(1)

As announced in the Commission’s Communication Shaping Europe’s Digital Future of 19 February 2020, digital solutions are crucial to help Europe pursue its own way towards a digital transformation that works for the benefit of citizens and undertakings in compliance with the Union’s values. To that end, it is essential that: people benefit from technology; a single market without borders is ensured in which undertakings of all sizes can compete on equal terms; and democratic values, respect for fundamental rights and a sustainable, climate-neutral and resource-efficient economy are pursued. In that context, radio spectrum is a key public resource that is used more and more for an extensive range of commercial and public services.

(2)

The way in which radio spectrum policy in the Union is pursued and implemented is to comply with and contribute to freedom of expression, including freedom of opinion and freedom to receive and disseminate information and ideas, irrespective of borders, as well as freedom and plurality of the media, in line with the Union’s values under Article 2 of the Treaty of the European Union. Indeed, market access for several operators is necessary to ensure pluralism and freedom of information.

(3)

Commission Decision 2009/766/EC (3) harmonises the technical conditions for using the radio spectrum in the 880-915 MHz and 925-960 MHz frequency bands (‘900 MHz frequency band’) and in the 1 710-1 785 MHz and 1 805-1 880 MHz frequency bands (‘1 800 MHz frequency band’) for terrestrial systems capable of providing electronic communications services in the Union, including wireless broadband services. It ensures compliance with Article 1(1) of Council Directive 87/372/EEC (4) as regards the coexistence of terrestrial systems capable of providing electronic communications services with GSM systems in the 900 MHz band.

(4)

Article 6(3) of Decision No 243/2012/EU of the European Parliament and the Council (5) requires Member States to help providers of electronic communication services regularly upgrade their networks to the latest, most efficient technology, in order to create their own spectrum dividends in line with the principles of service and technological neutrality. Therefore, use of the 900 MHz and 1 800 MHz frequency bands with large block sizes of at least 5 MHz in support of next generation (5G) terrestrial wireless systems should be facilitated in pursuance of the objectives of the EU regulatory framework and in compliance with EU law.

(5)

The Commission’s Communication ‘Connectivity for a Competitive Digital Single Market – towards a European Gigabit Society’ (6) sets out new connectivity objectives for the Union updated with the Commission Communication ‘2030 Digital Compass: the European way for the Digital Decade’ (7). Those objectives are to be achieved through the widespread deployment and take-up of very high capacity networks. The Commission Communication ‘5G for Europe: an Action Plan’ (8) identifies coordinated actions at Union level, including the identification and harmonisation of spectrum for 5G on the basis of the opinion of the Radio Spectrum Policy Group (RSPG), in order to ensure uninterrupted 5G coverage in all urban areas and major terrestrial transport paths by 2025.

(6)

In its two opinions of 16 November 2016 (9) and 30 January 2019 (10) on a strategic spectrum roadmap towards 5G for Europe, the RSPG identified the need to ensure that the technical and regulatory conditions for all bands already harmonised for mobile networks are fit for 5G use, including the 900 MHz and 1 800 MHz frequency bands, which are currently in use in the Union predominantly for the second (GSM), the third (UMTS) and the fourth (LTE) generation of mobile systems.

(7)

On 14 July 2017, in accordance with Article 4(2) of the Radio Spectrum Decision the Commission issued a mandate to the European Conference of Postal and Telecommunications Administrations (CEPT) to review the harmonised technical conditions for use of the 900 MHz and 1 800 MHz bands for terrestrial wireless broadband electronic communications services with the objective to also allow their use by the internet of Things (IoT).

(8)

In response to that mandate, on 13 March 2018, the CEPT adopted its CEPT Report 66, which identifies wireless IoT technologies in relation to mobile broadband (i.e. cellular) communications systems and harmonised technical conditions for their use in the 900 MHz and 1 800 MHz frequency bands. Those IoT technologies are Extended Coverage GSM IoT (EC-GSM-IoT), LTE Machine Type Communications (LTE-MTC), LTE evolved Machine Type Communications (LTE-eMTC), and Narrowband IoT (NB-IoT). CEPT Report 66 also concludes that EC-GSM-IoT is an integral part of the GSM system under Directive 87/372/EEC. Therefore, EC-GSM-IoT complies with the technical conditions applicable to a GSM system without any need to amend these conditions.

(9)

On 12 July 2018, the Commission issued under Article 4(2) of the Radio Spectrum Decision a mandate to the CEPT to review the harmonised technical conditions for certain EU-harmonised frequency bands, including the 900 MHz and 1 800 MHz frequency bands, and to develop least restrictive harmonised technical conditions suitable for next-generation (5G) terrestrial wireless systems.

(10)

In response to that mandate, on 5 July 2019, the CEPT adopted its CEPT Report 72 (Report A) which concludes that within the 900 MHz frequency band, GSM and narrowband terrestrial systems including cellular IoT systems will continue to be in commercial operation for the foreseeable future. This Report stipulates a need for a frequency separation of 200 kHz, when GSM and narrowband terrestrial systems, including cellular IoT systems, are in operation in the 900 MHz and 1 800 MHz frequency bands. Furthermore, this Report provides also information on the feasibility of using the 900 MHz and 1 800 MHz frequency bands for 5G, including any limitations of the GSM Directive for the 900 MHz band.

(11)

In response to that mandate, on 2 July 2021, the CEPT adopted its CEPT Report 80 (Report B), which proposes a harmonised band plan and the least restrictive harmonised technical conditions for the coexistence of narrowband and broadband terrestrial systems capable of providing electronic communications services using the 900 MHz and 1 800 MHz frequency bands, based on the concept of a block edge mask. Those conditions are essential for ensuring technology neutrality in the 900 MHz and 1 800 MHz frequency bands.

(12)

CEPT Report 80 defines one block edge mask for narrowband and broadband terrestrial systems using non-active antenna systems, and another block edge mask for broadband terrestrial systems using active antenna systems. GSM and EC-GSM-IoT are not covered by those block edge masks and are technically characterised by references to ETSI standards. On that basis, CEPT Report 80 provides the least restrictive technical conditions for the coexistence of different narrowband and broadband terrestrial systems (11) capable of providing electronic communications services within the 900 MHz and 1 800 MHz frequency bands. It also provides the conditions for coexistence of those systems with the GSM system in the 900 MHz frequency band, pursuant to the Council Directive 87/372/EEC.

(13)

The block edge masks cover narrowband terrestrial systems with a channel bandwidth of 200 kHz, but excluding GSM and EC-GSM-IoT. They also cover broadband terrestrial systems with a channel bandwidth larger than 200 kHz. The differentiation between narrowband and broadband terrestrial systems is necessary for the implementation of a frequency separation in certain scenarios at national level. In this regard, CEPT Report 80 sets out a frequency separation between the nominal channel edges of adjacent narrowband and broadband terrestrial systems capable of providing electronic communications services as well as between the nominal channel edges of different adjacent narrowband terrestrial systems capable of providing electronic communications services and also GSM and EC-GSM-IoT. The implementation of frequency separation should be managed at the national level. Different approaches could be implemented, depending on the spectrum edges of adjacent terrestrial systems as well as relevant national policies. CEPT Report 80 includes a toolbox for implementing frequency separation.

(14)

CEPT Report 80 provides the least restrictive technical conditions for the coexistence of narrowband and broadband terrestrial systems capable of providing electronic communications services with systems in adjacent frequency bands, in particular Railway Mobile Radio (RMR) systems. In this regard, a frequency separation of 200 kHz between the nominal channel edges of a terrestrial system capable of providing electronic communications services and an RMR system, which is adjacent in frequency, may be applied in certain scenarios. Coexistence between GSM systems and RMR should be managed at national level in accordance with the existing regulatory framework.

(15)

The harmonised technical conditions set out in CEPT Report 80 constitute the technical basis for this Decision. They should replace the harmonised technical conditions of Decision 2009/766/EC, which are based on references to ETSI standards, while ensuring compatibility with those conditions and their amendment. This should promote legal certainty and technical convergence across the Union in support of economies of scale of equipment and interoperable services in the single market.

(16)

Existing rights of use of spectrum in the 900 MHz and 1 800 MHz frequency bands, which are subject to Decision 2009/766/EC, vary across the Member States in terms of assigned block sizes, frequency arrangements or durations of those rights. Therefore, due to different national situations and policy objectives, there is a need to maintain flexibility for the national implementation of the harmonised technical conditions pursuant to this Decision. National flexibility should be time-limited in accordance with Article 53 of Directive (EU) 2018/1972 of the European Parliament and of the Council (12), to allow the coordinated transition of existing individual rights of use of spectrum to those harmonised technical conditions. Any new or prolonged rights of use of spectrum granted after adoption of this Decision should comply with those harmonised technical conditions. This would foster a Union-wide ecosystem of equipment and services and stimulate 5G deployment in both frequency bands, as well as ensure the continued provision of GSM services in accordance with the GSM Directive.

(17)

This Decision should therefore supersede Commission Decision 2009/766/EC. In the interest of legal clarity, Commission Decision 2009/766/EC should be repealed. Its Annex and its relevant provision allowing use of spectrum in the 900 MHz and 1 800 MHz frequency bands for other systems not listed in the Annex should remain applicable for a transitional period.

(18)

Cross-border coordination agreements among Member States as well as between Member States and non-EU countries may be necessary to avoid harmful interference and to improve spectrum efficiency and non-fragmentation in spectrum use, in compliance with Article 28 of Directive (EU) 2018/1972.

(19)

The notion of ‘designating and making available’ the 900 MHz and 1 800 MHz frequency bands in the context of this Decision refers to the following steps: (i) the adaptation of the national legal framework on frequency allocation to include the intended use of these bands under the harmonised technical conditions set in this Decision, (ii) the initiation of all necessary measures in order to ensure coexistence with existing use in these bands to the extent necessary, (iii) the initiation of the appropriate measures, supported by the launch of a stakeholder consultation process where appropriate, in order to allow the use of these bands in accordance with the applicable legal framework at Union level, including the harmonised technical conditions of this Decision.

(20)

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

(a)

‘GSM system’ means an electronic communications network as specified by ETSI standards, in particular EN 301 502, EN 301 511, and EN 301 908-18, also including Extended Coverage GSM IoT (EC-GSM-IoT);

(b)

‘900 MHz band’ means the 880-915 MHz and 925-960 MHz bands;

(c)

‘1 800 MHz band’ means the 1 710-1 785 MHz and 1 805-1 880 MHz bands.