RADIO SPECTRUM COMMITTEE

Transcription

1 EUROPEAN COMMISSION Directorate-General for Communications Networks, Content and Technology Electronic Communications Networks and Services Radio Spectrum Policy Brussels, 5 July 2017 DG CONNECT/B4 RSCOM17-25 PUBLIC DOCUMENT RADIO SPECTRUM COMMITTEE Working Document Subject: Text for discussion for a harmonisation of the radio spectrum for use by short range devices in the and MHz frequency bands This is a Committee working document which does not necessarily reflect the official position of the Commission. No inferences should be drawn from this document as to the precise form or content of future measures to be submitted by the Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or data referred to in this document European Commission, DG Communications Networks Content & Technology, 200 Rue de la Loi, B-1049 Bruxelles RSC Secretariat, Avenue de Beaulieu 33, B-1160 Brussels - Belgium - Office BU33 7/09 Telephone: direct line (+32-2) / switchboard (+32-2) Fax: (+32-2) cnect-rsc@ec.europa.eu

2 1. INTRODUCTION During its 59 th meeting on March 2017, the Radio Spectrum Committee supported the approach of a separate decision for the entries within the and MHz bands in line with a proposal in document RSCOM A separate decision makes it possible to describe the regulatory environment for these bands, which is different from the existing SRD Decision and which is currently required, due to the existing use of the band. Document RSCOM17-06 described the main elements of such a decision and was also discussed at the same meeting. This document provides a draft text of these main elements as a concrete basis for further discussions. While CEPT had invested noteworthy efforts into the finalization of the Addendum to CEPT Report 59, for timing reasons CEPT could not take into account the on-going activities towards a successor for the GSM-R railway communication system, the socalled Future Railway Mobile Communications System (FRMCS) project. Hence the Commission organized also on the invitation of RSC member France and with the support of other members a stakeholder workshop on the "Efficient use of spectrum in the bands and MHz by IoT and railways" on 19 June The purpose of the workshop was to evaluate competing needs to determine how to use these spectrum bands most efficiently, while noting that existing military use in some Member States which was not discussed at the workshop will also have to be considered.the workshop raised substantial interest within the stakeholder communities Radio Frequency Identification (RFID), Internet of Things (IoT) and railways alike. The workshop showed the importance that all stakeholders (Rail, RFID, IoT communities alike) attach to a harmonisation of the future use of the and MHz band. As a next step, it was agreed that stakeholders should further study under which conditions it would be feasible to make available 2x1.4 MHz (instead of 2x3 MHz) for the extension of the current railway spectrum, and thus make a harmonised core band available for RFID and IoT across the EU (even though less spectrum than foreseen in the addendum to CEPT Report 59). This so-called 'squeeze' option aims at achieving a harmonised approach across Europe. Hence this document serves two purposes: It provides a specific text proposal for the main elements of a decision on the bands and MHz as discussed in document RSCOM17-06 at the last RSC meeting in combination with a proposal how the technical annex to such a decision could look like, if the chosen path was to implement the existing CEPT proposal given in the Addendum to CEPT Report 59. It provides proposals for further recitals if the chosen path was to further develop the CEPT proposal, in order to consider more harmonisation as called for by stakeholders as well as future developments of the FRMCS. It makes a proposal how the technical annex to such a decision could look like, if 2x1.4 MHz were made available for the extension of the current railway spectrum. This approach reflects the outcome of the workshop, but is subject to further assessment of the impact by stakeholders, who committed to provide feedback by September in time for the next RSC meeting. The technical annex exploring the option to make 2x1.4 MHz available for railways further suggests to create both in the and MHz bands so-called minimum harmonized core bands instead of full flexibility in order to cater also for the harmonization needs of the IoT community as stated in the above workshop. Thus the draft decision would create clarity for the RFID, IoT and railway communities and 2

