2008/294/EC: Commission Decision of 7 April 2008 on harmonised conditions of spectrum use for the operation of mobile communication services on aircraft (MCA services) in the Community (notified under document number C(2008) 1256) (Text with EEA relevance)
Date: 2008-04-07
Institutions: European Commission
Subjects: air safety, air transport, harmonisation of standards, telecommunications, transmission network, waveband

10.4.2008

EN

Official Journal of the European Union

L 98/19

COMMISSION DECISION

of 7 April 2008

on harmonised conditions of spectrum use for the operation of mobile communication services on
aircraft (MCA services) in the Community

(notified under document number C(2008) 1256)

(Text with EEA relevance)

(2008/294/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

cation systems, operating in accordance with other
standards and in other frequency bands.

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
framework for
in the European
Community (the Radio Spectrum Decision) (1), and in particular
Article 4(3) thereof,

radio spectrum policy

Whereas:

(1)

(2)

(3)

(4)

The i2010 — European Information Society strategic
framework (2) — promotes an open and competitive
digital economy in the European Union and emphasises
ICT as a driver of inclusion and quality of life. Develop-
ment of additional means of communicating could be
beneficial for work productivity and for growth in the
mobile telephony market.

Airborne connectivity applications are, by nature, pan-
European as they will be used mostly for cross-border
flights within the Community and beyond. A coordinated
approach to regulate mobile communication services on
aircraft (MCA services) will support the objectives of the
Single Market.

Harmonisation of the rules on the use of radio spectrum
across the Community will facilitate timely deployment
and uptake of MCA services within the Community.

Commercial operation of MCA services
is currently
considered only for GSM systems operating in the
1 710-1 785 MHz band for uplink (terminal transmit
and base station receive) and the 1 805-1 880 MHz
band for downlink (base station transmit and terminal
receive), in accordance with ETSI standards EN 301 502
and EN 301 511. However,
in the future it may be
extended to other terrestrial public mobile communi-

(1) OJ L 108, 24.4.2002, p. 1.
(2) COM(2005) 229 final, 1.6.2005.

(5)

(6)

(7)

(8)

Pursuant to Article 4(2) of Decision No 676/2002/EC,
the Commission has given a mandate (3) to the European
Conference of Postal and Telecommunications Adminis-
trations (hereinafter the CEPT) to undertake all activities
required to assess specific issues concerning technical
compatibility between the operation of airborne GSM
1800 systems and a number of radio services potentially
affected. This Decision is based on the technical studies
undertaken by the CEPT under the EC mandate, as
presented in CEPT Report 016 (4).

The MCA system considered in the CEPT report consists
of a network control unit (NCU) and an aircraft base
transceiver station (aircraft BTS). The system is designed
to ensure that
transmitted by ground-based
mobile systems are not detectable within the aircraft
cabin and that the user terminals on the aircraft only
transmit at a minimum level. The technical parameters
for the NCU and aircraft BTS were derived from theor-
etical models.

signals

Spectrum use by terrestrial mobile electronic communi-
cation networks is outside the scope of this Decision.
inter alia, by a Commission
They will be addressed,
Decision on the harmonisation of the 900 MHz and
1 800 MHz frequency bands
systems
capable of providing pan-European electronic communi-
cation services.

terrestrial

for

by

Authorisation terms and conditions for MCA services are
also outside the scope of this Decision. Coordination of
national authorisation conditions for MCA services is
addressed
Recommendation
Commission
2008/295/EC (5) pursuant
to Directive 2002/21/EC of
the European Parliament
the Council of
7 March 2002 on a common regulatory framework for
electronic communications networks and services (the
Framework Directive) (6).

and of

(3) Mandate to the CEPT on mobile communication services on board

aircraft, 12.10.2006.

(4) Report from CEPT to the European Commission in response to the
EC Mandate on mobile communication services on board aircraft
(MCA), 30.3.2007.

(5) See page 24 of this Official Journal.
(6) OJ L 108, 24.4.2002, p. 33. Directive as amended by Regulation

(EC) No 717/2007 (OJ L 171, 29.6.2007, p. 32).

L 98/20

EN

Official Journal of the European Union

10.4.2008

(9)

Equipment for MCA services covered by this Decision
falls within the scope 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 (1). Presumption of conformity with the
requirements of Directive 1999/5/EC for
essential
equipment used for MCA services
in the European
Union may be demonstrated by compliance with ETSI
Harmonised Standard EN 302 480 or by using the other
conformity assessment procedures set out in Directive
1999/5/EC.

(10)

Issues relating to air safety are of paramount importance
and no provision in this Decision should be contrary to
maintaining optimum air safety conditions.

air

via

fulfil

safety

requirements

(11) MCA services may be provided only on condition that
appropriate
they
airworthiness certification and other relevant aeronautical
communication
provisions,
together with electronic
requirements. Airworthiness certificates valid for
the
whole Community are issued by the European Aviation
Safety Agency (EASA) pursuant to Commission Regu-
lation (EC) No 1702/2003 of 24 September 2003
laying down implementing rules for the airworthiness
and environmental certification of aircraft and related
products, parts and appliances, as well as for the certifi-
cation of design and production organisations (2).

(12)

This Decision does not address spectrum issues relating
to the communication links between the aircraft,
the
satellite space station and the ground which are also
required to provide MCA services.

