COMMISSION IMPLEMENTING DECISION (EU) 2022/173

of 7 February 2022

on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing electronic communications services in the Union and repealing Decision 2009/766/EC

(notified under document C(2022) 605)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (1),

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) (2), and in particular Article 4(3) thereof

Whereas:

(1) As announced in the Commission’s Communication

Shaping Europe’s Digital Future

of 19 February 2020, digital solutions are crucial to help Europe pursue its own way towards a digital transformation that works for the benefit of citizens and undertakings in compliance with the Union’s values. To that end, it is essential that: people benefit from technology; a single market without borders is ensured in which undertakings of all sizes can compete on equal terms; and democratic values, respect for fundamental rights and a sustainable, climate-neutral and resource-efficient economy are pursued. In that context, radio spectrum is a key public resource that is used more and more for an extensive range of commercial and public services.

(2) The way in which radio spectrum policy in the Union is pursued and implemented is to comply with and contribute to freedom of expression, including freedom of opinion and freedom to receive and disseminate information and ideas, irrespective of borders, as well as freedom and plurality of the media, in line with the Union’s values under Article 2 of the Treaty of the European Union. Indeed, market access for several operators is necessary to ensure pluralism and freedom of information.

(3) Commission Decision 2009/766/EC (3) harmonises the technical conditions for using the radio spectrum in the 880-915 MHz and 925-960 MHz frequency bands (‘900 MHz frequency band’) and in the 1 710-1 785 MHz and 1 805-1 880 MHz frequency bands (‘1 800 MHz frequency band’) for terrestrial systems capable of providing electronic communications services in the Union, including wireless broadband services. It ensures compliance with Article 1(1) of Council Directive 87/372/EEC (4) as regards the coexistence of terrestrial systems capable of providing electronic communications services with GSM systems in the 900 MHz band.