5. Impacts  
The vast majority of the re sponses to the public consultation (80%) considered that the 
implementing act will positively impact deployment speed. Respondents also identified 
                                                           
45 In a rectangular form, such a volume can house an industry standard rack (19 inch, 48.26 cm width, with 20 
cm length and depth of 20 cm or 19 inch, 48.26 cm width, with 24.5 cm length and depth of 24.5 cm 
respectively) to contain the main component elemen ts. 
 
15 
 benefits related to network deployment costs (70%), administrative costs (68%), visual 
pollution (39%) and en ergy consumption (32%).  
Over the last years, the numbers of small cells in use have grown significantly46. Some 
operators are planning to roll out 200 or more cells per square kilometre for high traffic 
environments, like urban city centres and open places  like stadiums in the coming years. 
Density is projected to increase further, i.e. to support approximately one million connections 
per square kilometre, which could involve 1000 small cells in some scenarios.  
 
Therefore, there is a clear need for simplif ication of administrative procedures for operators to 
reduce the administrative complexity of the deployment process for small cells to the benefit 
of both the operators and the administrative authorities. The proposed regime would ensure 
administrative co nsistency across the Union and thus provide predictability for market players 
immediately upon its date of application. In addition, it would reduce administrative burden 
for competent national, regional or local authorities as it will eliminate  a high number of 
permit requests that these authorities are otherwise likely to face. This would contribute to 
financial and resource savings for national administrations and spur 5G deployment on their 
territories.  
 
Measurements conducted for ANFR (the French spectrum management authority)47 show that 
small cells improve the data throughput available to users in both the uplink and downlink and 
thus consumer experience. A study22 undertaken for the Commission indicates that the shift to 
a 5G network incorporating both macro and small cells is likely to cause only a very modest 
increase in exposure of the population to EMF. Furthermore, the emission p ower of a mobile 
device when connected to a small cell base station is generally much lower than when the 
device is connected to a macrocell base station at a large distance. The deployment of small 
cells has therefore the potential to reduce EMF exposure in evolving connectivity scenarios 
where macro -cells are not active for users connected to small cells. This is because the 
emission power level generated by small cell base stations and portable devices in a typical 
end-user scenario would be much lower t han the levels generated by a macrocell. In addition, 
the technical characteristics of indoor small cells will be suitable to avoid interference with 
important machinery such as hospital equipment.  
In order to facilitate the mapping of infrastructure as we ll as to determine the cumulative EMF 
exposure resulting from the colocation or the aggregation of several SAWAPs in a specific 
area, undertakings concerned should be requested to submit notifications of  Classes E2 or 
E10 to national competent authorities  on the installation of SAWAPs falling within the scope 
of the light deployment regime.   
The deployment of small cells subject to the EU light deployment regime would reduce visual 
pollution as they can be integrated much more discretely into an existing landscape outdoors 
                                                           
46 Source: Small Cell Forum  
47 See https://www.anfr.fr/fileadmin/mediatheque/documents/Actualites/2017 -04-26_-
_Rapport_résultats_Anne cy.pdf .    
 
