Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of the 470-790 MHz frequency band in the Union
Date: 2016-02-02
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: audiovisual communications policy, harmonisation of standards, innovation, radio telecommunications, regulation of telecommunications, transmission network, waveband

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   EUROPEAN COMMISSION  Brussels, 2.2.2016  COM(2016) 43 final 2016/0027 (COD)   Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of the 470-790 MHz frequency band in the Union {SWD(2016) 19 final} {SWD(2016) 20 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Digital  Single  Market  Strategy  for  Europe  has  a  vision  of  universal,  high-quality 
connectivity for businesses and the public. The strategy includes specific proposals from the 
Commission  on  ‘the  coordinated  release  of  the  694-790 MHz  ('700 MHz')  band,  which  is 
particularly well-suited for ensuring the provision of broadband services in rural areas, while 
accommodating the specific needs of audiovisual media distribution’.  

Wireless connectivity requires access to spectrum in the bands below 1 GHz, being the sweet 
spot for both wide coverage and high speeds. Following the switch to more spectrum-efficient 
digital  television  technologies,  the  800 MHz  band  (790-862 MHz,  or  the  ‘digital  dividend’) 
was  the  first  portion  of  the  UHF  broadcasting  band  (470-862 MHz)  to  be  repurposed  for 
wireless broadband services in the Union. At present the UHF broadcasting band comprises 
the  range  of  frequencies  from  470  to  790 MHz  (hereinafter  the  ‘UHF  band’).  This  band  is 
used for digital terrestrial television (DTT) and audio programme making and special events 
(‘audio PMSE’) equipment, essentially wireless microphones. 

The  2012  World  Radiocommunication  Conference 
International 
Telecommunications  Union  (ITU)  Conference  that  revises  the  binding  Radio  Regulations, 
decided  that  the  700 MHz  band  should  be  allocated  to  both  the  broadcasting  and  mobile 
service in Region 1 (Europe and Africa) as of 2015.  

(WRC-12), 

the 

WRC-15,  which  took  place  in  November  2015,  finalised  international  negotiations  on 
technical and regulatory parameters for the use of the 700 MHz band for wireless broadband. 
The  coherent  situation  in  the  700 MHz  frequency  band  in  all  ITU  regions1  offers  a  rare 
opportunity for near-global harmonisation of this frequency band for wireless broadband use. 
WRC-15  also  maintained  the  exclusive  allocation  of  the  470-694  MHz  (‘sub-700  MHz’) 
frequency band to the broadcasting service in Region 1. 

In 2013, the Commission’s Vice President Neelie Kroes asked former Commissioner Pascal 
Lamy  to  chair  a  high-level  group  of  representatives  of  the  mobile,  broadcasting  and  media 
sectors to find a common position on the UHF band’s future use. The Chairman’s report in his 
own capacity (the ‘Lamy Report’) recommended repurposing the 700 MHz band for wireless 
broadband  while  sustaining  the  European  audiovisual  model  by  providing  safeguards  that 
terrestrial broadcasting would have spectrum access to the sub-700 MHz frequency band.  

The Commission’s public consultation on the Lamy Report found that there was support for 
coordinated Union action. In parallel, the Radio Spectrum Policy Group (RSPG) adopted an 
Opinion2, which also supports a coordinated Union approach to providing wireless broadband 
in  the  700 MHz  frequency  band.  The  RSPG  Opinion  recommended  harmonised  technical 
conditions and a common deadline for effective use of the 700 MHz band and long-term use 
of the sub-700 MHz frequency band for audiovisual distribution, including its availability for 
DTT. 

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2 

The 700 MHz band in Region 3 as well as the 698-790 MHz band in Region 2 had been allocated to the 
mobile services on a co-primary basis before 2012 
Document RSPG15-595 final, link: http://rspg-spectrum.eu/wp-content/uploads/2013/05/RSPG15-
595_final-RSPG_opinion_UHF.pdf. 

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The  Commission  responded  to  the  outcomes  of  the  European  stakeholder  process  and 
international agreements under the aegis of the ITU by developing a strategy for the Union on 
the long-term use of the UHF band. The strategy will promote the digital single market and 
ensure efficient management of radio spectrum in the UHF band, reflecting its social, cultural 
and economic value. The UHF band strategy has three major strands:  

 

 

 

harmonised  technical  conditions  for  wireless  broadband  electronic  communications 
services  in  the  700 MHz  frequency  band  based  on  the  principle  of  technology  and 
service neutrality;  

a  common  deadline  for  making  the  700 MHz  band  available  for  effective  use  for 
wireless broadband electronic communications services in line with the harmonised 
technical conditions above, and coordination measures to support this transition;  

priority for distribution of audiovisual media services (AVMS) in the sub-700 MHz 
frequency band in conjunction with a flexible approach to how the band is used; this 
is  necessary  to  cater  for  diversity  regarding  the  market  significance  of  DTT  in 
Member States. 

