4.1. Frequency bands, technologies and types of use

In terms of the international framework, it is appropriate to mention the recent developments at an international level, especially of the EC and CEPT. In response to the EC mandate on BWA, requesting the study, in particular, of the current degree to which bands are harmonised for BWA in Europe and of the frequency bands that are most suitable for the introduction of BWA applications, the CEPT concluded essentially that:

• The development of BWA applications in the 3400-3600 MHz and 3600-3800 MHz is practicable, enabling flexible modes of spectrum use (fixed, nomadic and mobile mode)¹, based on the principle of technological neutrality, provided that it is tied to the application of a minimum set of technical parameters;
   
• The 5725-5875 MHz may be provided for the development of BWA, with basis in the principle of technological neutrality, provided that there is compliance with the technical and operational limitations, with use of frequencies being limited to fixed and nomadic modes.

On the other hand, it should be highlighted that the CEPT recently approved²:

• Decision CEPT/ECC/(07)02 on BWA applications in the 3400-3800 MHz frequency bands³. In conformity with the above, this Decision envisages the use of BWA applications in "flexible mode", i.e. fixed, nomadic and mobile, taking into account the technical considerations, duly explained in this Decision, in order to allow the implementation of this "flexible mode";
   
• Recommendation CEPT/ECC (06)04⁴ on the use of the 5725-5875 MHz frequency band for Broadband Fixed Wireless Access (BFWA). This Recommendation sets out the technical parameters for guaranteeing the coexistence between the various radiocommunications systems existing in these bands. It should be noted that the modes of use in question do not include "mobile mode".

In respect of the national framework, it should be remembered that following publication of Administrative Rule no 1062/2004 of 25 August and the consultation carried out of FWA operators for the manifestation of interest in using frequencies, a two stage action plan was defined (Stage I and Stage II).

In Stage I, having heard companies holding FWA licenses, ICP-ANACOM proceeded with the reformulation of spectrum usage rights in accordance with the model set out in the abovementioned Administrative Rule and with the interest and needs duly demonstrated by the companies. Additional spectrum requests were not considered at this stage.

In Stage II, in light of the spectrum available and the undertakings interested in it - which included undertakings already in possession of FWA usage rights as well as other undertakings not yet in the market - ICP-ANACOM will thereby define its mode of allocation.

In this context, taking into account the above and the majority of the responses received, ICP-ANACOM intends to make the 3400-3600 MHz, 3600-3800 MHz and 5725-5875 MHz frequency bands available for BWA, but with the use of the latter limited to fixed and "nomadic" mode⁵.

It should be noted that in line with Administrative Rule no 1062/2004 of 25 August, it will enable the use of allocated frequency bands with support for the respective transmission networks, provided that the technical conditions are adhered to and, in line with the responses received, ICP-ANACOM will not restrict their use to specific technology (WiMAX or any other), but subject to the concerns of minimising adjacent channel interference, especially through Block Edge Mask (BEM).

In the case of 3600-3800 MHz frequency bands, the fact that these are also allocated to the Fixed Satellite Service (FSS), especially for space-earth connections, in accordance with NFAP⁶, gives rise to a need for the adoption of specific measures⁷, not applicable to the 3400-3600 MHz frequency bands, in order to ensure coexistence between BWA and FSS applications.