Commission Implementing Decision (EU) 2022/179 of 8 February 2022 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks and repealing Decision 2005/513/EC (notified under document C(2022) 628) (Text with EEA relevance)

Article 1

This Decision harmonises the conditions for the availability and efficient use of the 5 150 -5 250 MHz, 5 250 -5 350 MHz and 5 470 -5 725 MHz frequency bands for wireless access systems including radio local area networks (WAS/RLANs).

Article 2

For the purposes of this Decision, the following definitions shall apply:

• (a) ‘wireless access systems including radio local area networks (WAS/RLANs)’ are broadband radio systems that allow wireless access for public and private applications regardless of the underlying network topology;

• (b) ‘indoor use’ is defined as use inside a closed space which will provide the necessary attenuation to facilitate sharing with other services. Indoor use can be classified in four use cases, as identified in the technical conditions of the Annex to this Decision that represent specific scenarios: inside buildings, inside road vehicles, inside trains and inside aircraft;

• (c) ‘equivalent isotropically radiated power (“e.i.r.p.”)’ means the product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna (absolute or isotropic gain);

• (d) ‘mean equivalent isotropically radiated power (“e.i.r.p.”)’ means e.i.r.p. during the transmission burst which corresponds to the highest power, if power control is implemented.

Article 3

By 30 June 2023, Member States shall designate and make available the 5 150 -5 250 MHz, 5 250 -5 350 MHz and 5 470 -5 725 MHz frequency bands, on a non-exclusive basis, for the implementation of WAS/RLANs in accordance with the technical conditions set out in the Annex.

Article 4

Member States shall monitor the evolution of standards and technology in relation to the use of the 5 150 -5 250 MHz, 5 250 -5 350 MHz and 5 470 -5 725 MHz frequency bands for WAS/RLANs and report their findings to the Commission at the latter’s request or on their own initiative in order to allow for a timely review of this Decision.

Article 5

Decision 2005/513/EC is repealed.

Article 6

This Decision is addressed to the Member States.

ANNEX

Harmonised technical conditions for WAS/RLANs in the 5 150 -5 250 MHz, 5 250 -5 350 MHz and 5 470 -5 725 MHz frequency bands

Table 1

WAS/RLANs in the 5 150 -5 250 MHz frequency band

Techniques to access spectrum and mitigate interference that provide an appropriate level of performance to comply with the essential requirements of Directive 2014/53/EU of the European Parliament and of the Council ([^E0001]) shall be used. Where relevant techniques are described in harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Directive 2014/53/EU, performance at least equivalent to the performance level associated with those techniques shall be ensured.

Table 2

WAS/RLANs in the 5 250 -5 350 MHz frequency band

In line with the Commission Regulation (EU) No 1321/2014, a large aircraft means an aircraft, classified as an aeroplane with a maximum take-off mass of more than 5 700 kg, or a multi-engined helicopter. Multi-engined helicopters are excluded, however, from the scope of notes 2 and 3.

Recommendation ITU-R M. 1652-1, ‘Dynamic frequency selection in wireless access systems including radio local area networks for the purpose of protecting the radiodetermination service in the 5 GHz band’.

Techniques to access spectrum and mitigate interference that provide an appropriate level of performance to comply with the essential requirements of Directive 2014/53/EU shall be used. Where relevant techniques are described in harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Directive 2014/53/EU, performance at least equivalent to the performance level associated with those techniques shall be ensured.

Table 3

WAS/RLANs in the 5 470 -5 725 MHz frequency band

Slave and master modes are defined in EN 301 893 V2.1.1.

Techniques to access spectrum and mitigate interference that provide an appropriate level of performance to comply with the essential requirements of Directive 2014/53/EU shall be used. Where relevant techniques are described in harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Directive 2014/53/EU, performance at least equivalent to the performance level associated with those techniques shall be ensured.

[^E0001]: Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).