Proposal for a Directive of the European Parliament and of the Council amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community
Date: 2008-11-19
Institutions: European Commission
Subjects: approximation of laws, radio telecommunications, telecommunications, waveband

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.11.2008 
COM(2008) 762 final 

2008/0214 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 87/372/EEC on the frequency bands to be reserved for the 
coordinated introduction of public pan-European cellular digital land-based mobile 
communications in the Community 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

110 

Grounds for and objectives of the proposal 

This proposal aims at amending Council Directive 87/372/EEC of 25 June 1987 on the 
frequency  bands  to  be  reserved  for  the  coordinated  introduction  of  public  pan-
European  cellular  digital  land-based  mobile  communications  in  the  Community 
(hereinafter GSM Directive) in order to allow the use of such bands by systems capable 
of providing electronic communication services not limited to GSM. 

The  objective  is  to  allow  a  wider  choice  of  services  and  technologies  and  thereby  to 
maximise  competition  in  the  use  of  the  bands  so  far  covered  by  the  GSM  Directive, 
while  ensuring  that  services  remain  coordinated  and  safeguarding  the  continued 
operation of GSM. To this end, the use of this spectrum would be allowed not only for 
GSM, but also for pan-European electronic communication services other than GSM. 
As a first step, this would include UMTS while acknowledging that other systems may 
also  be  able  to  co-exist  in  these  bands.  This  requires  new  harmonised  technical 
conditions for the spectrum band in question, which would be defined in a Commission 
Decision to be adopted under Decision 676/2002/EC of the European Parliament and 
the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in 
the European Community (hereinafter Radio Spectrum Decision). 

120 

General context 

The  need  to  use  the  resources  offered  by  modern  telecommunications  networks,  in 
particular by mobile radio, to the full for the economic development of the Community 
was  recognised  by  Council  Directive  87/372/EEC  of  25  June  1987  on  the  frequency 
bands to be reserved for the coordinated introduction of public pan-European cellular 
digital  land-based  mobile  communications  in  the  Community1,  complemented  by 
Council  recommendation  of  25  June  1987  on  the  coordinated  introduction  of  public 
pan-European  cellular  digital  land-based  mobile  communications  in  the  Community2 
and by Council Resolution of 14 December 1990 on the final stage of the coordinated 
cellular 
introduction  of  pan-European 
communications  in  the  Community  (GSM)3.  The  move  to  the  second  generation 
cellular  digital  mobile  communications  system,  called  GSM,  was  seen  as  a  unique 
opportunity to establish truly pan-European mobile communications. 

land-based  public  digital  mobile 

New  technological  developments  now  allow  for  new  digital  technologies  capable  of 
providing innovative pan-European broadband services in coexistence with GSM in the 
900  MHz  band.  This  band  is  particularly  valuable  as  it  has  good  propagation 
characteristics,  covering  greater  distances  than  higher  frequency  bands,  and  allowing 
modern  voice,  data  and  multimedia  services  to  be  extended  into  less  populated  and 
rural areas. 

1 
2 
3 

OJ L 196, 17.7.1987, p.85. 
OJ L 196, 17.7.1987, p.81. 
OJ C 329, 31.12.1990, p.25. 

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Therefore, while maintaining the availability of GSM for users throughout Europe, in 
order to contribute to the objectives of the internal market and of the i2010 initiative 
"A  European  Information  Society  for  growth  and  employment"4  and  to  maximise 
competition by offering users a large choice of services and technologies, the use of the 
900  MHz  band  should  be  opened  in  a  coordinated  way  to  additional  types  of 
technologies  for  the  provision  of  additional  compatible  advanced  pan-European 
services. 

The  GSM  Directive  presently  requires  Member  States  to  reserve  the  whole  890-915 
MHz and 935-960 MHz bands for GSM. This constraint prevents the bands from being 
used  by  pan-European  systems  other  than  GSM,  capable  of  providing  advanced 
interoperable  voice,  data  and  multimedia  services  with  a  high  delivery  bandwidth. 
These new pan-European systems, such as the UMTS system, offer capabilities beyond 
the GSM system and have become viable since the adoption of the GSM Directive 20 
years  ago  thanks  to  technological  developments.  Moreover,  there  is  a  clear  market 
demand for related services. Therefore, modification of the GSM Directive is necessary 
to remove the present limitation of spectrum usage to GSM. 

