Commission Decision

of 11 July 2005

on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANs)

(notified under document number C(2005) 2467)

(Text with EEA relevance)

(2005/513/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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) [1], and in particular Article 4(3) thereof,

Whereas:

(1) Commission recommendation 2003/203/EC of 20 March 2003 on the harmonisation of the provision of public R-LAN access to public electronic communications networks and services in the Community [2] recommended Member States to allow the provision of public R-LAN access to public electronic communications networks and services in the available 5 GHz band.

(2) It also considered that further harmonisation in particular of the 5 GHz band would be necessary in the framework of Decision No 676/2002/EC to ensure that the band be available for R-LAN in all Member States and to alleviate the growing overloading of the 2,4 GHz band designated for R-LAN by Decision (01)07 of the European Radiocommunications Committee [3].

(3) The relevant parts of the 5 GHz band have been allocated to the mobile service, except aeronautical mobile service, on a primary basis, in all three Regions of the International Telecommunication Union (ITU) by the World Radiocommunication Conference 2003 (WRC-03), taking into account the need to protect other primary services in these frequency bands.

(4) WRC-03 adopted ITU-R Resolution 229 on the "Use of the bands 5150-5250, 5250-5350 MHz and 5470-5725 MHz by the mobile service for the implementation of wireless access systems including radio local area networks" which was an incentive for further European harmonisation to allow R-LAN systems to rapidly access the European Union.

(5) With a view to such harmonisation, a mandate [4] was issued on 23 December 2003 by the Commission to the European Conference of Postal and Telecommunications Administrations (CEPT), pursuant to Article 4(2) of Decision No 676/2002/EC, to harmonise radio spectrum in the 5 GHz band for use by RLANs.

(6) As a result of that mandate, the CEPT, through its Electronic Communications Committee, has defined in its report [5] of 12 November 2004 and in its Decision ECC/DEC(04)08 of 12 November 2004 specific technical and operational conditions for the use of specific frequencies in the 5 GHz band, which are acceptable to the Commission and the Radio Spectrum Committee and should be made applicable in the Community in order to ensure the development of WAS/RLANs on a harmonised basis in the Community.

(7) WAS/RLAN equipment must fulfil the requirements of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity [6]. Article 3.2 of this Directive obliges manufacturers to ensure that equipment does not cause harmful interference to other users of the spectrum.

(8) In several Member States, there is an essential need for the operation of military and meteorological radars in the bands between 5250 and 5850 MHz which requires specific protection against harmful interference by WAS/RLAN.

(9) There also is a need to specify appropriate equivalent isotropic radiated power limits and operational restrictions, such as indoor use restrictions, for WAS/RLANs in particular in the frequency band 5150-5350 MHz in order to protect systems in the Earth exploration-satellite service (active), space research service (active) and mobile-satellite service feeder links.

(10) As specified in the CEPT report sharing between the radars in the radiodetermination service and WAS/RLANs in the frequency bands 5250-5350 MHz and 5470-5725 MHz is only feasible with the application of power limits and mitigation techniques that ensure that WAS/RLANs do not interfere with radar applications/systems. Transmitter Power Control (TPC) and Dynamic Frequency Selection (DFS) have therefore been included in the harmonised standard EN 301 893 [7] developed by the European Telecommunications Standards Institute (ETSI) to provide presumption of conformity for WAS/RLAN equipment with Directive 1999/5/EC. Transmitter power control (TPC)