2008/411/EC: Commission Decision of 21 May 2008 on the harmonisation of the 3400 - 3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (notified under document number C(2008) 1873) (Text with EEA relevance)
Date: 2008-05-21
Institutions: European Commission
Subjects: harmonisation of standards, regulation of telecommunications, technical standard, waveband

4.6.2008

EN

Official Journal of the European Union

L 144/77

COMMISSION DECISION

of 21 May 2008

on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of
providing electronic communications services in the Community

(notified under document number C(2008) 1873)

(Text with EEA relevance)

(2008/411/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
framework for
in the European
Community (Radio Spectrum Decision) (1), and in particular
Article 4(3) thereof,

radio spectrum policy

Whereas:

(1)

(2)

(3)

electronic

The Commission has supported a more flexible use of
spectrum in its Communication on ‘Rapid access to
communications
spectrum for wireless
services through more flexibility’ (2), which,
inter alia,
addresses the 3 400-3 800 MHz band. Technological
neutrality and service neutrality have been underlined
by Member States in the Radio Spectrum Policy Group
(RSPG) opinion on Wireless Access Policy for Electronic
Communications Services (WAPECS) of 23 November
2005 as important policy goals to achieve a more
flexible use of spectrum. Moreover, according to this
opinion,
these policy goals should not be introduced
abruptly, but in a gradual manner to avoid disruption
of the market.

applications

and mobile

The designation of the 3 400-3 800 MHz band for fixed,
nomadic
an important
the mobile,
element addressing the convergence of
fixed and broadcasting sectors and reflecting technical
frequency
innovation. The services provided in this
band
to
broadband communications.

should mainly

end-user

access

target

is

is expected that

It
the wireless broadband electronic
communications services for which the 3 400–3 800
MHz band is to be designated will to a large extent be
pan-European in the sense that users of such electronic

(1) OJ L 108, 24.4.2002, p. 1.
(2) COM(2007) 50.

(4)

(5)

(6)

(7)

communications service in one Member State could also
gain access to equivalent services in any other Member
State.

Pursuant to Article 4(2) of Decision No 676/2002/EC,
the Commission gave a mandate dated 4 January 2006
to the European Conference of Postal and Telecommuni-
cations Administrations (hereinafter the CEPT) to identify
the conditions relating to the provision of harmonised
radio frequency bands in the EU for Broadband Wireless
Access (BWA) applications.

In response to that Mandate, the CEPT issued a report
(CEPT Report 15) on BWA, which concludes that the
deployment of fixed, nomadic and mobile networks is
feasible within the 3 400-3 800 MHz
technically
frequency
conditions
band
described in the Electronic Communications Committee's
Decision
Recommendation
ECC/REC/(04)05.

ECC/DEC/(07)02

technical

under

and

the

The results of the Mandate to the CEPT should be made
applicable in the Community and implemented by the
Member States without delay given the market demand
for the introduction of terrestrial electronic communi-
in these
cation services providing broadband access
bands. Taking into account the differences in current
use and in market demand for the 3 400-3 600 MHz
level
and 3 600-3 800 MHz sub-bands at national
the
a different deadline
designation and availability of the two sub-bands.

established for

should be

the

future use of

accordance with

the 3 400-
The designation and making available of
3 800 MHz band in accordance with the results of the
Mandate on BWA recognises the fact that there are other
existing applications within these bands and does not
preclude
these bands by other
systems and services to which these bands are allocated
in
ITU Radio Regulations
(designation on a non-exclusive basis). Appropriate
sharing criteria for coexistence with other systems and
services in the same and adjacent bands have been
developed in ECC Report 100. This report confirms,
inter alia,
that sharing with satellite services is often
feasible considering the extent of their deployment in
Europe, geographical separation requirements and case-
by-case evaluation of actual terrain topography.

the

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Official Journal of the European Union

4.6.2008

(8)

spectrum (i.e.

Block Edge Masks (BEM) are technical parameters that
apply to the entire block of spectrum of a specific
user,
irrespective of the number of channels occupied
by the user's chosen technology. These masks are
intended to form part of the authorisation regime for
spectrum usage. They cover both emissions within the
block of
in-block power) as well as
emissions outside the block (i.e. out-of-block emission).
They are regulatory requirements aimed at managing the
interference between neighbouring
risk of harmful
networks and are without prejudice to limits set
in
equipment standards under 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) (the R&TTE Directive).

(9)

Harmonisation of technical conditions for the availability
and efficient use of spectrum does not cover assignment,
licensing procedures
the decision
whether to use competitive selection procedures for the
assignment of radio frequencies, which will be organised
by Member States in line with Community law.

and timing, nor

subject

existing

(10) Differences in the national legacy situations could result
in competitive distortions. The
regulatory
framework gives Member States the tools to deal with
these problems in a proportionate, non-discriminatory
and objective manner,
to Community law
European
including Directive 2002/20/EC of
Parliament and of the Council of 7 March 2002 on
the
communications
networks and services (Authorisation Directive) (2) and
Directive 2002/21/EC of the European Parliament and
of the Council of 7 March 2002 on a common regu-
latory
communications
for
networks and services (Framework Directive) (3).

