{"id":3503,"date":"2019-05-12T07:48:54","date_gmt":"2019-05-12T07:48:54","guid":{"rendered":"https:\/\/laweuro.com\/?p=3503"},"modified":"2019-05-12T07:49:02","modified_gmt":"2019-05-12T07:49:02","slug":"decision-eu-2017-899-of-the-european-parliament-and-of-the-council-of-17-may-2017-on-the-use-of-the-470-790-mhz-frequency-band-in-the-union","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=3503","title":{"rendered":"Decision (EU) 2017\/899 of the European Parliament and of the Council of 17 May 2017 on the use of the 470-790 MHz frequency band in the Union"},"content":{"rendered":"\n\n\n
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25.5.2017<\/p>\n<\/td>\n

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EN<\/p>\n<\/td>\n

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Official Journal of the European Union<\/p>\n<\/td>\n

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L 138\/131<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

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DECISION (EU)\u00a02017\/899 OF THE EUROPEAN\u00a0PARLIAMENT AND OF THE COUNCIL<\/p>\n

of 17 May 2017<\/p>\n

on the use of the\u00a0470-790\u00a0MHz frequency band in the Union<\/p>\n

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,<\/p>\n

Having regard to the Treaty on the Functioning of the European\u00a0Union, and in particular Article\u00a0114 thereof,<\/p>\n

Having regard to the proposal from the European\u00a0Commission,<\/p>\n

After transmission of the draft legislative act to the national parliaments,<\/p>\n

Having regard to the opinion of the European Economic and Social Committee\u00a0(1<\/span>),<\/p>\n

After consulting the Committee of the Regions,<\/p>\n

Acting in accordance with the ordinary legislative procedure\u00a0(2<\/span>),<\/p>\n

Whereas:<\/p>\n\n\n\n<\/colgroup>\n\n\n
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(1)<\/p>\n<\/td>\n

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In the multiannual radio spectrum policy programme (\u2018RSPP\u2019), established by Decision No\u00a0243\/2012\/EU\u00a0(3<\/span>), the European\u00a0Parliament and the Council set the objectives of identifying at least\u00a01\u00a0200\u00a0MHz of spectrum suitable for wireless broadband electronic communications services in the Union by\u00a02015, of supporting the further development of innovative broadcasting services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services if the need is clearly substantiated, and of ensuring sufficient spectrum for programme-making and special events (\u2018PMSE\u2019).<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(2)<\/p>\n<\/td>\n

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In its Communication of\u00a06\u00a0May\u00a02015 entitled \u2018A Digital Single Market Strategy for Europe\u2019, the Commission highlighted the importance of the\u00a0694-790\u00a0MHz (\u2018700\u00a0MHz\u2019) frequency band for ensuring the provision of broadband services in rural areas in order to ensure access and connectivity, and stressed the need for a coordinated release of that frequency band while accommodating the specific needs of broadcasting services distribution. Reducing the digital divide, in coverage as well as in knowledge, is an important aspect that has to be a priority, without creating new divides when users take up new technologies.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(3)<\/p>\n<\/td>\n

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Effective management of spectrum is a condition for the industrial shift to\u00a05G, which would put the Union at the centre of innovation and create a favourable environment for electronic communications networks and services to develop, thus maximising the growth potential of the digital economy. The Union economy will increasingly have digital society at its core, which requires ubiquitous network coverage to develop services relating to the Internet of Things, e-commerce and European cloud services, and to reap the full benefits of Industry\u00a04.0 across the Union.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(4)<\/p>\n<\/td>\n

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The\u00a0700\u00a0MHz frequency band represents an opportunity for globally harmonised and coordinated spectrum for wireless broadband that offers economies of scale. It should allow new innovative digital services to be developed in urban and in rural or remote areas, such as eHealth and mHealth, supported by mobile phones, patient-monitoring devices and other wireless devices, as well as smart energy grids.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(5)<\/p>\n<\/td>\n

