
Article 1 
This Decision aims at harmonising, without prejudice to the protection and continued operation of other existing use in this band, the conditions for the availability and efficient use of the 3 400-3 800 MHz band for terrestrial systems capable of providing electronic communications services.
Article 2 

1. No later than six months after entry into force of this Decision Member States shall designate and make available, on a non-exclusive basis, the 3 400-3 600 MHz band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex to this Decision.
2. By 1 January 2012 Member States shall designate and subsequently make available, on a non-exclusive basis, the 3 600-3 800 MHz band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex to this Decision.
3. Member States shall ensure that networks referred to in paragraphs 1 and 2 give appropriate protection to systems in adjacent bands.
4. Member States shall not be bound to implement the obligations under this Decision in geographical areas where coordination with third countries requires a deviation from the parameters in the Annex to this Decision.Member States shall make all practicable efforts to solve such deviations, which they shall notify to the Commission, including the affected geographical areas, and publish the relevant information pursuant to Decision No 676/2002/EC.
Article 3 
Member States shall allow the use of the 3 400-3 800 MHz band in accordance with Article 2 for fixed, nomadic and mobile electronic communications networks.
Article 4 
Member States shall keep the use of the 3 400-3 800 MHz band under scrutiny and report their findings to the Commission to allow regular and timely review of the Decision.
Article 5 
This Decision is addressed to the Member States.
Done at Brussels, 21 May 2008.
For the Commission
Viviane REDING
Member of the Commission
ANNEX
The following technical parameters called block edge mask (BEM) are an essential component of conditions necessary to ensure coexistence in the absence of bilateral or multilateral agreements between neighbouring networks. Less stringent technical parameters, if agreed among the operators of such networks, can also be used. Equipment operating in this band may also make use of e.i.r.p. limits other than those set out below provided that appropriate mitigation techniques are applied which comply with Directive 1999/5/EC and which offer at least an equivalent level of protection to that provided by these technical parameters.

A) 

Station type Maximum e.i.r.p. spectral density(dBm/MHz)(including tolerances and automatic transmitter power control (ATPC) range)
Central station (and repeater station downlinks) 53
Terminal station outdoor (and repeater station uplinks) 50
Terminal station (indoor) 42



Station type Maximum e.i.r.p. spectral density(dBm/MHz)(Minimum ATPC range: 15 dB)
Central station 53
Terminal station 25


B)  Figure 

Frequency offset Central station transmitter output power density limits(dBm/MHz)
In-band (within assigned block) See Tables 1 and 2
ΔF = 0 – 6
0<ΔF<A – 6 – 41· (ΔF/A)
A – 47
A<ΔF<B – 47 – 12· ((ΔF – A)/(B – A))
ΔF≥B – 59
