30.4.2018   

EN

Official Journal of the European Union

L 110/127

(1)

Decision No 243/2012/EU of the European Parliament and of the Council (2) establishes a multiannual radio spectrum policy programme (RSPP) which sets the target of identifying at least 1 200 MHz of spectrum suitable for wireless broadband in the Union by 2015, including spectrum already in use, on the basis of the spectrum inventory.

(2)

In its Opinion on strategic challenges facing Europe in addressing the growing spectrum demand for wireless broadband (3) dated 20 February 2013, the Radio Spectrum Policy Group (RSPG) recommended assessing the 1 427-1 452 MHz frequency band for wireless broadband use after 2015 as an extension of the band 1 452-1 492 MHz. Furthermore, in its opinion the RSPG highlighted challenges in the potential designation of the 1 427-1 452 MHz and 1 492-1 518 MHz frequency bands for wireless broadband, caused by incumbent military use and terrestrial fixed wireless services. The RSPG proposed further consideration of the 1 492-1 518 MHz frequency band dependent on the outcome of the World Radiocommunications Conference in 2015 (WRC-15).

(3)

WRC-15 identified the 1 427-1 452 MHz and 1 492-1 518 MHz frequency bands for International Mobile Telecommunications worldwide. In Region 1 of the International Telecommunications Union, including the European Union, those frequency bands, or portions of them respectively, are allocated to the mobile service except the aeronautical mobile service and to the fixed service, and to the space operation service Earth-to-space, on a co-primary basis. In addition, some Member States have designated the frequency band 1 452-1 518 MHz for programme making and special events usage.

(4)

On 15 March 2017, pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission gave the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate to develop harmonised technical conditions in additional frequency bands in the 1,5 GHz frequency range, namely 1 427-1 452 MHz and 1 492-1 518 MHz, in order to promote using them for terrestrial wireless broadband electronic communications services in the Union.

(5)

On 16 November 2017, in response to that mandate, CEPT issued its Report 65 (4), which proposes harmonised technical conditions for downlink-only wireless broadband electronic communication services in the 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands, taking into account the Union-wide designation of the 1 452-1 492 MHz frequency band under harmonised technical conditions for terrestrial systems capable of providing electronic communications services pursuant to Commission Implementing Decision (EU) 2015/750 (5).

(6)

Union-wide designation of the 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands for downlink-only wireless broadband electronic communications services should contribute to achieving the RSPP spectrum target for wireless broadband by adding 50 MHz of spectrum. Downlink-only use is important for addressing data traffic asymmetry by enhancing the downlink capability of wireless broadband systems, including for the provision of 5G services.

(7)

In the line with the recommendations of the CEPT Report 65, Member States should have national flexibility to use portions of the 1 427-1 452 MHz and the 1 492-1 517 MHz frequency bands in order to cater for international military agreements (6) or to respond – in a time-limited manner – to specific national needs for the continued operation of terrestrial fixed wireless services. In this regard, the Report emphasises that co-frequency operation of mobile and fixed services is not feasible. In consequence, the refarming process of these bands at national level to make them available in response to national demand for downlink-only wireless broadband electronic communications services is a complex process in need of an appropriate time frame.

(8)

When exercising national flexibility, Member States should give preference to the availability of contiguous spectrum for downlink-only wireless broadband electronic communications services, including the 1 452-1 492 MHz frequency band, so as to facilitate larger channel bandwidths of 5G services, economies of scale for equipment, coexistence with services in adjacent bands as well as frequency coordination.

(9)

Without prejudice to the right of Member States to organise spectrum use for the purpose of public order, public security and defence under Article 1(4) of the Radio Spectrum Decision, Member States should designate the 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands for downlink-only wireless broadband electronic communications services to the maximum extent possible.

(10)

The provision of downlink-only wireless broadband electronic communications services in the whole 1 427-1 517 MHz frequency band should be based on a consistent harmonised channelling arrangement and minimal, that is to say, least restrictive, technical conditions to foster the single market, mitigate harmful interference and ensure frequency coordination.

(11)

The technical conditions and arrangements delivered through the CEPT Report 65 also provide for co-existence between wireless broadband services and services in adjacent bands.