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In its resolution of\u00a019\u00a0January\u00a02016 entitled \u2018Towards a Digital Single Market Act\u2019, the European\u00a0Parliament reminded the Member\u00a0States of their commitment to reach full deployment of at least minimum target speeds of\u00a030 Mbps by\u00a02020, highlighted that radio spectrum is a critical resource for the internal market for wireless broadband communications, as well as broadcasting, and is essential for the future competitiveness of the Union and called as a priority for a harmonised and pro-competitive framework for spectrum allocation and for effective spectrum management.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(6)<\/p>\n<\/td>\n

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Spectrum is a public good. It is, in the\u00a0470-790\u00a0MHz frequency band, a valuable asset for the cost-efficient deployment of wireless networks with universal indoor and outdoor coverage. That spectrum is currently used across the Union for digital terrestrial television (\u2018DTT\u2019) and wireless audio PMSE. It is thus a prerequisite for access to and dissemination of cultural content and of information and ideas. It supports, in parallel to new forms of distribution, the development of the media, and of the creative, cultural and research sectors, which rely extensively on it for the wireless provision of content to end users.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(7)<\/p>\n<\/td>\n

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The assignment of the\u00a0700\u00a0MHz frequency band should be structured in a way that facilitates competition and should be carried out in a manner that does not undermine existing competition.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(8)<\/p>\n<\/td>\n

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For Region\u00a01, which includes the Union, the International Telecommunication Union’s Radio Regulations, adopted by the World Radiocommunication Conference in\u00a02015, provide for the allocation of the\u00a0700\u00a0MHz frequency band to the broadcasting and mobile (except aeronautical mobile) services on a co-primary basis. The\u00a0470-694\u00a0MHz (\u2018sub-700\u00a0MHz\u2019) frequency band remains exclusively allocated to the broadcasting services on a primary basis and to wireless audio PMSE use on a secondary basis.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(9)<\/p>\n<\/td>\n

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Rapidly growing wireless broadband traffic and the increasing economic, industrial and social importance of the digital economy make enhanced wireless network capacity a necessity. Spectrum in the\u00a0700\u00a0MHz frequency band provides both additional capacity and universal coverage, in particular for the economically challenging rural, mountainous and insular areas as well as other remote areas, predetermined in accordance with areas that are a national priority, including along major terrestrial transport paths, and for indoor use and for wide-range machine-type communications. In that context, coherent and coordinated measures for high-quality terrestrial wireless coverage across the Union, building on best national practices for operators’ licence obligations, should aim to meet the RSPP objective that all citizens throughout the Union should have access both indoors and outdoors, to the fastest broadband speeds of not less than\u00a030 Mbps by\u00a02020, and should aim to achieve an ambitious vision for a gigabit society in the Union. Such measures will promote innovative digital services and ensure long-term socioeconomic benefits.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(10)<\/p>\n<\/td>\n

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5G will have a major impact not only on the digital sector, but on economies as a whole. Especially against the backdrop of the slow deployment of\u00a04G and corresponding services, the successful launch of\u00a05G in the Union will be crucial for economic development and for the competitiveness and productivity of the Union’s economy. The Union therefore needs to take the lead by securing enough spectrum for the successful launch and development of\u00a05G. In addition, when authorising the use of the\u00a0700\u00a0MHz frequency band, Member\u00a0States should take account of the opportunity to ensure that mobile virtual network operators are able to increase their geographical coverage. Where a Member\u00a0State so requests, the Commission should, where feasible, facilitate the option of jointly organised auctions, thus contributing to pan-European structures.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(11)<\/p>\n<\/td>\n

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Spectrum-sharing within a common frequency band between bidirectional wireless broadband use for wide-area use (uplink and downlink), on the one hand, and unidirectional television broadcasting or wireless audio PMSE use, on the other, is technically problematic where their coverage areas overlap or are close. This means that repurposing the\u00a0700\u00a0MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive DTT and wireless audio PMSE users of part of their spectrum resources. The DTT and PMSE sectors therefore need long-term regulatory predictability with regard to the availability of sufficient spectrum, so that they can safeguard the sustainable provision and development of their services, in particular free-to-view television, while ensuring an appropriate environment for investments, so that Union and national audiovisual policy objectives such as social cohesion, media pluralism and cultural diversity are met. It is possible that measures will be needed at Union and national level to ensure additional spectrum resource for wireless audio PMSE use outside the\u00a0470-790\u00a0MHz frequency band.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(12)<\/p>\n<\/td>\n