It is proposed that the European Parliament and Council amend the Directive to remove 
the limitation on the use of the 900 MHz band to one service only and thereby open up 
the band to additional networks. 

In  conjunction  with  the  adoption  of  this  amendment,  appropriate  measures  would  be 
needed  to  implement  the  proposed  change  in  such  a  way  as  to  safeguard  the  GSM 
services currently  using the  bands. Accordingly, the technical  conditions  to  allow for 
the  coexistence  of  new  systems  in  the  900  MHz  band,  alongside  GSM  systems  will 
need to be legally established. 

In line with the policy of better regulation, the Radio Spectrum Decision provides the 
legal  means  for  adopting  such  harmonising  measures.  It  foresees  a  mechanism 
allowing  rapid  reactions  to  technical  evolution  and  the  adoption  of  binding  technical 
harmonisation  measures  at  EU  level  in  the  form  of  Commission  Decisions.  This  will 
ensure legal certainty for the harmonised use of the band. 

While  the  900  MHz  band  is  being  opened  for  additional  systems,  the  current  use  of 
GSM in that band should remain protected in the whole Community as long as there is 
a reasonable demand for the service, considering the high importance of GSM services 
for electronic communications policy in the Community. 

130 

Existing provisions in the area of the proposal 

The use of the frequency bands in question is governed by the GSM Directive which is 
to be modified. The Commission will subsequently adopt a Decision under the Radio 
Spectrum Decision to establish the new harmonised technical conditions for spectrum 
usage. 

Consistency with other policies and objectives of the Union 

Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions, COM(2005) 229 final. 

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Radio  Spectrum  Policy  must  cope  with  the  growing  and  evolving  variety  of  radio 
access  platforms  for  public  wireless  communications  and  support  the  overall  policy 
goal  of  strengthening  the  EU  internal  market  and  European  competitiveness,  by 
ensuring  an  innovation-friendly  regulatory  environment  leading  to  the  provision  of  a 
wide variety of mobile services and applications. 

This  can  be  achieved  by  introducing  more  flexibility  in  the  management  of  spectrum 
resources  for  wireless  electronic  communications,  while  maintaining  harmonisation 
where  necessary.  The  least  restrictive  technical  conditions  should  generally  apply  to 
the use of frequency bands, based on the WAPECS approach (Wireless Access Policy 
for Electronic Communications Services) which was described by the Radio Spectrum 
Policy Group (hereinafter RSPG) in its Opinion of 23 November 2005. This approach 
sets  technological  neutrality  and  service  neutrality  as  policy  goals  to  achieve  a  more 
flexible and efficient use of spectrum. These goals  should be introduced in a gradual 
manner to avoid disruption of the market. 

The Commission also insisted on a more flexible use of spectrum in its Communication 
on "Rapid access to spectrum for wireless electronic communications services through 
more flexibility"5, and on the need for a consistent and proportionate solution regarding 
the  introduction  of  a  more  flexible  spectrum  use  for  electronic  communications 
services using second (GSM) and third generation (e.g. UMTS) systems. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The use of the 900 MHz band, the development of new systems including UMTS and 
the  evolution  of  spectrum  use  towards  more  flexibility  have  been  under  constant 
review by the Commission. 

On 21 February 2006 in Brussels, a workshop was organised on WAPECS. 

Based on a Mandate of 5 July 2006 from the Commission, several studies have been 
conducted by CEPT and its Electronic Communications Committee (hereinafter ECC) 
and  submitted  to  the  Radio  Spectrum  Committee  (hereinafter  RSC)  and  the 
Commission; these include ECC Report 82 on the compatibility of UMTS operating in 
the  GSM  900  MHz  and  GSM  1800  MHz  frequency  bands  (May  2006),  and  ECC 
Report  96  on  compatibility  between  UMTS  900/1800  and  systems  operating  in 
adjacent  bands  (March  2007).  These  reports  have  been  subject  to  public  consultation 
organised by the ECC. 

