
COMMISSION DECISION of 21 May 2008 on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (notified under document number C(2008) 1873) (Text with EEA relevance) (2008/411/EC) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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), and in particular Article 4(3) thereof,
Whereas:

(1) The Commission has supported a more flexible use of spectrum in its Communication on ‘Rapid access to spectrum for wireless electronic communications services through more flexibility’, which, inter alia, addresses the 3 400-3 800 MHz band. Technological neutrality and service neutrality have been underlined by Member States in the Radio Spectrum Policy Group (RSPG) opinion on Wireless Access Policy for Electronic Communications Services (WAPECS) of 23 November 2005 as important policy goals to achieve a more flexible use of spectrum. Moreover, according to this opinion, these policy goals should not be introduced abruptly, but in a gradual manner to avoid disruption of the market.

(2) The designation of the 3 400-3 800 MHz band for fixed, nomadic and mobile applications is an important element addressing the convergence of the mobile, fixed and broadcasting sectors and reflecting technical innovation. The services provided in this frequency band should mainly target end-user access to broadband communications.

(3) It is expected that the wireless broadband electronic communications services for which the 3 400–3 800 MHz band is to be designated will to a large extent be pan-European in the sense that users of such electronic communications service in one Member State could also gain access to equivalent services in any other Member State.

(4) Pursuant to Article 4(2) of Decision No 676/2002/EC, the Commission gave a mandate dated 4 January 2006 to the European Conference of Postal and Telecommunications Administrations (hereinafter the CEPT) to identify the conditions relating to the provision of harmonised radio frequency bands in the EU for Broadband Wireless Access (BWA) applications.

(5) In response to that Mandate, the CEPT issued a report (CEPT Report 15) on BWA, which concludes that the deployment of fixed, nomadic and mobile networks is technically feasible within the 3 400-3 800 MHz frequency band under the technical conditions described in the Electronic Communications Committee's Decision ECC/DEC/(07)02 and Recommendation ECC/REC/(04)05.

(6) The results of the Mandate to the CEPT should be made applicable in the Community and implemented by the Member States without delay given the market demand for the introduction of terrestrial electronic communication services providing broadband access in these bands. Taking into account the differences in current use and in market demand for the 3 400-3 600 MHz and 3 600-3 800 MHz sub-bands at national level a different deadline should be established for the designation and availability of the two sub-bands.

(7) The designation and making available of the 3 400-3 800 MHz band in accordance with the results of the Mandate on BWA recognises the fact that there are other existing applications within these bands and does not preclude the future use of these bands by other systems and services to which these bands are allocated in accordance with the ITU Radio Regulations (designation on a non-exclusive basis). Appropriate sharing criteria for coexistence with other systems and services in the same and adjacent bands have been developed in ECC Report 100. This report confirms, inter alia, that sharing with satellite services is often feasible considering the extent of their deployment in Europe, geographical separation requirements and case-by-case evaluation of actual terrain topography.

(8) Block Edge Masks (BEM) are technical parameters that apply to the entire block of spectrum of a specific user, irrespective of the number of channels occupied by the user's chosen technology. These masks are intended to form part of the authorisation regime for spectrum usage. They cover both emissions within the block of spectrum (i.e. in-block power) as well as emissions outside the block (i.e. out-of-block emission). They are regulatory requirements aimed at managing the risk of harmful interference between neighbouring networks and are without prejudice to limits set in equipment standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (the R&TTE Directive).

(9) Harmonisation of technical conditions for the availability and efficient use of spectrum does not cover assignment, licensing procedures and timing, nor the decision whether to use competitive selection procedures for the assignment of radio frequencies, which will be organised by Member States in line with Community law.

(10) Differences in the national legacy situations could result in competitive distortions. The existing regulatory framework gives Member States the tools to deal with these problems in a proportionate, non-discriminatory and objective manner, subject to Community law including Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) and Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive).

(11) The use of the 3 400-3 800 MHz band by other existing applications in third countries can limit the introduction and use of this band by electronic communications networks in several Member States. Information on such limitations should be notified to the Commission pursuant to Articles 7 and 6(2) of Decision No 676/2002/EC and published in accordance with Article 5 of Decision No 676/2002/EC.