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In his report to the Commission, Pascal Lamy, the Chairman of the high-level group on the future use of the UHF band (470-790\u00a0MHz), recommended that the\u00a0700\u00a0MHz frequency band be made available for wireless broadband by\u00a02020 (+\/- two years). Such a release would help achieve the goal of long-term regulatory predictability for DTT by making the sub-700\u00a0MHz frequency band available until\u00a02030, although this would have to be reviewed by\u00a02025.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(13)<\/p>\n<\/td>\n

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The Radio Spectrum Policy Group recommended in its opinion on a long-term strategy on the future use of the UHF band (470-790\u00a0MHz) in the European\u00a0Union of\u00a019\u00a0February\u00a02015 that a coordinated approach be adopted across the Union to make the\u00a0700\u00a0MHz frequency band available for effective use for wireless broadband electronic communications services by the end of\u00a02020, noting that Member\u00a0States are able to decide on the basis of duly justified reasons to delay the availability of the band for up to two years. In addition, the availability of the sub-700\u00a0MHz frequency band for the provision of broadcasting services should be ensured until\u00a02030.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(14)<\/p>\n<\/td>\n

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Some Member\u00a0States have already launched or completed a national process to authorise the use of the\u00a0700\u00a0MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services. A coordinated approach is needed with regard to the future use of the\u00a0700\u00a0MHz frequency band, which should also provide regulatory predictability, balance Member\u00a0State diversity with digital single market objectives and promote European leadership with regard to international technology developments. In that context, Member\u00a0States should be required to repurpose the\u00a0700\u00a0MHz frequency band in a timely manner in accordance with Union and national law.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(15)<\/p>\n<\/td>\n

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Member\u00a0States should be able to delay, on the basis of duly justified reasons, allowing the use of the\u00a0700\u00a0MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services beyond a common Union deadline of\u00a02020 for up to two years. The reasons for such a delay should be limited to unresolved cross-border coordination issues resulting in harmful interferences, the need to ensure, and the complexity of ensuring, the technical migration of a large amount of the population to advanced broadcasting standards, the financial costs of transition exceeding the expected revenue generated by award procedures and force majeure<\/span>. Member\u00a0States should take all necessary steps to minimise resulting harmful interference in the affected Member\u00a0States. In the event that Member\u00a0States delay allowing the use of the\u00a0700\u00a0MHz frequency band, they should inform the other Member\u00a0States and the Commission accordingly and include the duly justified reasons therefor in their national roadmaps. Such Member\u00a0States and any Member\u00a0States affected by the delay should cooperate with a view to coordinating the process of releasing the\u00a0700\u00a0MHz frequency band and should include information on such coordination in their national roadmaps.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(16)<\/p>\n<\/td>\n

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The use of the\u00a0700\u00a0MHz frequency band by other applications in third countries, as allowed by international agreements or in parts of national territory outside the effective control of the Member\u00a0State authorities, could limit the use of the\u00a0700\u00a0MHz frequency band for terrestrial wireless broadband electronic communications services in some Member\u00a0States. This would prevent those Member\u00a0States from complying with the common schedule set at Union level. The Member\u00a0States concerned should take all necessary steps to minimise the duration and geographical extent of those limitations and seek the assistance of the Union, where necessary, under Article\u00a010(2) of Decision No\u00a0243\/2012\/EU. They should also notify the Commission of such limitations pursuant to Article\u00a06(2) and Article\u00a07 of Decision No\u00a0676\/2002\/EC of the European\u00a0Parliament and of the Council\u00a0(4<\/span>), and the information should be published in accordance with Article\u00a05 of Decision No\u00a0676\/2002\/EC.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(17)<\/p>\n<\/td>\n

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This Decision should be without prejudice to measures taken at national level, in accordance with Union law, that pursue general-interest objectives relating to the right of Member\u00a0States to organise and use their spectrum for the purposes of public order, public security and defence.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(18)<\/p>\n<\/td>\n

