BAKGRUNN (fra kommisjonsbeslutningen)

(1) Commission Implementing Decision (EU) 2021/1067 harmonises the 5 945 – 6 425 MHz band for wireless access systems including radio local area networks. Table 2 of the Annex to that Decision sets, for Very Low Power (VLP) WAS/RLAN devices, 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 31 December 2024. Moreover, Note 3 of that Table provides that the appropriateness of that limit should be subject to review by 31 December 2024, and that in the absence of justified evidence, a value of -37 dBm/MHz would apply from 1 January 2025.

(2) On 21 April 2021, pursuant to Article 4(2) of Decision No 676/2002/EC of the European Parliament and of the Council, the Commission issued a mandate to the European Conference of Postal and Telecommunications Administrations (‘CEPT’) 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, based on, in particular, the study of possible mitigation techniques for the protection of urban rail intelligent transport systems (ITS), with the view to relaxing the limit to -37 dBm/MHz. This was justified by the need to ensure transport safety and the coexistence of such devices with the ITS, including communication based train control (CBTC), which use spectrum in parts of the 5 905-5 935 MHz frequency band.

(3) As the CEPT has not been able to deliver the results of the mandate by July 2024, it is essential to ensure legal certainty for transport safety regarding the appropriate limit of maximum mean e.i.r.p. density for OOB emissions to apply below 5935 MHz for VLP WAS/RLAN devices. Therefore, until a proper review has been completed by the CEPT pursuant to the mandate, it should be ensured that the current value of -45 dBm/MHz continues to apply beyond 31 December 2024. Sufficient time should also be allowed to the CEPT to complete the expected review and therefore the deadline for such review should be prolonged until 31 December 2025.

(4) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,