• 

Consistency with existing policy provisions in the policy area 

This proposal contributes to the target of 1200 MHz for wireless broadband, which is one of 
the  key  objectives  of  Decision  2012/243/EU  of  the  European  Parliament  and  the  Council 
establishing  a  multiannual  radio  spectrum  policy  programme  (RSPP).  The  proposal  also 
promotes  the  further  development  of  innovative  audiovisual  media  services  in  line  with  the 
RSPP  objectives  and  is  consistent  with  the  Authorisation  Directive3  and  the  Framework 
Directive4, in particular Articles 9 and 9a of the latter. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This  legislative  measure  is  based  upon  Article  114  TFEU  to  ensure  the  functioning  of  the 
internal market. 

• 

Subsidiarity and proportionality  

As  also  explained  in  the  impact  assessment,  the  solution  under  this  decision  proposal  is  the 
best option in terms of subsidiarity and proportionality.  

The subsidiarity principle is respected as the initiative's objectives could not be achieved by 
Member States individually while at the same time it allows national circumstances (in both 
the 700 MHz and the sub-700 MHz bands) to be taken into account. 

The EU should decide how it intends to use the 700 MHz frequency band in the future if it 
wants  to  avoid  divergent  national  approaches  and  limit  interference  across  borders.  The 
absence  of  a  Union-wide  common  legislation  for  the  UHF  band  would  create  detrimental 
fragmentation  in  the  use  of  the  UHF  band  within  the  Union.  Fragmentation  leads  to  cross-
border interference, which could affect up to 13% of the EU population.  

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Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common 
regulatory framework for electronic communications networks and services (Framework Directive) (OJ 
L 108, 24.04.2002, p. 33). 
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) (OJ L 108, 
24.04.2002, p. 21). 

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Therefore,  there  is  a  need  for  a  coordinated  designation  and  authorisation  of  the  700  MHz 
band for wireless broadband by 2020 and coordinated designation of the sub-700 MHz band 
for  flexible  use  which  safeguards  the  provision  of  audiovisual  media  services  to  mass 
audience, as well as investments into more efficient technologies, which are needed in order 
to vacate the current use of the 700 MHz band by DTT. 

The flexible use of the sub-700 MHz band is also proportionate as it addresses the problem 
and achieves the objectives in the most efficient way. Clearing the whole sub-700 MHz band 
for wireless broadband, for example, would go beyond what is currently necessary to satisfy 
the  demand  for  sub-1  GHz  spectrum  to  meet  wireless  traffic  demand.  At  the  same  time, 
flexible  use  provides  regulatory  certainty  for  DTT  in  the  sub-700  MHz  band  for  those 
Member  States  that  wish  to  maintain  their  current  DTT  capacity.  Moreover,  harmonised 
technical conditions for spectrum use may be established in agreement with national technical 
experts in the Radio Spectrum Committee under Decision 676/2002/EC. 

• 

Choice of the instrument 

The Commission’s UHF band strategy for the Union will be implemented on the basis of two 
legal  instruments.  A  non-binding  measure  such  as  a  recommendation  of  the  Parliament  and 
the  Council  would  neither  make  Union  coordination  obligatory  nor  require  action  from  the 
Member  States.  A  decision  has  been  preferred  to  a  regulation  as  the  measure  creates 
obligations  for  Member  States  but  is  not  meant  to  have  directly  applicable  effects  into 
Member States for private parties. A decision is also more appropriate than a directive as the 
draft measure does not set out a whole body of general rules to be transposed into national law 
but only includes a limited number of specific actions to be taken by Member States. Decision 
243/2012/EU  of  the  European  Parliament  and  of  the  Council  establishing  the  RSPP  for 
example  included  similar  obligations  and  actions  for  Member  States  in  its  Article  6(4),  and 
Decisions  128/1999/EC,  626/2008/EC  and  676/2002/EC  of  the  European  Parliament  and  of 
the  Council  were  also  adopted  in  the  past  to  impose  upon  Member  States  obligations  and 
actions of a similar nature.  

This  measure  according  to  Article  114  TFEU  will  be  accompanied  by  a  Commission 
implementing  decision,  adopted  through  a  comitology  procedure  pursuant  to  Decision  No 
676/2002/EC5,  to  designate  and  make  available  the  700  MHz  frequency  band  for  use  for 
wireless  broadband  electronic  communications  services  under  harmonised 
technical 
conditions  developed  with  the  assistance  of  the  CEPT6.  This  approach  was  also  used  to 
harmonise  the  800  MHz  frequency  band  for  wireless  broadband  electronic  communications 
services by virtue of the RSPP and the Commission decision 2010/267/EU7. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

This proposal has taken into account the following stakeholder inputs: 

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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  (Radio  Spectrum 
Decision) (OJ L 108, 24.4.2002, p. 1) 
European Conference of Postal and Telecommunications Administrations 
Commission Decision of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz 
frequency band for terrestrial systems capable of providing electronic communications services in the 
European Union (OJ L 117/95, 11.5.2010) 

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(a) 

(b) 

(c) 

(d) 

the Lamy report8, drawn up by Pascal Lamy himself on the basis of the work of 
the high-level group he chaired; 
contributions to the public consultation9 on the Lamy report; 

the  RSPG  report  on  a  ‘Proposed  spectrum  coordination  approach  for 
broadcasting in the case of a reallocation of the 700 MHz band’10; 

the  RSPG  Opinion  on  a  ‘Long-term  strategy  on  the  future  use  of  UHF  band 
(470-790 MHz) in the European Union’. 