authorisation

framework

electronic

electronic

the

of

(11)

(12)

The use of the 3 400-3 800 MHz band by other existing
applications in third countries can limit the introduction
and use of
this band by electronic communications
Information on
networks
such limitations should be notified to the Commission
to Articles 7 and 6(2) of Decision No
pursuant
676/2002/EC and
accordance with
Article 5 of Decision No 676/2002/EC.

in several Member States.

published

in

In order to ensure effective use of the 3 400-3 800 MHz
band also in the longer term, administrations should
continue with studies that may increase efficiency and
innovative use, such as meshed network architectures.
Such studies
taken into account when
considering a review of this Decision.

should be

(13)

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Radio Spectrum

HAS ADOPTED THIS DECISION:

Article 1

This Decision aims at harmonising, without prejudice to the
protection and continued operation of other existing use in
this band, the conditions for the availability and efficient use
of the 3 400-3 800 MHz band for terrestrial systems capable of
providing electronic communications services.

Article 2

No later than six months after entry into force of this
1.
Decision Member States shall designate and make available,
the 3 400-3 600 MHz band for
on a non-exclusive basis,
terrestrial electronic communications networks,
in compliance
with the parameters set out in the Annex to this Decision.

By 1 January 2012 Member States shall designate and
2.
the
subsequently make available, on a non-exclusive basis,
3 600-3 800 MHz band for terrestrial electronic communi-
cations networks,
in compliance with the parameters set out
in the Annex to this Decision.

3. Member States shall ensure that networks referred to in
paragraphs 1 and 2 give appropriate protection to systems in
adjacent bands.

4. Member States shall not be bound to implement the obli-
gations under this Decision in geographical areas where coordi-
nation with third countries requires a deviation from the para-
meters in the Annex to this Decision.

Member States shall make all practicable efforts to solve such
deviations, which they shall notify to the Commission, including
the affected geographical areas, and publish the relevant infor-
mation pursuant to Decision No 676/2002/EC.

(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 108, 24.4.2002, p. 21.
(3) 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).

Article 3

Member States shall allow the use of the 3 400-3 800 MHz
band in accordance with Article 2 for fixed, nomadic and
mobile electronic communications networks.

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Official Journal of the European Union

L 144/79

Member States shall keep the use of the 3 400-3 800 MHz band under scrutiny and report their findings to
the Commission to allow regular and timely review of the Decision.

Article 4

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 21 May 2008.

For the Commission

Viviane REDING
Member of the Commission

L 144/80

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Official Journal of the European Union

4.6.2008

ANNEX

PARAMETERS REFERRED TO IN ARTICLE 2

The following technical parameters called block edge mask (BEM) are an essential component of conditions necessary to
ensure coexistence in the absence of bilateral or multilateral agreements between neighbouring networks. Less stringent
technical parameters, if agreed among the operators of such networks, can also be used. Equipment operating in this band
may also make use of e.i.r.p. (1) limits other than those set out below provided that appropriate mitigation techniques are
applied which comply with Directive 1999/5/EC and which offer at least an equivalent level of protection to that
provided by these technical parameters (2).

A) LIMITS FOR IN-BLOCK EMISSIONS

Table 1

E.i.r.p. spectral density limits for fixed and nomadic deployments between 3 400 and 3 800 MHz

Station type

Maximum e.i.r.p. spectral density
(dBm/MHz)
(including tolerances and automatic transmitter power control
(ATPC) range)

Central station (and repeater station downlinks)

Terminal station outdoor (and repeater station uplinks)

Terminal station (indoor)

+ 53 (1)

+ 50

+ 42

(1) The central station e.i.r.p. spectral density value given in the table is considered suitable for conventional 90 degrees sectorial antennas.

E.i.r.p. spectral density limits for mobile deployments between 3 400 and 3 800 MHz

Table 2

Station type

Central station

Terminal station

Maximum e.i.r.p. spectral density
(dBm/MHz)
(Minimum ATPC range: 15 dB)

+ 53 (1)

+ 25

(1) The central station e.i.r.p. spectral density value given in the table is considered suitable for conventional 90 degrees sectorial antennas.

(1) Equivalent isotropically radiated power.
(2) The generic technical conditions applicable to fixed and nomadic networks are described in Harmonised Standards EN 302 326-2 and
EN 302 326-3, which also include definitions for a central station and a terminal station. The term central station may be considered
equivalent to the term base station in the context of mobile cellular networks.

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B) LIMITS FOR OUT-OF-BLOCK EMISSIONS (BLOCK EDGE MASK FOR CENTRAL STATIONS)

Figure

Central station out-of-block emissions

Frequency offset

A

B

Definition
(% of the size of the assigned block)

20 %

35 %

NB: The percentages given in the ‘Definition’ column refer to the smaller of adjacent blocks, if blocks are of unequal size.

Table

Tabular description of central station block edge mask

Frequency offset

Central station transmitter output power density limits
(dBm/MHz)

In-band (within assigned block)

See Tables 1 and 2

ΔF = 0

0<ΔF<A

A

A<ΔF<B

ΔF≥B

– 6

– 6 – 41· (ΔF/A)

– 47

– 47 – 12· ((ΔF – A)/(B – A))

– 59