16 
 or into an existing building with particular aesthetic merit. In some cases, SAWAPs can also 
be integrated directly into already existing infrastructures such as traffic lights , lamp posts  or 
bus and tramway stops . Additionally, the volu me limitation of 30 litres would allow for the 
colocation of relevant SAWAP equipment from two network infrastructure operators on the 
same site, even if such colocation under the implementing act may be limited in terms of 
antenna systems and supported fr equency bands according to feedback received in the public 
consultation. It should be kept in mind that a higher degree of colocation is still fully possible 
with a permit. Without prejudice to the competition rules, this improves the business case for 
operators and the visual impact for small cell site owners (municipalities or other) and 
citizens. An operator responding to the public consultation indicated that ‘rules based on total 
overall volume and total overall power will encourage and reward operator s with space and 
power efficient designs while promoting the neutral host  model creating economies of scale’.   
Research and innovation on the design of small cells falling within the scope of the 
implementing act could be stimulated by the enhanced confid ence in the possibility for their 
deployment.   
The mass deployment of small cells may be perceived by the general public as polluting and 
harmful. In this regard, the supervision and enforcement of the EU light deployment regime 
shall fall within the comp etence of national authorities, which need to have at their disposal 
the means to prevent any ‘wild’ deployment of SAWAPs . In any case, the deployment of 
SAWAPs has to comply at the same time with other national rules related to private property 
rights, connection to utilities (such as electricity), the rights of way related to the connection 
of the small -area wireless access  point with wide -area network in compliance with Union law, 
or competition. Equally, the national authorities have the competence to monitor compliance 
with the applicable requirements with respect to electromagnetic fields. Such (typically ex 
post) rules may require change of installation or de -installation of small cell(s) if these are in 
breach of relevant requirements. Moreover, by derogation from the regime envisaged, 
competent authorities may require permits when such SAWAPs are deployed on buildings or 
sites of architectural, historical or natural value or where necessary for public safety reasons.  
6. Choice of legal instrument  
The risk of further fragmentation of rules on small cell deployment at the different 
administrative levels across Member States  (national, regional, local) should be addressed by 
choosing a type of implementing act with a direct and immediate effect which avoids the need 
for transposition of the rules at stake, which would provide a margin of discretion to Member 
States to adapt t hose rules at national level. For this purpose, the adoption of an implementing 
regulation would be appropriate as it would be directly applicable and enforceable in all 
Member States.   
Therefore, an implementing regulation is the most effective and coher ent instrument which 
would facilitate small cells deployment across all Member States as well as within a given 
Member State – it avoids any delay or divergences which might result from differences across 
different administrative levels within a Member Sta te or from different national approaches to 
 
17 
 adapt to the increasing pressure on the issuance of permits for small cell deployment. This 
will avoid market fragmentation and contribute to a rapid and coherent development of 5G. At 
the same time, it shall not  prevent the application of more beneficial regimes at national level.  
Developments in standardisation on the EMF compliance of wireless equipment may 
necessitate subsequent reviews of the implementing Regulation, to adapt it to the 
developments in the standardisation process.  
7. Application of the envisaged measure  
In accordan ce with Article 57 of the Code, the foreseen implementing regulation provides a 
framework for the exemption of SAWAPs, which are about to be put into service, from any 
town planning permit or other individual prior permits  related to their deployment. Thes e 
would typically comprise the following types of permits:  
 Town planning – related to the location of sites for SAWAP deployment;  
 Environmental – for protecting the environment.  
By way of derogation, even for SAWAPs which would fall within the scope of the  
implementing regulation, Member States may require permits for their installation for reasons 
of protecting historical, architectural and cultural assets or public safety48. Member States 
have to apply this derogation to the extent that they do not unduly restrict SAWAP 
deployment. In addition, as requested by Article 7 of Directive 2014/61/EU and Article 57 (1) 
of the Code, all relevant information concerning conditions and procedures for granting such 
permits have to be available via the single informatio n point and published in advance of their 
application. When Member States rely on the aforementioned derogation48, as well as in the 
cases which do not fall within the scope of the light deployment regime, the permits have to 
be granted or refused within four months, except in exceptional, duly justified cases.  
Moreover, Member States have to ensure that operators h ave the right to access any physical 
infrastructure controlled by national, regional or local public authorities which is technically 
suitable to host small cells, where relevant, in compliance with Directive 2014/61/EU.  
At the same time, the permit -free regime to be laid down by the implementing regulation for 
small cells is without prejudice to the powers of the Member States to establish more stringent 
measures than those foreseen in Recommendation 1999/519/EC, with regard to EMF 
compliance in accordanc e with Article 58 of the Code.  
The evaluation process for EMF compliance, in particular the determination of aggregate 
EMF levels, depends on standardised methodology and enforcement at the national level. The 
methodology for monitoring EMF compliance is a matter of national competence in line with 
applicable national framework rules established pursuant to Article 7 of Directive 
                                                           
48 Article 57(1), paragraph 3 of the Code: By way of derogation from the second subparagraph of this paragraph, 
competent authorities may require permits for the deployment of small -area wireless access points on buildings 
or sites of architectur al, historical or natural value protected in accordance with national law or where necessary 
for public safety reasons. Article  7 of Directive  2014/61/EU shall apply to the granting of those permits.  
 
