2. Background

As part of the i2010 initiative, the European Commission, in recognition of the importance of broadband communications, conferred a mandate upon CEPT¹, with the aim to identifying the technical conditions in respect of the operating frequency bands deemed more appropriate and harmonized for BWA purposes and with consideration to such issues as technological neutrality and possible licensing regimes.

It is noted that, in line with the current regulatory framework for electronic communications, no technological system is identified in this mandate. The response to the mandate, prepared by the CEPT's Joint Project Team - JPT BWA, was completed very recently.

Key to this EC mandate is the issue of BWA spectrum harmonisation. This issue is crucial for spectrum management, bringing as it does, a range of benefits from a reduction in equipment development costs (economies of scale), interoperability, and faster development and introduction times for solutions that benefit the user.

The choice of harmonised frequency bands could be key for the success of new technologies and associated services. Therefore, whenever possible, harmonised bands should be chosen over ''one-off'' solutions. Accordingly several frequency bands were studied for the introduction of BWA systems. It should be noted that it is the BWA application in general that is under consideration and not any specific technology system (not limited to nor excluding WiMAX type systems or other technologies already operating in the market).

The work accomplished to date has led to the conclusion that the priority bands for BWA applications are the 3.6 GHz and 5.8 GHz bands. Concretely, the JPT BWA is studying the technical and regulatory framework for BWA systems in these bands as follows:

• Decision CEPT/ECC(07)02 which governs BWA applications in the 3.6 GHz (3400-3800 MHz) frequency bands. It should be noted that BWA applications encompass fixed, nomadic and mobile technologies, allowing the inclusion of a mobility component.
   
• Recommendation CEPT/ECC(06)04, approved in December 2006, which envisages BFWA systems (Broadband Fixed Wireless Access) in the 5.8 GHz (5725-5875 MHz) frequency bands.

In order to get an overall picture of the BWA issue, it is important to emphasise the most recent activities that ICP-ANACOM has been involved in and that could impact any decision that may be adopted.

First of all, considering that one of the bands under discussion is the 3400-3800 MHz frequency band, it should be noted that ICP-ANACOM has concluded a public consultation on Fixed Wireless Access Systems (FWA), in accordance with the action plan set out by Administrative rule no 1062/2004 of 25 August. As a result, the rights to use frequencies for FWA were reconfigured and allocated to operators (Stage I).

It should be further noted that, as set out in the Determination of 23 February 2006, this Authority intends to commence the allocation of additional spectrum (Stage II), starting by submitting the 24.5-26.5 GHz frequency bands to the regime of full accessibility, given that:

• According to the received responses, interest in additional spectrum is generally focused on Zones 1, 2 and 3², with a requested amount of 2x56 MHz per zone;
   
• the recovery of the rights of frequency use results from Stage I;
   
• Spectrum was released further to the cancellation of TELEWEB, S.A.'s license;
   
• A certain amount of spectrum was foreseen for network expansion in the scope of the FWA licenses granted in 2000.

As a result, by determination of 21 April 2006 of the Board of Directors, ICP-ANACOM allocated the right to additional frequencies in the 24.941-24.997GHz/25.949-26.005GHz band to Vodafone.