BAKGRUNN (fra kommisjonsbeslutningen)

1. Directive (EU) 2018/1972 of the European Parliament and of the Council (‘European Electronic Communications Code') refers to the need for further study of the 40,5‑43,5 GHz frequency band in the context of ensuring increased coordinated availabilities of radio spectrum to achieve very high speed fixed and wireless networks. That Directive also requires Member States to promote the harmonisation of use of radio spectrum by electronic communications networks and services across the Union, inter alia by pursuing wireless broadband coverage of their national territory and population at high quality and speed, as well as coverage of major national and European transport paths.

2. The 40,5‑43,5 GHz (‘42 GHz’) frequency band was harmonised globally for International Mobile Telecommunications (IMT) at the 2019 World Radiocommunication Conference (WRC-19) through amending the Radio Regulations of the International Telecommunication Union’s Radiocommunication Sector (ITU‑R). The relevant amendment to the Radio Regulations stipulates measures to ensure coexistence between IMT systems, including 5G, and Fixed Satellite Service (FSS) as well as the Radio Astronomy Service (RAS) within the 42 GHz frequency band.

3. The Commission’s Communication ‘Connectivity for a Competitive Digital Single Market - Towards a European Gigabit Society’ sets out ambitious connectivity objectives for the Union, which were updated with the Commission Communication ‘2030 Digital Compass: the European way for the Digital Decade’ and further supported by Decision (EU) 2022/2481 establishing the Digital Decade Policy Programme 2030. Those connectivity objectives are to be achieved through the widespread deployment and take-up of very high capacity networks. The Commission’s Communication ‘5G for Europe: An Action Plan’ identifies coordinated actions at Union level, including the identification and harmonisation of radio 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. The RSPG has adopted three opinions on a strategic spectrum roadmap for 5G in Europe, in which, inter alia, it highlighted the need for implementation of frequency bands above 24 GHz to meet the high capacity performance targets of 5G, and identified the 42 GHz frequency band as a priority in terms of studies for second stage mm-wave 5G bands for terrestrial wireless networks in the Union. The RSPG considered the 42 GHz frequency band as a viable option for 5G in the longer term, taking into account the need for a general balance between the provision of terrestrial mobile and satellite services within the 40-50 GHz frequency range.

5. The 42 GHz frequency band provides high capacity allowing for innovative next generation (including 5G) wireless broadband (WBB) electronic communications services (ECS) based on small cells and using large block sizes of at least 200 MHz. The use of that frequency band appears suitable, in this context, for hotspots in urban and suburban areas.

6. While the 42 GHz frequency band is allocated to the Fixed Service (FS) in the Member States of the Union and used for terrestrial fixed wireless connections (‘fixed links’), flexibility of spectrum use is required to ensure coexistence between WBB ECS, including 5G, and fixed links.

7. The 42 GHz frequency band is also used for satellite services across the Member States of the Union. That use comprises the 40,5-42,5 GHz frequency range for space-to-Earth communications and the 42,5‑43,5 GHz frequency range for Earth-to-space communications, thus supporting receiving and transmitting FSS earth stations, respectively. The adjacent 39,5-40,5 GHz frequency band is allocated to both FSS and Mobile Satellite Service (MSS) for space‑to‑Earth communications. The latter frequency band is to be used by both coordinated and uncoordinated receiving satellite earth stations (both FSS and MSS). Therefore, those satellite earth stations should be appropriately protected against interference from terrestrial WBB ECS.

8. The 42,5-43,5 GHz frequency band is further used for systems in the RAS which should be appropriately protected against interference from terrestrial WBB ECS.

9. Next-generation terrestrial systems providing WBB ECS, including 5G, should be deployed within the 42 GHz frequency band under harmonised technical conditions in the Union. Those conditions should safeguard the continued operation and potential future development of systems in the relevant incumbent FS, RAS and FSS within this band. Those conditions should equally ensure that such existing and future systems do not have a significant negative impact on the deployment and coverage of next-generation (5G) terrestrial wireless systems.

10. Pursuant to Article 4(2) of Decision 676/2002/EC, on 14 April 2020, the Commission issued a mandate to the European Conference of Postal and Telecommunications Administrations (CEPT) to develop least restrictive harmonised technical conditions suitable for next-generation (5G) terrestrial wireless systems for priority frequency bands above 24 GHz, including the 42 GHz frequency band.

11. In response to that mandate, on 18 November 2022 the CEPT issued a report (‘CEPT Report 82’) specifying the least restrictive harmonised technical conditions in the 42 GHz frequency band, based on the concept of a Block Edge Mask (BEM), for the introduction of next-generation (5G) terrestrial wireless systems in that band, in compliance with the principles of technology and service neutrality. Those technical conditions are consistent with 5G standardisation developments in particular regarding the channelling arrangements and the use of active antenna systems (AAS), and are therefore conducive to global harmonisation.

