Commission Implementing Decision (EU) 2018/1538 of 11 October 2018 on the harmonisation of radio spectrum for use by short-range devices within the 874-876 and 915-921 MHz frequency bands (notified under document C(2018) 6535) (Text with EEA relevance.)

This Decision harmonises the frequency bands and the related technical conditions for the availability and efficient use of spectrum for short-range devices within the 874-876 MHz and 915-921 MHz frequency bands.

For the purposes of this Decision, the following definitions shall apply: 1. ‘short-range devices’ means radio transmitters which provide either unidirectional or bidirectional communication and which transmit over a short distance at low power; 2. ‘networked short-range device’ means a short-range device in a data network, which potentially also covers wider areas; networked short-range devices are under the control of network access points; 3. ‘network access point’ means a fixed terrestrial networked short-range device in a data network that acts as a connection point for the other short-range devices in the data network to service platforms located outside of the data network; 4. ‘data network’ means several networked short-range devices including the network access point as network components and the wireless connections between them; 5. ‘non-interference and non-protected basis’ means that no harmful interference may be caused to any radio communications service and that no claim may be made for protection of these devices against harmful interference originating from radio communications services in the same band; 6. ‘category of short-range devices’ means a group of short-range or networked short-range devices that use spectrum with similar technical spectrum access mechanisms or based on common usage scenarios;

1 Member States shall designate and make available, on a non-exclusive, non-interference and non-protected basis the frequency bands for the types of short-range devices and networked short-range devices, subject to the harmonised technical conditions and by the implementation deadlines set out in the Annex.

2 Member States may take appropriate measures to protect existing use in the 874-876 MHz and 915-921 MHz spectrum to the extent necessary and where no alternative protective solution may be found through coordination of the various types of uses in those bands. This may include the imposition of additional technical, geographic or operational requirements for the use of the band while complying with the harmonised technical conditions for spectrum access set out in the Annex.

3 Member States may allow the use of the frequency bands covered by the Annex under less restrictive conditions or for short-range devices which are not part of the harmonised category. This holds as long as it does not prevent or reduce the possibility for short- range devices of the harmonised category to rely on the appropriate set of harmonised technical conditions allowing the shared use of a specific part of the spectrum on a non-exclusive basis and for different purposes by short-range devices of the same category.

4 Member States shall refrain from introducing new uses in the 874,4-876 MHz and 919,4-921 MHz sub-bands until such time as harmonised conditions for their use are adopted under Decision No 676/2002/EC.

Member States shall monitor the use of the 874-876 MHz and 915-921 MHz frequency bands, including the potential use of the 874,4-876 MHz and 919,4-921 MHz sub-bands for the future railway mobile communications system (FRMCS), and report their findings to the Commission upon request or at their own initiative in order to allow regular and timely review of the Decision.

This Decision is addressed to the Member States.