2005/928/EC: Commission Decision of  20 December 2005  on the harmonisation of the 169,4-169,8125 MHz frequency band in the Community  (notified under document number C(2005) 5003)   (Text with EEA relevance)
Date: 2005-12-20
Institutions: European Commission
Subjects: facilities for people with disabilities, measuring equipment, waveband

27.12.2005

EN

Official Journal of the European Union

L 344/47

COMMISSION DECISION

of 20 December 2005

on the harmonisation of the 169,4-169,8125 MHz frequency band in the Community

(notified under document number C(2005) 5003)

(Text with EEA relevance)

(2005/928/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Decision No 676/2002/EC of the European Par-
liament and of the Council of 7 March 2002 on a regulatory
framework for radio spectrum policy in the European Commu-
nity (Radio Spectrum Decision) (1), and in particular Article 4(3)
thereof,

Whereas:

(1)

(2)

(3)

Council Directive 90/544/EEC of 9 October 1990 on the
frequency bands designated for the coordinated introduc-
tion of pan-European land-based public radio paging in the
Community (the ERMES Directive) (2) was repealed on
27 December 2005 by Directive 2005/82/EC of the Euro-
pean Parliament and of the Council (3). That Directive
required Member States to designate in the 169,4 to 169,8
MHz radio spectrum band four channels for the pan-
European land-based public radio paging service (herein-
after referred to as ‘ERMES’) and to ensure that ERMES
services occupy, as quickly as possible, the whole of the
169,4 to 169,8 MHz radio spectrum band according
to commercial demand.

The use of the 169,4 to 169,8 MHz radio spectrum band
for ERMES in the Community has decreased dramatically
or even ceased altogether, with the result that this radio
spectrum band is not being efficiently utilised by ERMES
and could therefore be better used to fulfil other Commu-
nity policy needs.

Pursuant to Article 4(2) of the Radio Spectrum Decision,
the Commission issued on 7 July 2003 a mandate to the
European Conference of Postal and Telecommunications
Administrations (hereinafter referred as ‘CEPT’) to collect

information on the current and future possible applica-
tions of the 169,4 to 169,8 MHz band, to identify a list of
alternative options for the use of the radio spectrum band
and in particular those which are not related only to tradi-
tional electronic communications. The CEPT was asked to
evaluate,
for each possible application, co-existence
between various applications and the possibility of using
alternative radio spectrum bands, in line with the prin-
ciples of the Framework Directive. The radio spectrum
band, which is already partially harmonised, is appropri-
ate for certain applications related to the establishment and
functioning of the internal market in a number of Com-
munity policy areas, among which some are likely to ben-
efit disabled people or assist justice and home affairs
collaboration in the European Union.

(4)

(5)

(6)

Article 8(4) of Directive 2002/21/EC of the European Par-
liament and of the Council of 7 March 2002 on a common
regulatory framework for the electronic communications
networks and services (Framework Directive) (4) requires
Member States to promote the interests of European Union
citizens by inter alia addressing the needs of specific social
groups, in particular hearing impaired persons and persons
requiring urgent assistance.

Based on technical
investigations and on collection of
information, the CEPT confirmed that despite the adoption
of Directive 90/544/EEC, the use of this radio spectrum
band for ERMES has remained very limited and that the
need for radio messaging or paging systems has changed
in Europe as the functions thereof have been replaced by
other technologies such as short messaging systems (SMS)
over GSM.

The designation of parts of the 169,4 to 169,8 MHz radio
spectrum band for ERMES should therefore be modified in
the Community in order to ensure more efficient use of
this radio spectrum band, while preserving its harmonised
character.

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 310, 9.11.1990, p. 28.
(3) OJ L 344, 27.12.2005, p. 38.

(4) OJ L 108, 24.4.2002, p. 33.

L 344/48

EN

Official Journal of the European Union

27.12.2005

(7)

(8)

As mandated, the CEPT has produced a new frequency
plan and channel arrangement allowing six types of pre-
ferred applications to share the radio spectrum band from
169,4 up to 169,8125 MHz, in order to meet several Com-
munity policy needs. These needs include assistance
through the use of hearing aids to persons suffering from
hearing disability, for whom a harmonised radio spectrum
band in the Community would improve travelling condi-
tions between Member States and reduce equipment prices
through economies of scale; the development of the inter-
nal market for social alarms, which allow elderly or dis-
abled people to send alarm messages for assistance, asset
tracking or tracing devices, which would assist in tracking
and recovering stolen goods across the Community, meter
reading systems used by water and electricity utility com-
panies; and existing paging systems such as ERMES as well
as private mobile radio systems (PMR) when employed for
temporary use, to assist in the coverage of special tempo-
rary events for a period of a few days up to a few months.

The results of the mandate to the CEPT, which the Com-
mission regards as satisfactory, should be made applicable
in the Community and implemented by the Member States.
The remaining ERMES and/or PMR authorisations which
are not
in conformity with the new frequency plan
and channel arrangement should be allowed to remain
unaffected until their expiry or until ERMES and/or PMR
applications can be moved to the appropriate radio spec-
trum bands without excessive burden.

(9) When allowing access to radio spectrum the least onerous
authorisation system should be used, in accordance with
Directive 2002/20/EC of the European Parliament and of
the Council of 7 March 2002 on the authorisation of elec-
tronic communications networks and services (Authorisa-
tion Directive) (1), including absence of individual rights of
use.

(10) Without prejudice to the fact that spectrum requirements
of specific policies may require exclusive frequency desig-
nations, it is generally appropriate to propose as generic
allocations as possible for radio spectrum bands so as to
steer their usage only by defining specific usage constraints
such as duty cycle or power levels, and to ensure through
harmonised standards recognised under the Directive
1999/5/EC of the European Parliament and of the Council
of 9 March 1999 on radio equipment and telecommuni-
cations terminal equipment and the mutual recognition of
their conformity (2) that equipment operating in the allo-
cated radio spectrum minimises use of the radio spectrum
in a way to avoid harmful interference.