12. The harmonised technical conditions in the CEPT Report 82 assume synchronised operation of neighbouring terrestrial WBB ECS systems of different operators and knowledge of the location of the WBB ECS base stations. Unsynchronised or semi-synchronised operation of neighbouring terrestrial WBB ECS systems requires further studies in order to develop relevant harmonised technical conditions but remains possible with geographical separation and may be subject to additional appropriate mitigation measures applicable at national level.

13. The harmonised technical conditions provided in the CEPT Report 82 for the use of the 42 GHz frequency band for terrestrial systems providing WBB ECS are based on the assumption of hotspot deployment and an authorisation regime where the locations of the WBB ECS base stations (transmitters and receivers) are known. Additional measures at national level may be needed for an authorisation regime where the locations of WBB ECS base stations are not known in advance of an installation, in order to ensure appropriate coexistence of those services with other services in this band and in adjacent bands, while still respecting the least restrictive harmonised technical conditions set out in the Annex to this Decision. Such additional measures are provided in Annex 3 to the CEPT Report 82.

14. The CEPT Report 82 also provides guidance for the use of the 42 GHz frequency band for terrestrial WBB ECS (including 5G) in order to ensure protection of FS, FSS and RAS within this band, as well as of FS, FSS and MSS in adjacent bands.

15. Coexistence between terrestrial systems providing WBB ECS (including 5G) and FSS earth stations operating in the 42 GHz frequency band, and in the adjacent 39,5‑40,5 GHz frequency band, can be ensured by applying, where appropriate, technical constraints to the deployment of WBB ECS base stations in a limited geographical area around a satellite earth station. Coexistence measures should be considered between FSS earth stations and WBB ECS base stations where they are near each other, recognising that WBB ECS base stations are expected to be deployed primarily in densely populated areas.

16. In line with Directive 2014/53/EU of the European Parliament and of the Council, compliance of WBB ECS base stations and terminal stations with the out-of-band emissions’ limits below 40,5 GHz and above 43,5 GHz should be based on the assumptions referred to in the CEPT Report 82.

17. In addition, the CEPT has developed technical guidelines to support the introduction of terrestrial systems providing WBB ECS in the 42 GHz frequency band, while allowing in a proportionate way the continued use of FSS receiving and transmitting earth stations in the relevant portions of the 42 GHz frequency band, as well as coexistence with FSS receiving earth stations in the adjacent 39,5‑40,5 GHz frequency band. Those technical guidelines can facilitate coexistence in fulfilling the obligations under this Decision.

18. Coexistence between terrestrial systems providing WBB ECS (including 5G) and satellite receivers in the FSS within the 42 GHz frequency band is currently feasible, subject to technical conditions that address the antenna elevation of the WBB ECS base stations, noting also the applicable provisions of the Radio Regulations of the ITU-R.

19. Coexistence between terrestrial systems providing WBB ECS (including 5G) and fixed links within the 42 GHz frequency band is feasible on a case-by-case basis, subject to coordination at national level between both services, if deployed in the same area and in the same frequency range.

20. Specific measures, such as establishing geographical separation distances and exclusion zones, may be required at national level on a case-by-case basis to ensure the protection of stations in the RAS operating in the 42,5‑43,5 GHz frequency band.

21. Cross-border frequency coordination agreements among Member States as well as between Member States and third countries may be necessary to avoid harmful interference and to improve spectrum efficiency and convergence in spectrum use, in compliance with Article 28 of Directive (EU) 2018/1972.

22. The need to ensure that citizens are not exposed to electromagnetic fields at a level harmful to public health is imperative. Member States should pursue consistency across the Union to address this issue, having particular regard to the precautionary approach taken in Recommendation 1999/519/EC, in order to work towards ensuring more consistent deployment conditions.

23. Member States should take up the 42 GHz frequency band for next-generation terrestrial (5G) wireless broadband electronic communications services based on legally binding harmonised technical conditions in accordance with the CEPT Report 82 and in line with the Union's policy objectives.

24. The notion of ‘designating and making available’ the 42 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. Subsequent to this, Member States should allow the use of the 42 GHz frequency band pursuant to Directive (EU) 2018/1972, in particular, Article 53 thereof .

25. Pursuant to Article 4(3) of Decision 676/2002/EC, the Commission should set a deadline to the Member States for the implementation of this Decision. Besides, following the obligation laid down in Article 7 of Decision 676/2002/EC, Member States should provide the Commission with all information necessary for the purpose of verifying the implementation of this Decision. This should apply in particular as regards the gradual introduction and development of terrestrial 5G services in the 42 GHz frequency band and any coexistence issues, to help the timely review and the assessment of its impact at Union level. Such review should also address the suitability of the technical conditions to ensure adequate protection of other services, taking into account the development of terrestrial systems providing WBB ECS, including 5G.

26. The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,