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.
Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1427 - 1517 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)
Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1427 - 1517 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)
Article 1
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:
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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;
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shall ensure that such spectrum portion primarily constitutes together with the 1 452-1 492 MHz frequency band a contiguous frequency band;
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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.