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The use of the\u00a0700\u00a0MHz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible. This should include the possibility for holders of rights of use of spectrum to transfer and lease their existing rights in the context of the application of Articles\u00a09, 9a and\u00a09b of Directive\u00a02002\/21\/EC of the European\u00a0Parliament and of the Council\u00a0(5<\/span>), taking into account the obligation to promote effective competition without distortions of competition in the internal market for electronic communications services under Article\u00a05 of Decision No\u00a0243\/2012\/EU. During their respective assessments when licensing spectrum, the Member\u00a0States should take into consideration the duration of licences, the business plan of the operators and its contribution to meeting the Digital Agenda objectives, and the promotion of innovative digital services and long-term socioeconomic benefits.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(19)<\/p>\n<\/td>\n

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It is important to achieve long-term regulatory predictability for DTT with regard to access to the sub-700\u00a0MHz frequency band, taking into account the outcome of the World Radiocommunication Conference in\u00a02015. In line with Articles\u00a09 and\u00a09a of Directive\u00a02002\/21\/EC, Member\u00a0States should apply a flexible approach where possible and should be able to allow the introduction of alternative uses such as terrestrial wireless broadband electronic communications services in the sub-700\u00a0MHz frequency band according to national needs for distribution of broadcasting services, including for innovative user-driven initiatives. Such alternative uses should guarantee continued access to spectrum for broadcasting as the primary user, subject to national demand. To that end, Member\u00a0States should promote cooperation between broadcasters, broadcasting operators and mobile operators in order to facilitate the convergence of audiovisual and internet platforms and shared spectrum use. When allowing use within the sub-700\u00a0MHz frequency band for terrestrial wireless broadband electronic communications services, Member\u00a0States should ensure that such use does not cause harmful interference to digital terrestrial broadcasting in neighbouring Member\u00a0States, as provided for in the agreement reached at the Regional Radiocommunication Conference of\u00a02006.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(20)<\/p>\n<\/td>\n

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Member\u00a0States should adopt coherent national roadmaps to facilitate the use of the\u00a0700\u00a0MHz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band. Once such national roadmaps have been adopted, Member\u00a0States should make them available in a transparent manner within the Union. The national roadmaps should cover activities and timescales for frequency replanning, technical developments for network and end-user equipment, coexistence between radio and non-radio equipment, existing and new authorisation regimes, mechanisms to avoid harmful interference with spectrum users in adjacent bands and information on the possibility of compensation for migration costs, where such costs would arise, in order to avoid, inter alia, costs for end users or broadcasters. Where Member\u00a0States intend to maintain DTT, the national roadmaps should consider the option of facilitating upgrades of broadcasting equipment to more spectrum-efficient technologies, such as advanced video formats (e.g. HEVC) or signal transmission technologies (e.g. DVB-T2).<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(21)<\/p>\n<\/td>\n

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The scope of and mechanism for possible compensation for completing the transition in spectrum use, in particular for end users, should be analysed in accordance with the relevant national provisions, as provided for by Article\u00a014 of Directive\u00a02002\/20\/EC of the European\u00a0Parliament and of the Council\u00a0(6<\/span>), and should be consistent with Articles\u00a0107 and\u00a0108 of the Treaty on the Functioning of the European\u00a0Union in order, for example, to facilitate the transition to more spectrum-efficient technologies. The Commission should be able to provide guidance to a Member\u00a0State, on its request, to facilitate the transition in spectrum use.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(22)<\/p>\n<\/td>\n

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The Commission should, in cooperation with the Member\u00a0States, report to the European\u00a0Parliament and to the Council on developments in the use of the sub-700\u00a0MHz frequency band, with a view to ensuring efficient use of spectrum, pursuant to the applicable Union law. The Commission should take into account the social, economic, cultural and international aspects affecting the use of the sub-700\u00a0MHz frequency band, further technological developments, changes in consumer behaviour and the requirements in connectivity to foster growth and innovation in the Union.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
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(23)<\/p>\n<\/td>\n

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Since the objective of this Decision, namely to ensure a coordinated approach to the use of the\u00a0470-790\u00a0MHz frequency band in the Union in accordance with common objectives, cannot be sufficiently achieved by the Member\u00a0States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article\u00a05 of the Treaty on European\u00a0Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective,<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