ECC  has  conducted  studies  and  adopted  a  series  of  reports  since  1997  regarding  the 
implementation  of  UMTS  and  has  examined  the  current  and  future  uses  of  the  900 
MHz band. CEPT has liaised with standardisation instances dealing with the IMT-2000 
family of standards (including UMTS), such as the 3rd Generation Partnership Project 
(3GPP) which brings together the telecommunications standards bodies from different 

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COM(2007)50 

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regions  (ARIB,  CCSA,  ETSI,  ATIS,  TTA,  and  TTC)  and  in  which  industry  is 
represented  to  develop  system  specifications. Based  on  this  information,  the  ECC 
studied the possibility of introducing UMTS channels in bands used by GSM without 
creating  interference  in  adjacent  GSM  channels.  Studies  continue  into  other  systems 
that are part of the ITU IMT family. 

Studies  have  also  been  carried  out  to  examine  the  potential  impact  on  services  and 
systems  operating 
the  European 
Telecommunications Standardisation Institute (ETSI), industry, user groups and other 
interested parties have taken part in a dedicated project team (PT1) under the auspices 
of the ECC, where information on adjacent band systems was collated and studied. 

in  adjacent  bands.  National  authorities, 

A public consultation has been organised by ECC in 2006 prior to the adoption of ECC 
decision ECC/DEC/(06)13 which recommends opening the 900 and 1800 MHz bands 
to systems other than GSM. 

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Summary of responses and how they have been taken into account 

The CEPT reports conclude that UMTS networks can be deployed in urban, sub-urban 
and  rural  areas  in  co-existence  with  GSM900/1800  networks  by  using  appropriate 
values for carrier separation. 

The consultation has confirmed that there is a demand for using the 900 MHz band for 
UMTS, and backed the CEPT findings. Introducing systems such as UMTS in the 900 
MHz  band  is  also  relevant  from  the  standpoint  of  Community  policy,  as  this  would 
allow  the  further  deployment  of  pan-European  electronic  communications  services, 
ensuring that the same or equivalent services in terms of functionality are accessible to 
all consumers throughout the Community. 

The public consultation conducted by the CEPT for the Commission in ECC Reports 
82  and  96  has  shown  that  there  is  extensive  support  from  the  mobile  industry  for 
opening the frequency bands formerly reserved for GSM systems, with clear benefits 
for the industry and consumers. Some users in adjacent frequency bands initially raised 
concerns about possible interference, but these concerns were dealt with in CEPT ECC 
Report 96. 

Collection and use of expertise 

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Scientific/expertise domains concerned 

Spectrum  management,  electronic  communications;  technical  expertise  of  CEPT  as 
well as of standardisation bodies. 

222 

Methodology used 

The  Commission  has  consulted  the  CEPT  on  the  technical  conditions  for  the 
coexistence of GSM with other technologies in the 900 MHz bands and on the impact 
of such other systems on applications in adjacent bands, including existing applications 
and  prospective  aeronautical  communications  systems  operating  above  960  MHz, 
intended to support European transport policy.  

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Main organisations/experts consulted 

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National  authorities,  ETSI,  GSM  and 
operators, manufacturers and other interested parties. 

third-generation  users,  communications 

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Summary of advice received and used 

The existence of potentially serious risks with irreversible consequences has not been 
mentioned. 

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Commission noted from the ECC reports that use of the band for GSM could be shared 
with UMTS as another pan-European communications system, to meet the objectives 
of Community electronic communications policy. 

To use the 900 MHz band more efficiently, the GSM Directive should be amended and 
a new harmonised scheme should be introduced by a Commission Decision. 

226 

Means used to make the expert advice publicly available 

CEPT reports are available at: 

http://www.erodocdb.dk/Docs/doc98/official/pdf/ECCREP082.PDF  
http://www.erodocdb.dk/Docs/doc98/official/pdf/ECCREP096.PDF 

and Reports to the RSC:  

http://ec.europa.eu/information_society/policy/radio_spectrum/docs/ref_docs/rsc18_pu
blic_docs/rsc06_99_ecc_int_rep_wapecs.pdf. 