• 

Collection and use of expertise 

Two  dedicated  independent  studies  have  been  undertaken  for  the  Commission,  which 
provided input to this proposal. These were:  

 

 

‘Economic  and  Social  Impact  of  Repurposing  the  700 MHz  frequency  band  for 
Wireless Broadband Services in the European Union’;  

‘Challenges and opportunities of broadcast-broadband convergence and its impact on 
spectrum and network use’.  

The first of the two studies analyses the costs of transitions, the impact of wireless broadband 
coverage  making  use  of  the  700 MHz  frequency  band  and  the  socio-cultural  aspects  of 
reconfiguring DTT spectrum use into the sub-700 MHz frequency band.  

The second study provides a comprehensive assessment of the opportunities for convergence 
between DTT and wireless broadband beyond 2020. 

• 

Impact assessment 

An  impact  assessment  prepared  by  the  Commission  received  a  positive  opinion  from  the 
Regulatory Scrutiny Board11 on 27 November 2015. 

The impact assessment looked at four policy options: 

(1) 

(2) 

(3) 

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No action at Union level. 

Coordinated  designation  and  authorisation  of  the  700 MHz  frequency  band  for 
wireless broadband by 2020 and reservation of the sub-700 MHz frequency band for 
DTT and audio PMSE. 

Coordinated  designation  and  authorisation  of  the  700 MHz  frequency  band  for 
wireless broadband by 2020. Coordinated designation of the sub-700 MHz frequency 
band  for  flexible  use,  subject  to  national  demand,  which  would  safeguard  the 
continued  provision  of  audiovisual  media  services  to  a  mass  audience  (in  a 
technology-neutral  way),  including  free-to-view  distribution,  as  well  as  spectrum 
availability  for  audio  PMSE  use.  To  avoid  interference,  the  use  of  sub-700 MHz 
spectrum  should  be  limited  technically  to  ‘downlink-only’  mode12.  This  option 

Link:  http://ec.europa.eu/digital-agenda/en/news/report-results-work-high-level-group-future-use-uhf-
band. 
Link: https://ec.europa.eu/eusurvey/runner/PublicConsultationLamyReport2014. 
Document RSPG13-524 rev1, link: https://circabc.europa.eu/d/a/workspace/SpacesStore/614d3daf-
76a0-402d-8133-77d2d3dd2518/RSPG13-524 %20rev1 %20Report_700MHz_reallocation_REV.pdf. 
Link: http://ec.europa.eu/smart-regulation/impact/ia_carried_out/cia_2015_en.htm#cnect 
Transmission solely from the network infrastructure to receiving terminals such as TV sets or tablets. 

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would also make provision for developing a spectrum strategy for audio PMSE that 
would respond to spectrum loss for audio PMSE in the UHF band. 

(4) 

Coordinated  designation  and  authorisation  of  the  whole  UHF  band  for  wireless 
broadband services by 2020. 

The  Commission  selected  option  3,  making  it  its  ‘preferred  option’  for  fulfilling  the  policy 
objectives.  The  preferred  option  will  contribute  to  Union-level  spectrum  and  connectivity 
targets. Use of the 700 MHz frequency band for wireless broadband together with spectrum in 
the  800 MHz  and  900 MHz  frequency  bands  would  boost  mobile  network  capacity.  This 
would  provide  universal  coverage  at  high  transmission  speeds  of  at  least  30 Mb/s  per  user 
within  a  representative  competitive  3-4  operator  market.  Having  2020  as  the  common 
deadline  for  repurposing  the  700 MHz  frequency  band  is  appropriate  also  because  it  ties  in 
with initial 5G deployment. Option 3 also provides certainty for spectrum access in the sub-
700 MHz  band  to  broadcasters  and  providers  of  audiovisual  media  services  to  the  general 
public,  in  particular  digital  terrestrial  broadcasting.  Flexibility  of  use  for  sub-700 MHz 
spectrum makes it easier to mitigate interference and makes it possible to create an innovative 
‘ecosystem’ promoting investment and new business models.  

Option  3  is  supported  by  the  aforementioned  outcome  of  WRC-15  both  for  the  700 MHz 
frequency  band  and  for  the  sub-700 MHz  frequency  band.  The  sub-700 MHz  band  remains 
exclusively allocated to broadcasting services in Europe and Africa and in large parts of the 
rest of the world. 

