Implementing decision 2019/235 - Amending Decision 2008/411/EC as regards an update of relevant technical conditions applicable to the 3400-3800 MHz frequency band (notified under document C(2019) 262) - Main contents
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official 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 3400-3800 MHz frequency band (notified under document C(2019) 262) (Text with EEA relevance.)| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2019/235 |
| CELEX number i | 32019D0235 |
| Document | 24-01-2019; Date of adoption |
|---|---|
| Publication in Official Journal | 08-02-2019; OJ L 37 p. 135-143 |
| Effect | 26-01-2019; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 26-01-2019 |
8.2.2019 |
EN |
Official Journal of the European Union |
L 37/135 |
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)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (1),
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) (2), and in particular Article 4(3) thereof,
Whereas:
(1) |
Commission Decision 2008/411/EC (3) 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 (4). |
(2) |
Article 6(3) of Decision No 243/2012/EU of the European Parliament and the Council (5) 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. |
(3) |
The Commission's Communication ‘Connectivity for a Competitive Digital Single Market — Towards a European Gigabit Society’ (6) 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’ (7) 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. |
(4) |
In its ‘Strategic roadmap towards 5G for Europe: Opinion on spectrum related aspects for next-generation wireless systems (5G)’ (8), 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. |
(5) |
In its complementary opinion ‘Strategic roadmap towards 5G for Europe: RSPG second opinion on 5G networks’ (9), 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. |
(6) |
The 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. |
(7) |
In 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... |
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