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Impact assessment 

As  self-  or  co-regulation  or  regulation  by  national  authorities  could  not  modify  the 
GSM Directive to ensure timely and harmonised introduction of a new scheme to meet 
Community  policy  objectives,  a  Council  and  EP  Directive  is  needed  to  amend  the 
GSM  Directive.  In  addition,  a  Commission  Decision  based  on  the  Radio  Spectrum 
Decision is to put in place new harmonised technical conditions, as agreed with the aid 
of CEPT technical expertise and the assistance of the RSC. 

The new scheme would benefit the entire electronic communications sector as well as 
consumers. It is important for the internal market that the conditions for use of the 900 
MHz band are both open and harmonised at EU level so as to facilitate the introduction 
of pan-European services and to offer maximum freedom to consumers in the choice of 
services and to spectrum users in the choice of technologies. The availability of radio 
spectrum  will  contribute  to  achieving  the  goals  of  the  Lisbon  agenda  and  the  i2010 
initiative — A European Information Society for growth and employment6 to harness 
the potential of the digital economy to deliver growth, jobs and widespread availability 
of modern services. 

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Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions, COM(2005) 229 final. 

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In  particular,  the  measure  would  benefit  European  citizens  by  significantly  reducing 
the  hurdles  to  the  deployment  of  advanced  mobile  communication  services  and 
overcoming the geographical digital divide. Systems other than GSM are expected to 
develop  and  spread  throughout  Europe  more  rapidly,  especially  in  rural  areas.  New 
high-performing  wireless  data  and  multimedia  services  (e.g.  internet  browsing  and 
mobile  TV)  need  access  networks  such  as  3G  mobile  networks  using  UMTS 
technology that offer higher data rates than GSM. 

The  measure  would  also  increase  the  quality  of  services  and  lower  the  cost  for  the 
consumer. 3G mobile networks are currently confined to higher frequencies with less 
favourable  propagation  characteristics  than  the  900  MHz  band,  and  therefore  incur 
higher  network  deployment  costs.  Furthermore,  higher  frequencies  are  less  able  to 
penetrate buildings, to the detriment of service quality and consumer prices. 

Finally,  the  measure  would  contribute  to  the  economic  development  of  the  sector  by 
facilitating  the  deployment  of  advanced  mobile  communication  services.  It  will  open 
new  revenue  streams  to  operators  and  increase  the  demand  for  equipment  (network 
infrastructure, new generation of terminals). 

The measure would have a positive impact on the environment as it would reduce the 
number  of  base  stations  needed  through  the  use  of  lower  frequencies.  It  would  also 
reduce the risk of disputes over suitable base station locations. 

impact, 

the  need 

the  environmental 

to  protect  health  against 
Concerning 
electromagnetic  emissions  is  not  affected  by  the  proposed  measures.  This  issue  is 
covered  by  Directive  2004/40/EC  of  the  European  Parliament  and  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 (electromagnetic fields), and Council 
Recommendation  1999/519/EC  of  12  July  1999  on  the  limitation  of  exposure  of  the 
general  public  to  electromagnetic  fields  (0  Hz  to  300  GHz).  For  radio  equipment, 
health  protection  is  ensured  by  the  conformity  of  such  equipment  with  the  essential 
requirements 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 (the R&TTE Directive). 

The  Commission  keeps  the  health  effects  of  electromagnetic  fields  under  constant 
review. For example, its Scientific Committee on emerging and newly identified health 
risks  (SCENIHR)  has  recently  undertaken  a  comprehensive  review  of  new  scientific 
data emerging from recent studies. 

LEGAL ELEMENTS OF THE PROPOSAL 

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Summary of the proposed action 

In order to allow the 900 MHz band to be used by a variety of pan-European services 
in  line  with  Community  policy  objectives  and  the  market  demand  for  mobile 
communications,  it  is  proposed  to  amend  Directive  87/372/EEC  to  open  the  band  to 
additional,  more  advanced  pan-European  broadband  communications  services  where 
these can coexist with GSM, and then have the Commission adopt a Decision under the 
Radio Spectrum Decision to harmonise the necessary technical conditions for the use 

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of this band. 

