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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)note, and in particular Article 4(3) thereof,Whereas:
(1)On 21 April 2021, pursuant to Article 4(2) of Decision No 676/2002/EC of the European Parliament and of the Council, the Commission issued a mandate to the European Conference of Postal and Telecommunications Administrations (‘CEPT’) to review by July 2024 the limit of out-of-band (‘OOB’) emissions below 5935 MHz applicable to Very Low Power (‘VLP’) WAS/RLAN devices using the 5945–6425 MHz band, based on, in particular, the study of possible mitigation techniques for the protection of urban rail intelligent transport systems (ITS), with the view to relaxing the limit to – 37 dBm/MHz. This was justified by the need to ensure transport safety and the coexistence of such devices with the ITS, including communication based train control (CBTC), which use spectrum in parts of the 5905–5935 MHz frequency band.
(2)Commission Implementing Decision (EU) 2021/1067note harmonises the 5945–6425 MHz band for wireless access systems including radio local area networks. Table 2 of the Annex to that Decision sets, for VLP WAS/RLAN devices, the limit of maximum mean equivalent isotropically radiated power (e.i.r.p.) density for OOB emissions below 5935 MHz at – 45 dBm/MHz until 31 December 2025. Moreover, Note 3 of that Table provides that the replacement of that limit with the limit – 37 dBm/MHz is to be decided by 31 December 2025.
(3)In response to the mandate referred to in recital 1, on 20 November 2024, the CEPT submitted Report 087 regarding the review of the limit of OOB emissions below 5935 MHz applicable to VLP WAS/RLAN devices. The proposals in the report include the relaxation of this limit to – 37 dBm/MHz, under certain technical conditions.
(4)VLP WAS/RLAN devices using the frequency band below 6105 MHz may use a Transmit Power Control (‘TPC’) mechanism.
(5)Implementing Decision (EU) 2021/1067 should be amended, because the report effectively completed the review by the CEPT of technical conditions for VLP WAS/RLAN devices with regard to the limit – 45 dBm/MHz of maximum mean e.i.r.p. density for OOB emissions below 5935 MHz, pursuant to the mandate referred to in recital 1. The changes in the Annex include the relaxation of this limit to – 37 dBm/MHz under technical conditions described therein.
(6)Because Low Power Indoor (‘LPI’) WAS/RLAN devices for broadband connection onboard trains and aircraft typically use distributed antenna systems to provide good and evenly spread coverage in the passenger carriage, the report is proposing to update the regulatory framework in order to clarify the use of distributed antenna system in these use cases.
(7)Because the specific review pursuant to the mandate referred to in recital 1 is now completed, Article 4 should be replaced by a standard review clause.
(8)Implementing Decision (EU) 2021/1067 should therefore be amended accordingly.
(9)The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:
Article 1#
Implementing Decision (EU) 2021/1067 is amended as follows:
(1)Article 4 is replaced by the following:‘Article 4Member States shall monitor the evolution of standards and technology in relation to the use of the 5945–6425 MHz frequency band for WAS/RLANs and report their findings to the Commission at the latter’s request or on their own initiative in order to allow for a timely review of this Decision.’;
(2)the Annex is replaced by the text set out in the Annex to this Decision.
‘’
Harmonised technical conditions for WAS/RLANs in the 5945–6425 MHz frequency band
| Parameter | Technical conditions |
|---|---|
| Permissible operation | Restricted to indoor use, including in trains with metal-coated windows (note 1) and aircraft.Outdoor use, including in road vehicles, is not permitted. |
| Category of device | An LPI access point or bridge that is supplied with power from a wired connection has an integrated antenna (note 2) and is not battery powered.An LPI client device that is connected to an LPI access point or another LPI client device and may or may not be battery powered. |
| Frequency band | 5945–6425 MHz |
| Maximum mean equivalent isotropically radiated power (‘e.i.r.p.’) for in-band emissions (note 3) | 23 dBm |
| Maximum mean e.i.r.p. density for in-band emissions (note 3) | 10 dBm/MHz |
| Maximum mean e.i.r.p. density for out-of-band emissions below 5935 MHz (note 3) | – 22 dBm/MHz |
Techniques to access spectrum and mitigate interference that provide an appropriate level of performance to comply with the essential requirements of Directive 2014/53/EU of the European Parliament and of the Councilnote shall be used. Where relevant techniques are described in harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Directive 2014/53/EU, performance at least equivalent to the performance level associated with those techniques shall be ensured.
| Parameter | Technical conditions |
|---|---|
| Permissible operation | Indoors and outdoors.Use on Unmanned Aircraft Systems (UAS) is not permitted. |
| Category of device | The VLP device is a portable device. |
| Frequency band | 5945–6425 MHz |
| Maximum mean e.i.r.p. for in-band emissions (note 1) | 14 dBm |
| Maximum mean e.i.r.p. density for in-band emissions (note 1) | 1 dBm/MHz |
| Narrowband usage maximum mean e.i.r.p. density for in-band emissions (note 1) (note 2) | 10 dBm/MHz |
| Maximum mean e.i.r.p. density for out-of-band emissions below 5935 MHz (note 1) | – 37 dBm/MHz (note 3) |
Techniques to access spectrum and mitigate interference that provide an appropriate level of performance to comply with the essential requirements of Directive 2014/53/EU shall be used. Where relevant techniques are described in harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Directive 2014/53/EU, performance at least equivalent to the performance level associated with those techniques shall be ensured.
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