{
  "url": "https://openlegislation.uk/eu-decision-2019-235/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2019-235/introduction.json",
  "legislation": "eudn/2019/235",
  "legislation_title": "Commission Implementing Decision (EU) 2019/235 of 24 January 2019 on amending Decision 2008/411/EC as regards an update of relevant technical conditions applicable to the 3 400-3 800 MHz frequency band (notified under document C(2019) 262) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-235",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2019/235\nof 24 January 2019\non amending Decision 2008/411/EC as regards an update of relevant technical conditions applicable to the 3 400-3 800 MHz frequency band\n(notified under document C(2019) 262)\n(Text with EEA relevance)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code,\nHaving 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,\nWhereas:\n(1)\nCommission Decision 2008/411/EC harmonises the technical conditions for using the spectrum in the 3 400-3 800 MHz frequency band for the terrestrial provision of electronic communications services in the Community and was amended by Commission Implementing Decision 2014/276/EU.\n(2)\nArticle 6(3) of Decision No 243/2012/EU of the European Parliament and the Council establishing a multiannual radio spectrum policy programme, requires Member States to help providers of electronic communication services regularly upgrade their networks to the latest, most efficient technology, in order to create their own spectrum dividends in line with the principles of service and technological neutrality. Initial commercial deployments around the world of next-generation (5G) terrestrial systems are expected as of 2020.\n(3)\nThe Commission's Communication ‘Connectivity for a Competitive Digital Single Market — Towards a European Gigabit Society’ sets out new connectivity objectives for the Union to be achieved through the widespread deployment and take-up of very high capacity networks. To this end, the Commission's Communication ‘5G for Europe: An Action Plan’ identifies the need for action at the EU level, including the identification and harmonisation of spectrum for 5G based on the opinion of the Radio Spectrum Policy Group (RSPG), in order to ensure the objective of uninterrupted 5G coverage in all urban areas and major terrestrial transport paths by 2025.\n(4)\nIn its ‘Strategic roadmap towards 5G for Europe: Opinion on spectrum related aspects for next-generation wireless systems (5G)’, the Radio Spectrum Policy Group (RSPG) identifies the 3 400-3 800 MHz frequency band as the primary pioneer band for 5G use in the Union.\n(5)\nIn its complementary opinion ‘Strategic roadmap towards 5G for Europe: RSPG second opinion on 5G networks’, the RSPG acknowledges that the availability of the primary 5G band, 3 400-3 800 MHz, will be key for the success of 5G in the Union. It therefore urges Member States to consider appropriate measures to defragment this band in time to authorise sufficiently large blocks of spectrum by 2020.\n(6)\nThe European Electronic Communications Code requires Member States to allow the use of 3 400-3 800 MHz band for terrestrial systems capable of providing next generation (5G) wireless broadband electronic communication services by 31 December 2020. It also requires Member States to take all appropriate measures to facilitate the roll-out of 5G, including reorganising the 3 400-3 800 MHz band to allow sufficiently large blocks of spectrum. Therefore, to enable the roll-out of 5G, a timely amendment of the harmonised technical conditions is necessary.\n(7)\nIn December 2016, pursuant to Article 4(2) of Decision No 676/2002/EC, the Commission gave the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate to develop harmonised technical conditions for spectrum use in support of the introduction of next-generation (5G) terrestrial wireless systems in the frequency bands 3 400-3 800 MHz and 24,25-27,5 GHz in the Union.\n(8)\nIn response to that mandate, on 9 July 2018 the CEPT issued a report (CEPT Report 67) on the technical conditions for spectrum harmonisation in support of the introduction of next generation (5G) terrestrial wireless systems in the 3 400-3 800 MHz frequency band. CEPT Report 67 provides harmonised technical conditions for both non-active antenna systems (non-AAS) and active antenna systems (AAS), which are terrestrial wireless systems capable of providing wireless broadband electronic communications services under synchronised, semi-synchronized and unsynchronised operations. It also calls for the co-existence of wireless broadband electronic communications services with services in adjacent bands (below 3 400 MHz and above 3 800 MHz).\n(9)\nThe results of CEPT Report 67 should be applied across the Union and implemented by the Member States without delay. This will foster the use of the entire 3 400-3 800 MHz frequency band with the aim of putting the Union at the forefront of 5G deployment. When applying this implementing Decision, Member States should choose their preferred next generation (5G) terrestrial wireless systems based on either synchronised, semi-synchronised and unsynchronised network operations and ensure an efficient use of spectrum. Member States should also take into account the results of the ECC Report 296 on synchronisation.\n(10)\nTaking into account Article 54 of the European Electronic Communications Code, Member States should aim at ensuring a defragmentation of the 3 400-3 800 MHz frequency band so as to provide opportunities to access large portions of contiguous spectrum in line with the goal of gigabit connectivity. This includes facilitating trading and/or leasing of existing rights of use. Large contiguous spectrum portions of preferably 80-100 MHz facilitate the efficient deployment of 5G wireless broadband services, for example using Active Antenna Systems (AAS), with high throughput, high reliability and low latency in line with the policy objective of gigabit connectivity. This objective is of particular importance for a defragmentation.\n(11)\nThe legal framework for using the 3 400-3 800 MHz frequency band set out by Decision 2008/411/EC should remain unchanged in terms of ensuring continued protection of existing services, other than terrestrial electronic communications networks, within the band. In particular, if retained in the band, earth stations in the fixed satellite service (FSS, space-to-earth) should be given continued protection through appropriate coordination between those systems and wireless broadband networks managed at national level on a case-by-case basis.\n(12)\nCEPT's Electronic Communications Committee (ECC) has issued the ECC Report 254, which provides guidance to Member States on the coexistence between wireless broadband electronic communication services, fixed services (FS) and FSS in the 3 600-3 800 MHz frequency band. Further guidance to operators and administrations for the operation of 4G and 5G networks in the same or in adjacent channels, while ensuring an efficient use of spectrum with a view to network synchronisation, are provided in ECC report 296.\n(13)\nCross-border agreements may be necessary to ensure that Member States implement the parameters set by this Decision, thus avoiding harmful interference and improving spectrum efficiency and non-fragmentation in spectrum use.\n(14)\nDecision 2008/411/EC should therefore be amended accordingly.\n(15)\nThe measures provided for this Decision are in accordance with the opinion of the Radio Spectrum Committee,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 321, 17.12.2018, p. 36."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 108, 24.4.2002, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Commission Decision 2008/411/EC 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 (OJ L 144, 4.6.2008, p. 77)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Commission Implementing Decision 2014/276/EU of 2 May 2014 on amending Decision 2008/411/EC on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 139, 14.5.2014, p. 18)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Connectivity for a Competitive Digital Single Market — Towards a European Gigabit Society’ COM(2016) 587 final."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions ‘5G for Europe: An Action Plan’, COM(2016) 588 final."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Document RSPG16-032 final of 9 November 2016, ‘Strategic roadmap towards 5G for Europe: Opinion on spectrum related aspects for next-generation wireless systems (5G)’."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Document RSPG18-05 final of 30 January 2018, ‘Strategic roadmap towards 5G for Europe: second opinion on 5G networks’."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2019/235/introduction",
    "retrieved_at": "2026-11-01T15:12:50.177130+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}