2005/513/EC: Commission Decision of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANs) (notified under document number C(2005) 2467)   (Text with EEA relevance)
Date: 2005-07-11
Institutions: European Commission
Subjects: harmonisation of standards, radio telecommunications, regulation of telecommunications, waveband

L 187/22

EN

Official Journal of the European Union

19.7.2005

COMMISSION

COMMISSION DECISION

of 11 July 2005

on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of
wireless access systems including radio local area networks (WAS/RLANs)

(notified under document number C(2005) 2467)

(Text with EEA relevance)

(2005/513/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Decision No 676/2002/EC of the European
Parliament and of the Council of 7 March 2002 on a regulatory
in the European
framework for
Community (radio spectrum Decision) (1), and in particular
Article 4(3) thereof,

radio spectrum policy

Whereas:

(1)

(2)

(3)

to public

Commission recommendation 2003/203/EC of 20 March
2003 on the harmonisation of the provision of public
communications
R-LAN access
networks and services in the Community (2)
recom-
mended Member States
to allow the provision of
public R-LAN access to public electronic communi-
cations networks and services in the available 5 GHz
band.

electronic

It also considered that further harmonisation in particular
of the 5 GHz band would be necessary in the framework
of Decision No 676/2002/EC to ensure that the band be
available for R-LAN in all Member States and to alleviate
the growing overloading of the 2,4 GHz band designated
for R-LAN by Decision (01)07 of the European Radio-
communications Committee (3).

The relevant parts of
the 5 GHz band have been
allocated to the mobile service, except aeronautical
mobile service, on a primary basis, in all three Regions
of the International Telecommunication Union (ITU) by
the World Radiocommunication Conference 2003
(WRC-03),
the need to protect
other primary services in these frequency bands.

taking into account

(4) WRC-03 adopted ITU-R Resolution 229 on the ‘Use of
the bands 5 150-5 250, 5 250-5 350 MHz and 5 470-
5 725 MHz by the mobile service for the implementation
of wireless access systems including radio local area
networks’ which was an incentive for further European
harmonisation to allow R-LAN systems to rapidly access
the European Union.

(5) With a view to such harmonisation, a mandate (4) was
issued on 23 December 2003 by the Commission to the
European Conference of Postal and Telecommunications
(CEPT), pursuant
to Article 4(2) of
Administrations
Decision No
radio
harmonise
to
676/2002/EC,
spectrum in the 5 GHz band for use by RLANs.

(6)

As a result of that mandate, the CEPT, through its Elec-
tronic Communications Committee, has defined in its
report (5) of 12 November 2004 and in its Decision
specific
12 November
of
ECC/DEC(04)08
technical and operational conditions
the use of
specific frequencies
in the 5 GHz band, which are
acceptable to the Commission and the Radio Spectrum
Committee and should be made applicable in the
to ensure the development of
Community in order
WAS/RLANs on a harmonised basis in the Community.

2004
for

(7) WAS/RLAN equipment must fulfil the requirements of
Directive 1999/5/EC of the European Parliament and of
the Council of 9 March 1999 on radio equipment and
telecommunications terminal equipment and the mutual
recognition of their conformity (6). Article 3.2 of this
that
Directive
equipment does not cause harmful interference to other
users of the spectrum.

obliges manufacturers

ensure

to

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 78, 25.3.2003, p. 12.
(3) ERC Decision (01)07 of 12 March 2001 on harmonised frequencies,
technical characteristics and exemption from individual licensing of
short range devices used for radio local area networks (RLANs)
operating in the frequency band 2 400-2 483,5 MHz.

(4) Mandate to CEPT to harmonise technical and, in particular, opera-
tional conditions aiming at efficient spectrum use by RLANs in the
bands 5 150-5 350 MHz and 5 470-5 725 MHz.

(5) CEPT response to the EC mandate to harmonise technical and, in
particular, operational conditions aiming at efficient spectrum use by
RLANs in the bands 5 150-5 350 MHz and 5 470-5 725 MHz.

(6) OJ L 91, 7.4.1999, p. 10.

19.7.2005

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Official Journal of the European Union

L 187/23

(8)

(9)

In several Member States, there is an essential need for
the operation of military and meteorological radars in the
bands between 5 250 and 5 850 MHz which requires
specific protection against harmful
interference by
WAS/RLAN.

power
as

radiated
such

There also is a need to specify appropriate equivalent
operational
isotropic
restrictions,
for
indoor
WAS/RLANs in particular in the frequency band 5 150-
5 350 MHz in order to protect systems in the Earth
exploration-satellite service (active), space research service
(active) and mobile-satellite service feeder links.