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Legal basis 

Article 95 EC Treaty. 

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Subsidiarity principle 

The  subsidiarity  principle  applies  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

However,  the  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  Member 
States for the following reasons. 

Ensuring the harmonised use of the 900 MHz band to meet Community policy needs 
cannot be accomplished satisfactorily by Member States acting individually and can be 
better  achieved  at  Community  level  by  internal  market  measures  adopted  under  the 
Radio  Spectrum  Decision.  However,  the  adoption  of  a  new  scheme  requires 
amendment of the GSM Directive. 

The GSM Directive can only be amended by another Council and Parliament Directive. 
The  new  harmonised  technical  conditions  for  use  of  the  900  MHz  band  need  to  be 
adopted at Community level to ensure that Community policy objectives are met in a 
timely and harmonised way. 

Community  action  will  be  better  able  to  achieve  the  proposal’s  objectives  for  the 
following reasons. 

The amendment of the GSM Directive and the adoption of coexistence conditions for 
GSM  and UMTS,  with provision for other  systems to  coexist in these bands as well, 
through  a  binding  Community  harmonisation  measure,  are  necessary  to  ensure  the 
timely  and  harmonised  introduction  of  the  new  spectrum  usage  conditions  in  the 
Member  States.  Without  such  a  measure,  no  harmonised  and  timely  solution  can  be 
guaranteed. 

The  GSM  Directive  in  its  current  version  prohibits  the  use  of  the  900  MHz  band  by 
other  pan-European  systems,  such  as  UMTS,  and  is  therefore  an  obstacle  to  the 
development  of  the  information  society  in  the  EU.  Harmonised  use  of  the  900  MHz 
band  may  support  additional  applications  that  meet  current  Community  policy 
objectives. 

The proposal therefore complies with the subsidiarity principle. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The GSM Directive will be amended and new harmonised technical conditions for the 
900 MHz band will be introduced by the Commission, acting with the assistance of the 
RSC,  while  preserving  the  operation  of  GSM  services.  The  proposed  measures  are 
limited  to  spectrum  bands  relevant  to  electronic  communications  services  for  pan-
European  applications.  Given  the  evolution  of  technology  and  consumer  needs,  these 

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bands should be kept under review so that additional pan-European systems could also 
be introduced and coexist with GSM and UMTS. 

This  measure  does  not  affect  the  issuance  by  Member  States  of  rights  to  use  the 
spectrum. 

Where possible, Member States will also be able to introduce additional systems in the 
band provided that these can coexist with GSM systems.  

Choice of instruments 

341 

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Proposed instruments: Directive under Article 95 EC. 

Other means would not be adequate for the following reasons. 

Only a directive can amend the GSM Directive, which was adopted on the basis of the 
(old)  Article  100  of  the  EC  Treaty.  While  GSM  operation,  made  possible  by  this 
Directive,  will  be  safeguarded,  the  amended  Directive  and  subsequent  technical 
implementing  measures  will  ensure  that  other  pan-European  systems,  including  as  a 
first step UMTS, can coexist with GSM in the 900 MHz band. 

BUDGETARY IMPLICATION 

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The proposal has no implications for the Community budget. 

ADDITIONAL INFORMATION 

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Simplification 

The  proposal  will  ensure  better  regulation  and  the  simplification  of  legislation, 
administrative  procedures  for  public  authorities  (EU  or  national),  and  administrative 
procedures  for  private  parties.  As  it  currently  stands,  the  GSM  Directive  poses  an 
obstacle  to  technological  progress  and  deprives  industry  and  consumers  of  an 
appropriate spectrum for new advanced services. 

The  amendment  of  the  Directive  and  the  adoption  of  a  technical  harmonisation 
measure specifying new usage conditions constitute a change of regulatory approach, 
in line with the intention of the Radio Spectrum Decision to leave the technical details 
of  spectrum  management  to  implementing  measures,  thereby  relieving  the  European 
Parliament and Council of this task. 

Spectrum  harmonisation  will  ease  the  task  of  national  authorities  and  meet  their 
expectations. 

The  harmonised  spectrum  usage  conditions  will  open  new  opportunities  for  mobile 
communications operators and for mobile users, in particular in rural areas. 

