
Article 1 
This Decision aims to harmonise the technical conditions for the availability and efficient use of the 790-862 MHz band (800 MHz band) for terrestrial systems capable of providing electronic communications services in the European Union.
Article 2 

1. When they designate or make available the 800 MHz band for networks other than high-power broadcasting networks, Member States shall do so, on a non-exclusive basis, for terrestrial systems capable of providing electronic communications services in compliance with the parameters set out in the Annex to this Decision.
2. Member States shall ensure that systems referred to in paragraph 1 give appropriate protection to systems in adjacent bands.
3. Member States shall facilitate cross-border coordination agreements with the aim of enabling the operation of systems referred to in paragraph 1, taking into account existing regulatory procedures and rights.
4. Member States shall not be bound to implement the obligations under this Decision in geographic areas where spectrum coordination with third countries requires a deviation from the parameters set out in the Annex to this Decision, provided that they notify the relevant information to the Commission, including the affected geographic areas, and publish it pursuant to Radio Spectrum Decision. Member States shall make all practicable efforts to resolve such deviations and inform the Commission thereof.
Article 3 
Member States shall keep the use of the 800 MHz band under scrutiny and report their findings to the Commission upon request. The Commission shall, were appropriate, proceed to a review of this Decision.
Article 4 
This Decision is addressed to the Member States.
Done at Brussels, 6 May 2010.
For the Commission
Neelie KROES
Vice-President
ANNEX
The technical conditions presented in this Annex are in the form of frequency arrangements and block-edge masks (BEMs). A BEM is an emission mask that is defined, as a function of frequency, relative to the edge of a block of spectrum for which rights of use are granted to an operator. It consists of in-block and out-of-block components which specify the permitted emission levels over frequencies inside and outside the licensed block of spectrum, respectively.
The BEM levels are built up by combining the values listed in the tables below in such a way that the limit at any frequency is given by the highest (least stringent) value of (a) the baseline requirements, (b) the transition requirements, and (c) the in-block requirements (where appropriate). The BEMs are presented as upper limits on the mean equivalent isotropically radiated power (EIRP) or total radiated power (TRP) over an averaging time interval, and over a measurement frequency bandwidth. In the time domain, the EIRP or TRP is averaged over the active portions of signal bursts and corresponds to a single power control setting. In the frequency domain, the EIRP or TRP is determined over the measurement bandwidth specified in the following tables. In general, and unless stated otherwise, the BEM levels correspond to the power radiated by the relevant device irrespective of the number of transmit antennas, except in the case of transition requirements for base stations, which are specified per antenna.
BEMs shall be applied as an essential component of the technical conditions necessary to ensure coexistence between services at national level. However, it should be understood that the derived BEMs do not always provide the required level of protection of victim services and additional mitigation techniques would need to be applied in a proportionate manner at national level in order to resolve any remaining cases of interference.
Member States shall also ensure that operators of terrestrial systems capable of providing electronic communications services in the 800 MHz band can use less stringent technical parameters than those set out below provided that the use of these parameters is agreed among all affected parties and that these operators continue to comply with the technical conditions applicable for the protection of other services, applications or networks and with obligations resulting from cross-border coordination.
Equipment operating in this band may also make use of power 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.
The term block edge refers to the frequency boundary of an authorised right of use. The term band edge refers to the boundary of a range of frequencies designated for a certain use.

A.  1. 

((a)) the assigned block sizes shall be in multiples of 5 MHz;
((b)) the duplex mode of operation shall be FDD with the following arrangements. The duplex spacing shall be 41 MHz with base station transmission (down link) located in the lower part of the band starting at 791 MHz and finishing at 821 MHz and terminal station transmission (up link) located in the upper part of the band starting at 832 MHz and finishing at 862 MHz.
 2. Notwithstanding Part A(1), but provided the technical conditions of Part B and Part C of this Annex are applied, Member States may implement alternative frequency arrangements with the aim of (a) achieving general interest objectives, (b) ensuring greater efficiency through market-based spectrum management, (c) ensuring greater efficiency when sharing with existing rights of use during a coexistence period, or (d) avoiding interference.

B.  1. 
An in-block EIRP limit for base stations is not obligatory. However, Member States may set limits and, unless otherwise justified, such limits would normally lie within the range 56 dBm/5 MHz to 64 dBm/5 MHz.
 2. 

Frequency range of out-of-block emissions Maximum mean out-of-block EIRP Measurement bandwidth
Frequencies used for FDD uplink -49,5 dBm 5 MHz
Frequencies used for TDD -49,5 dBm 5 MHz
Frequency range of out-of-block emissions Maximum mean out-of-block EIRP Measurement bandwidth
– 10 to – 5 MHz from lower block edge 18 dBm 5 MHz
– 5 to 0 MHz from lower block edge 22 dBm 5 MHz
0 to + 5 MHz from upper block edge 22 dBm 5 MHz
+ 5 to + 10 MHz from upper block edge 18 dBm 5 MHz
Remaining FDD downlink frequencies 11 dBm 1 MHz

Frequency range of out-of-block emissions Maximum mean out-of-block EIRP Measurement Bandwidth
Guard band between broadcasting band edge at 790 MHz and FDD downlink band edge 17,4 dBm 1 MHz
Guard band between broadcasting band edge at 790 MHz and TDD band edge 15 dBm 1 MHz
Guard band between FDD downlink band edge and FDD uplink band edge (duplex gap) 15 dBm 1 MHz
Guard band between FDD downlink band edge and TDD band edge 15 dBm 1 MHz
Guard band between FDD uplink band edge and TDD band edge 15 dBm 1 MHz



Case Condition on base station in-block EIRP, PdBm/10 MHz Maximum mean out-of-block EIRP Measurement bandwidth
A For TV channels where broadcasting is protected P ≥ 59 0 dBm 8 MHz
36 ≤ P < 59 (P – 59) dBm 8 MHz
P < 36 – 23 dBm 8 MHz
B For TV channels where broadcasting is subject to an intermediate level of protection P ≥ 59 10 dBm 8 MHz
36 ≤ P < 59 (P – 49) dBm 8 MHz
P < 36 -13 dBm 8 MHz
C For TV channels where broadcasting is not protected No conditions 22 dBm 8 MHz

Cases A, B, and C listed in Table 4 can be applied per broadcasting channel and/or per region so that the same broadcasting channel may have different levels of protection in different geographic areas and different broadcasting channels may have different levels of protection in the same geographic area. Member States shall apply the baseline requirement in case A in circumstances where digital terrestrial broadcasting channels are in use at the time of deployment of terrestrial systems capable of providing electronic communications services. Member States may apply the baseline requirements in cases A, B or C in circumstances where the relevant broadcasting channels are not in use at the time of deployment of terrestrial systems capable of providing electronic communications services. They shall take into account that cases A and B reserve the option of bringing relevant broadcasting channels into use for digital terrestrial broadcasting at a future date, while case C is appropriate where there are no plans to bring the relevant broadcasting channels into use.

C. 

Maximum mean in-block power 23 dBm


Member States may relax the limit in Table 5 for specific deployments, e.g. fixed terminal stations in rural areas, provided that protection of other services, networks and applications is not compromised and cross-border obligations are fulfilled.