3 establish a long-term strategy. In order to also achieve clarity for the military and governmental users, one way would be to agree on a safe harbour for military and governmental users within the bands. In particular, a possible decision on and MHz would provide clarity and protection for military and governmental users, since it would limit fragmentation of SRD usage in the bands across the EU and channel the usage to EU-wide well defined entries. Some parts of the text have been highlighted to indicate substantial changes to the wording in CEPT report 59. Any questions in this regard will be clarified during the meeting. Member States are invited to comment the text for discussion in annex and, in particular, to signal whether or not they can support the proposal to provide further harmonisation as called for by stakeholders during the workshop on 19 June If so, the Commission services will endeavour to further develop the draft text on that basis, taking into account written comments from Member States (deadline 1 September) and feedback from stakeholders on the option to make 2x1.4 MHz available for railways. 3

4 Work in Progress on the harmonisation of the radio spectrum for use by short range devices in the and MHz frequency bands [Text for discussion for recitals] Whereas: (1) Commission Decision 2006/771/EC 1 harmonises the technical conditions for use of spectrum for a wide variety of short-range devices. These devices are typically mass-market and/or portable products which can easily be taken and used across borders and differences in spectrum access conditions may prevent their free movement, increase their production costs and create risks of harmful interference with other radio applications and services. (2) Decision No 243/2012/EU of the European Parliament and of the Council 2 requires Member States, in cooperation with the Commission, where appropriate, to foster the collective use of spectrum as well as shared use of spectrum in order to enhance efficiency and flexibility, and to seek to ensure spectrum availability for radio-frequency identification (RFID) and the 'Internet of Things' (IoT). Technical conditions for the use of the MHz frequency for RFID and IoT normally are covered by Commission Decision 2006/771/EC as amended by Decision xxxx/yyy/eu of xx/yy/2017 which sets the general harmonised technical conditions for the use of a wide variety of short-range devices which, as a result, are subject under national law to no more than a general authorisation. However, the sharing environment in the bands MHz and MHz deviates from the usual approach to spectrum for SRDs and therefore calls for a specific regulatory regime. (3) In the context of its permanent mandate to the European Conference of Postal and Telecommunications Administrations (CEPT) of the 5 July 2006, pursuant to Article 4(2) of Decision No 676/2002/EC, to update the Annex to Decision 2006/771/EC to technological and market developments in the area of short-range devices, the Commission specifically requested the CEPT to examine the possibility to introduce short-range devices in the bands MHz and MHz while allowing national administrations some flexibility and protecting existing uses of spectrum by military and governmental applications (e.g. unmanned aeronautical and ground vehicles, remote control and telemetry, tactical radio relays, tactical communication systems and data links) and railways. 1 2 OJ L 312, , p. 66. Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, , p. 7). Commission européenne/europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel

5 (4) As a response, the CEPT submitted on 6 March 2017 an Addendum 3 to its 17 July 2016 Report 59 which concludes on the possibility to technically harmonise the bands MHz and MHz for the introduction of technically advanced RFID solutions as well as new short-range devices enabling new types of machine-to-machine and internet of things applications. The latter are based on networked short-range devices which, as network access points in a data network, act as a connection point for the other short range devices in such a network to service platforms outside of that network by transferring, into fixed communications infrastructures, data collected from terminal nodes under their control. These possibilities for harmonization also take into account new opportunities in the MHz band already harmonised for short-range devices. (5) RFIDs in the lower 900 MHz range are available almost everywhere in the world; therefore, ensuring their full availability also in the EU would create new usage opportunities at global scale which would benefit European undertakings. In the same way, networked SRDs, which enable a broad range of IoT applications including low-cost IoT, could profit from this global harmonisation potential and enable applications such as global asset tracking or help innovative European developers of smart home devices to scale up their market reach. These new devices therefore represent an important fast growing sector with high innovation potential. The Union should benefit from the almost global availability of such devices and corresponding applications and from the important economies of scale and lower costs resulting therefrom by ensuring the technical harmonisation in all Member States of the band MHz and of the band MHz which is particularly valuable due to its global harmonisation potential. (6) Harmonised technical usage conditions establish a predictable sharing environment through the combination of a frequency band with transmit power limit/field strength limit/power density limit, as well as some additional parameters and usage restrictions, based on underlying compatibility studies; such conditions should therefore be able to prevent harmful interference, foster reliable and efficient use of frequency bands and allow flexibility for a variety of applications, and as a consequence, make it possible for most short-range devices in most Member States to be operated on a non-exclusive and shared basis, under an unlicensed or general authorisation regime. Nevertheless, in line with article 7 of Directive 2014/53/EU of the European Parliament and of the Council 4, where harmonised technical conditions or general authorisation conditions would not be sufficient by themselves to ensure appropriate quality of service, Member States would remain free to apply individual rights for shared non-exclusive use of these bands. (7) To the extent that coordinated and harmonised technical conditions or authorisation conditions would not be sufficient by themselves to protect the existing use of these bands for national Extended GSM for Railways (ER-GSM), which is in line with ITU Radio Regulations, Member States should be able to 3 4 RSCOM17-07 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, , p. 62). 2

