2010/267/: Commission Decision of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union (notified under document C(2010) 2923) (Text with EEA relevance)

This Decision aims to harmonise the technical conditions for the availability and efficient use of the 790-862 MHz band (800 MHz band) for terrestrial systems capable of providing electronic communications services in the European Union.

1 When they designate or make available the 800 MHz band for networks other than high-power broadcasting networks, Member States shall do so, on a non-exclusive basis, for terrestrial systems capable of providing electronic communications services in compliance with the parameters set out in the Annex to this Decision.

2 Member States shall ensure that systems referred to in paragraph 1 give appropriate protection to systems in adjacent bands.

3 Member States shall facilitate cross-border coordination agreements with the aim of enabling the operation of systems referred to in paragraph 1, taking into account existing regulatory procedures and rights.

4 Member States shall not be bound to implement the obligations under this Decision in geographic areas where spectrum coordination with third countries requires a deviation from the parameters set out in the Annex to this Decision, provided that they notify the relevant information to the Commission, including the affected geographic areas, and publish it pursuant to Radio Spectrum Decision. Member States shall make all practicable efforts to resolve such deviations and inform the Commission thereof.

Member States shall keep the use of the 800 MHz band under scrutiny and report their findings to the Commission upon request. The Commission shall, were appropriate, proceed to a review of this Decision.

This Decision is addressed to the Member States.