(12)

In particular, the technical conditions and arrangements, such as limits to unwanted emission power, ensure that wireless broadband use in the 1 427-1 517 MHz frequency band provides appropriate protection of radio astronomy and passive earth exploration satellite services in the 1 400-1 427 MHz frequency band, and of mobile satellite services in the 1 518-1 559 MHz frequency band. Further measures may be needed at national level to enhance coexistence with services in the adjacent 1 400-1 427 MHz and 1 518-1 559 MHz frequency bands, such as around airports seaports and ground stations used for receiving Search and Rescue signals relayed via satellite. In addition, improvements in the receiver performance of mobile earth stations are needed in line with the objectives and requirements of Directive 2014/53/EU of the European Parliament and of the Council (7).

(13)

Taking into account the lack of use of portions of the 1 452-1 492 MHz frequency band for terrestrial broadcasting systems, existing regulatory constraints regarding co-existence with such services in this band should be removed to allow for the deployment of downlink-only wireless broadband electronic communications services.

(14)

Cross-border frequency coordination agreements between administrations may be necessary to ensure implementation of the parameters set by this Decision with the aim of enhancing downlink-only wireless broadband electronic communications services in the 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands so as to avoid harmful interference and improve the efficiency of spectrum use. Cross-border frequency coordination agreements with respect to aeronautical telemetry services should be addressed between CEPT administrations concerned on a bi-lateral or a multi-lateral basis.

(15)

The measures provided in this Decision should be applied by Member States with the ultimate objective to ensure take-up of the full 1 427-1 517 MHz frequency band or, in the absence of national demand, a portion thereof, for downlink-only wireless broadband electronic communications services in order to contribute, as much as possible, to the fulfilment of the RSPP spectrum target.

(16)

Member States should report to the Commission on the implementation of the Decision and the use of the band in order to facilitate an assessment of its impact at Union level as well as its timely review, when necessary. In particular, the justification for exercising national flexibility in making available spectrum in the 1 427-1 452 MHz or the 1 492-1 517 MHz frequency bands should be kept under scrutiny on a biennial basis. Furthermore, Member States should report biennially on national measures enhancing coexistence with the radio astronomy and passive earth exploration satellite services, in the 1 400-1 427 MHz frequency band, and of mobile satellite services in the 1 518-1 559 MHz frequency band.

(17)

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

(1)

the title is replaced by the following: ‘Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1 427-1 517 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union’;

(2)

Article 1 is replaced by the following:

‘Article 1

This Decision is aimed at harmonising the conditions for the availability and efficient use of the 1 427-1 517 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union.’;

(3)

in Article 2, paragraph 2 is replaced by the following:

‘2.   No later than 1 October 2018, Member States shall designate and make available, on a non-exclusive basis, the 1 427-1 452 MHz and the 1 492-1 517 MHz frequency bands, or a portion thereof, for terrestrial systems capable of providing wireless broadband electronic communications services, in compliance with the parameters set out in the Annex.’;

(4)

in Article 2, paragraph 3 is replaced by the following:

‘3.   If they designate and make available only a portion of the 1 427-1 452 MHz or of the 1 492-1 517 MHz frequency bands in accordance with paragraph 2, Member States:

(5)

in Article 2, the following paragraph 4 is added:

‘4.   Member States shall ensure that the terrestrial systems referred to in this Article give appropriate protection to systems in adjacent bands.’;

(6)

in Article 2, the following paragraph 5 is added:

‘5.   Member States shall facilitate cross-border coordination agreements so as to enable operation of systems referred to in paragraph 1, 2 and 3, taking into account existing regulatory procedures and rights, and relevant international agreements.’;

(7)

the following Article 2a is added:

‘Article 2a

Member States shall review the application of Article 2 on a biennial basis, in order to ensure maximum availability of the 1 427-1 517 MHz frequency band for wireless broadband electronic communications services.’;

(8)

Article 4 is replaced by the following:

‘Article 4

Member States shall monitor the use of the 1 427-1 517 MHz frequency band and report their findings to the Commission upon request or at their own initiative in order to allow timely review of this Decision, where necessary.’;

(9)

the following Article 4a is added:

‘Article 4a

Member States shall report to the Commission on the application of this Decision, including the extent of availability of the 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands, on 1 November 2018 at the latest.’;

(10)

the Annex to Implementing Decision (EU) 2015/750 is replaced by the text in the Annex to this Decision.