(12) In order to ensure effective use of the 3 400-3 800 MHz band also in the longer term, administrations should continue with studies that may increase efficiency and innovative use, such as meshed network architectures. Such studies should be taken into account when considering a review of this Decision.

(13) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:

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. Without prejudice to the protection and continued operation of other existing use in this band, when Member States designate and make available, on a non-exclusive basis the 3 400-3 800 MHz frequency band for terrestrial electronic communications networks, they shall do so in compliance with the parameters set out in the Annex.
2. Member States shall ensure that networks referred to in paragraph 1 give appropriate protection to systems in adjacent bands.
3. 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.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.
Member States shall facilitate cross-border coordination agreements with the aim of enabling the operation of those networks, taking into account existing regulatory procedures and rights.
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 4a 
Member States shall report on the application of this Decision on 30 September 2019 at the latest.
Article 5 
This Decision is addressed to the Member States.
ANNEX
PARAMETERS REFERRED TO IN ARTICLE 2
A. DEFINITIONS 


 Active antenna systems (AAS) means a base station and an antenna system where the amplitude and/or phase between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short term changes in the radio environment. This excludes long-term beam shaping such as fixed electrical down tilt. In AAS base stations the antenna system is integrated as part of the base station system or product.
 Synchronised operation means operation of two or more different time division duplex (TDD) networks, where simultaneous uplink (UL) and downlink (DL) transmissions do not occur, that is at any given moment in time either all networks transmit in downlink or all networks transmit in uplink. This requires the alignment of all DL and UL transmissions for all TDD networks involved as well as synchronising the beginning of the frame across all networks.
 Unsynchronised operation means operation of two or more different TDD networks, where at any given moment in time at least one network transmits in DL while at least one network transmits in UL. This might happen if the TDD networks either do not align all DL and UL transmissions or do not synchronise at the beginning of the frame.
 Semi-synchronised operation means operation of two or more different TDD networks, where part of the frame is consistent with synchronised operation, while the remaining portion of the frame is consistent with unsynchronised operation. This requires the adoption of a frame structure for all TDD networks involved, including slots where the UL/DL direction is not specified, as well as synchronising the beginning of the frame across all networks.
 Total radiated power (TRP) is a measure of how much power a composite antenna radiates. It equals the total conducted power input into the antenna array system less any losses in the antenna array system. TRP means the integral of the power transmitted in different directions over the entire radiation sphere as shown in the formula:

where P(, φ) is the power radiated by an antenna array system in direction (, φ) given by the formula:
P(, φ) = PTxg(, φ)
where PTx denotes the conducted power (measured in Watts), which is input to the array system, and g(, φ) denotes the array systems directional gain along the (, φ) direction.

B. GENERAL PARAMETERS 

Within the 3 400-3 800 MHz frequency band:


1.. the duplex mode of operation shall be time division duplex (TDD);
2.. the assigned block sizes shall be in multiples of 5 MHz. The lower frequency limit of an assigned block shall be aligned with or spaced at multiples of 5 MHz from the lower band edge of 3 400 MHz;
3.. there shall be spectrum available providing the opportunity to access sufficiently large portions of contiguous spectrum, preferably 80-100 MHz, for wireless broadband electronic communications services;
4.. base stations and terminal stations transmission shall be in compliance with the technical conditions specified in Part C and Part D, respectively.

C. TECHNICAL CONDITIONS FOR BASE STATIONS — BLOCK EDGE MASK 

The following technical parameters for base stations called block edge mask (BEM) are an essential component of conditions necessary to ensure coexistence between neighbouring networks, in the absence of bilateral or multilateral agreements between operators of such neighbouring networks. Less stringent technical parameters, if agreed among the operators of such networks, may also be used.