The first aforementioned study tendered by the Commission found that clearing the 700 MHz 
band in 2020 and upgrading to next generation terrestrial broadcasting technology would cost 
an estimated €1.2 to 4.4 billion. The bulk of these costs would be incurred by end-users when 
they  upgrade  their  reception  equipment  before  the  end  of  the  normal  equipment  renewal 
cycle. Audio PMSE costs for a transition in 2020 would amount to €200 million, based on a 
figure  where  30 %  of  current  audio  PMSE  users  operate  in  the  700 MHz  frequency  band. 
However, EU countries may offer technology-neutral public support measures that limit these 
costs,  if  consistent  with  state-aid  rules13.  Furthermore,  the  adaptation  of  DTT  networks  to 
carry the same amount of programmed content with reduced spectral capacity is estimated to 
cost  a  maximum  of  around  €890  million.  This  may  in  particular  include  costs  incurred  by 
right-holders whose rights of use would need to be amended before the period for which they 
were granted expires. If Member States consider measures to mitigate such costs, they must 
comply with the principle of technological neutrality and the relevant decision practice of the 
Commission in the area of State aid14 as well as the related case law of the EU Courts15. In 

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The  Commission  approved  state  aid  to  limit  the  impact  on  consumers  and  PMSE  users  in  several 
decisions. See, among others, N622/03 Digitalisierungsfonds — Austria, OJ C 228, 17.9.2005; C25/04 
Introduction  of  digital  terrestrial  television  (DVB-T)  in  Berlin-Brandenburg  —  Germany,  OJ  L  200, 
22.7.2006;  C24/04  Digital  terrestrial  television  in  Sweden,  OJ  L  112,  30.4.2007;  C52/05  Digital 
decoders in Italy, OJ L 147, 8.6.2007; N270/06 Subsidies to digital decoders with API — Italy, OJ C 
80,  13.4.2007;  N107/07  Subsidies  to  IdTV  —  Italy,  OJ  C  246,  20.10.2007;  C34/06  Introduction  of 
digital  terrestrial  television  (DVB-T)  in  North  Rhine-Westphalia,  OJ  L  236,  3.9.2008;  SA.28685 
Captación de Televisión Digital en Cantabria  — Spain, OJ C 119, 24.4.2012; N671b/2009  — Digital 
switch-over in Slovakia, OJ C 39, 8.2.2011. 
State  aid  C  25/2004,  DVB-T  Berlin  Brandenburg;   State  aid  C  52/2005,  Digital  decoders;  planned 
Commission decision for January 2016 on State aid SA.32619 notified by the Kingdom of Spain for the 
compensation of damages for the liberation of digital dividend. 
Case ECJ, C-222/04 of 10 January 2006, Cassa di Risparmio di Firenze, para. 131; Case ECJ, C-126/01 
of  20  November  2003,  GEMO  SA,  para.  28;  Case  ECJ,  C-53/00  of  22  November  2001,  Ferring  SA, 
paras.  19  ff;  Case  ECJ,  C-143/99  of  8  November  2001,  Adria-Wien  Pipeline,  para  38;  Case  ECJ,  C-
310/99,  Italy  v.  Commission,  para  251;  Case  ECJ,  T-109/01  of  14  January  2004,  Fleuren  Compost 

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some  instances,  measures  adopted  to  compensate  for  the  withdrawal  of  rights,  where  such 
compensation does not exceed the prejudice generated by the withdrawal, could be in certain 
circumstances consistent with Union state-aid law. According to the RSPG, rights of use have 
been granted in 14 Member States either indefinitely or for a period extending beyond 2020.  

Taking into account the results of the recent spectrum auctions for the 800 MHz and 900 MHz 
frequency bands, a conservative estimate of the overall revenues from assigning the 700 MHz 
frequency  band  in  the  EU-28  by  2020  would  be  around  €11  billion,  all  other  things  being 
equal. 

4. 

BUDGETARY IMPLICATIONS 

No specific budgetary implications are expected for the Union. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

In accordance with the UHF band strategy, this proposal lays down:  

 

 

 

deadlines  for  repurposing  the  700  MHz  frequency  band  for  wireless  broadband 
electronic  communications  services  in  accordance  with  harmonised  technical 
conditions at Union level;  

measures facilitating the transition in spectrum use in the UHF band;  

measures for the long-term use of the sub-700 MHz frequency band, although these 
will include a review. 

Article 1 sets two binding common deadlines for Member States for repurposing the 700 MHz 
frequency band for wireless broadband:  

 

 

cross-border coordination agreements must be completed by the end of 2017;  

the 700 MHz  frequency band must  be made  available for effective use for wireless 
broadband electronic communications services by mid-2020, in accordance with the 
Commission  Implementing  Decision  on  the  harmonised  technical  conditions  for 
using the band16.  

Article 1 also stipulates that use of the 700 MHz frequency band for wireless broadband after 
the common Union deadline must be protected across borders. 

Article  2  requires  Member  States  to  make  rights  of  use  in  the  700 MHz  frequency  band 
tradable.  This  is  in  line  with  the  policy  objectives  and  provisions  of  the  RSPP17  and  the 
Framework Directive. 

BV  v. Commission, para. 54; Case ECJ, C-251/97 of 5 October 1999, France v. Commission, para. 40. 
Case GC, T-177/07 of 15 June 2010, Mediaset v. Commission, case ECJ, C-403/10 P of 28 July 2011, 
Mediaset  v.  Commission.  GC  Case  T-21/06  of  6  October  2009,  Germany  v.  Commisssion  concerning 
DVB-T  –  Berlin/Brandebourg,  GC  Cases  T-461/13  Spain  v.  Commission,  T-462/13  Basque  Country 
and  Itelazpi  v.  Commission,  T-463/13  and  T-464/13  Galicia  v.  Commission  and   Retegal  v. 
Commission,  T-465/13  Catalonia  and  CTTI  v.  Commission,  T-487/13  Navarra  v.  Commission  and 
finally T-541/13 Abertis Telecom and Retevisión v. Commission. 
These deadlines are in line with the RSPG report, the RSPG opinion and the Lamy report. 
cf. Article 6(8). 

