# Commission Implementing Decision (EU) 2020/636 of 8 May 2020 amending Decision 2008/477/EC as regards an update of relevant technical conditions applicable to the 2 500–2 690 MHz frequency band (notified under document C(2020) 2831) (Text with EEA relevance), Introduction: Introductory text

Extent: E+W+S+N.I.

Commission Implementing Decision (EU) 2020/636
of 8 May 2020
amending Decision 2008/477/EC as regards an update of relevant technical conditions applicable to the 2 500–2 690 MHz frequency band
(notified under document C(2020) 2831)
(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)
Commission Decision 2008/477/EC harmonises the technical conditions for using the 2 500–2 690 MHz frequency band (‘2,6 GHz frequency band’) for terrestrial systems capable of providing electronic communications services (ECSs) in the Union, mainly targeting wireless broadband services for end-users.
(2)
Article 6(3) of Decision No 243/2012/EU of the European Parliament and the Council, requires Member States to help ECS providers 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..
(3)
Commission’s Communication on 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 that end, the Commission’s Communication 5G for Europe: an action plan identifies a need for action at Union level, including the identification and harmonisation of spectrum for 5G on the basis of the opinion of the Radio Spectrum Policy Group (RSPG), in order to ensure uninterrupted 5G coverage in all urban areas and major terrestrial transport paths by 2025.
(4)
In its two opinions on the strategic roadmap towards 5G for Europe (16 November 2016 and 30 January 2019), the RSPG identified a need to ensure that the technical and regulatory conditions for all bands already harmonised for mobile networks are fit for 5G use. The 2,6 GHz frequency band is one such band, currently in use in the Union mainly for the fourth generation of wireless broadband systems (i.e. Long Term Evolution, LTE).
(5)
On 12 July 2018, pursuant to Article 4(2) of Decision No 676/2002/EC, the Commission mandated the European Conference of Postal and Telecommunications Administrations (CEPT) to review the harmonised technical conditions for certain EU-harmonised frequency bands, including the 2,6 GHz frequency band, and to develop least restrictive harmonised technical conditions suitable for next-generation (5G) terrestrial wireless systems.
(6)
On 5 July 2019 the CEPT issued a report (CEPT report 72) reviewing, inter alia, EU-harmonised technical conditions in the 2,6 GHz frequency band based on the concept of a block edge mask (BEM), in the context of the introduction of next-generation (5G) terrestrial wireless systems in that band. In particular, the report sets out harmonised technical conditions for non-active and active antenna systems (non-AASs and AASs), which are used in systems capable of providing wireless broadband electronic communications services (WBB ECSs) under synchronized and unsynchronised operations. It also provides for the coexistence of AAS and non-AAS WBB ECSs and WBB ECSs based on frequency division duplex (FDD) and time division duplex (TDD) within the band. It also addresses the coexistence of WBB ECSs within the band and other services in the adjacent frequency bands.
(7)
CEPT report 72 notes very limited unpaired use (either TDD or Supplemental Downlink, SDL) outside the 2 570–2 620 MHz sub-band, stressing that such use should be subject to further harmonisation and coordinated timing at EU level, due to the risk of interference at national borders. In order to eliminate that risk, the flexibility of unpaired use outside that sub-band, as provided by the EU harmonised channelling arrangement for the 2,6 GHz frequency band, should be avoided. Member States may choose synchronised, semi-synchronised or unsynchronised TDD network operations in the 2 570–2 620 MHz sub-band and ensure an efficient use of spectrum, taking into account Electronic Communications Committee (ECC) reports 296 and 308 regarding synchronisation.
(8)
The conclusions of the CEPT report 72 should be applied across the Union and implemented by the Member States without delay, except in duly justified cases. This will foster the availability and use of the 2,6 GHz frequency band for 5G deployment, while upholding the principles of technology and service neutrality.
(9)
The notion of ‘designating and making available’ the 2,6 GHz frequency band in the context of this Decision refers to the following steps: (i) the adaptation of the national legal framework on frequency allocation to include the intended use of this band under the harmonised technical conditions set in this Decision; (ii) the initiation of all necessary measures in order to ensure coexistence with existing use in this band to the extent necessary; (iii) the initiation of the appropriate measures, supported by the launch of a stakeholder consultation process where appropriate, in order to allow the use of this band in accordance with the applicable legal framework at Union level, including the harmonised technical conditions of this Decision.
(10)
Cross-border agreements between Member States and with non-EU countries 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.
(11)
Decision 2008/477/EC should therefore be amended accordingly.
(12)
The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:

---
Source: https://www.legislation.gov.uk/eudn/2020/636/introduction (the official version)
Page: https://openlegislation.uk/eu-decision-2020-636/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.