The BEM consists of several elements given in Table 1. The in-block power limit is applied to a block owned by an operator. The baseline power limit, designed to protect the spectrum of other operators, the transitional region power limit, enabling filter roll-off from the in-block to the baseline power limit, and the restricted baseline power limit applicable to cases of unsynchronised or semi-synchronised operation represent out-of-block elements. The additional baseline power limit is an out-of-band power limit which is used either for the protection of radar operation below 3 400 MHz or for the protection of fixed satellite services (FSS) and fixed services (FS) above 3 800 MHz.

Tables 2 to 7 contain the power limits for the different BEM elements for TDD networks providing wireless broadband (WBB) electronic communications services (ECS). Power limits are provided for synchronised, unsynchronised and semi-synchronised WBB ECS networks.

In Tables 3 and 4, the power level PMax is the maximum carrier power in dBm for the base station in question. PMax is defined and measured as the equivalent isotropically radiated power (e.i.r.p.) per antenna for base stations with non-active antenna systems (non-AAS). For AAS, base stations PMax is defined as the maximum mean carrier power in dBm for the base station and measured as TRP per carrier in a given cell.

In Tables 3, 4, and 7 the power limits are determined relative to a fixed upper limit by means of the formula Min(PMax – A, B), which sets the lower (or stricter) of two values: (1) (PMax – A) expressing the maximum carrier power PMax minus a relative offset A, and (2) the fixed upper limit B.

To obtain a BEM for a specific block, the BEM elements that are defined in Table 1 are combined in the following steps:


1.. in-block power limit is used for the block assigned to the operator;
2.. transitional regions are determined, and corresponding power limits are used;
3.. baseline power limit is used in the case of synchronised WBB ECS networks for spectrum within the band except from the operator's block in question and the corresponding transitional regions;
4.. restricted baseline power limits are used in the case of unsynchronised and semi-synchronised WBB ECS networks;
5.. for spectrum below 3 400 MHz the respective additional baseline power limit is used;
6.. for coexistence with FSS/FS above 3 800 MHz an additional baseline power limit is used.

The Figure below provides an example of the combination of different BEM elements.
 Figure Example of base station BEM elements and power limits 





Table 1Definition of BEM elementsBEM element Definition
In-block Refers to a block for which the BEM is derived.
Baseline Spectrum within 3 400-3 800 MHz used for WBB ECS, with the exception of the block assigned to the operator and the corresponding transitional regions.
Transitional region Spectrum within 0 to 10 MHz below and 0 to 10 MHz above the block assigned to the operator. Transitional regions do not apply to TDD blocks assigned to other operators, unless networks are synchronised. The transitional regions do not apply below 3 400 MHz or above 3 800 MHz.
Additional baseline Spectrum below 3 400 MHz and above 3 800 MHz.
Restricted baseline Spectrum used for WBB ECS by networks unsynchronised or semi-synchronised with the operator's block in question.
Explanatory note to Table 1 
The BEM elements are applicable to base stations with different power levels, typically referred to as macro, micro, pico, and femto base stations.


Table 2In-block power limit for non-AAS and AAS base stationsBEM element Frequency range Power limit for non-AAS and AAS base stations
In-block Block assigned to the operator Not obligatory.
Explanatory note to Table 2 
In the specific case of femto base stations, power control shall be applied to minimize interference to adjacent channels. The requirement on power control for femto base stations results from the need to reduce interference from equipment that may be deployed by consumers and may thus not be coordinated with surrounding networks. Member States wishing to include a limit in their authorisation or to use a limit for coordination purposes may define such limits on a national basis.


Table 3Baseline power limits for non-AAS and AAS base stations with synchronised network operationBEM element Frequency range Non-AAS e.i.r.p limit AAS TRP limit
Baseline Below – 10 MHz offset from lower block edgeAbove 10 MHz offset from upper block edgeWithin 3 400-3 800 MHz Min(PMax – 43, 13) dBm/(5 MHz) per antenna Min(PMax′ – 43, 1) dBm/(5 MHz) per cell



Explanatory note to Table 3 
The applied fixed upper limit (13 dBm/(5 MHz) for non-AAS or 1 dBm/(5 MHz) for AAS) provides an upper bound on the interference from a base station. When two TDD blocks are synchronised, there will be no interference between base stations.


