European Commission further advances harmonisation of use of the 700 MHz band for wireless broadband communications

The European Commission has submitted a proposal for a decision of the European Parliament and of the Council on the use of the 470-790 MHz frequency band in the Union and an accompanying “Impact Assessment”.

The need for capacity to transmit large mobile data volumes is constantly increasing, for example as a result of increased access to high solution VoD or streaming content from Internet platforms such as Netflix and Co. At the same time, as a result of advancing digitalisation, terrestrial broadcasting continues to require ever narrower frequency bands, despite considerable increases in quality. The released capacities (known as “digital dividend”) can be used for wireless broadband communications.

The 800 MHz band has already been reallocated in the past. With the decision now proposed, the 700 MHz band is also intended to be reallocated. This frequency band is particularly suitable for developing rural areas, since it offers a good proportion of wide reach and und high speed.

For Germany, the German Federal Government had already paved the way for an auction of frequencies in the 700 MHz band by amending the Frequency Ordinance (Frequenzverordnung) in early 2015, whereas other Member States are not that far yet. The Commission now intends to create harmonised conditions throughout the Union as part of its strategy for a “Digital Single Market”.

More specifically, the proposal contains the following provisions:

• Each Member State is supposed to make the 700 MHz band available for wireless broadband services by 30 June 2020.
• The cross-border coordination measures required for this should be completed by 31 December 2017.
• From 30 June 2020, frequencies may be allocated only in accordance with an implementing decision to be adopted by the Commission, setting out harmonised technical conditions.
• Exceptions are to apply to areas bordering on third countries outside the European Union with whom no arrangements have been made so far for frequency coordination.
• From 2022, the rights of use for frequencies in the 700 MHz band should be marketable (transferrable and leasable)
• Finally, the Member States are supposed to publish their plans to implement the above obligations by mid-2017.

Since it is mainly broadcasters who will be deprived of access to the said frequencies as a result of the reallocation of the 700 MHz band, the proposal also contains provisions to protect broadcasters. For example, the frequency band below 700 MHz is intended to remain predominantly reserved for audio-visual media services in the long run. The same applies to wireless audio PMSE equipment such as wireless microphones. Electronic communication services and other technologies are intended to be allowed only in the downlink to avoid interference.

The Commission intends to re-evaluate the developments in the use of the spectrum below 700 MHz before 1 January 2025, examining whether it should be allocated differently. It is therefore not ruled out that there will be further reallocations for the benefit of digital communication services in the future.