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Article 3 requires Member States to consult on at national level and consider taking measures 
to  ensure  a  high-quality  level  of  coverage  of  their  population  and  territory  when  they  grant 
rights  of  use  of  the  700 MHz  band  for  wireless  broadband  electronic  communications 
services. The aim is to reap the socioeconomic benefits of the UHF band by contributing to 
bridging the digital divide and enabling the pervasive Internet of Things.   

Article 4 deals with the long-term use of the sub-700 MHz frequency band. It requires Member 
States  to  safeguard  use  of  this  band  in  the  long  term  for  the  distribution  of  audiovisual  media 
services  to  a  mass  audience  (or  to  the  general  public).  This  should  include  continued  use  for 
wireless audio PMSE, in accordance with national priorities.  

To  ensure  coherence  of  Member  States'  obligations  with  Articles  9  and  9a  of  the  Framework 
Directive,  the  obligation  to  safeguard  use  of  the  sub-700 MHz  band  applies  to  the  provision  of 
audiovisual  media  services  to  a  mass  audience  and  not  to  the  type  of  the  underlying  wireless 
technology or the type of electronic communications service. Therefore, the safeguard set out in 
Article 4 provides certainty for spectrum access and allows for the further development of DTT as 
the major platform for terrestrial broadcasting of audiovisual media services to the general public. 
The article also allows the sub-700 MHz frequency band to be used also for other technology or 
electronic communications services limited to downlink-only (i.e. from the network to receiving 
terminals such as TV sets or tablets). 

Article 5 requires Member States to adopt and communicate across the Union their national 
roadmaps on repurposing the 700 MHz frequency band for wireless broadband and the related 
transition  process  for  the  whole  UHF  band.  This  provision  is  motivated  by  the  transition 
roadmap agreed among stakeholders (see Annex 2 to the Lamy report). The roadmap sets out 
the scope of measures to be considered in the transition to new DTT technologies in conjunction 
with repurposing of the 700 MHz frequency band. The aim is to ensure that impacts on the public 
and businesses can be limited using a transparent process. 

Article  6  requires  the  Commission  to  conduct  by  2025  a  review  of  spectrum  use  in  the  sub-
700 MHz  frequency  band  in  cooperation  with  the  Member  States.  Having  carried  out  this 
review, the Commission must report its conclusions to the European Parliament and the Council 
together  with  any  proposal  for  regulatory  changes,  which  might,  for  example,  change  the 
substance or format of safeguards or their duration. This provision of the Decision is in line with a 
recommendation  in  the  Lamy  report.  The  Commission’s  review  of  spectrum  use  in  the  sub-
700 MHz  frequency  band  should  take  into  account  the  planned  review  of  this  band  at  the  2023 
ITU World Radiocommunication Conference. 

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2016/0027 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the use of the 470-790 MHz frequency band in the Union 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee18, 
Having regard to the opinion of the Committee of the Regions19, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

In the multiannual radio spectrum policy programme (RSPP) established by Decision 
No  243/2012/EU20,  the  European  Parliament  and  the  Council  set  the  objectives  of 
identifying at least 1 200 MHz of spectrum suitable for wireless broadband electronic 
communications services in the Union by 2015, of supporting the further development 
of  innovative  audiovisual  media  services  by  ensuring  sufficient  spectrum  for  the 
satellite and terrestrial provision of such services, if the need is clearly substantiated, 
and  of  ensuring  sufficient  spectrum  for  programme  making  and  special  events 
(PMSE). 
In  its  strategy  for  the  digital  single  market  (DSM)21,  the  Commission  highlights  the 
importance  of  the  694-790 MHz  (‘700 MHz’)  frequency  band  for  ensuring  the 
provision of broadband services in rural areas and stresses the need for a coordinated 
release of that frequency band, while accommodating the specific needs of audiovisual 
media services distribution. 

Spectrum in the 470-790 MHz frequency band is a valuable asset for the cost-efficient 
deployment  of  wireless  networks  with  universal  indoor  and  outdoor  coverage.  This 
spectrum is currently used across the Union for digital terrestrial television (DTT) and 
wireless  audio  PMSE  equipment.  It  supports  the  development  of  the  media,  creative 
and cultural sectors, which extensively rely on this spectrum resource for the wireless 
provision of content to mass audiences. 

(4) 

For Region 1, which includes the Union, the International Telecommunication Union’s 
Radio  Regulations  adopted  by  the  World  Radiocommunication  Conference  have 

18 
19 
20 

21 

OJ C , , p. . 
OJ C , , p. . 
Decision  No  243/2012/EU  of  the  European  Parliament  and  of  the  Council  of  14  March  2012 
establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7). 
See http://ec.europa.eu/priorities/digital-single-market/index_en.htm. 