6 subject the use of short range devices to individual non-exclusive authorisations or to specific installation or operation requirements, geographical restrictions or specific mitigation techniques 5.Such restrictions could in particular serve as coordination mechanisms in order to enable geographic sharing between E-GSM- R on the one hand and RFIDs and networked SRDs on the other hand. (8) Moreover, in line with Article 1.4 of the Radio Spectrum Decision, as they retain the right to organise and use their radio spectrum for public order and public security purposes and defence, Member States should remain free to protect the existing and future use of these bands and of adjacent bands for military and other public security and public order purposes while pursuing the aim of making available the minimum harmonized core bands for networked SRDs. (9) The European railway community started in 2012 the Future Rail Mobile Communications System (FRMCS) project to prepare the necessary steps towards the introduction of a successor of GSM-R. Since this project was not advanced enough at the time of preparation of the Addendum 6 to CEPT Report 59, the Addendum does not take account of such a future system. The 59 th Radio Spectrum Committee meeting on March 2017 acknowledged this and invited the Commission to work on a solution which accounts for future possible needs of FRMCS. To that purpose the Commission organized a stakeholder workshop on 19 June 2017 on "Efficient use of spectrum in the bands and MHz by Internet of Things (IoT) and railways". (10) The workshop showed a strong request from all stakeholders (Rail, RFID, IoT communities alike) for harmonisation of the future use of the and MHz bands. [EDITORIAL NOTE: The following is not supposed to preempt the on-going studies, but rather to indicate a possible way forward should the studies be positive.] Technical studies following this workshop established the feasibility of reserving the bands and MHz for future railway use while also making appropriate spectrum available for RFID and IoT, in order to enable their main benefits and achieve a harmonised approach across the EU. For this reason, this Decision deviates from the Addendum to CEPT Report 59 within the limits of the underlying compatibility studies. (11) The reservation of the bands and MHz for future railway systems is subject to further study and may require a review. (12) While this decision would leave greater flexibility in implementation compared to Decision 2006/771/EC and while the protection of existing use of the bands by military and governmental applications and railways might lead to restrictions or even partial non-availability of spectrum in some Member States, this decision should prevent any further fragmentation in the bands and enable the use of IoT and RFID services in a harmonised minimum core band across the EU. (13) Member States should report on the implementation of this Decision to the Commission including as required by Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the 5 6 To be specified in the technical annex and possibly linked here. RSCOM

