2007/131/EC: Commission Decision of 21 February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community (notified under document number C(2007) 522) (Text with EEA relevance)
Date: 2007-02-21
Institutions: European Commission
Subjects: electromagnetic interference, harmonisation of standards, technical standard, telecommunications equipment, transmission network, waveband

23.2.2007

EN

Official Journal of the European Union

L 55/33

COMMISSION DECISION

of 21 February 2007

on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a
harmonised manner in the Community

(notified under document number C(2007) 522)

(Text with EEA relevance)

(2007/131/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)

The European Council has recognised the significant
contribution to growth and jobs by building a fully
inclusive information society, based on widespread use
of information and communication technologies (ICTs)
in public services, SMEs and households (2). With the
i2010 initiative, the Commission emphasised ICT as a
major driver of competitiveness, growth and jobs (3).

The creation of an open and competitive single market
for information society equipment and media services
to ICT uptake. The
within the Community is critical
Community regulatory framework for electronic commu-
nications services and equipment can enhance competi-
inter
tiveness and foster competition in the ICT sector,
alia by ensuring the timely introduction of new tech-
nologies.

typically characterised by
Ultra-wideband technology,
very low power
radiation over a very large radio
bandwidth, could provide a host of communications,
measurement,
and
imaging applications of benefit to various Community
including the information society and the
policies,
to
internal market.

location, medical,

In this context,

is important

surveillance

it

(4)

(5)

(6)

establish regulatory conditions which will encourage the
development of economically viable markets for appli-
cations of ultra-wideband technology as commercial
opportunities arise.

The timely deployment and uptake of applications using
ultra-wideband technology within the Community will be
assisted by harmonising radio spectrum use rules across
thus establishing an effective single
the Community,
consequent
market
economies of scale and benefits to the consumer.

applications, with

these

for

are

signals

typically

ultra-wideband

of
Although
extremely low power, the possibility of harmful
inter-
ference with existing radiocommunication services exists
and needs to be managed. Therefore,
the regulatory
the radio spectrum for ultra-
framework for use of
wideband technology must
to
protection against harmful interference (including access
to the
earth
radio spectrum by radio astronomy,
exploration satellite and space research systems) and
balance the incumbent services’
the
overall
favourable
conditions
innovative tech-
nologies for the benefit of society.

objective
the introduction of

interests against
providing

policy
for

respect

rights

the

of

fields), (4)

The use of spectrum is subject to the requirements of
Community law for public health protection in particular
Directive 2004/40/EC of the European Parliament and of
the Council of 29 April 2004 on the minimum health
and safety requirements
regarding the exposure of
workers to the risks arising from physical agents (electro-
and Council Recommendation
magnetic
1999/519/EC of 12 July 1999 on the limitation of
exposure of the general public to electromagnetic fields
(0 Hz to 300 GHz) (5). Health protection for
radio
equipment is ensured by conformity of such equipment
to Directive
to the essential
1999/5/EC of
the
Council of 9 March 1999 on radio equipment and tele-
communications terminal equipment and the mutual
recognition of their conformity (the R&TTE Directive) (6).

the European Parliament and of

requirements pursuant

(4) OJ L 159, 30.4.2004, p. 1, as amended by OJ L 184, 24.5.2004,

p. 1.

(1) OJ L 108, 24.4.2002, p. 1.
(2) European Council Conclusions 7619/1/05 Rev. 1 of 23.3.2005.
(3) COM(2005) 229.

(5) OJ L 199, 30.7.1999, p. 59.
(6) OJ L 91, 7.4.1999, p. 10. Directive amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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Official Journal of the European Union

23.2.2007

(7)

(8)

(9)

(10)

(11)

Pursuant to Article 4(2) of the Radio Spectrum Decision,
the Commission has given three mandates (7)
to the
European Conference of Postal and Telecommunications
Administrations (hereinafter referred to as the CEPT) to
undertake all necessary work to identify the most appro-
priate
the
harmonised introduction of ultra-wideband-based appli-
cations in the European Union.

operational

technical

criteria

and

for

technical

This Decision is based on the
studies
undertaken by the CEPT under EC mandate. These
compatibility studies include, inter alia, the presumption
that equipment using ultra-wideband technology will be
operated predominantly indoors and that it will cease
transmission within 10 seconds unless it receives an
its
acknowledgement
video
transmission is being received.
signals will be transmitted using predominantly high-effi-
ciency coding.

from an associated receiver that

Furthermore,

Outdoor use of equipment using ultra-wideband tech-
nology covered by this Decision should not include use
at a fixed outdoor location or connected to a fixed
outdoor antenna or in vehicles. The potential interference
caused by such uses requires further study.

