
COMMISSION IMPLEMENTING DECISION (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1 427-1 517 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union (notified under document C(2015) 3061) (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), and in particular Article 4(3) thereof,
Whereas:

(1) The International Telecommunication Union's Radio Regulations allocate the 1 452-1 492 MHz frequency band to the fixed, mobile (except aeronautical mobile), broadcasting and broadcasting satellite service on a co-primary basis in Region 1, which comprises the Union. They limit use of the band by the broadcasting service and the broadcasting satellite service to digital audio broadcasting (DAB).

(2) The Maastricht special arrangement of 2002, as revised in 2007, provides the technical and regulatory framework for the deployment of terrestrial DAB (T-DAB) in the 1 452-1 479,5 MHz band in signatory countries including all Member States. It also sets out procedures for cross-border coordination between T-DAB and wireless broadband electronic communications services.

(3) Decision No 243/2012/EU of the European Parliament and of the Council establishes a multiannual radio spectrum policy programme (RSPP) which sets the target of identifying at least 1 200 MHz of spectrum suitable for wireless broadband in the Union by 2015, including spectrum already in use, on the basis of the spectrum inventory.

(4) The 1 452-1 492 MHz band has been designated for broadcasting use in Member States, but its use has been quite limited. The Commission's Report on the RSPP spectrum inventory concludes that it is underutilised in the Union and should be repurposed for wireless broadband electronic communications services in line with the RSPP spectrum target. However, existing terrestrial broadcasting systems should be protected in the long term, including in the event that their authorisations are renewed.

(5) In its opinion on strategic challenges facing Europe in addressing the growing spectrum for wireless broadband, the Radio Spectrum Policy Group recommended that the Commission consider adopting complementary measures further to promote the use of the 1 452-1 492 MHz band for supplemental downlink, while still allowing Member States to use part of this band for other uses, such as broadcasting.

(6) On 19 March 2014, pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission gave the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate to develop harmonised technical conditions in the 1 452-1 492 MHz band for wireless broadband electronic communications services in the Union.

(7) On 28 November 2014, in response to that mandate, CEPT issued CEPT Report 54 proposing harmonisation of the 1 452-1 492 MHz band for wireless broadband supplemental downlink use, while allowing Member States to adapt to national circumstances in parts of the band (such as 1 452-1 479,5 MHz) for terrestrial broadcasting. Supplemental downlink is downlink-only use whereby spectrum within the band is used for unidirectional base station transmission providing electronic communications services, in combination with use of spectrum in another frequency band.

(8) Harmonised downlink-only use of the 1 452-1 492 MHz band for wireless broadband electronic communications services is important in addressing data traffic asymmetry by enhancing the downlink capability of a wireless broadband system. Taking also into account the principles of technology and service neutrality, it also facilitates coexistence with already existing terrestrial broadcasting services in the same band, which may not comply with the technical conditions set out by this Decision. Member States should therefore allocate the band on a non-exclusive basis to all types of electronic communications services and ensure the coexistence of the services according to national circumstances and in line with international agreements.

(9) The provision of wireless broadband electronic communications services in the 1 452-1 492 MHz band should be based on harmonised channelling arrangement and common minimal (least restrictive) technical conditions to foster the single market, mitigate harmful interference and ensure frequency coordination.

(10) Common technical conditions and principles are necessary to ensure coexistence, as appropriate protection, between wireless broadband electronic communications services and T-DAB within the 1 452-1 492 MHz band, and between such services in the band and other uses in adjacent bands, including tactical radio relays, coordinated fixed links and aeronautical telemetry. There is a potential need for additional national measures to ensure coexistence with uses in adjacent bands, such as uncoordinated fixed links.

(11) Cross-border agreements between administrations may be necessary to ensure implementation of the parameters set by this Decision so as to avoid harmful interference and improve spectrum efficiency and convergence in spectrum use. CEPT Report 54 sets out technical conditions and principles for cross-border coordination between wireless broadband electronic communications services and T-DAB and aeronautical telemetry services in the 1 452-1 492 MHz band, including at the borders of the Union.

(12) The use of the 1 452-1 492 MHz band by other applications in third countries, subject to international agreements, may limit its introduction and use by wireless broadband electronic communications services in some Member States. Such Member States should take all necessary steps in order to minimise the duration and geographical extent of these limitations as soon as possible and should seek the assistance of the Union, where necessary, under Article 10(2) of the RSPP. They should notify the Commission of such limitations pursuant to Article 6(2) and Article 7, and the information should be published in accordance with Article 5, of the Radio Spectrum Decision.