and
restrictions,

limits
use

in

the

service

Standards

harmonised

been included

radiodetermination

(10) As specified in the CEPT report sharing between the
radars
and
WAS/RLANs in the frequency bands 5 250-5 350 MHz
and 5 470-5 725 MHz is only feasible with the appli-
cation of power limits and mitigation techniques that
interfere with radar
ensure that WAS/RLANs do not
applications/systems. Transmitter Power Control
(TPC)
and Dynamic Frequency Selection (DFS) have there-
standard
in the
fore
EN 301 893 (1) developed by the European Telecommu-
nications
provide
Institute
presumption of conformity for WAS/RLAN equipment
with Directive 1999/5/EC. Transmitter power control
in WAS/RLANs in the bands 5 250-5 350 MHz
(TPC)
and 5 470-5 725 MHz would facilitate sharing with
satellite services by significantly reducing the aggregate
interference. DFS, which complies with the detection,
operational
in
Annex I to Recommendation ITU-RM. 1652 (2) avoids
that WAS/RLANs use frequencies that are in use by
radars. The effectiveness of the mitigation techniques in
EN 301 893 to protect fixed frequency radars will be
monitored. It is subject to review so as to take account
of new developments, based on the study by Member
States of suitable test methods and procedures for miti-
gation techniques.

and response

requirements

set out

(ETSI)

to

(11)

It is recognised at Community and ITU level that there is
a need for further studies and the possibility of devel-
opment of alternative technical/operational conditions for

(BRAN); 5 GHz

(1) EN 301 893 is a harmonised standard developed by ETSI (European
Telecommunications Standards Institute), ETSI Secretariat, entitled
Broadband Radio Access Networks
high
performance RLAN; Harmonised EN covering essential requirements
of Article 3.2 of
is recognised
according to European Parliament and Council Directive 98/34/EC.
This harmonised standard has been produced according to a
mandate
issued in accordance with relevant procedures of
European Parliament and Council Directive 98/34/EC. The full text
of EN 301 893 can be obtained from ETSI 650 Route des Lucioles
F-06921 Sophia Antipolis Cedex.

the R&TTE Directive. The ETSI

(2) Recommendation ITU-R M.1652 Dynamic frequency selection (DFS)
in wireless access systems including radio local area networks for the
purpose of protecting the radiodetermination service in the 5 GHz
band (Questions ITU-R 212/8 and ITU-R 142/9).

whilst

providing

appropriate
still
WAS/RLANs,
protection of other primary services in particular radiolo-
cation. Furthermore, it is appropriate for national admin-
istrations to perform measurement campaigns and testing
to facilitate coexistence between various services. Such
studies and development will be taken into account in
the future review of this Decision.

(12)

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Radio Spectrum

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the conditions for
the availability and efficient use of the frequency bands 5 150-
5 350 MHz and 5 470-5 725 MHz for wireless access systems
including radio local area networks (WAS/RLANs).

Article 2

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

(a)

‘wireless access systems including radio local area networks
(WAS/RLANs)’ shall mean broadband radio systems that
allow wireless access for public and private applications
disregarding the underlying network topology.

(b) ‘indoor use’ shall mean use inside a building,

including
places assimilated thereto such as an aircraft, in which the
shielding will typically provide the necessary attenuation to
facilitate sharing with other services.

(c)

‘mean equivalent isotropically radiated power (e.i.r.p.)’ shall
mean e.i.r.p. during the transmission burst which corre-
sponds to the highest power,
is imple-
mented.

if power control

Article 3

Member States shall designate by 31 October 2005 at the latest
the frequency bands 5 150-5 350 MHz and 5 470-5 725 MHz
and take all appropriate means relating thereto for the imple-
mentation of WAS/RLANs, subject to the specific conditions
laid down in Article 4.

L 187/24

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Official Journal of the European Union

19.7.2005

Article 4

1.
In the frequency band 5 150-5 350 MHz, WAS/RLANs
shall be restricted to indoor use with a maximum mean
e.i.r.p. of 200 mW.

Furthermore,
limited:

the maximum mean e.i.r.p. density shall be

(a) to 0,25 mW/25 kHz in any 25 kHz band,

in the band

5 150-5 250 MHz and

transmitter power control

the maximum
If
permitted mean e.i.r.p. and the corresponding mean e.i.r.p.
density limits for
the 5 250-5 350 MHz and 5 470-5 725
MHz bands shall be reduced by 3 dB.

in use,

is not

4. WAS/RLANs operating in the bands 5 250-5 350 MHz
and 5 470-5 725 MHz shall use mitigation techniques that
give at least the same protection as the detection, operational
and response requirements described in EN 301 893 to ensure
compatible operation with radiodetermination systems. Such
mitigation techniques shall equalise the probability of selecting
a specific channel for all available channels so as to ensure, on
average, a near-uniform spread of spectrum loading.

(b) to 10 mW/MHz in any 1 MHz band, in the band 5 250-

5 350 MHz.

5. Member States shall keep mitigation techniques under
regular review and report to the Commission thereupon.

In the frequency band 5 470-5 725 MHz, the indoor and
2.
outdoor use of WAS/RLANs shall be restricted to a maximum
mean e.i.r.p. of 1 W and a maximum mean e.i.r.p. density of
50 mW/MHz in any 1 MHz band.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 11 July 2005.

3. WAS/RLANs operating in the bands 5 250-5 350 MHz
and 5 470-5 725 MHz
transmitter power
control, which provides, on average, a mitigation factor of at
least 3 dB on the maximum permitted output power of the
systems.

employ

shall

For the Commission

Viviane REDING
Member of the Commission