18 
 2014/53/EU. A number of Member States apply limits on EMF exposure in line with 
Recommendation 1999/519/EC, whereas several Memb er States apply stricter national limits. 
In the latter case, Member States are subject to the obligations provided in Directive (EU) 
2015/1535, pursuant to Article 58 of the Code as mentioned above.    
At the same time, Member States are also subject to t he obligation under Art 45(2)(h) of the 
Code to pursue consistency and predictability throughout the Union regarding the way in 
which use of radio spectrum is authorised in protecting public health, taking into account  
Recommendation 1999/519/EC, for the purpose of promoting harmonised and efficient use of 
spectrum for electronic communications services. In this regard, Article 57(3) of the Code 
states that Article 57 is without prejudice to the authorisation regime applicable for the use of 
the relevant r adio spectrum.  
Furthermore, as already explained, SAWAPs deployment is without prejudice to applicable 
national law, as the case may be, related to private property law, permits for access to 
utilities/ducts/wayleaves and safety regulations for mounting an d/or construction. 
Nevertheless, Article 57(1)49 of the Code stipulates that Member States are bound not to 
impose undue  restrictions on SAWAP deployment. In addition, Article 57(4)50 of the Code 
stipulates that Member States shall grant access to operators to access public infrastructure for 
the purpose of SAWAP deployment.   
In order to effectuate the desired policy objective of the implementing regulation – namely to 
set the characteristics of the small cells which may be installed without a permit – inclu sion of 
an ex -post notification requirement  for SAWAP operators can be considered appropriate as an 
ancillary provision, inextricably linked to its scope. SAWAP deployment subject to the 
implementing regulation follows the principle “first come, first serv ed”, in terms of aggregate 
visual impact and EMF levels. The notification ensures that the operator marks its place in the 
sequence of installed SAWAPs. If for reasons of ex -post monitoring and enforcement at 
national  
 level, an operator may be requested t o remove its SAWAP equipment, a notification 
mechanism can mitigate disputes and any litigation at national level, as it would be 
comprehensible who is the (last) provider having to remove its equipment. As the 
implementing regulation allows the installati on of several SAWAPs within the same area, it is 
important that national competent authorities have the tools to exercise a proactive approach 
as regards protection of public health under the applicable EMF limits of Recommendation 
1999/519/EC. Notificatio ns will assist them in monitoring aggregate EMF levels. This is 
                                                           
49 Article 57(1) of the Code: “Competent authorities shal l not unduly restrict the deployment of small -area 
wireless access points. Member States shall seek to ensure that any rules governing the deployment of small -area 
wireless access points are nationally consistent. Such rules shall be published in advance o f their application.”  
50 Article 57(4) of the Code: Member States shall, by applying, where relevant, the procedures adopted in 
accordance with Directive  2014/61/EU, ensure that operators have the right to access any physical infrastructure 
controlled by national, regional or loc al public authorities, which is technically suitable to host small -area 
wireless access points or which is necessary to connect such access points to a backbone network, including 
street furniture, such as light poles, street signs, traffic lights, billboa rds, bus and tramway stops and metro 
stations. Public authorities shall meet all reasonable requests for access on fair, reasonable, transparent and non -
discriminatory terms and conditions, which shall be made public at a single information point.  
 
19 
 already the case in many Member States (e.g. France, Belgium, Greece, Luxembourg, Italy 
and Germany).  
8. Monitoring  
The table below outlines the indicators of progress that will be monitored to evaluate whether 
the objectives of this initiative are met. In line with the 'better regulation' policy of the 
Commission and in order to assess the developments in the band, the preference should be for 
regular reporting from the Member States to the Comm ission on the implementation of the 
telecoms framework on the basis of existing tools such as during country missions and with 
targeted questionnaires on specific topics. These indicators aim at evaluating the attainment of 
policy objectives related to the  widespread deployment of small cells via the streamlining and 
simplification of the permit request process, the choice of the criteria for a light deployment 
regime, and the promotion of research and development (notably on equipment which can 
benefit fro m the permit exemption regime).  
Any incomplete data relating to the complexity and timing of the permit request process could 
be complemented through information gathering from complementary sources including the 
Commission's annual fact -finding missions c arried out in Member States, input from 
stakeholders, other market data received from industry and public authorities. These are 
processes already in place that can be exploited effectively.  
The relevant amendment of standards on the EMF compliance of SAW AP to reflect any 
relevant technology development needs to be monitored in the framework of the Radio 
Equipment Directive (Directive 2014/53/EU) and, if necessary, stimulated in order to address 
for example future deployment scenarios at all relevant frequ encies and for all antenna types.  
Table 1 – Indicators of progress  
Objective  Core indicators  
Reduce barriers to small cell deployment  Complexity and diversity of existing 
regimes  
Delay of installation  
Foster public acceptance of small cells  Number and topics of complaints and 
applied remedies  
Spur research and innovation on small cells  Size and spectrum efficiency of available 
equipment  
Adaptation to relevant updates in standards  Change/amendment of referenced 
standard(s)  
 