EN 

9 

   EN 

                                                 
(5) 

(6) 

(7) 

(8) 

allocated  the  700 MHz  frequency  band  to  the  broadcasting  and  the  mobile  (except 
aeronautical  mobile)  service  on  a  co-primary  basis,  and  the  470-694 MHz  (‘sub-
700 MHz’) frequency band exclusively to the broadcasting service, on a primary basis, 
and to wireless audio PMSE use, on a secondary basis. 

Rapidly  growing  wireless  broadband  traffic  makes  enhanced  wireless  network 
capacity  a  necessity.  Spectrum  in  the  700 MHz  frequency  band  provides  both 
additional  capacity  and  universal  coverage,  in  particular  for  the  economically 
challenging  rural  and  remote  areas,  for  indoor  use  and  for  wide-range  machine-type 
communications.  In  this  context,  coherent  measures  for  high-quality  terrestrial 
wireless  coverage  across  the  Union,  which  build  on  best  national  practice  for 
operators’ licence obligations, should aim to meet the RSPP objective that all citizens 
should have access to broadband speeds of not less than 30 Mb/s by 2020. In this way, 
the  measures  will  promote  innovative  digital  services  and  ensure  long-term 
socioeconomic benefits. 

Spectrum  sharing  within  a  common  frequency  band  between  bidirectional  wireless 
broadband  use  (uplink and downlink), on the one  hand, and unidirectional television 
broadcasting  or  wireless  audio  PMSE  use,  on  the  other  hand,  is  technically 
problematic.  This  means  that  repurposing  the  700 MHz  frequency  band  for 
bidirectional terrestrial wireless broadband electronic communications services would 
deprive DTT and wireless audio PMSE users of part of their spectrum resources. The 
DTT  and  PMSE  sectors  therefore  need  long-term  regulatory  predictability  on  the 
availability of sufficient spectrum, so that they can safeguard the sustainable provision 
and development of their services, in particular free-to-view television. Measures may 
be  needed  at  national  and  Union  level  to  ensure  additional  spectrum  resource  for 
wireless audio PMSE use outside the 470-790 MHz frequency band. 
In his report to the Commission (the ‘Lamy report’)22, Pascal Lamy, the Chairman of 
the  high-level  group  on  the  future  use  of  the  470-790 MHz  frequency  band, 
recommended  that  the  700 MHz  frequency  band  be  made  available  for  wireless 
broadband  by  2020  (+/-  two  years).  This  would  help  achieve  the  goal  of  long-term 
regulatory predictability for DTT in having access to the sub-700 MHz frequency band 
until 2030, although this would have to be reviewed by 2025. The Lamy Report also 
recommended  national  flexibility  in  spectrum  use  of  the  sub-700  MHz  frequency 
band,  which  is  limited  to  downlink-only.  Downlink-only  is  the  restriction  of  all 
transmissions  in  a  wireless  system,  independent  of  its  technology,  to  unidirectional 
transmission from central infrastructure stations such as a TV broadcasting tower or a 
mobile base station to portable or mobile terminals such as TV sets or mobile phones. 

The Radio Spectrum Policy Group (RSPG) recommends in its opinion on a long-term 
strategy  on  the  future  use  of  the  470-790 MHz  frequency  band  in  the  Union  (the 
‘RSPG opinion’) the adoption of a coordinated approach across the Union to make the 
700 MHz frequency band available for effective use for wireless broadband electronic 
communications  services  by  the  end  of  2020.  This  would  be  in  conjunction  with 
ensuring long-term availability until 2030 of the sub-700 MHz frequency band for the 
downlink-only  provision  of  audiovisual  media  services.  The  RSPG  particularly 
recommends introducing flexibility so that the sub-700 MHz frequency band can also 
be used for downlink-only wireless broadband electronic communications services. 

22 

Report  by  Mr  Pascal  Lamy,  available  at:  https://ec.europa.eu/digital-agenda/en/news/report-results-
work-high-level-group-future-use-uhf-band. 

EN 

10 

   EN 

                                                 
(9) 

As  some  Member  States  have  already  launched  or  completed  a  national  process  to 
authorise the use of the 700 MHz frequency band for bidirectional terrestrial wireless 
broadband  electronic  communications  services,  the  Union  should  take  immediate 
action  in  order  to  prevent  fragmentation  of  the  single  market.  What  is  needed  is  a 
coordinated  approach  to  the  future  use  of  the  470-790 MHz  frequency  band,  which 
should  also  provide  regulatory  predictability,  balance  Member  State  diversity  with 
single  market  objectives  and  promote  a  coherent  Union  position  on  the  international 
scene.  In  this  context,  Member  States  should  be  required  to  repurpose  the  700 MHz 
frequency band in a timely manner in accordance with Union and national law. 