7 Community. They should also report on the use of the MHz and MHz bands, in particular with a view to adapting it to the future technological developments, to the extent necessary taking into account the existing permanent mandate from the Commission to CEPT to update the harmonisation of the use of spectrum by short range devices under the Annex to Decision 2006/771/EC to technological and market developments. (14) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee, [Text for discussion for articles] Article 1 The purpose of this Decision is to harmonise the frequency bands and the related technical parameters for the availability and efficient use of the frequency bands MHz and MHz. Article 2 For the purpose of this Decision: 1. short-range device means radio transmitters which provide either unidirectional or bidirectional communication and which transmit over a short distance at low power; 2. 'networked short-range device' means a short-range device in a data network which transmits at low power but due to the transmission technology used in the data network potentially also over wider areas; the term data network refers to several networked short-range devices as network components and to the wireless connections between them. 3. non-interference and non-protected basis means that no harmful interference may be caused to any radio communications service and that no claim may be made for protection of these devices against harmful interference originating from radio communications services in the same band. 4. category of short-range devices means a group of short-range or networked shortrange devices that use spectrum with similar technical spectrum access mechanisms or based on common usage scenarios. 5. 'governmental use' means use by a public authority for public order, public security and defence. Article 3 1. Member States shall designate and make available, on a non-exclusive, noninterference and non-protected basis except where necessary to ensure an appropriate level of quality of transmission, the frequency bands for the types of short-range devices and networked short-range devices, subject to the specific conditions and by the implementation deadline, as laid down in the Annex to this Decision. 2. Member States may take appropriate measures to protect existing use in the MHz and MHz spectrum to the extent necessary and where no alternative protective solution may be found through coordination of the various types of uses in 4

8 these bands. This may include the imposition of specific technical, geographic or operational obligations for the use of the band. 3. [Member states are invited to express their views on how to make an implementing decision compatible with the needs of military and governmental use in certain Member States, for example by placing any such use at the lower ends of the frequency bands, i.e. starting at 870 MHz and 915 MHz, respectively, with the aim of enabling use of at least the harmonised minimum core bands indicated in the annex.] 4. This Decision is without prejudice to the right of Member States to allow the use of the frequency bands covered by the annex under less restrictive conditions or for short-range devices which are not part of the harmonised category, provided that this does not prevent or reduce the possibility for short- range devices of the harmonised category to rely on the appropriate set of harmonised technical and operational conditions, as specified in the Annex to this Decision, which allow the shared use of a specific part of the spectrum on a non-exclusive basis and for different purposes by short range devices of the same category. 5. Member States shall continue to examine the possible use of the sub-bands MHz and MHz for rail mobile communications and shall refrain from introducing new uses in those sub-bands until harmonised conditions for the use thereof may be adopted pursuant to the Radio Spectrum Decision. Article 4 Member States shall keep the use of the relevant bands under scrutiny and, to the extent necessary, report their findings to the Commission to allow regular and timely review of the Decision. Article 5 This Decision is addressed to the Member States. 5

9 Annex of the Decision (option based on addendum to CEPT Report 59) EN ANNEX Harmonised frequency bands and technical parameters for short-range devices Band no Frequency band [i] Category of shortrange devices [ii] Transmit power limit/ field strength limit/power density limit [iii] Additional parameters (channelling and/or channel access and occupation rules) [iv] Other usage restrictions [v] Implemen -tation deadline MHz [8] Non-specific shortrange devices [1] 500 mw e.r.p. Adaptive Power Control (APC) required, alternatively other mitigation techniques which achieve at least an equivalent level of spectrum compatibility Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Bandwidth: 200 khz Duty cycle [vi]: 10% for network access points [4] This set of usage conditions is only available for data networks All devices within the data network shall be under the control of network access points [4, 5, 6, 7] 1 July 2018 Duty cycle [vi]: 2.5% Commission européenne/europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel

10 otherwise MHz [9] Wideband transmission [3] data devices 25 mw e.r.p Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Bandwidth: 1 MHz Duty cycle [vi]: 10% for network access points [4] Duty cycle [4]: 2.8% otherwise This set of usage conditions is only available for wideband SRDs in data networks All devices within the data network shall be under the control of network access points [4, 5, 6] 1 July 2018 Geographical restrictions may be applied where ER- GSM protection is necessary MHz Radio Frequency Identification (RFID) devices [2] Interrogator transmissions at 4 W e.r.p. only permitted at the centre frequencies MHz, MHz, MHz Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in [5,6,7] 2

