Commission Implementing Decision (EU) 2016/687 of 28 April 2016 on the harmonisation of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services and for flexible national use in the Union (notified under document C(2016) 2268) (Text with EEA relevance)

This Decision harmonises the technical conditions for the availability and efficient use of the 694-790 MHz (‘700 MHz’) frequency band in the Union for terrestrial systems capable of providing wireless broadband electronic communications services. It aims also to facilitate flexible national use in response to specific national needs in accordance with RSPP spectrum policy priorities. The harmonised conditions for the 790-791 MHz frequency band under this Decision shall apply without prejudice to the provisions of Decision 2010/267/EU.

For the purposes of this Decision the following definitions shall apply: 1. ‘wireless audio PMSE equipment’ means radio equipment used for transmission of analogue or digital audio signals between a limited number of transmitters and receivers, such as radio microphones, in-ear monitor systems or audio links, used mainly for the production of broadcast programmes or private or public social or cultural events; 2. ‘public protection and disaster relief (PPDR) radio communications’ means radio applications used for public safety, security and defence used by national authorities or relevant operators responding to the relevant national needs in regard to public safety and security including in emergency situations; 3. ‘machine-to-machine (M2M) radio communications’ means radio links for the purpose of relaying information between physical or virtual entities that build a complex ecosystem including the internet of Things; such radio links may be realised through electronic communications services (e.g. based on cellular technologies) or other services, based on licensed or unlicensed use of spectrum.

1 When Member States designate and make available the 700 MHz frequency band for use other than high-power broadcasting networks, they shall: (a) designate and make available the 703-733 MHz and 758-788 MHz frequency bands, on a non-exclusive basis, for terrestrial systems capable of providing wireless broadband electronic communications services in compliance with the parameters set out in Sections A.1, B and C of the Annex; (b) subject to national decisions and choice, designate and make available the portions of the 700 MHz frequency band other than those referred to in paragraph 1(a), for use in compliance with the parameters set out in Sections A.2 to A.5 of the Annex.

2 Member States shall facilitate coexistence among different uses referred to in paragraph 1.

Member States shall ensure that the systems referred to in Article 3(1)(a) and (b) give appropriate protection to existing systems in the adjacent 470-694 MHz band, namely digital terrestrial television broadcasting services and wireless audio PMSE equipment in accordance with their regulatory status.

Member States shall facilitate cross-border coordination agreements with the aim of enabling operation of the systems referred to in Article 3(1)(a) and, where appropriate, of those referred to in Article 3(1)(b), taking into account existing regulatory procedures and rights as well as relevant international agreements.

Member States shall monitor the use of the 700 MHz frequency band and report their findings to the Commission upon request or at their own initiative in order to allow timely review of this Decision, as appropriate.

This Decision is addressed to the Member States.