(10)  The use of the 700 MHz frequency band by other applications in non-Union countries, 
as  allowed  by  international  agreements  or  in  parts  of  national  territory  outside  the 
effective  control  of  the  Member  State  authorities,  may  limit  the  band’s  use  for 
terrestrial  wireless  broadband  electronic  communications  services  in  some  Member 
States.  This  would  prevent  them  from  complying  with  the  common  schedule  set  at 
Union level. Member States concerned should take all necessary steps to minimise the 
duration  and  geographical  extent  of  these  limitations  and  seek  the  assistance  of  the 
Union, where necessary, under Article 10(2) of the RSPP. They should also notify the 
Commission  of such  limitations  pursuant to  Articles 6(2)  and 7, and the information 
should be published in accordance with Article 5, of Decision No 676/2002/EC23. 

(11)  The use of the 700 MHz frequency band for terrestrial wireless broadband electronic 
communications services should be subject to a flexible authorisation regime as soon 
as possible. This should include the possibility for holders of rights of use of spectrum 
to trade and lease their existing rights in the context of the application of Articles 9, 9a 
and 9b of Directive 2002/21/EC24. 

(12) 

(13) 

23 

24 

25 

In line with Articles 9 and 9a of Directive 2002/21/EC, Member States should apply a 
flexible  approach  where  possible  and  may  allow  the  introduction  of  alternative 
downlink-only uses such as terrestrial wireless broadband electronic communications 
services  in  the  sub-700 MHz  frequency  band  in  accordance  with  national  needs  for 
distribution  of  audiovisual  media  services  to  a  mass  audience.  When  allowing  use 
within  the  sub-700  MHz  frequency  band  for  downlink-only  terrestrial  wireless 
broadband  electronic  communications  services,  Member  States  should  ensure  that 
such  use  does  not  affect  the  use  of  sub-700 MHz  band  for  digital  terrestrial 
broadcasting in neighbouring Member States, as provided for in the agreement at the 
Regional Radiocommunication Conference of 200625. 

In any case, spectrum usage in the 470-694 MHz frequency band should be reassessed 
at  Union  level  no  later than  2025. Such  an  assessment  should  also  take  into  account 
the  planned  review  of  this  frequency  band  at  the  World  Radiocommunication 
Conference in 2023. Changes in the use of the sub-700 MHz frequency band should 
the 
take 

technological  developments,  consumer  behaviour, 

into  consideration 

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  (Radio  Spectrum 
Decision) (OJ L 108, 24.4.2002, p. 1). 
Directive  No  2002/21/EC  of  7  March  2002  on  a  common  regulatory  framework  for  electronic 
communications networks and services (Framework Directive) (OJ L108, 24.4.2002, p.33). 
Regional Radiocommunication  Conference  of 2006 for planning of  the digital  terrestrial  broadcasting 
service in parts of Regions 1 and 3, in the frequency bands 174-230 MHz and 470-862 MHz (RRC-06) 
in Geneva. 

EN 

11 

   EN 

                                                 
importance of continuing the delivery of free television26 service and social, economic 
and  cultural  general  interest  objectives.  In  this  context,  studies  on  technical  and 
regulatory  conditions  for  co-existence  between  incumbent  and  new  spectrum  uses  in 
the  sub-700  MHz  frequency  band  are  necessary.  These  would  ensure  coherence 
between  the  approaches  taken  by  different  Member  States  on  flexible  and  efficient 
spectrum  use  and  would  enable  technical  harmonisation  measures  for  use  and  co-
existence  in  this  band.  Such  studies  and  measures  may  be  developed  pursuant  to 
Decision No 676/2002/EC. 

(14)  Member  States  should  adopt  coherent  national  roadmaps  to  facilitate  the  use  of  the 
700 MHz frequency band for terrestrial wireless broadband electronic communications 
services while ensuring continuity for the television broadcasting services that vacate 
the  band.  Once  adopted,  Member  States  should  communicate  the  roadmaps  in  a 
transparent  manner  around  the  Union.  The  roadmaps  should  cover  activities  and 
timescales  for  frequency  re-planning,  technical  developments  for  network  and  end-
user  equipment,  co-existence  between  radio  and  non-radio  equipment,  existing  and 
new authorisation regimes and information on the possibility to offer compensation for 
migration  costs,  where  these  would  arise, in  order  to  avoid,  inter  alia,  costs  for  end-
users.  Where  Member  States  intend  to  maintain  DTT,  the  roadmaps  should  give 
particular  attention  to  facilitating  upgrades  of  broadcasting  equipment  to  more 
spectrum-efficient technologies such as advanced video formats (e.g. HEVC) or signal 
transmission technologies (e.g. DVB-T2). 

(15)  The  scope  and  mechanism  of  possible  compensation  for  completing  the  transition  in 
spectrum  use  within  the  470-790 MHz  frequency  band  should  be  analysed  in 
accordance with the relevant national provisions as provided by Article 14 of Directive 
2002/20/EC27, and have to be consistent with the provisions of Articles 107 and 108 
TFEU. 