The  proposal  is  included  in  the  Commission’s  rolling  programme  for  updating  and 
simplifying the acquis. 

Amendment of existing legislation 

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The proposal is intended to amend existing legislation. 

560 

European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2008/0214 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 87/372/EEC on the frequency bands to be reserved for the 
coordinated introduction of public pan-European cellular digital land-based mobile 
communications in the Community 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 

Having regard to the proposal from the Commission7, 

Having regard to the opinion of the European Economic and Social Committee8, 

Having regard to the opinion of the Committee of the Regions9, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty10, 

Whereas: 

(1) 

in 

Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved 
for  the  coordinated  introduction  of  public  pan-European  cellular  digital  land-based 
the  Community11,  complemented  by  Council 
mobile  communications 
Recommendation  of  25  June  1987  on  the  coordinated  introduction  of  public  pan-
European cellular digital land-based mobile communications in the Community12 and 
by  Council  Resolution  of  14  December  1990  on  the  final  stage  of  the  coordinated 
introduction  of  pan-European 
cellular 
communications in the Community (GSM)13, recognised the need to use the resources 
offered by modern telecommunications networks, in particular by mobile radio, to the 
full for the economic development of the Community. The unique opportunity offered 
by the move to the second generation cellular digital mobile communications system 
to establish truly pan-European mobile communications has been recognized. 

land-based  public  digital  mobile 

7 
8 
9 
10 
11 
12 
13 

OL.C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 196, 17.7.1987, p.85. 
OJ L 196, 17.7.1987, p.81. 
OJ C 329, 31.12.1990, p.25. 

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(2) 

(3) 

The  890-915  MHz  and  935-960  MHz  frequency  bands  (the  900  MHz  band)  were 
reserved for a public pan-European cellular digital mobile communications service to 
be provided in each Member State in accordance with a common specification, known 
as GSM. 

Since  1987,  new  digital  radio  technologies  capable  of  providing  innovative  pan-
European  electronic  communications  have  been  developed,  which  can  coexist  with 
GSM in the 900 MHz band in a more technologically neutral regulatory context. The 
900  MHz  band  has  good  propagation  characteristics,  covering  greater  distances  than 
higher frequency bands, and allowing modern voice, data and multimedia services to 
be extended to less populated and rural areas. 

(4)  While  maintaining  the  availability  of  GSM  for  users  throughout  Europe,  in  order  to 
contribute  to  the  objectives  of  the  internal  market  and  of  the  i2010  initiative  "A 
European  Information  Society  for  growth  and  employment"14  and  to  maximise 
competition  by  offering  users  a  wide  choice  of  services  and  technologies,  the  use  of 
the  900  MHz  band  should  be  available  to  other  technologies  for  the  provision  of 
additional compatible advanced pan-European services that would coexist with GSM. 

(5) 

(6) 

(7) 

14 

15 
16 

The  liberalisation of the use of the 900 MHz spectrum band could  possibly  result in 
competitive  distortions.  In  particular,  where  certain  mobile  operators  have  not  been 
assigned spectrum in the 900 MHz band, they could be put at a disadvantage in terms 
of  cost  and  efficiency  in  comparison  with  operators  that  will  be  able  to  provide  3G 
services in that band. Under the regulatory framework on electronic communications, 
and in particular 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)15, Member States can amend and/or review rights of 
use  of  spectrum  and  thus  have  the  tools  to  deal,  where  required,  with  such  possible 
distortions. 
Member  States  should  in  particular  examine  whether  the  implementation  of  this 
Directive could distort competition in the mobile markets concerned. If they conclude 
that  this  is  the  case,  they  should  consider  whether  it  is  objectively  justified  and 
proportionate to amend the rights of use of those operators that were granted rights of 
use  of  900  MHz  frequencies  and,  where  proportionate,  to  review  these  rights  of  use 
and  to  redistribute  such  rights  in  order  to  address  such  distortions.  Any  decision  to 
take such a course of action should be preceded by a public consultation. 

