L 307/84 Official Journal of the European Union 7.11.2012 COMMISSION IMPLEMENTING DECISION of 5 November 2012 on the harmonisation of the frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz for terrestrial systems capable of providing electronic communications services in the Union (notified under document C(2012) 7697) (Text with EEA relevance) (2012/688/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (), and in particular Article 4(3) thereof, Whereas: (1) ( ( ( ( 1 2 3 4 ) ) ) ) O] O] COo 0 J On 14 December 1998, the European Parliament and the Council adopted Decision No 128/1999/EC on the coor- dinated introduction of a third-generation mobile and wireless communications system (UMTS) in the Commu- nity () (UMTS Decision) covering the frequency bands 1900-1 980 MHz, 2010-2025MHz and 2 110- 2170 MHz (the terrestrial 2 GHz band’). According to that Decision, Member States were to take all necessary actions in order to allow the coordinated and progressive introduction of the UMTS services on their territory by 1 January 2002 at the latest and in particular were to establish an authorisation system for UMTS by 1 January 2000 at the latest. This Decision expired on 22 January 2003, but the harmonisation of the spectrum has remained in place. The Commission has since then supported a more flexible use of spectrum in its Communication on ‘Rapid access to spectrum for wireless electronic communications services through more flexibility’ (%), which inter alia addresses the terrestrial 2 GHz band and aims to avoid disruption of the market. The prin- ciples of technological neutrality and service neutrality have been confirmed by Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (). The designation of the paired sub-bands 1 920- 1 980 MHz and 2 110-2 170 MHz (the paired terrestrial 2 GHz band’) for systems capable of providing electronic communications services is an important element addressing the convergence of the mobile, fixed and L 108, 24.4.2002, p. 1. L 17, 22.1.1999, p. 1. M(2007) 50. L 108, 24.4.2002, p. 33. S (6) broadcasting sectors and reflecting technical innovation. Systems deployed in the paired terrestrial 2 GHz band should mainly target end-user access to broadband services. Users of wireless broadband services for which the paired terrestrial 2 GHz band is already used today in one Member State can also gain access to equivalent services in any other Member State. However, the unpaired sub-band 1 900-1 920 MHz, although licensed to operators in many Member States, remains largely unused, and the unpaired sub-band 2 010-2 025 MHz is licensed to operators just in few Member States and not used. Pursuant to Article 4(2) of Decision No 676/2002/EC, the Commission gave on 15 June 2009 a mandate to the European Conference of Postal and Telecommunications Administrations (the ‘CEPT’) to develop least restrictive technical conditions for frequency bands addressed in the context of the Wireless Access Policy for Electronic Communications Services (WAPECS). In response to that mandate, the CEPT has issued a report (CEPT Report 39) containing least restrictive technical conditions and guidance for their application to base stations and terminal stations operating in the terrestrial 2 GHz band. In the paired terrestrial 2 GHz band, these technical conditions are appropriate to manage the risk of harmful interference between neigh- bouring networks at national and cross-border level without imposing any particular type of technology and based on optimised parameters for the most likely use of the band. In the unpaired sub-bands 1 900- 1920 MHz and 2010-2025MHz (the unpaired terrestrial 2 GHz band’) however, the technical conditions contained in CEPT Report 39 are more restrictive for the operation of mobile networks than stipulated in current existing national rights of use. In accordance with CEPT Report 39 the concept of Block Edge Masks (BEM), which are technical parameters that apply to the entire block of spectrum of a specific user, irrespective of the number of channels occupied by the user's chosen technology, would be appropriate. These masks are intended to form part of the authorisation conditions for spectrum usage. They cover both emissions within the block of spectrum (i.e. in-block power) as well as emissions outside the block (i.e. out- of-block emission). They are regulatory requirements aimed at managing the risk of harmful interference