Commission Recommendation of 7 April 2008 on authorisation of mobile communication services on aircraft (MCA services) in the European Community (notified under document number C(2008) 1257) (Text with EEA relevance)
Date: 2008-04-07
Institutions: European Commission
Subjects: air transport, harmonisation of standards, regulation of telecommunications, telecommunications, transmission network, waveband

L 98/24

EN

Official Journal of the European Union

10.4.2008

RECOMMENDATIONS

COMMISSION

COMMISSION RECOMMENDATION

of 7 April 2008

on authorisation of mobile communication services on aircraft (MCA services) in the European
Community

(notified under document number C(2008) 1257)

(Text with EEA relevance)

(2008/295/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

the

internal market by,

Pursuant to the Framework Directive, national regulatory
authorities in the Member States should contribute to the
inter alia,
development of
removing remaining obstacles to the provision of elec-
tronic communications networks, associated facilities and
at
services
European level and by encouraging the establishment
and development of trans-European networks and the
interoperability of pan-European services, and end-to-
end connectivity.

communications

and electronic

services

the European
Having regard to Directive 2002/21/EC of
Parliament and of
the Council of 7 March 2002 on a
common regulatory framework for electronic communications
and in
networks
particular Article 19(1) thereof,

(Framework Directive) (1),

and services

Whereas:

(1)

The EU’s information society policy and the i2010
initiative stress the benefits of ready access to infor-
mation and communication resources in all areas of
daily life. A coordinated approach to regulate mobile
communication services on aircraft
(MCA services)
would help to secure these benefits and facilitate cross-
border electronic communications services across the
Community.

(2) When authorising MCA services, Member States must
comply with the
and with
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
(Authorisation Directive) (2).

Framework Directive

(1) 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).

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

(4)

(5)

(6)

Pursuant to the Authorisation Directive, the least onerous
authorisation system possible should be used to allow the
provision of electronic communications networks and
services in order to stimulate the development of new
electronic communications services and pan-European
communication networks and services and to allow
service providers and consumers to benefit
from the
economies of scale of the single market. Those aims
can generally best be achieved by general authorisation
of all electronic communications networks and services.

The technical conditions necessary to reduce the risk of
harmful interference with terrestrial mobile networks by
MCA operation are dealt with separately in Commission
Decision 2008/294/EC (3).

The technical basis for Decision 2008/294/EC is Report
016 of the European Conference of Postal and Telecom-
munications Administrations (CEPT), which was written
in response to the EC mandate given to the CEPT on
MCA of 12 October 2006.

(3) See page 19 of this Official Journal.

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Official Journal of the European Union

L 98/25

(7)

(8)

(9)

of

conformity with

ETSI Harmonised Standard EN 302 480 provides for
presumption
essential
requirements of Directive 1999/5/EC of the European
Parliament and of the Council of 9 March 1999 on
terminal
radio equipment
equipment
their
conformity (1) for equipment used for MCA services in
the European Union.

telecommunications

recognition of

the mutual

and

and

the

Issues relating to air safety are of paramount importance
and MCA services may be provided only on condition
that they have fulfilled air safety requirements via appro-
priate airworthiness certification and other relevant aero-
nautical agreements, together with electronic communi-
cations requirements. Airworthiness certificates valid for
the whole European Union are issued by the European
Aviation Safety Agency (EASA).

Provided the technical conditions specified in Decision
2008/294/EC and in Harmonised Standard EN 302
480 or equivalent standards and relevant airworthiness
certificates fulfil the relevant requirements, the risk of
harmful
interference will be negligible and therefore
general authorisations should be considered for MCA
services.

tained by the relevant MCA operators and would be
made available to the Commission and to the Member
States.

(14)

(15)

The resolution of interference issues between Member
States may also be helped by the provisions of the inter-
national ITU Radio Regulations treaty on notification and
frequency assignments and on reporting
recording of
harmful interference.

The authorisation of MCA-bearing aircraft flying within
the airspace of Member States but registered outside the
European Union would be assisted by relevant
infor-
mation provided by industry in its dedicated MCA
register and by the application of relevant provisions in
the ITU Radio Regulations. A common approach on the
mutual recognition of MCA authorisations with countries
where non-EU aircraft is registered could be helpful.

(16) Member States have already granted rights of use of
frequencies to terrestrial mobile operators. Such authori-
sations do not cover MCA services and are generally
limited to terrestrial mobile services.

(10)

Responsibility for authorisation of MCA services should
lie with the country of registration of the aircraft,
in
accordance with that country’s authorisation system.

(17)

For the purposes of this Recommendation, the aircraft
cabin space is considered to be under the jurisdiction
and control of the country of registration of the aircraft.

(11)

The availability and sharing of sufficient
information
should help to resolve possible cross-border interference
issues caused by MCA services.

