11.5.2010 Official Journal of the European Union L 117/95 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) (2010/267/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 The Commission Communication ‘Transforming the digital dividend into social benefits and economic growth’ (%) stressed the importance of coherent opening of the 790-862 MHz band (the ‘800 MHz band’) for elec- tronic communications services by adopting technical conditions of use. The 800 MHz band is part of the digital dividend, ie. radio frequencies that are freed up as a result of more efficient spectrum use through the switchover from analogue to digital terrestrial TV. The identified socioeconomic benefits are based on the assumption of a Community approach that releases the 800 MHz band by 2015 and imposes technical conditions preventing high power cross-border inter- ference. Technological neutrality and service neutrality have been confirmed by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regu- latory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the au- thorisation of electronic communications networks and services (°) (Better Regulation Directive). Moreover, the RSPG opinion of 18 September 2009 on the digital dividend encourages the application of the WAPECS principles and recommends that the Commission acts on the recommendations contained therein as soon as possible in order to minimise EU-level uncertainty regarding the ability of Member States to make available the 800 MHz band. L 108, 24.4.2002, p. 1. M(2009) 586. L 337, 18.12.2009, p. 37. (3) The European Parliament in its resolution of 24 September 2008 on reaping the full benefits of the digital dividend in Europe: a common approach to the use of the spectrum released by the digital switchover, urges Member States to release their digital dividends as quickly as possible and calls for a response at Community level. The Council conclusions of 18 December 2009 on transferring the digital dividend into social benefits and economic growth confirm the Council's position stated in 2008, which invited the Commission to support and assist the Member States in the process of achieving close cooperation between Member States and with third countries in coordinating spectrum usage and of reaping the full benefits of the digital dividend. Noting the strong impact of broadband communications on growth, the Economic Recovery Plan (*) has set a target of 100 % broadband coverage by between 2010 and 2013 (°). This cannot be achieved without a significant role being played by wireless infrastructures, including in the provision of broadband to rural areas, part of which can be done by giving early access to the digital dividend to the benefit of such areas. The designation of the 800 MHz band for terrestrial systems capable of providing electronic communications services would be an important element addressing the convergence of the mobile, fixed and broadcasting sectors and reflecting technical innovation. The services provided in this frequency band should mainly target end-user access to broadband communications, including broadcasting content. Pursuant to Article 4(2) of the Radio Spectrum Decision, on 3 April 2008 the Commission gave a mandate to the European Conference of Postal and Telecommunications Administrations (hereinafter ‘the CEPT) to define the technical conditions to be applied to the 800 MHz band optimised for, but not limited to, fixed and/or mobile communications networks, with a (*) Presidency Conclusions, Council of the European Union, Brussels, 12 December 2008, 17271/08. (°) Endorsed by the Council: Competitiveness Council Key Issues Paper, March 2009.