(1)

On 21 April 2021, pursuant to Article 4(2) of Decision No 676/2002/EC of the European Parliament and of the Council, the Commission issued a mandate to the European Conference of Postal and Telecommunications Administrations (‘CEPT’) to review by July 2024 the limit of out-of-band (‘OOB’) emissions below 5 935 MHz applicable to Very Low Power (‘VLP’) WAS/RLAN devices using the 5 945–6 425 MHz band, based on, in particular, the study of possible mitigation techniques for the protection of urban rail intelligent transport systems (ITS), with the view to relaxing the limit to – 37 dBm/MHz. This was justified by the need to ensure transport safety and the coexistence of such devices with the ITS, including communication based train control (CBTC), which use spectrum in parts of the 5 905–5 935 MHz frequency band.

(2)

Commission Implementing Decision (EU) 2021/1067 (2) harmonises the 5 945–6 425 MHz band for wireless access systems including radio local area networks. Table 2 of the Annex to that Decision sets, for VLP WAS/RLAN devices, the limit of maximum mean equivalent isotropically radiated power (e.i.r.p.) density for OOB emissions below 5 935 MHz at – 45 dBm/MHz until 31 December 2025. Moreover, Note 3 of that Table provides that the replacement of that limit with the limit – 37 dBm/MHz is to be decided by 31 December 2025.

(3)

In response to the mandate referred to in recital 1, on 20 November 2024, the CEPT submitted Report 087 regarding the review of the limit of OOB emissions below 5 935 MHz applicable to VLP WAS/RLAN devices. The proposals in the report include the relaxation of this limit to – 37 dBm/MHz, under certain technical conditions.

(4)

VLP WAS/RLAN devices using the frequency band below 6 105 MHz may use a Transmit Power Control (‘TPC’) mechanism.

(5)

Implementing Decision (EU) 2021/1067 should be amended, because the report effectively completed the review by the CEPT of technical conditions for VLP WAS/RLAN devices with regard to the limit – 45 dBm/MHz of maximum mean e.i.r.p. density for OOB emissions below 5 935 MHz, pursuant to the mandate referred to in recital 1. The changes in the Annex include the relaxation of this limit to – 37 dBm/MHz under technical conditions described therein.

(6)

Because Low Power Indoor (‘LPI’) WAS/RLAN devices for broadband connection onboard trains and aircraft typically use distributed antenna systems to provide good and evenly spread coverage in the passenger carriage, the report is proposing to update the regulatory framework in order to clarify the use of distributed antenna system in these use cases.

(7)

Because the specific review pursuant to the mandate referred to in recital 1 is now completed, Article 4 should be replaced by a standard review clause.

(8)

Implementing Decision (EU) 2021/1067 should therefore be amended accordingly.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

(1)

Article 4 is replaced by the following:

(2)

the Annex is replaced by the text set out in the Annex to this Decision.