HAVE ADOPTED THIS DECISION:<\/p>\n

Article\u00a01<\/p>\n

1.\u00a0\u00a0\u00a0By\u00a030\u00a0June\u00a02020, Member\u00a0States shall allow the use of the\u00a0694-790\u00a0MHz (\u2018700\u00a0MHz\u2019) frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions established by the Commission pursuant to Article\u00a04 of Decision No\u00a0676\/2002\/EC.<\/p>\n

Member\u00a0States may, however, delay allowing the use of the\u00a0700\u00a0MHz frequency band for up to two years on the basis of one or more of the duly justified reasons set out in the Annex to this Decision. In the case of such a delay, the Member\u00a0State concerned shall inform the other Member\u00a0States and the Commission accordingly and shall include those duly justified reasons in the national roadmap adopted pursuant to Article\u00a05 of this Decision. Where necessary, Member\u00a0States shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with Directive\u00a02002\/20\/EC, in order to allow such use.<\/p>\n

A Member\u00a0State that delays allowing the use of the\u00a0700\u00a0MHz frequency band under the second subparagraph and the Member\u00a0States affected by that delay shall cooperate with each other with a view to coordinating the process of releasing the\u00a0700\u00a0MHz frequency band for wireless broadband electronic communications services and shall include information on such coordination in the national roadmaps adopted pursuant to Article\u00a05.<\/p>\n

2.\u00a0\u00a0\u00a0In order to allow the use of the\u00a0700\u00a0MHz frequency band in accordance with paragraph\u00a01, Member\u00a0States shall, by\u00a031\u00a0December\u00a02017, conclude all the necessary cross-border frequency-coordination agreements within the Union.<\/p>\n

3.\u00a0\u00a0\u00a0Member\u00a0States shall not be bound by the obligations laid down in paragraphs\u00a01 and\u00a02 in geographical areas where frequency coordination with third countries remains unresolved, provided that Member\u00a0States make all practicable efforts to minimise the duration and geographical scope of such unresolved coordination and report the results to the Commission, on an annual basis, until the outstanding coordination issues have been resolved.<\/p>\n

The first subparagraph shall apply to the spectrum coordination problems in the Republic of Cyprus arising from the fact that the Government of Cyprus is prevented from exercising effective control in part of its territory.<\/p>\n

4.\u00a0\u00a0\u00a0This Decision is without prejudice to the right of Member\u00a0States to organise and use their spectrum for the purposes of public order, public security and defence.<\/p>\n

Article\u00a02<\/p>\n

Upon the granting of the rights of use in the\u00a0700\u00a0MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services, Member\u00a0States shall allow the transfer or leasing of such rights in accordance with open and transparent procedures pursuant to the applicable Union law.<\/p>\n

Article\u00a03<\/p>\n

1.\u00a0\u00a0\u00a0When Member\u00a0States authorise the use of or amend existing rights to use the\u00a0700\u00a0MHz frequency band, they shall take due account of the need to achieve the target speed and quality objectives set out in Article\u00a06(1) of Decision No\u00a0243\/2012\/EU, including coverage in predetermined national priority areas where necessary, such as along major terrestrial transport paths, for the purpose of allowing wireless applications and European leadership in new digital services to contribute effectively to Union economic growth. Such measures may include conditions to facilitate or encourage the sharing of network infrastructure or spectrum in accordance with Union law.<\/p>\n

2.\u00a0\u00a0\u00a0In applying paragraph\u00a01, Member\u00a0States shall assess the need to attach conditions to the rights of use for frequencies within the\u00a0700\u00a0MHz frequency band and, where appropriate, shall consult relevant stakeholders in that regard.<\/p>\n

Article\u00a04<\/p>\n

Member\u00a0States shall ensure availability at least until\u00a02030 of the\u00a0470-694\u00a0MHz (\u2018sub-700\u00a0MHz\u2019) frequency band for the terrestrial provision of broadcasting services, including free television, and for use by wireless audio PMSE on the basis of national needs, while taking into account the principle of technological neutrality. Member\u00a0States shall ensure that any other use of the sub-700\u00a0MHz frequency band on their territory is compatible with the national broadcasting needs in the relevant Member\u00a0State and does not cause harmful interference to, or claim protection from, the terrestrial provision of broadcasting services in a neighbouring Member\u00a0State. Such use shall be without prejudice to obligations resulting from international agreements, such as cross-border frequency-coordination agreements.<\/p>\n