Table 4Transitional region power limits, for non-AAS and AAS base stations with synchronised WBB ECS network operationBEM element Frequency range Non-AAS e.i.r.p limit AAS TRP limit
Transitional region – 5 to 0 MHz offset from lower block edge or0 to 5 MHz offset from upper block edge Min(PMax – 40, 21) dBm/(5 MHz) per antenna Min(PMax′ – 40, 16) dBm/(5 MHz) per cell
Transitional region – 10 to – 5 MHz offset from lower block edge or5 to 10 MHz offset from upper block edge Min(PMax – 43, 15) dBm/(5 MHz) per antenna Min(PMax′ – 43, 12) dBm/(5 MHz) per cell






Table 5Restricted baseline power limits for non-AAS and AAS base stations with unsynchronised and semi-synchronised WBB ECS network operationBEM element Frequency range Non AAS e.i.r.p limit AAS TRP limit
Restricted baseline Unsynchronised and semi synchronised blocks, below the lower block edge and above the upper block edge, within 3 400-3 800 MHz – 34 dBm/(5 MHz) per cell – 43 dBm/(5 MHz) per cell

Explanatory note to Table 5 
These restricted power limits are used for unsynchronised and semi-synchronised operations of base stations, if no geographic separation is available. In addition, depending on national circumstances, Member States may define a relaxed alternative restricted baseline power limit applying to specific implementation cases to ensure a more efficient usage of spectrum.


Table 6Additional baseline power limits for non-AAS and AAS base stationsbelow 3 400 MHz for country-specific cases Case BEM element Frequency range Non-AAS e.i.r.p limit AAS TRP limit
A Member States with military radiolocation systems below 3 400 MHz Additional baseline Below 3 400 MHz – 59 dBm/MHz per antenna – 52 dBm/MHz per cell
B Member States with military radiolocation systems below 3 400 MHz Additional baseline Below 3 400 MHz – 50 dBm/MHz per antenna
C Member States without adjacent band usage or with usage that does not need extra protection Additional baseline Below 3 400 MHz Not applicable Not applicable



Explanatory note to Table 6 
The additional baseline power limits reflect the need for protection of military radiolocation in some countries. Member States may select the limits from case A or B for non AAS depending on the level of protection required for the radar in the region in question. A coordination zone of up to 12 km around fixed terrestrial radars, based on AAS TRP limit of – 52 dBm/MHz per cell, may be required. Such coordination is under responsibility of the relevant Member State.Other mitigation measures like geographical separation, coordination on a case-by-case basis or an additional guard band may be necessary. In case of indoor deployments, Member States may define a relaxed limit applying to specific implementation cases.


Table 7Additional baseline power limits above 3 800 MHz for base stations for coexistence with FSS/FSBEM element Frequency range Non-AAS e.i.r.p limit AAS TRP power limit
Additional baseline 3 800-3 805 MHz Min(PMax – 40, 21) dBm/(5 MHz) per antenna Min(PMax′ – 40, 16) dBm/(5 MHz) per cell
3 805-3 810 MHz Min(PMax – 43, 15) dBm/(5 MHz) per antenna Min(PMax′ – 43, 12) dBm/(5 MHz) per cell
3 810-3 840 MHz Min(PMax – 43, 13) dBm/(5 MHz) per antenna Min(PMax′ – 43, 1) dBm/(5 MHz) per cell
Above 3 840 MHz – 2 dBm/(5 MHz) per antenna – 14 dBm/(5 MHz) per cell



Explanatory note to Table 7 
The additional baseline power limits are applied at the 3 800 MHz band edge to support the coordination process to be carried out at national level.
D. TECHNICAL CONDITIONS FOR TERMINAL STATIONS 



Table 8In-block requirement — terminal station BEM in-block power limitMaximum in-block power 28 dBm TRP
Explanatory note to Table 8 
The inblock radiated power limit for fixed/nomadic terminal stations may exceed the limit in Table 8 provided cross-border obligations are fulfilled. For such terminal stations mitigation measures to protect radar below 3 400 MHz may be necessary, for example, geographical separation or an additional guard band.