In order for systems, other than GSM, to coexist with GSM systems in the same band, 
harmful  interference  should  be  avoided  by  applying  technical  usage  conditions 
applicable to technologies other than GSM using the 900 MHz band. 

Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 
2002  on  a  regulatory  framework  for  radio  spectrum  policy  in  the  European 
Community  (hereinafter  the  Radio  Spectrum  Decision)16  allows  the  Commission  to 
adopt  technical  implementing  measures  to  ensure  harmonised  conditions  for  the 
availability and efficient use of the radio spectrum band. 

Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions, COM(2005) 229 final. 
OJ L 108, 24.4.2002, p21. 
OJ L 108, 24.4.2002, p.1. 

EN 

12 

   EN 

 
 
                                                 
(8) 

As  requested  by  the  Commission,  the  European  Conference  of  Postal  and 
Telecommunications  Administrations  (hereinafter  the  CEPT)  produced  technical 
reports  demonstrating  that  UMTS  could  coexist  with  GSM  in  the  900  MHz  band, 
including  the  so-called  extension  band  (880-890  MHz  and  925-935  MHz).  The  880-
915  MHz  and  925-960  MHz  bands  should  therefore  be  opened  to  UMTS,  a  system 
that  can  co-exist  with  GSM,  as  well  as  to  other  systems  as  soon  as  it  can  be 
demonstrated that they can co-exist with GSM in accordance with the procedure in the 
Radio  Spectrum  Decision  for  the  adoption  of  harmonised  conditions  for  the 
availability and efficient use of radio spectrum. 

(9) 

Appropriate  protection  should  be  ensured  for  existing  users  in  adjacent  bands. 
Furthermore,  prospective  systems  for  aviation  communications  above  960  MHz, 
which help fulfilling Community policy objectives in this sector, should be taken into 
account. CEPT has produced technical advice in this respect. 

(10) 

In  order  to  allow  new  digital  technologies  to  be  deployed  in  the  900  MHz  band  in 
coexistence  with  GSM  systems,  Directive  87/372/EEC  should  be  amended 
accordingly and the exclusive reservation of this band for GSM should be removed, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 87/372/EEC is amended as follows: 

(1) 

Article 1 is replaced by the following: 

'1.  Member  States  shall  make  available  the  880-915  MHz  and  925-960  MHz  radio 
spectrum  bands  for  GSM  systems  and  for  UMTS  systems  as  well  as  for  other 
terrestrial systems capable of providing electronic communications services that can 
co-exist  with  GSM  systems,  in  accordance  with  technical  implementing  measures 
adopted pursuant to Decision 676/2002/EC. 

2.  Member  States  shall,  when  implementing  this  Directive,  examine  whether  the 
existing assignment of 900 MHz spectrum to the competing mobile operators in their 
territory is likely to distort competition in the mobile markets concerned and, where 
justified  and  proportionate,  they  shall  address  such  distortions  in  accordance  with 
Article 14 of Directive 2002/20/EC. ' 

(2) 

Article 2 is replaced by the following: 

'For the purposes of this Directive, the following definitions shall apply: 

(a) "GSM system" shall mean an electronic communications network that complies 
with the GSM standards, as published by ETSI, in particular EN 301 502 and EN 301 
511; 

(b) "UMTS system" shall mean an electronic communications network that complies 
with the UMTS standards as published by ETSI, in particular EN 301 908-1, EN 301 
908-2, EN 301 908-3 and EN 301 908-11'. 

EN 

13 

   EN 

 
(3) 

Article 3 is replaced by the following: 

'1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive within six months after the date of 
entry  into  force  of  this  Directive.  They  shall  forthwith  communicate  to  the 
Commission  the  text  of  those  provisions  and  a  correlation  table  between  those 
provisions  and  this  Directive.  When  Member  States  adopt  those  provisions,  they 
shall contain a reference to this Directive or be accompanied by such a reference on 
the  occasion  of  their  official  publication.  Member  States  shall  determine  how  such 
reference is to be made. 

2.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main 
provisions of national law which they adopt in the field covered by this Directive.' 

(4) 

Article 4 is deleted. 

This Directive shall enter into force on the 20th day following its publication in the Official 
Journal of the European Union. 

Article 2 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

14 

   EN