Equipment using ultra-wideband technology covered by
this Decision falls within the scope of
the R&TTE
Directive. Nevertheless, the use of frequency bands by
equipment using ultra-wideband technology for
air
in aircraft and
traffic management communications
safety-of-life applications in ships does not fall under
the R&TTE Directive and any use of such equipment in
these safety-of-life environments should be determined
by appropriate sector-specific regulation.

the

to the R&TTE Directive,

European
Pursuant
Commission has given a mandate (M/329)
to the
European standardisation organisations to establish a
set of Harmonised Standards covering ultra-wideband
applications to be recognised under this Directive, and
resulting in a presumption of conformity with its
requirements.

(13)

(14)

(15)

which will take account of potential aggregate effects, if
such effects could lead to harmful interference, and of the
compatibility studies of the CEPT. Harmonised Standards
should be maintained and evolve over time to ensure
protection of emerging services for which bands as yet
have not been designated.

considers

Furthermore, when a Member State
that
equipment using ultra-wideband technology within the
scope of the R&TTE Directive and of any Harmonised
Standards adopted pursuant
thereto does not comply
with the requirements of the abovementioned Directive,
safeguard measures may be applied in accordance with
Articles 9 and 5 of the Directive respectively.

this Decision is

The use of radio spectrum by equipment using ultra-
wideband technology under
to be
allowed on a non-interference and non-protected basis
and therefore should be subject
to Article 5(1) of
Directive 2002/20/EC of the European Parliament and
of the Council of 7 March 2002 on the authorisation
of electronic communications networks and services (8).

in the

administrations ought

For the purpose of ensuring the continued relevance of
the conditions specified in this Decision and given the
radio spectrum environment,
rapid changes
national
to monitor, where
possible, use of the radio spectrum by equipment using
ultra-wideband technology, so as to subject this Decision
to active review. Such review should take into account
technological development and changes in the market
situation and
assumptions
concerning the operation of equipment using ultra-
wideband technology in the frequency range specified
in this Decision are still relevant.

initial

verify

that

the

(16)

In order
to ensure adequate protection of existing
services, this Decision should lay down conditions that
are deemed adequate to protect currently operating
services.

(12)

In response to mandate M/329 from the EC, the ETSI is
such as Harmonised
developing European standards
Standard EN 302 065 for ultra-wideband technology

(7) Mandate to the CEPT to harmonise radio spectrum use for ultra-
wideband systems in the European Union (Mandate 1); mandate to
the CEPT to identify the conditions necessary for harmonising radio
spectrum use for ultra-wideband systems in the European Union
(Mandate 2); mandate to CEPT to identify the conditions relating
to the harmonised introduction in the European Union of radio
spectrum applications based on Ultra-Wideband (UWB) technology
(Mandate 3).

(17) Appropriate mitigation techniques (including detect-and-
avoid or low-duty-cycle approaches) studied and specified
by CEPT and ETSI under the respective EC Mandates,
should be included in Harmonised Standards under the
R&TTE Directive once stable and proven to provide
equivalent protection to the emission levels identified in
this Decision.

(8) OJ L 108, 24.4.2002, p. 21.

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(18)

in the 4,2 to 4,8 GHz band for
The conditions
equipment using ultra-wideband technology without
appropriate mitigation techniques
time
limited and be replaced by more restrictive conditions
beyond the date of 31 December 2010, because there
is an expectation that equipment of this type should
operate exclusively above 6 GHz in the longer term.

should be

(19)

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 allow the use of the radio
spectrum by equipment using ultra-wideband technology and to
harmonise the conditions of such use in the Community.

This Decision shall apply without prejudice
to Directive
1999/5/EC (the R&TTE Directive) and to any Community
the radio spectrum by specific
provisions allowing use of
types of equipment using ultra-wideband technology.

