
Article 1 
The purpose of this Decision is to harmonise the conditions for the availability and efficient use of the frequency bands 5 150-5 350 MHz and 5 470-5 725 MHz for wireless access systems including radio local area networks (WAS/RLANs).
Article 2 
For the purposes of this Decision the following definitions shall apply:

((a)) ‘wireless access systems including radio local area networks (WAS/RLANs)’ shall mean broadband radio systems that allow wireless access for public and private applications disregarding the underlying network topology.
((b)) ‘indoor use’ shall mean use inside a building, including places assimilated thereto such as an aircraft, in which the shielding will typically provide the necessary attenuation to facilitate sharing with other services.
((c)) ‘mean equivalent isotropically radiated power (e.i.r.p.)’ shall mean e.i.r.p. during the transmission burst which corresponds to the highest power, if power control is implemented.
Article 3 
Member States shall designate by 31 October 2005 at the latest the frequency bands 5 150-5 350 MHz and 5 470-5 725 MHz and take all appropriate means relating thereto for the implementation of WAS/RLANs, subject to the specific conditions laid down in Article 4.
Article 4 

1. In the frequency band 5 150-5 350 MHz, WAS/RLANs shall be restricted to indoor use with a maximum mean e.i.r.p. of 200 mW. Furthermore, in the 5 150-5 350 MHz band the maximum mean e.i.r.p. density shall be limited to 10 mW/MHz in any 1 MHz band.
2. In the frequency band 5 470-5 725 MHz, the indoor and outdoor use of WAS/RLANs shall be restricted to a maximum mean e.i.r.p. of 1 W and a maximum mean e.i.r.p. density of 50 mW/MHz in any 1 MHz band.
3. WAS/RLANs operating in the bands 5 250-5 350 MHz and 5 470-5 725 MHz shall employ transmitter power control, which provides, on average, a mitigation factor of at least 3 dB on the maximum permitted output power of the systems.If transmitter power control is not in use, the maximum permitted mean e.i.r.p. and the corresponding mean e.i.r.p. density limits for the 5 250-5 350 MHz and 5 470-5 725 MHz bands shall be reduced by 3 dB.
4. WAS/RLANs operating in the bands 5 250-5 350 MHz and 5 470-5 725 MHz shall use mitigation techniques that give at least the same protection as the detection, operational and response requirements described in EN 301 893 to ensure compatible operation with radiodetermination systems. Such mitigation techniques shall equalise the probability of selecting a specific channel for all available channels so as to ensure, on average, a near-uniform spread of spectrum loading.
5. Member States shall keep mitigation techniques under regular review and report to the Commission thereupon.
Article 5 
This Decision is addressed to the Member States.