Article\u00a05<\/p>\n

1.\u00a0\u00a0\u00a0As soon as possible and no later than\u00a030\u00a0June\u00a02018, Member\u00a0States shall adopt and make public their national plan and schedule (\u2018national roadmap\u2019), including detailed steps for fulfilling their obligations under Articles\u00a01 and\u00a04. Member\u00a0States shall draw up their national roadmaps after consulting all relevant stakeholders.<\/p>\n

2.\u00a0\u00a0\u00a0In order to ensure that the use of the\u00a0700\u00a0MHz frequency band is in accordance with Article\u00a01(1), Member\u00a0States shall include in their national roadmaps, where appropriate, information on measures, including any support measures, to limit the impact of the forthcoming transition process on the public and on wireless audio PMSE use and to facilitate the timely availability of interoperable television broadcasting network equipment and receivers in the internal market.<\/p>\n

Article\u00a06<\/p>\n

Member\u00a0States may, where appropriate and in accordance with Union law, ensure that adequate compensation for the direct cost, in particular for end users, of the migration or reallocation of spectrum use is provided promptly and in a transparent manner in order to, inter alia, facilitate transition to more spectrum-efficient technologies.<\/p>\n

At the request of the Member\u00a0State concerned, the Commission may provide guidance on such compensation in order to facilitate the transition in spectrum use.<\/p>\n

Article\u00a07<\/p>\n

The Commission shall, in cooperation with the Member\u00a0States, report to the European\u00a0Parliament and to the Council on developments in the use of the sub-700\u00a0MHz frequency band, with a view to ensuring efficient use of spectrum, pursuant to the applicable Union law. The Commission shall take into account the social, economic, cultural and international aspects affecting the use of the sub-700\u00a0MHz frequency band pursuant to Articles\u00a01 and\u00a04, further technological developments, changes in consumer behaviour and the requirements in connectivity to foster growth and innovation in the Union.<\/p>\n

Article\u00a08<\/p>\n

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European\u00a0Union<\/span>.<\/p>\n

Article\u00a09<\/p>\n

This Decision is addressed to the Member\u00a0States.<\/p>\n

\n

Done at Strasbourg, 17 May 2017.<\/p>\n

\n

For the European\u00a0Parliament<\/span><\/p>\n

The President<\/span><\/p>\n

A. TAJANI<\/p>\n<\/div>\n

\n

For the Council<\/span><\/p>\n

The President<\/span><\/p>\n

C. ABELA<\/p>\n<\/div>\n<\/div>\n

\n

(1<\/span>)\u00a0\u00a0OJ C 303, 19.8.2016, p. 127.<\/p>\n

(2<\/span>)\u00a0\u00a0Position of the European Parliament of 15 March 2017 (not yet published in the Official Journal) and decision of the Council of 25 April 2017.<\/p>\n

(3<\/span>)\u00a0\u00a0Decision 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, 21.3.2012, p. 7).<\/p>\n

(4<\/span>)\u00a0\u00a0Decision 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) (OJ L 108, 24.4.2002, p. 1).<\/p>\n

(5<\/span>)\u00a0\u00a0Directive 2002\/21\/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p.\u00a033).<\/p>\n

(6<\/span>)\u00a0\u00a0Directive 2002\/20\/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 24.4.2002, p. 21).<\/p>\n

\n
\n

ANNEX<\/p>\n

Justified reasons for a delay in allowing the use of\u00a0700\u00a0MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services later than\u00a030\u00a0June\u00a02020 (Article\u00a01(1)):<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(1)<\/p>\n<\/td>\n

\n

unresolved cross-border coordination issues resulting in harmful interferences;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(2)<\/p>\n<\/td>\n

\n

the need to ensure, and the complexity of ensuring, the technical migration of a large amount of the population to advanced broadcasting standards;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(3)<\/p>\n<\/td>\n

\n

the financial costs of transition exceeding the expected revenue generated by award procedures;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(4)<\/p>\n<\/td>\n

\n

force majeure<\/span>.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n