2007/98/EC: Commission Decision of 14 February 2007 on the harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services (notified under document number C(2007) 409) (Text with EEA relevance )
Date: 2007-02-14
Institutions: European Commission
Subjects: harmonisation of standards, radio telecommunications, regulation of telecommunications, satellite communications, transmission network, waveband

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 14 February 2007

on the harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of
systems providing mobile satellite services

(notified under document number C(2007) 409)

(Text with EEA relevance)

(2007/98/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

and capable of providing services in the Member States,
regionally or at a pan-European level.

Having regard to the Treaty
Community,

establishing the European

(3)

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

radio spectrum policy

Whereas:

(1)

electronic

the development of

Effective and coherent use of radio spectrum is essential
communications
for
services and can help the European Community to
stimulate growth,
and employment;
competitiveness
access to spectrum must be eased to improve efficiency,
promote innovation as well as greater flexibility for users
and more choice for consumers, while taking into
account general interest objectives (2).

(4)

In this context, systems capable of providing mobile
satellite services (MSS) are seen as an innovative alter-
native platform able to provide various types of pan-
European telecommunications and broadcasting/multi-
casting services regardless of the location of end users,
such as high speed internet/intranet access, mobile
multimedia and public protection and disaster
relief.
These services could improve coverage of rural areas in
the Community, thus bridging the digital divide in terms
of geography. The introduction of new systems providing
MSS would potentially contribute to the development of
the
competition by
increasing the offering and availability of pan-European
as
services
encouraging efficient investments.

internal market

and enhance

connectivity

end-to-end

as well

and

Systems capable of providing MSS should include at least
one or more space stations and they could include
i.e. ground
complementary ground components (CGC),
based stations used at
to
improve the availability of the mobile satellite service
in zones where communications with one or several
space stations cannot be ensured with the required
quality.

fixed locations

in order

(2)

The Commission promotes new and innovative commu-
nications systems using any kind of technical platform

(5)

(1) OJ L 108, 24.4.2002, p. 1.
(2) Council Conclusions 15530/04 and 15533/04 of 3.12.2004.

Radio spectrum is available and planned to be used for
MSS in the frequency bands 1 980 to 2 010 MHz and
2 170 to 2 200 MHz (2 GHz bands), in accordance with
decisions taken by the International Telecommunications
Union (ITU) at the WARC-92.

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A harmonised and efficient use of the 2 GHz bands for
systems providing MSS at regional or pan-European level
is necessary,
in particular due to the scope of satellite
signals, which are by nature crossing national borders.

UMTS/IMT-2000, are available for systems providing
terrestrial-only mobile services.

A mandate (1) was issued on 6 October 2005 by the
Commission to the CEPT, pursuant to Article 4(2) of
to study the harmonised
Decision No 676/2002/EC,
technical conditions for use of the 2 GHz bands for
MSS in the Community. Pursuant to this mandate, the
CEPT has submitted its report providing the technical
conditions for the use of the 2 GHz spectrum by such
systems.

The 2 GHz bands are currently unused in most Member
States and should,
in line with the CEPT technical
conclusions, be designated and made available without
unnecessary delay in all Member States for systems
providing MSS to ensure the development of
such
systems.

the coexistence of systems
CEPT has concluded that
capable of providing MSS and systems providing
terrestrial-only mobile services in the same spectrum in
the 2 GHz bands without harmful
interference is not
feasible in the same geographical area. Consequently, in
interference to MSS and inef-
order to avoid harmful
ficient use of spectrum, it is necessary to designate and
make available the 2 GHz bands to systems capable of
providing MSS on a primary basis. This means that
where the 2 GHz bands are used by other systems,
which are not capable of providing MSS, these other
interference to nor
systems should not cause harmful
claim protection
providing mobile
from systems
satellite services. According to the CEPT, CGCs would
interference, as long as they are an
not cause harmful
integral part of the system providing MSS, are controlled
by the resource and network management mechanism of
such system, and are operating on the same portions of
frequency band as the satellite components of the system.
Under these conditions, subject to an appropriate author-
isation regime, CGCs could also be utilised even if signals
are not transmitted through the satellite components.

(12)

Considering the market developments and evolution of
technologies, the need for this Decision, as well as its
scope and application, may need to be reviewed in the
future, based in particular on assessment by the
Commission and on information provided by the
Member States.

(13)

The provisions of
this Decision should be without
prejudice to the granting of authorisations for the use
of the 2 GHz bands.

(14)

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 1 980
to 2 010 MHz (earth-to-space) and 2 170 to 2 200 MHz (space-
to-earth) for systems providing mobile satellite services in the
Community.

Article 2

‘systems providing mobile
For the purposes of this Decision,
satellite services’ are systems capable of providing radiocommu-
nications services between a mobile earth station and one or
more space stations, or between mobile earth stations by means
of one or more space stations, or between a mobile earth
station and one or more
complementary ground based
stations used at fixed locations.

(6)

(7)

(8)

(9)

(10)

The results of
Commission mandate
Community.

the work carried out pursuant

should

be

applied

to the
in the

Article 3

1. Member States shall designate and make available as from
1 July 2007 the frequency bands 1 980 to 2 010 MHz and
2 170 to 2 200 MHz for systems providing mobile satellite
services.

(11)

It is appropriate to give priority to systems providing
MSS in the 2 GHz bands because other
frequency
for example those designated for GSM and
bands,

(1) Mandate to CEPT to study and identify the technical conditions
relating to the harmonised approach in the European Union of
Mobile Satellite Services in 2 GHz bands (1 980 to 2 010 MHz
and 2 170 to 2 200 MHz).

Any other use of these bands shall not cause harmful
inter-
ference to systems providing mobile satellite services and may
not claim protection from harmful
interference caused by
systems providing mobile satellite services.

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Any complementary ground based station shall constitute
2.
an integral part of the mobile satellite system and shall be
controlled by the satellite resource and network management
system. It shall use the same direction of transmission and the
frequency bands as the associated satellite
same portions of
components and shall not increase the spectrum requirement
of its associated mobile satellite system.

Article 4

Member States shall keep the use of the relevant bands under
scrutiny and report their findings to the Commission to allow
for a review of this Decision if necessary.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 14 February 2007.

For the Commission

Viviane REDING
Member of the Commission