2008/411/EC: Commission Decision of 21 May 2008 on the harmonisation of the 3400 - 3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (notified under document number C(2008) 1873) (Text with EEA relevance)

This Decision aims at harmonising, without prejudice to the protection and continued operation of other existing use in this band, the conditions for the availability and efficient use of the 3400-3800 MHz band for terrestrial systems capable of providing electronic communications services.

1 No later than six months after entry into force of this Decision Member States shall designate and make available, on a non-exclusive basis, the 3400-3600 MHz band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex to this Decision.

2 By 1 January 2012 Member States shall designate and subsequently make available, on a non-exclusive basis, the 3600-3800 MHz band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex to this Decision.

3 Member States shall ensure that networks referred to in paragraphs 1 and 2 give appropriate protection to systems in adjacent bands.

4 Member States shall not be bound to implement the obligations under this Decision in geographical areas where coordination with third countries requires a deviation from the parameters in the Annex to this Decision. Member States shall make all practicable efforts to solve such deviations, which they shall notify to the Commission, including the affected geographical areas, and publish the relevant information pursuant to Decision No 676/2002/EC.

Member States shall allow the use of the 3400-3800 MHz band in accordance with Article 2 for fixed, nomadic and mobile electronic communications networks.

Member States shall keep the use of the 3400-3800 MHz band under scrutiny and report their findings to the Commission to allow regular and timely review of the Decision.

This Decision is addressed to the Member States.