Commission Implementing Decision of 5 November 2012 on the harmonisation of the frequency bands 1920-1980 MHz and 2110-2170 MHz for terrestrial systems capable of providing electronic communications services in the Union (notified under document C(2012) 7697) (Text with EEA relevance) (2012/688/EU)

Article 2

1. By 30 June 2014 at the latest, or whenever applying Article 9a of Directive 2002/21/EC at an earlier date to an existing right or issuing new rights to use part or all of the paired terrestrial 2 GHz band, Member States shall designate and make available, on a non-exclusive basis, the paired terrestrial 2 GHz band for terrestrial systems capable of providing electronic communications services, in compliance with the parameters set out in the Annex.

2. By way of derogation from paragraph 1 and pursuant to Article 4(5) of Decision No 676/2002/EC, Member States may request transitional periods that may include radio spectrum sharing arrangements and that shall expire by 24 May 2016 at the latest.

3. Member States shall ensure that the systems referred to in paragraph 1 give appropriate protection to systems in adjacent bands.

4. Member States shall facilitate cross-border coordination agreements with the aim of enabling the operation of the systems referred to in paragraph 1, taking into account existing regulatory procedures and rights.