11 and MHz harmonised standards adopted under Directive 2014/53/EU must be used For ER-GSM protection ( MHz), Detect- And-Avoid (DAA) is required Bandwidth: 400 khz MHz Non-specific shortrange devices [1] 500 mw e.r.p. Transmissions only permitted within the bands MHz, MHz and MHz Adaptive Power Control (APC) required, alternatively other mitigation techniques which achieve at least an equivalent level of spectrum compatibility Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Bandwidth: 200 khz Duty cycle [vi]: 10% for network access points [4] Duty cycle [vi]: 2.5% otherwise This set of usage conditions is only available for data networks All devices within the data network shall be under the control of network access points [4, 5, 6, 7) 1 July MHz [9] Non-specific shortrange devices [1] 25 mw e.r.p. Techniques to access spectrum and mitigate This set of usage conditions is only 3

12 interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Channel bandwidth: 600 khz available for SRD in data networks All devices within the data network shall be are under the control of network access points [4, 5, 6] Duty cycle [vi]: 1%, Member states may consider, for ER-GSM protection ( MHz), to limit the duty cycle to 0.01% and the maximum transmit on-time to 5ms/1s or, alternatively, to apply geographical restrictions [i] Member States must allow adjacent frequency bands within this table to be used as a single frequency band provided the specific conditions of each of these adjacent frequency bands are met. [ii] As defined in Article 2(4) [iii] Member States must allow the usage of spectrum up to the transmit power, field strength or power density given in this table. In accordance with Article 3(3), they may impose less restrictive conditions, i.e. allow the use of spectrum with higher transmit power, field strength or power density, provided that this does not reduce or compromise the appropriate coexistence between short-range devices in bands harmonised by this Decision. 4

13 [iv] Member States may only impose these additional parameters (channelling and/or channel access and occupation rules), and shall not add other parameters or spectrum access and mitigation requirements. Less restrictive conditions within the meaning of Article 3(3), mean that Member States may completely omit the additional parameters (channelling and/or channel access and occupation rules) in a given cell or allow higher values, provided that the appropriate sharing environment in the harmonised band is not compromised. [v] Member States may only impose these other usage restrictions and shall not add additional usage restrictions unless the conditions mentioned in Article 3(2) apply. As less restrictive conditions may be introduced within the meaning of Article 3(3), Member States may omit one or all of these restrictions, provided that the appropriate sharing environment in the harmonised band is not compromised. [vi] Duty cycle is defined as the ratio, expressed as a percentage, of Σ(Ton)/(Tobs) where Ton is the on time of a single transmitter device and Tobs is the observation period. Ton is measured in an observation frequency band (Fobs). Unless otherwise specified in this technical annex, Tobs is a continuous one hour period and Fobs is the applicable frequency band in this technical annex. Less restrictive conditions within the meaning of Article 3(3), mean that Member States may allow a higher value for duty cycle. [1] The non-specific short-range device category covers all kinds of radio devices, regardless of the application or the purpose, which fulfil the technical conditions as specified for a given frequency band. Typical uses include telemetry, telecommand, alarms, data transmissions in general and other applications. [2] The radio frequency identification (RFID) device category covers tag/interrogator based radio communications systems, consisting of radio devices (tags) attached to animate or inanimate items and of transmitter/receiver units (interrogators) which activate the tags and receive data back. Typical uses include the tracking and identification of items, such as for electronic article surveillance (EAS), and collecting and transmitting data relating to the items to which tags are attached, which may be either battery-less, battery assisted or battery powered. The responses from a tag are validated by its interrogator and passed to its host system. [3] The wideband data transmission device category covers radio devices that use wideband modulation techniques to access the spectrum. Typical uses include wireless access systems such as radio local area networks (WAS/RLANs) or wideband SRDs in data networks. [4] A network access point in a data network is a fixed terrestrial short range device that acts as a connection point for the other short range devices in the data network to service platforms located outside of that data network. The term data network refers to several short range devices, including the network access point, as network components and to the wireless connections between them.' [5] According to Article 3(1) a general authorisation regime shall be used. However, in line with Article 3(2), Member States may limit usage of this entry such that installation and operation are performed only by professional users (professional use can be defined on a national basis) and may consider individual authorisation, e.g. to administer geographical sharing and/or the application of mitigation techniques to ensure protection of radio services. [6] In countries where parts or all of this frequency range are used by military applications and coordination is not possible, Member States may decide not to implement this entry partially or in its entirety in accordance with Article 1(4) of Decision 676/2002/EC and Article 3(2) of this Decision. 5