Article 2

For the purposes of this Decision:

1.

2.

3.

using

ultra-wideband

technology’ means
‘equipment
incorporating, as an integral part or as an
equipment
accessory, technology for short-range radiocommunication,
involving the intentional generation and transmission of
radio-frequency energy that spreads over a frequency range
wider than 50 MHz, which may overlap several frequency
bands allocated to radiocommunication services;

‘non-interference and non-protected basis’ means that no
harmful interference may be caused to any radiocommuni-
cation service and that no claim may be made for protection
of these devices against harmful interference originating from
radiocommunication services;

‘indoors’ means inside buildings or places in which the
shielding will typically provide the necessary attenuation to
protect radiocommunication services against harmful
inter-
ference;

4.

‘automotive vehicle’ means any vehicle as defined by Council
Directive 70/156/EEC (9);

5.

‘railway vehicle’ means any vehicle as defined by Regulation
(EC) No 91/2003 of the European Parliament and of the
Council (10);

6.

‘e.i.r.p.’ means equivalent isotropic radiated power;

7.

8.

‘mean e.i.r.p. density’ means the mean power measured with
a 1 MHz resolution bandwidth, a root-mean-square (RMS)
detector and an averaging time of 1 ms or less;

‘peak e.i.r.p. density’ means the peak level of transmission
contained within a 50 MHz bandwidth centred on the
frequency at which the highest mean radiated power
occurs. If measured in a bandwidth of x MHz, this level is
to be scaled down by a factor of 20log(50/x)dB;

9.

‘maximum e.i.r.p. density’ means the highest signal strength
measured in any direction at any frequency within the
defined range.

Article 3

The Member States shall, as early as possible and no later than
six months following the entry into force of this Decision, allow
the use of the radio spectrum on a non-interference and non-
protected basis by equipment using ultra-wideband technology
provided that such equipment meets the conditions set out in
the Annex to this Decision and it is either used indoors or, if it
is used outdoors, it is not attached to a fixed installation, a fixed
infrastructure, a fixed outdoor antenna, or an automotive or
railway vehicle.

Article 4

Member States shall keep the use of the bands identified in the
Annex by equipment using ultra-wideband technology under
in particular with regard to the continued relevance
scrutiny,
of all the conditions specified in Article 3, and report their
findings to the Commission to allow a timely review of this
Decision.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 21 February 2007.

For the Commission

Viviane REDING
Member of the Commission

(9) OJ L 42, 23.2.1970, p. 1.

(10) OJ L 14, 21.1.2003, p. 1.

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Official Journal of the European Union

23.2.2007

1. Maximum e.i.r.p. densities in the absence of appropriate mitigation techniques

ANNEX

Frequency range
(GHz)

Maximum mean e.i.r.p. density
(dBm/MHz)

Maximum peak e.i.r.p. density
(dBm/50 MHz)

Below 1,6

1,6 to 3,4

3,4 to 3,8

3,8 to 4,2

4,2 to 4,8

4,8 to 6,0

6,0 to 8,5

8,5 to 10,6

Above 10,6

– 90,0

– 85,0

– 85,0

– 70,0

– 50,0

– 45,0

– 45,0

– 30,0

– 41,3
(until 31 December 2010)

0,0
(until 31 December 2010)

– 70,0
(beyond 31 December 2010)

– 30,0
(beyond 31 December 2010)

– 70,0

– 41,3

– 65,0

– 85,0

– 30,0

0,0

– 25,0

– 45,0

2. Appropriate mitigation techniques

A maximum mean e.i.r.p. density of – 41,3 dBm/MHz is allowed in the 3,4 to 4,8 GHz bands provided that a low
duty cycle restriction is applied in which the sum of all transmitted signals is less than 5 % of the time each second
and less than 0,5 % of the time each hour, and provided that each transmitted signal does not exceed 5 milliseconds.

Equipment using ultra-wideband technology may also be allowed to use the radio spectrum with e.i.r.p. limits other
than those set out in the table in point 1 provided that appropriate mitigation techniques other than those set out in
the first sub-paragraph are applied with the result that the equipment achieves at least an equivalent level of protection
to that provided by the limits in the table set out in point 1.