(13) Therefore, the measures provided in this Decision should be applied across the Union and implemented by Member States in order to ensure take-up of the 1 452-1 492 MHz band for wireless broadband electronic communications services in line with the RSPP spectrum target. Member States should report to the Commission on the implementation of the Decision and the use of the band in order to facilitate an assessment of its impact at EU level as well as its timely review, when necessary.

(14) 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 is aimed at harmonising the conditions for the availability and efficient use of the 1 427-1 517 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union.
Article 2 

1. No later than six months after the date of notification of this Decision, Member States shall designate and make available, on a non-exclusive basis, the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in compliance with the parameters set out in the Annex.
2. No later than 1 October 2018, Member States shall designate and make available, on a non-exclusive basis, the 1 427-1 452 MHz and the 1 492-1 517 MHz frequency bands, or a portion thereof, for terrestrial systems capable of providing wireless broadband electronic communications services, in compliance with the parameters set out in the Annex.
3. If they designate and make available only a portion of the 1 427-1 452 MHz or of the 1 492-1 517 MHz frequency bands in accordance with paragraph 2, Member States:
(a) shall ensure that any existing use is maintained to the extent strictly necessary, and with the aim to progressively make these bands available for terrestrial systems capable of providing wireless broadband electronic communications services;
(b) shall ensure that such spectrum portion primarily constitutes together with the 1 452-1 492 MHz frequency band a contiguous frequency band;
(c) may allow, up to 1 January 2023, and longer if no national demand has been identified for wireless broadband electronic communications services in accordance with Articles 3 and 6 of Decision No 243/2012/EU, the use of part of these bands for the continued operation of existing terrestrial fixed wireless services or of other existing use, which cannot share the use of these bands with wireless broadband electronic communications services.
4. Member States shall ensure that the terrestrial systems referred to in this Article give appropriate protection to systems in adjacent bands.
5. Member States shall facilitate cross-border coordination agreements so as to enable operation of systems referred to in paragraph 1, 2 and 3, taking into account existing regulatory procedures and rights, and relevant international agreements.
Article 2a 
Member States shall review the application of Article 2 on a biennial basis, in order to ensure maximum availability of the 1 427-1 517 MHz frequency band for wireless broadband electronic communications services.
Article 3 
Member States shall not be bound by the obligations under Article 2 in geographical areas where coordination with third countries makes it necessary for them to deviate from the parameters set out in the Annex. They shall aim to minimise the duration and geographical scope of such deviation.
Article 4 
Member States shall monitor the use of the 1 427-1 517 MHz frequency band and report their findings to the Commission upon request or at their own initiative in order to allow timely review of this Decision, where necessary.
Article 4a 
Member States shall report to the Commission on the application of this Decision, including the extent of availability of the 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands, on 1 November 2018 at the latest.
Article 5 
This Decision is addressed to the Member States.
ANNEX
PARAMETERS REFERRED TO IN ARTICLE 2(1) AND 2(2)
A. GENERAL PARAMETERS 
 1. The mode of operation within the 1 427-1 517 MHz frequency band shall be limited to base station (‘downlink-only’) transmission.
 2. Block sizes within the 1 427-1 517 MHz frequency band shall be assigned 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 1 427 MHz.
 3. Base station transmission shall comply with the technical conditions (block edge masks) set out in this annex.

B. TECHNICAL CONDITIONS FOR BASE STATIONS — BLOCK EDGE MASK 

The following technical parameters for base stations called ‘block edge mask’ (BEM) shall be used in order 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 or administrations concerned, may also be used provided that these parameters comply with the technical conditions applicable for the protection of other services or applications, including in adjacent bands or subject to cross-border obligations.

The BEM is an emission mask that is defined as a function of frequency in relation 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 power limits. The in-block power limit is applied to a block owned by an operator. The out-of-block power limits are applied to spectrum used for WBB ECS within the 1 427-1 517 MHz frequency band which is outside a block granted to an operator. They are set out in Table 2. The out-of-band power limits are applied to spectrum outside the portion of the 1 427-1 517 MHz frequency band, which is used for WBB ECS at national level.

Furthermore, coexistence power limits are defined for wireless broadband electronic communications services (WBB ECS) within the 1 427-1 517 MHz band in order to ensure compatibility between these services and other radio services or applications, including when a portion of the 1 427-1 452 MHz and the 1 492-1 517 MHz bands is not designated for WBB ECS. The co-existence power limits with regard to services or applications in the adjacent bands (i.e. outside the spectrum used for WBB ECS) are set out in Table 3, 4, and 5 and also cater for national flexibility in assigning spectrum for WBB ECS within the 1 427-1 517 MHz frequency band pursuant to this Decision.