14 [7] National rules, such as local coordination, may also be needed in order to avoid interference to radio services operating in the adjacent bands, e.g. due to intermodulation or blocking. [8] This frequency range MHz is preferred. Member States may alternatively implement at least 1.6 MHz within the whole frequency range MHz depending on national circumstances, e.g. by considering the Future Railway Mobile Communication System (FRMCS). [9] This frequency range MHz is preferred. Member States may alternatively implement at least 2.8. MHz within the whole frequency range MHz depending on national circumstances, e.g. by considering the Future Railway Mobile Communication System (FRMCS). * * * 6

15 Annex of the Decision (option based on Workshop) EN ANNEX Harmonised frequency bands and technical parameters for short-range devices Band no Frequency band [i] Category of shortrange devices [ii] Transmit power limit/ field strength limit/power density limit [iii] Additional parameters (channelling and/or channel access and occupation rules) [iv] Other usage restrictions [v] Implemen -tation deadline MHz [8] Non-specific shortrange devices [1] 500 mw e.r.p. Adaptive Power Control (APC) required, alternatively other mitigation techniques which achieve at least an equivalent level of spectrum compatibility Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Bandwidth: 200 khz Duty cycle [vi]: 10% for network access points [4] This set of usage conditions is only available for data networks All devices within the data network shall be under the control of network access points [4, 5, 6, 7] 1 July 2018 Duty cycle [vi]: 2.5% 7

16 otherwise MHz [9] Wideband transmission [3] data devices 25 mw e.r.p Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Bandwidth: 1 MHz Duty cycle [vi]: 10% for network access points [4] Duty cycle [4]: 2.8% otherwise This set of usage conditions is only available for wideband SRDs in data networks All devices within the data network shall be under the control of network access points [4, 5, 6] 1 July 2018 Geographical restrictions may be applied where ER- GSM protection is necessary MHz Radio Frequency Identification (RFID) devices [2] Interrogator transmissions at 4 W e.r.p. only permitted at the centre frequencies MHz, MHz, MHz Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in [5,6,7] 8

17 and MHz harmonised standards adopted under Directive 2014/53/EU must be used For ER-GSM protection ( MHz), Detect- And-Avoid (DAA) is required MHz Non-specific shortrange devices [1] 500 mw e.r.p. Transmissions only permitted within the bands MHz, MHz and MHz Adaptive Power Control (APC) required, alternatively other mitigation techniques which achieve at least an equivalent level of spectrum compatibility Bandwidth: 300 khz Techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Bandwidth: 200 khz Duty cycle [vi]: 10% for network access points [4] Duty cycle [vi]: 2.5% otherwise This set of usage conditions is only available for data networks All devices within the data network shall be under the control of network access points [4, 5, 6, 7] 1 July 2018 Comment [A1]: Illustrative example: Channel spacing and/or bandwidth could be reduced; as another option the number of channels could be reduced. Comment [A2]: The new RFID channel plan has a direct impact on this entry; in particular, if the RFID channel bandwidth is reduced to < 400 khz, it will not be possible anymore to fit two 500mW channels of 200 khz bandwidth MHz [9] Non-specific shortrange devices [1] 25 mw e.r.p. Techniques to access spectrum and mitigate This set of usage conditions is only 9