(12) Member States are to provide some of the information
required to the ERO Frequency Information System (EFIS)
pursuant
to Commission Decision 2007/344/EC of
16 May 2007 on harmonised availability of information
regarding spectrum use within the Community (2). Other
relevant information may be obtained from operators of
MCA services or from civil aviation administrations.

(13) A dedicated register of relevant data for all MCA-bearing
aircraft flying within the European Union, and also into
and out of the European Union, could help to resolve
interference by gathering all the information on a timely
basis and in a common format. At first, and subject to
periodic review, such a common register would be main-

(18) Use of MCA services may also have implications for
public security. Appropriate measures may be taken
nationally
(EC) No
or
the
2320/2002 of
Council of 16 December 2002 establishing common
rules in the field of civil aviation security (3) in order to
ensure that mobile phones in aircraft are not used for
illegal purposes.

pursuant
the European Parliament and of

to Regulation

(19)

The regulatory and technical elements of the common
in the
approach to authorisation of MCA services
scrutiny to
European Union should be kept under
ensure that
the overall
they remain satisfactory for
purpose of avoiding harmful interference, failing which
appropriate remedial measures will be considered.

(20)

The measures provided for in this Recommendation are
in accordance with the opinion of the Communications
Committee,

(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 129, 17.5.2007, p. 67.

(3) OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation
(EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1; corrected by OJ
L 229, 29.6.2004, p. 3).

L 98/26

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Official Journal of the European Union

10.4.2008

HEREBY RECOMMENDS:

5. Member States should consider making provision of MCA
services in aircraft registered within their jurisdiction subject
to general authorisations.

1. This Recommendation aims to coordinate national authori-
sation conditions and procedures relating to use of the radio
spectrum for mobile communication services on aircraft
in order to facilitate their introduction in
(MCA services)
the Community and to avoid harmful
interference caused
by MCA services on cross-border flights.

Human factor issues relating to use of MCA services and
space
satellite
stations are outside the scope of this Recommendation.

communications

between

aircraft

and

National authorisation conditions and rules referred to in
this Recommendation will apply without prejudice to legal
obligations concerning air safety and public security.

Where use of spectrum for operation of MCA services is
subject
to individual rights, Member States should peri-
odically reassess the need for such individual rights in the
light of the experience acquired, with the objective of incor-
porating the conditions attached to such rights into a general
authorisation.

In such cases, Member States should ensure that MCA
services and terrestrial mobile electronic communications
services in the same frequency bands are authorised on
distinct bases.

2.

‘Mobile communication services on aircraft (MCA services)’
mean electronic communications services, as defined in
Article 2(c) of
the Framework Directive, provided by an
to use public
undertaking to enable airline passengers
communication networks during flight without establishing
direct connections with terrestrial mobile networks.

6. Member States should inform the Commission and other
Member States in a timely manner of the MCA services
authorised to operate in aircraft registered within their juris-
diction and of the request for operation in their national
airspace by MCA services in aircraft registered outside the
European Union.

3. Not later than six months after adoption of this Recommen-
dation, Member States should take all steps necessary to be
able to authorise provision of MCA services in aircraft
registered within their jurisdiction.

Where necessary, Member States should request operators of
MCA services
the purpose
indicated in the previous paragraph.

to supply data relevant

for

Member States should authorise MCA services in accordance
with the principles set out in this Recommendation. No
provision in this Recommendation should be contrary to
maintaining optimum air safety conditions.

7. Member States should cooperate actively, constructively and
in a spirit of solidarity, using existing ITU procedures where
appropriate, to manage any issues concerning harmful inter-
ference allegedly caused by operation of MCA services.

Member States should require no additional authorisation for
operation of MCA services above their territory in aircraft
registered in other Member States in compliance with the
conditions agreed pursuant to point 4.

MCA services in aircraft registered outside the Community
exempted from authorisation in the
should also be
Community, provided such services are in compliance with
the conditions agreed pursuant to point 4 and registered in
accordance with the relevant ITU rules.

Member States should promptly bring issues concerning
harmful
interference allegedly caused by MCA services
authorised in another Member State to the attention of the
Member State responsible for authorisation of
the MCA
service concerned and should inform the Commission.
the Commission should inform the
Where appropriate,
and the Radio Spectrum
Communications Committee
Committee of the above-mentioned issues in order to seek
solutions to any difficulties.

4. Member States should not authorise MCA services unless
in Decision

they satisfy the technical conditions set out
2008/294/EC.

Member States which have authorised MCA services which
are suspected of interfering harmfully with services on the
territory of another Member State should respond and
promptly resolve any such interference.

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Official Journal of the European Union

L 98/27

8. Member States should keep use of spectrum by MCA services under scrutiny, in particular concerning
actual or potential harmful interference, and should report their findings to the Commission to allow a
timely review of this Recommendation if necessary.

9. This Recommendation is addressed to the Member States.

Done at Brussels, 7 April 2008.

For the Commission

Viviane REDING
Member of the Commission