(13)

For the purpose of ensuring that the conditions specified
in this Decision are still relevant and given the rapid
changes in the radio spectrum environment, national
administrations ought to monitor, where possible, use
of the radio spectrum by equipment for MCA services,
in order to keep this Decision under active review. Such
review should take into account technological progress
and verify that
concerning
assumptions
operation of MCA services are still relevant.

initial

the

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the technical
radio
conditions
spectrum for mobile communication services on aircraft
in
the Community.

the availability and efficient use of

for

This Decision shall apply without prejudice to any other
in particular Regulation
relevant Community provisions,
(EC) No 1702/2003 and Recommendation 2008/295/EC.

Article 2

For the purposes of this Decision:

1.

‘mobile communication services on aircraft (MCA services)’
means electronic communication services, as defined in
Article 2(c) of Directive 2002/21/EC, provided by an under-
taking to enable airline passengers to use public communi-
cation networks during flight without establishing direct
connections with terrestrial mobile networks;

2.

‘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;

3.

‘aircraft base transceiver station (aircraft BTS)’ means one or
more mobile communication stations located in the aircraft
supporting the frequency bands and systems specified in
Table 1 in the Annex;

4.

‘network control unit (NCU)’ means equipment to be located
in the aircraft
that ensures that signals transmitted by
ground-based mobile electronic communication systems
listed in Table 2 in the Annex are not detectable within
the cabin by raising the noise floor inside the cabin in
mobile communication receive bands.

(14)

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Radio Spectrum

(1) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation

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

(2) OJ L 243, 27.9.2003, p. 6. Regulation as last amended by Regu-

lation (EC) No 287/2008 (OJ L 87, 29.3.2008, p. 3).

Article 3

As early as possible, and no later than six months following the
entry into force of this Decision, the Member States shall make
the frequency bands listed in Table 1 in the Annex available for
MCA services on a non-interference and non-protected basis,
provided such services meet
in the
Annex.

the conditions set out

10.4.2008

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Official Journal of the European Union

L 98/21

Article 4

The Member States shall set the minimum height above ground
for any transmission from an MCA system in operation in
accordance with section 3 of the Annex.

Member States may impose greater minimum heights of MCA
operation where justified by national topographical and ground
network deployment conditions. This information, supported by
appropriate justification, shall be notified to the Commission
within four months of adoption of this Decision and shall be
published in the Official Journal of the European Union.

Article 5

Member States shall keep use of spectrum by MCA services
under scrutiny, in particular with regard to actual or potential
harmful interference and to the continued relevance of all the

conditions specified in Article 3, and shall report their findings
to the Commission to allow a timely review of this Decision if
necessary.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 7 April 2008.

For the Commission

Viviane REDING
Member of the Commission

L 98/22

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Official Journal of the European Union

10.4.2008

1.

FREQUENCY BANDS AND SYSTEMS ALLOWED FOR MCA SERVICES

ANNEX

Type

GSM 1800

Table 1

Frequency

1 710-1 785 MHz and 1 805-
1 880 MHz (the 1 800 MHz band)

System

Complying with the GSM Standards
published by ETSI, in particular
EN 301 502, EN 301 511 and
EN 302 480, or equivalent specifi-
cations.

2.

PREVENTION OF CONNECTION OF MOBILE TERMINALS TO GROUND NETWORKS

During the period when operation of MCA services is authorised on an aircraft, mobile terminals receiving within
the frequency bands listed in Table 2 must be prevented from attempting to register with mobile networks on the
ground.

Frequency band
(MHz)

460-470

921-960

1 805-1 880

2 110-2 170

Table 2

Systems on the ground

CDMA2000, FLASH OFDM

GSM, WCDMA

GSM, WCDMA

WCDMA

3.

TECHNICAL PARAMETERS

3.1. GSM 1800 MCA systems

(a) Equivalent isotropic radiated power (e.i.r.p.), outside the aircraft, from the NCU/aircraft BTS

The total e.i.r.p., outside the aircraft, from the NCU/aircraft BTS must not exceed:

Table 3

Maximum e.i.r.p. density produced by NCU/aircraft BTS outside the aircraft

Height above ground
(m)

460-470 MHz

921-960 MHz

1 805-1 880 MHz

2 110-2 170 MHz

dBm/1,25 MHz

dBm/200 kHz

dBm/200 kHz

dBm/3,84 MHz

3 000

4 000

5 000

6 000

7 000

8 000

– 17,0

– 14,5

– 12,6

– 11,0

– 9,6

– 8,5

– 19,0

– 16,5

– 14,5

– 12,9

– 11,6

– 10,5

– 13,0

– 10,5

– 8,5

– 6,9

– 5,6

– 4,4

1,0

3,5

5,4

7,0

8,3

9,5

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Official Journal of the European Union

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(b) Equivalent isotropic radiated power (e.i.r.p.), outside the aircraft, from the onboard terminal

The e.i.r.p., outside the aircraft, from the GSM mobile terminal transmitting at 0 dBm must not exceed:

Table 4

Height above ground
(m)

Maximum e.i.r.p., outside the aircraft,
from the GSM mobile terminal in dBm/channel

3 000

4 000

5 000

6 000

7 000

8 000

1 800 MHz

– 3,3

– 1,1

0,5

1,8

2,9

3,8

(c) Operational requirements

I. The minimum height above ground for any transmission from a GSM 1800 MCA system in operation must

be 3 000 metres.

II. The aircraft BTS, while in operation, must limit the transmit power of all GSM mobile terminals transmitting
in the 1 800 MHz band to a nominal value of 0 dBm at all stages of communication, including initial access.