2013/654/EU: Commission Implementing Decision of 12 November 2013 amending Decision 2008/294/EC to include additional access technologies and frequency bands for mobile communications services on aircraft (MCA services) (notified under document C(2013) 7491)  Text with EEA relevance

14.11.2013 EN Official Journal of the European Union L 303/48
COMMISSION IMPLEMENTING DECISION
of 12 November 2013
amending Decision 2008/294/EC to include additional access technologies and frequency bands for mobile communications services on aircraft (MCA services)
(notified under document C(2013) 7491)
(Text with EEA relevance)
(2013/654/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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 radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,
Whereas:
(1) Commission Decision 2008/294/EC (2) sets in its Annex technical and operational conditions necessary to allow the use of GSM on board aircraft.
(2) The development of enhanced means of communications supported by technical progress would improve the capacity for all citizens to be connected everywhere and at all time. It would also contribute to fulfilling the objectives of the Digital Agenda for Europe (3) and of the Europe 2020 strategy.
(3) In order to prepare for the use of the latest available technologies and frequencies for the provision of MCA services, the Commission gave a mandate on 5 October 2011 to the European Conference of Postal and Telecommunications Administrations (‘the CEPT’) pursuant to Article 4(2) of Decision No 676/2002/EC to assess technical compatibility between the operation of airborne UMTS systems and other feasible airborne technologies such as LTE or WiMax in frequency bands such as the 2 GHz and the 2,6 GHz band, and potentially affected radio services.
(4) Pursuant to that mandate, the CEPT provided its report on 8 March 2013. The CEPT Report 48 concluded that it would be possible to introduce, subject to the relevant technical conditions, UMTS and LTE technologies in the 2 100 MHz and 1 800 MHz bands, respectively. Therefore, the Annex to Decision 2008/294/EC should be amended, based on the results of the CEPT Report 48, to include these technologies and allow their use on board aircraft.
(5) This Decision should apply as soon as possible considering the increasing use of LTE and UMTS technologies in the Union.
(6) An appropriate protection by limiting the transmission power of the MCA services should be provided to existing potentially affected radio services. However, since the use of the upgraded network control unit (NCU) for the 2,6 GHz band would be delayed until the technical constraints are agreed by the competent aeronautical certification authorities to allow the start of the production of the NCUs and until airworthiness certification has been completed for each type of aircraft, the application of the NCU parameters for the 2,6 GHz band could be postponed until 1 January 2017.
(7) MCA technical specifications should continue to match technological progress.
(8) Decision 2008/294/EC should therefore be amended accordingly.
(9) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,