 
  
 
20 
 ANNEX  
 
MAIN FINDINGS OF THE SECOND OPEN PUBLIC CONSULTATION ON THE 
DRAFT IMPLEMENTING REGULATION  
 
During the second open public consultation (27 February - 16 April 2020) contributions have 
been received by both telecom industry  and local authorities . All these contributions are 
available on the Better Regulation Portal51.  
Telecom industry  
The telecom industry has made suggestions on (i) adding a review clause in order for the 
implementing regulation to cover later also Active Antenna Systems, following the expected 
update of the EN 62232:2017 standard at the end of 2021, and (ii) a notification mechanism 
based on current best practices.  
With regard to the maximum volume of the visible part of an installation, the industry is in 
favour of a volume limit of 50 litres (analysed in t he following table of the joint response of 
GSMA, ETNO, Small Cell Forum, Digital Europe and GSA) in order to cover multi -
technology and multi -operator SAWAPs. However, industry considers a minimum volume 
limit at 30 litres.  
Estimated volumes (2019, based on current 
technologies)  Single  
SAWAP  Tri-sector  
SAWAP  
Radio Unit (not including the Base Band Module, 
which is assumed to be placed in a different 
centralized location)  10 L 3x10 L  
 
Antenna  3-5 L 10-15 L 
Transmission/backhaul (wireless)  0,4/4 -5 L 0,4/4 -5 L 
Power supply (auxiliary)  18 L 18 L 
 
With respect to the maximum emission power, the industry is in favour of inclusion in the 
scope of the implementing regulation of all classes included in the EN 62232:2017, and 
proposes an emission power (at the antenna input) of 10 Watt . This may produce emission 
power at the antenna output which well exceed 10 W EIRP in contradiction with Class E10.  
The industry also supports the non-introduction  of further restrictions than those set in EN 
62232 on the dep loyment of small cells of class E10 in large indoor spaces such as office 
blocks, museums, stadiums, convention centres, airports, metro -transport stations, railway 
stations, or shopping centres.  
 
                                                           
51 https://ec.europa.eu/info/law/better -regulation/have -your-say/initiatives/1981 -Light -deployment -regime -for-
small -area-wireless -access -points ) 
 
21 
 Local authorities  
Public local authorities from Spain, Neth erlands and Ireland responded to the second open 
public consultation with focus on the volume limit. The Dublin City Council reported having 
tested solutions of about 25 litres on poles and traffic infrastructure, while proposing an 
increase of volume limi t to 30 litres. These installations in Dublin implement a neutral host 
model, meaning that there is a tested example of a multi -operator solution, which can be 
realised with the 25 litres volume limit. The Barcelona City Council supported the current 20 
litres and the Dutch Cities (Eindhoven, Almere and Rotterdam) proposed only 10 litres. All 
City Councils have expressed concerns about the fees, the connection with the electricity 
network as well as the notification mechanism. For the latter, they supported  a "pre" -
notification mechanism (ex -ante).  
In a number of aspects, the suggestions from public authorities fall out of the legal scope of 
this implementing regulation as set by Article 57(2) of the Code. Moreover, inserting a "pre" - 
notification obligatio n would create delays, legal uncertainty and undermine the scope of the 
implementing regulation as it would add to the procedural obligations and give the 
opportunity for competent authorities to exert a preliminary verification of the conformity of 
the eq uipment, while the purpose is to rely on the application of the standards under the Radio 
Equipment Directive to ensure a proper installation of the equipment.