http://www.legislation.gov.uk/id/eudn/2020/667

Commission Implementing Decision (EU) 2020/667

of 6 May 2020

amending Decision 2012/688/EU as regards an update of relevant technical conditions applicable to the frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz

(notified under document C(2020) 2816)

(Text with EEA relevance)

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 2012/688/EU2 harmonised the technical conditions for using the frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz for terrestrial systems capable of providing electronic communications services (ECSs) in the Union, mainly targeting wireless broadband services for end-users.

(2)

Article 6(3) of Decision No 243/2012/EU of the European Parliament and the Council3, requires Member States to help ECS providers to 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.

(3)

The Commission’s Communication on ‘Connectivity for a competitive digital single market – towards a European gigabit society’ 4 sets out new connectivity objectives for the Union to be achieved through the widespread deployment and take-up of very high capacity networks. To that end, the Commission’s Communication ‘5G for Europe: an action plan’ 5 identifies a need for action at the EU-level, including the identification and harmonisation of spectrum for 5G based on 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.

(4)

In its two opinions on the ‘strategic roadmap towards 5G for Europe’ (16 November 20166 and of 30 January 20197), the RSPG identified a need to ensure that the technical and regulatory conditions for all bands already harmonised for mobile networks are fit for 5G use. The paired terrestrial 2 GHz frequency band is one such band.

(5)

On 12 July 2018, pursuant to Article 4(2) of Decision No 676/2002/EC, the Commission mandated the European Conference of Postal and Telecommunications Administrations (CEPT) to review the harmonised technical conditions for certain EU-harmonised frequency bands, including the paired terrestrial 2 GHz frequency band, and to develop least restrictive harmonised technical conditions suitable for next-generation (5G) terrestrial wireless systems.

(6)

On 5 July 2019, the CEPT issued a report (CEPT report 72). It proposed EU-harmonised technical conditions for the paired terrestrial 2 GHz frequency band in terms of a frequency arrangement and a Block Edge Mask, which are suitable for use of the band with next-generation (5G) terrestrial wireless systems. CEPT report 72 concludes that the guard band of 300 kHz at the lower and upper frequency boundaries of the frequency arrangement can be removed.

(7)

It has to be noted that the spurious domain for the base stations in the frequency band 2 110 – 2 170 MHz starts 10 MHz from the band edge.

(8)

CEPT report 72 covers both active antenna systems and non-active antenna systems, which are used in systems capable of providing Wireless Broadband Electronic Communications Services (WBB ECS). It addresses the co-existence of these systems within the band and with services in adjacent bands (such as Space services below 2 110 MHz and above 2 200 MHz). Any new use of the paired terrestrial 2 GHz frequency band should continue to protect existing services in adjacent frequency bands.

(9)

The conclusions of CEPT report 72 should be applied across the Union and implemented by the Member States without delay. This should foster the availability and use of the paired terrestrial 2 GHz frequency band for 5G deployment while upholding the principles of technology and service neutrality.

(10)

The notion of ‘designating and making available the paired terrestrial 2 GHz frequency band’ 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 this band 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 this band, 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 this band in accordance with the applicable legal framework at Union level, including the harmonised technical conditions of this Decision.

(11)

Member States should have, where justified, sufficient time to adapt the existing licenses to the General Parameters of the new technical conditions.

(12)

Cross-border agreements between Member States and with third countries may be necessary to ensure that Member States implement the parameters set by this Decision in a manner which avoids harmful interference, improves spectrum efficiency and prevents fragmentation in spectrum use.

(13)

Decision 2012/688/EU should therefore be amended accordingly.

(14)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee established by the Decision No 676/2002/EC,

HAS ADOPTED THIS DECISION: