Commission Implementing Decision (EU) 2024/1983 of 18 July 2024 on the harmonisation of the 40,5-43,5 GHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services in the Union (notified under document C(2024) 1520)

This Decision establishes the essential harmonised technical conditions for the availability and efficient use of the 40,5-43,5 GHz frequency band in the Union for terrestrial systems capable of providing wireless broadband electronic communications services.

Member States shall designate and make available on a non-exclusive basis the 40,5-43,5 GHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services, in compliance with the technical conditions set out in the Annex.

Member States shall ensure that, in compliance with the technical conditions set out in the Annex, the terrestrial systems referred to in Article 1 protect the following systems appropriately and do not constrain their future evolution and development: (a) systems in the Radio Astronomy Service operating within the 42,5-43,5 GHz frequency band; (b) satellite systems in the Fixed Satellite Service operating within the 40,5-42,5 GHz frequency band for space-to-Earth communications and within the 42,5-43,5 GHz frequency band for Earth-to-space communications; (c) satellite systems in the Fixed Satellite Service and Mobile Satellite Service operating within the 39,5-40,5 GHz frequency band for space-to-Earth communications.

Member States shall ensure the coexistence of the terrestrial systems referred to in Article 1 with the continued operation of terrestrial fixed links within the 40,5-43,5 GHz frequency band, based on frequency coordination at national level. Member States may also enable the future evolution and development of terrestrial fixed links within the 40,5-43,5 GHz frequency band at national level.

Under the condition that the number and locations of new satellite earth stations are determined so as not to impose disproportionate constraints on the systems referred to in Article 1, and subject to market demand for such stations, Member States shall ensure the continued deployment and operation of satellite earth stations providing Fixed Satellite Service within the 40,5-43,5 GHz frequency band.

Member States shall facilitate cross-border coordination agreements to enable operation of the terrestrial systems referred to in Article 1, taking into account existing regulatory procedures and rights applicable under relevant international agreements.

Member States shall implement this Decision by 31 December 2026. Member States shall provide the Commission with all necessary information on the implementation of this Decision immediately after the adoption of the relevant national measures. Member States shall monitor the use of the 40,5-43,5 GHz frequency band, including the progress on coexistence between the terrestrial systems referred to in Article 1 and other systems using that band, and report their findings to the Commission upon request or on their own initiative to allow for a timely review of this Decision.

This Decision is addressed to the Member States.