Additional technical or procedural measures or both may be applied at national level to ensure coexistence with services and applications in the adjacent bands.
In-block requirements 

An in-block equivalent isotropically radiated power (EIRP) limit for base stations is not obligatory except for the 1 512-1 517 MHz frequency block, for which such a limit is given in Table 1. For frequency blocks other than the 1 512-1 517 MHz frequency block, Member States may set an EIRP limit not exceeding 68 dBm/5 MHz which can be increased for specific deployments, for example for the aggregated use of spectrum within the 1 427-1 512 MHz band and spectrum in lower frequency bands.



Table 1Maximum in-block EIRP per cellfor WBB ECS base stations operating in the 1 512-1 517 MHzFrequency block Maximum in-block EIRP Measurement bandwidth
1 512-1 517 MHz 58 dBm 5 MHz

Explanatory note to Table 1 
These requirements are intended to ensure compatibility between WBB ECS operating in the 1 512-1 517 MHz frequency block and mobile satellite services operating in the 1 518-1 525 MHz frequency band.Out-of-block requirements 



Table 2Base station BEM out-of-block EIRP limits per antenna within the 1 427-1 517 MHz frequency bandFrequency range of out-of-block emissions Maximum mean out-of-block EIRP Measurement bandwidth
– 10 to – 5 MHz from lower block edge 11 dBm 5 MHz
– 5 to 0 MHz from lower block edge 16,3 dBm 5 MHz
0 to + 5 MHz from upper block edge 16,3 dBm 5 MHz
+ 5 to + 10 MHz from upper block edge 11 dBm 5 MHz
Frequencies within the 1 427-1 517 MHz band spaced more than 10 MHz from the lower or upper block edge 9 dBm 5 MHz
Coexistence requirements for adjacent bands 



Table 3Base station unwanted emission power limits in the 1 400-1 427 MHz frequency band for base stations operating in the 1 427-1 452 MHz frequency bandFrequency range of out-of-band emissions Maximum unwanted emission power level Measurement bandwidth
1 400-1 427 MHz – 72 dBW 27 MHz

Explanatory note to Table 3 
This requirement is intended to protect radio astronomy and passive earth exploration satellite services in the 1 400-1 427 MHz passive frequency band from WBB ECS operating in the 1 427-1 452 MHz frequency band, including when only a portion of this frequency band is assigned for WBB ECS. Further national measures may be needed to improve protection of radio astronomy observations in passive frequency band 1 400-1 427 MHz from WBB ECS.


Table 4Base station out-of-band EIRP limits per cellin the 1 518-1 559 MHz frequency range for base stations operating in 1 492-1 517 MHz frequency bandFrequency range of out-of-band emissions Maximum out-of-band EIRP Measurement bandwidth
1 518 - 1 520 MHz – 0,8 dBm 1 MHz
1 520 - 1 559 MHz – 30 dBm 1 MHz

Explanatory note to Table 4 
These requirements are intended to provide appropriate protection of mobile satellite services operating in the 1 518-1 559 MHz frequency band, in particular at sea ports, airports and search and rescue ground stations of the mobile satellite service, from WBB ECS operating in the 1 492-1 517 MHz frequency band, including when only a portion of this frequency band is assigned for WBB ECS. Further national measures may be needed to improve protection of mobile satellite services in the band 1 518-1 559 MHz.


Table 5Base station out-of-band EIRP limits per cell below 1 452 MHz and above 1 492 MHz for base stations operating in the 1 452-1 492 MHz frequency bandFrequency range of out-of-band emissions Maximum mean out-of-band EIRP Measurement bandwidth
Below 1 449 MHz – 20 dBm 1 MHz
1 449-1 452 MHz 14 dBm 3 MHz
1 492-1 495 MHz 14 dBm 3 MHz
Above 1 495 MHz – 20 dBm 1 MHz
Explanatory note to Table 5 
These requirements are applicable when WBB ECS are not deployed either below 1 452 MHz or above 1 492 MHz, or both. They are intended to ensure compatibility of WBB ECS within the 1 452-1 492 MHz frequency band with coordinated fixed links, mobile services and aeronautical telemetry services limited to ground stations, deployed in adjacent frequency bands below 1 452 MHz or above 1 492 MHz.When WBB ECS are deployed within the blocks immediately below 1 452 MHz, the limits indicated in Table 5 for frequencies below 1 452 MHz are not applicable. When WBB ECS are deployed within the blocks immediately above 1 492 MHz, the limits indicated in Table 5 for frequencies above 1 492 MHz are not applicable. This is without prejudice to the out-of-band requirements laid down in Tables 3 and 4 and to the out-of-block requirements laid down in Table 2.