(16)  Since  the  objective  of  this  Decision,  namely  to  ensure  coordinated  transition  in 
spectrum use of the 470-790 MHz frequency band in the Union according to common 
objectives, cannot be sufficiently achieved by the Member States and can therefore, by 
reason of its scale and effects, be better achieved at Union level, the Union may adopt 
measures in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty on European Union. In accordance with the principle of proportionality, as set 
out  in  that  Article,  this  Decision  does  not  go  beyond  what  is  necessary  in  order  to 
achieve that objective, 

HAVE ADOPTED THIS DECISION:  

(1) 

26 

27 

Article 1 

By 30 June 2020, Member States shall allow the use of the 694-790 MHz frequency 
band  for  terrestrial  systems  capable  of  providing  wireless  broadband  electronic 
communications  services  only  under  harmonised  technical  conditions  set  by  the 
Commission  pursuant  to  Article  4  of  Decision  676/2002/EC.  Where  necessary, 
Member  States  shall  carry  out  the  authorisation  process  or  amend  relevant  existing 

In the meaning of Directive 2010/13/EU of the European Parliament and of the Council (Audiovisual 
Media Services Directive). 
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) (OJ L 108, 
24.04.2002, p. 21) 

EN 

12 

   EN 

                                                 
(2) 

(3) 

rights  to  use  the  spectrum  in  accordance  with  Directive  2002/20/EC,  in  order  to 
allow that use. 

In  order  to  allow  the  use  of  the  694-790 MHz  frequency  band  in  accordance  with 
paragraph  1,  Member  States  shall  by  31 December 2017  conclude  all  necessary 
cross-border frequency coordination agreements within the Union. 

Member  States  shall  not  be  bound  by  the  obligations  under  paragraphs  1  and  2  in 
geographical areas where frequency coordination with non-Union countries remains 
unresolved,  as  long  as  Member  States  make  all  practicable  efforts  to  minimise  the 
duration and geographical scope of such unresolved coordination and annually report 
the  results  to  the  Commission  until  the  outstanding  coordination  issues  have  been 
resolved.  This  paragraph  shall  also  apply  to  the spectrum  coordination  problems  in 
the  Republic  of  Cyprus  arising  from  the  fact  that  the  Government  of  Cyprus  is 
prevented from exercising effective control in part of its territory. 

By  30  June  2022,  Member  States  shall  allow  the  transfer  or  leasing  of  the  rights  of  use  of 
spectrum for electronic communications services in the 694-790 MHz frequency band. 

Article 2 

Article 3 

When  Member  States  authorise  the  use  of  the  694-790 MHz  frequency  band  or  amend 
existing rights to use the 694-790 MHz frequency band, they shall take all necessary measures 
to ensure a high-quality level of coverage of their population and territory at speeds of at least 
30 Mb/s, both indoors and outdoors, including in pre-determined national priority areas where 
necessary, and along major terrestrial transport paths. Such measures may include conditions 
facilitating  or  encouraging  sharing  network  infrastructure  or  spectrum  in  compliance  with 
Union law.  

To that  end, Member States  shall assess and consult  on the need  to  attach conditions to  the 
rights of use for frequencies within the 694-790 MHz frequency band. 

Article 4 

(1) 

(2) 

Member States shall ensure availability of the 470-694 MHz frequency band or parts 
of  the  band  for  the  terrestrial  provision  of  audiovisual  media  services  to  mass 
audiences, including free television, and for use by wireless audio PMSE equipment, 
based on national broadcasting needs. Member States shall ensure that any other use 
of  the  470-694 MHz  frequency  band  on  their  territory  does  not  cause  harmful 
interference  with  the  terrestrial  provision  of  audiovisual  media  services  in  a 
neighbouring Member State. 

If Member States authorise the use of spectrum in the 470-694 MHz frequency band 
for terrestrial systems capable of providing electronic communication services other 
than  television  broadcasting  networks,  such  use  shall  be  limited  to  downlink-only. 
Such  use  shall  be  without  prejudice  to  obligations  resulting  from  international 
agreements and Union law. 

By 30 June 2017, Member States shall adopt and make public their national plan and schedule 
(‘national roadmap’) for fulfilling their obligations under Articles 1 and 4 of this Decision. 

Article 5 

EN 

13 

   EN 

In  order  to  ensure  that  the  use  of  the  694-790 MHz  frequency  band  is  in  accordance  with 
paragraph  1  of  Article  1,  Member  States  shall  include  in  their  national  roadmaps,  where 
appropriate, information on measures to limit the impact of the forthcoming transition process 
on  the  public  and  users  of  wireless  audio  PMSE  equipment  and  to  facilitate  the  timely 
availability  of  interoperable  television  broadcasting  network  equipment  and  receivers  in  the 
internal market. 

Article 6 

By 1 January 2025, the Commission, in cooperation with the Member States, shall carry out 
an  assessment  and  report  to  the  Council  and  Parliament  on  developments  in  the  use  of  the 
470-694  MHz  frequency  band,  taking  into  account  the  social,  economic,  cultural  and 
technological  aspects  affecting  the  use  of  the  band  pursuant  to  Articles  1  and  4.  The  report 
shall assess whether it is necessary to change the use of the 470-694 MHz frequency band, or 
any part of it, in the Union.  

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

Article 7 

This Decision is addressed to the Member States. 

Done at Brussels, 

Article 8 

For the European Parliament 
The President 

For the Council 
The President 

EN 

14 

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