18 interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Directive 2014/53/EU must be used Channel bandwidth: 600 khz available for SRD in data networks All devices within the data network shall be are under the control of network access points [4, 5, 6] Duty cycle [vi]: 1%, Member states may consider, for ER-GSM protection ( MHz), to limit the duty cycle to 0.01% and the maximum transmit on-time to 5ms/1s or, alternatively, to apply geographical restrictions [i] Member States must allow adjacent frequency bands within this table to be used as a single frequency band provided the specific conditions of each of these adjacent frequency bands are met. [ii] As defined in Article 2(4) [iii] Member States must allow the usage of spectrum up to the transmit power, field strength or power density given in this table. In accordance with Article 3(3), they may impose less restrictive conditions, i.e. allow the use of spectrum with higher transmit power, field strength or power density, provided that this does not reduce or compromise the appropriate coexistence between short-range devices in bands harmonised by this Decision. 10

19 [iv] Member States may only impose these additional parameters (channelling and/or channel access and occupation rules), and shall not add other parameters or spectrum access and mitigation requirements. Less restrictive conditions within the meaning of Article 3(3), mean that Member States may completely omit the additional parameters (channelling and/or channel access and occupation rules) in a given cell or allow higher values, provided that the appropriate sharing environment in the harmonised band is not compromised. [v] Member States may only impose these other usage restrictions and shall not add additional usage restrictions unless the conditions mentioned in Article 3(2) apply. As less restrictive conditions may be introduced within the meaning of Article 3(3), Member States may omit one or all of these restrictions, provided that the appropriate sharing environment in the harmonised band is not compromised. [vi] Duty cycle is defined as the ratio, expressed as a percentage, of Σ(Ton)/(Tobs) where Ton is the on time of a single transmitter device and Tobs is the observation period. Ton is measured in an observation frequency band (Fobs). Unless otherwise specified in this technical annex, Tobs is a continuous on e hour period and Fobs is the applicable frequency band in this technical annex. Less restrictive conditions within the meaning of Article 3(3), mean that Member States may allow a higher value for duty cycle. [1] The non-specific short-range device category covers all kinds of radio devices, regardless of the application or the purpose, which fulfil the technical conditions as specified for a given frequency band. Typical uses include telemetry, telecommand, alarms, data transmissions in general and other applications. [2] The radio frequency identification (RFID) device category covers tag/interrogator based radio communications systems, consisting of radio devices (tags) attached to animate or inanimate items and of transmitter/receiver units (interrogators) which activate the tags and receive data back. Typical uses include the tracking and identification of items, such as for electronic article surveillance (EAS), and collecting and transmitting data relating to the items to which tags are attached, which may be either battery-less, battery assisted or battery powered. The responses from a tag are validated by its interrogator and passed to its host system. [3] The wideband data transmission device category covers radio devices that use wideband modulation techniques to access the spectrum. Typical uses include wireless access systems such as radio local area networks (WAS/RLANs) or wideband SRDs in data networks. [4] A network access point in a data network is a fixed terrestrial short range device that acts as a connection point for the other short range devices in the data network to service platforms located outside of that data network. The term data network refers to several short range devices, including the network access point, as network components and to the wireless connections between them.' [5] According to Article 3(1) a general authorisation regime shall be used. However, in line with Article 3(2), Member States may limit usage of this entry such that installation and operation are performed only by professional users (professional use can be defined on a national basis) and may consider individual authorisation, e.g. to administer geographical sharing and/or the application of mitigation techniques to ensure protection of radio services. [6] In countries where parts or all of this frequency range are used by military applications and coordination is not possible, Member States may decide not to implement this entry partially or in its entirety in accordance with Article 1(4) of Decision 676/2002/EC and Article 3(2) of this Decision. 11

20 [7] National rules, such as local coordination, may also be needed in order to avoid interference to radio services operating in the adjacent bands, e.g. due to intermodulation or blocking. [8] This frequency range MHz is the harmonized minimum core band. Member States may extent this entry within the whole frequency range MHz depending on national circumstances. [9] This frequency range MHz is the harmonized minimum core band. Member States may extent this entry within the whole frequency range MHz depending on national circumstances. * * * 12