(11)

(12)

Coordination of channels in the high power part of the
169,4 – 169,8125 MHz band between neighbouring coun-
tries will be ensured by bi- or multilateral agreements.

to ensure effective use of

the 169,4 to
In order
169,8125 MHz band also in the longer term administra-
tions should continue with studies that may increase effi-
ciency, in particular the utilisation of the identified guard
band.

(13)

The measures provided for in this Decision are in accor-
dance with the opinion of the Radio Spectrum Committee.

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

The subject matter of this Decision is the harmonisation of the
conditions for the availability and efficient use of the 169,4 –
169,8125 MHz radio spectrum band in the Community.

Article 2

Definitions

For the purposes of this Decision,

(a)

(b)

‘hearing aid’ means a radio communications system which
usually includes one or more radio transmitters and one or
more radio receivers allowing persons suffering from hear-
ing disability to increase their listening capability;

‘social alarm’ means a reliable radio communications system
and network including portable equipment which allows a
person in distress in a limited area to initiate a call for assis-
tance by a simple manipulation;

(c)

‘meter reading system’ means a system which allows remote
status monitoring, measuring and service commands using
radio communication devices;

(d)

‘tracing and asset tracking system’ means a system which
allows the tracing and tracking of goods, leading to their
recovery, consisting in general of an radio transmitter placed
on the item to be protected and a receiver and may also
include an alarm;

(1) OJ L 108, 24.4.2002, p. 21.
(2) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(e)

‘paging system’ means a system allowing one-way radio com-
munications between the sender and the receiver using a base
station with the mobile as a receiver;

27.12.2005

EN

Official Journal of the European Union

L 344/49

(f)

‘private mobile radio communications (PMR)’ means a land
mobile communications service using simplex, half duplex
and possibly full duplex modes at the terminal level to pro-
vide closed user group communications.

Article 3

Harmonised applications

The 169,4 – 169,8125 MHz band shall be divided into a
1.
low power part and a high power part. Its frequency plan and the
channelling arrangements shall be laid down in the Annex to this
Decision.

2.
The low power part of the 169,4 – 169,8125 MHz radio
spectrum band shall accommodate the following preferred
applications:

(a)

exclusive use for hearing aids;

(b) exclusive use for social alarms;

(c) non-exclusive use for meter reading systems;

(d) non-exclusive use for low power transmitters for tracking

and asset tracing systems.

The high power part of the 169,4 – 169,8125 MHz band

3.
shall accommodate the following preferred applications:

(a) high power transmitters for tracing and asset

tracking

systems;

(b) existing paging systems or paging systems relocating from

other channels in the radio spectrum band.

Alternative applications for the 169,4 – 169,8125 MHz
4.
radio spectrum band may be implemented provided that they do
not constrain the harmonised implementation of the preferred
applications. These alternative applications shall be:

(a) hearing aids, for the non-exclusive, low power part of the

radio spectrum band;

(b)

tracing, paging, temporary use or private mobile radio com-
munications on a national basis in the high power part of the
band.

5.
The maximum radiated power in the low power part of the
169,4 – 169,8125 MHz radio spectrum band shall be limited
to 0,5 Watt effective radiated power (e.r.p.). The maximum duty
cycles for the meter reading systems and tracing and asset track-
ing system in the low power part of the 169,4 – 169,8125 MHz
radio spectrum band shall be < 10 % and < 1 % respectively.

6.
The use of the 169,4 – 169,8125 MHz radio spectrum band
by paging systems and private mobile radio communications that
is authorised at the date of notification of this Decision and which
is not in conformity with Article 3 paragraphs 1 to 5, may con-
tinue for as long as the authorisations for such services, existing
at the date of notification of this Decision, remain valid.

Article 4

Implementation of Article 3

Article 3 shall apply from 27 December 2005.

Article 5

Review

Member States shall keep the use of the 169,4 – 169,8125 MHz
radio spectrum band under review to ensure the efficient use
thereof and report their findings to the Commission.

Article 6

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 20 December 2005.

For the Commission
Viviane REDING
Member of the Commission

L 344/50

EN

Official Journal of the European Union

27.12.2005

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27.12.2005

EN

Official Journal of the European Union

L 344/51

Channelling arrangement for the 169,4 – 169,8125 MHz band

12,5 kHz bandwidth

25 kHz bandwidth

50 kHz bandwidth

Channel number

Centre frequency

Channel number

Centre frequency

Channel number

Centre frequency

‘0’

169,437500

‘1’

‘2’

169,512500

169,562500

1a

1b

2a

2b

3a

3b

4a

4b

5a

5b

6a

6b

7a

7b

8a

8b

9a

9b

10a

10b

11a

11b

12a

12b

13a

13b

14a

14b

15a

15b

16a

16b

169,406250

169,418750

169,431250

169,443750

169,456250

169,468750

169,481250

169,493750

169,506250

169,518750

169,531250

169,543750

169,556250

169,568750

169,581250

169,593750

1

2

3

4

5

6

7

8

12,5 kHz ‘guard band’

169,618750

169,631250

169,643750

169,656250

169,668750

169,681250

169,693750

169,706250

169,718750

169,731250

169,743750

169,756250

169,768750

169,781250

169,793750

169,806250

9

10

11

12

13

14

15

16

169,412500

169,437500

169,462500

169,487500

169,512500

169,537500

169,562500

169,587500

169,62500

169,65000

169,67500

169,70000

169,72500

169,75000

169,77500

169,80000