EUROPEAN COMMISSION Communications Networks Content & Technology Directorate-General Electronic Communications Networks & Services Spectrum Brussels, 18 March 2015 DG CONNECT/B4 RSCOM15-21 PUBLIC DOCUMENT RADIO SPECTRUM COMMITTEE Working Document Subject: German input on the 2.3 GHz frequency band 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)299.66.11 / 295.26.65 switchboard (+32-2)299.11.11. Fax: (+32-2) 296.83.95 E-mail : [email protected] 51st meeting of the Radio Spectrum Committee (European Commission, DG Connect) Source: Federal Republic of Germany Date: 13 March 2015 Subject: Frequency band 2300 – 2400 MHz; Current usage in Germany, considerations based on Lisbon Treaty, NJFA and RSPP Current spectrum designation and usage within the band 2300-2400 MHz The frequency band 2300-2400 MHz is a shared civil/military band in Germany. This band is used as follows: Telemetry / Telecommand: including civil and military telemetry, aeronautical and ground based stations 2300-2320 MHz Cordless cameras for PMSE: 2320-2347 MHz and 2385-2400 MHz Cordless cameras for industry: 2333-2347 MHz Cordless cameras for PPDR: 2347-2385 MHz Military radio applications (incl. cameras): 2347-2385 MHz General aspects with regard to cordless cameras: The amount of spectrum within 2300-2400 MHz is not sufficient for big events, where spectrum in other bands has to be assigned additionally. However, these possibilities are limited now because most of the other relevant bands have been licensed recently for other radio applications (e.g. the 2.6 GHz band). Especially during big events when the demand on spectrum for Video PMSE is high, PPDR cameras are also in use. Therefore shared PMSE/PPDR use is not possible in those cases. The adjacent band, 2400-2500 MHz, is not available in densely populated areas because of the high degree of licence exempt usage in this band (RLANs, SRDs). The channels for cordless cameras may also be used for links to/from helicopters. HD cameras require a bandwidth of typically 18 MHz. PPDR user organisations for cordless cameras: Police organisations (Federal office of criminal investigation, Federal police organisation and regional police organisations), Disaster relief organisations, Federal Customs Administration, Federal constitution protection authority and constitution protection authorities of the Federal States. 2 Licences for cordless cameras: The licence duration is 10 years. As of end of 2014 nearly 500 licences are in force which authorise around 1500 cordless cameras. Licences can cover specific regions or can provide nationwide rights. Telemetry/Telecommand: Aeronautical telemetry is used by civil as well as by military organisations. RSPP in relation to other policy areas within the EU a) Introduction In Article 1 of the RSPP1 it is emphasised that ‘This Decision shall not affect the sufficient availability of spectrum for other Union policy areas such as civil protection and disaster relief, and the Common Security and Defence Policy.’ It is stated in the Lisbon Treaty that ‘The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States.’ From German point of view, any impact on the performance of these tasks be provided by the Member States is not acceptable. In this regard, the obligations for those EU member states which are also NATO members, have to be taken into account. According to the NJFA (NATO Joint Civil/Military Frequency Agreement, 2014) the band 2300-2400 MHz is defined as a harmonised NATO band “Class B”: ‘A NATO harmonised frequency band which fulfils an important military requirement. The loss of or harmful interference with the military use of this frequency band, sub-band or ITU service will considerably degrade the operational effectiveness of NATO forces.’ The NJFA further indicates that ‘The band 2300-2400 MHz is important to NATO and is in military use for various applications of the fixed and mobile services, to include, inter alia, telemetry in accordance with ERC Recommendation 62-02 E, aeronautical combat training systems and unmanned systems.’ It is stated in Article 1 No. 3 of the RSPP: ‘Where this Decision or measures adopted thereunder in the frequency bands specified in Article 6 affect spectrum used by a Member State exclusively and directly for its public security or defence purposes, the Member State may, to the extent necessary, continue to use that frequency band for public security and defence purposes until the systems existing in the band at the date of the entry into force of this Decision or of a measure adopted thereunder, respectively, are phased out.’ 1 Decision No. 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, 21 March 2012, p. 7). 3 b) Consequences for the band 2300-2400 MHz The ‘Commission Implementing Decision on the harmonised technical conditions for the use of 2300-2400 MHz band for terrestrial systems capable of providing electronic communications services in the Union’ as proposed in document RSCOM15-09 would not be implementable in Germany in parts of the band 2300-2400 MHz which are used for public security and defence purposes. This is the case for the sub-band 2347-2385 MHz (see overview on the spectrum designation and usage as provided above). If the European Commission does not share this view, Germany invites the European Commission to provide a written legal opinion on that before the RSC#52 meeting in July 2015. The aspect regarding the use of spectrum for public security and defence purposes should be reflected in a recital of the proposed Commission Implementing Decision. Because the sub-bands concerned are different in various member states (see EFIS), the text in this recital should not mention specific bands, but should describe this situation in general. Because the band 2300-2400 MHz is a civil/military shared band in Germany, also the parts outside the sub-band 2347-2385 MHz are used for military purposes; but not exclusively. The agreement, already reached between the military and the civil side, should be considered as a beneficial measure to increase spectrum efficiency on national level. However, the question is, would it be appropriate to cause an impact on these parts of the spectrum because of the willingness of all concerned parties (Ministry of Defence, Ministry of Interior, …) to share the spectrum between governmental and non-governmental users. Without this cooperation the complete band, 2300-2400 MHz, would fall under the “protection” of Article 1 (1), sentence 2 of the RSPP. Although, from German point of view, the aim is to share the spectrum as far as possible; a mandatory obligation for designating spectrum within the sub-bands 2300-2347 MHz and 2385-2400 MHz for terrestrial systems capable of providing electronic communications services in Germany could not be derived from the RSPP, hence from a Decision. Even in the case if the spectrum which is not exclusively used for civil protection, disaster relief, security and defence did not fall under the scope of Article 1 (1), sentence 2 of the RSPP, the RSPP could not overrule the treaties. If the European Commission does not share this view, Germany invites the European Commission to provide a written legal opinion also on that before the RSC#52 meeting in July 2015. Detailed proposals on the current draft Implementing Decision (doc. RSCOM15-09) will be provided in a separate contribution. 4
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