EU - Draft Commission Implementing Decision on the harmonized use of radio spectrum in the 5945-6425 MHz frequency band

​The following communication, dated October 17, 2024, is being circulated at the request of the delegation of the European Union.

Table 2 of the Annex to Decision (EU) 2021/1067 sets, for Very Low Power (VLP) WAS/RLANs, the limit of maximum mean equivalent isotropically radiated power (e.i.r.p.) density for out-of-band (OOB) emissions below 5 935 MHz at - 45 dBm/MHz until December 31, 2024. 

Moreover, Note 3 of that Table provides that the appropriateness of that limit should be subject to review by December 31, 2024, and that in the absence of justified evidence, a less stringent limit value of - 37 dBm/MHz would apply from January 1,  2025.

The aim of the amending Decision is to ensure legal certainty for transport safety and the coexistence of VLP WAS/RLANs with urban rail intelligent transport systems (ITS), including communication based train control (CBTC), which use spectrum in parts of the 5905-5935 MHz frequency band. 

It is necessary to proceed with this amendment, because the European Conference of Postal and Telecommunications Administrations (CEPT) was not able to deliver on the mandate to review by July 2024 the limit of OOB emissions below 5 935 MHz applicable to VLP WAS/RLAN devices using the 5 945-6 425 MHz band. 

Therefore, as regards that limit, the draft Decision amending Decision (EU) 2021/1067 will ensure that the current value of - 45 dBm/MHz continues to apply beyond December 31, 2024. 

The change of the date of application of this limit is the only change introduced by the amending Decision. There is no change of the substance of Decision (EU) 2021/1067.