BROADBAND DATA TRANSMISSION WITH WIRELESS ACCESS DEVICES

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1 Information Paper BROADBAND DATA TRANSMISSION WITH WIRELESS ACCESS DEVICES (RLAN, WiFi, WMAN, WiMAX,...) Third Edition Budapest, 11 th November 2009

2 Professor János Grad Office of the National Communications Authority 1386 Budapest, P.O. Box 997 Budapest, District 13, Visegrádi u

3 Table of Contents 1. Scope a) Frequency bands subject to regulation b) Regulatory changes 2. Broadband access systems 3. Regulatory status a) Wireless applications exempted from individual licensing b) Obligation of service registration c) Obligation of equipment type registration d) Classification e) Wireless service/wireless application priority 4. RLAN use in the 2.4 GHz band a) General use of the band and its interference conditions b) The use of the 2.4 GHz band for telecommunications c) Operational conditions d) Regulatory status e) Conditions for operation in a harmonized band f) Classification into categories and equipment notification 5. Point-to-multipoint structures as well as WMAN and WiMAX use in the 3.5 GHz band a) Rules for band usage b) Regulatory status of the frequency band c) International convention on coordination along the border d) Allotment of frequency bands e) WMAN and WiMAX in the 3.5 GHz band f) Power regulation 6. RLAN use in the 5.2 GHz band 7. RLAN and WMAN use in the 5.6 GHz band a) Operational conditions b) Band use characteristics GHz band usage a) Temporary prohibition of WiMAX use b) Current use of the band

4 Appendices Appendix 1 Provision of electronic communications services Appendix 2 Placing of broadband wireless access equipment on the market Appendix 3 Putting into service and use of wireless access equipment Appendix 4 Market surveillance Appendix 5 Recommendation for the limited use of wireless access systems in the 5.6 GHz band Appendix 6 Denominations of broadband wireless access systems Appendix 7 Technical, procedural and organisational abbreviations Appendix 8 International documents on technical regulation Appendix 9 Relevant statutory provisions in force Appendix10 Extract from the interpretative provisions of the Act on Electronic Communications (Eht.)

5 5 1. Scope This Information Paper gives guidance on the placing on the market, putting into service and use of broadband wireless access equipment as well as on the services provided with such equipment, on market surveillance procedures and on the most important laws relevant to the subject. a) Frequency bands subject to regulation The regulations described in this Information Paper are applicable to the frequency bands set forth in Table 1 as follows: Table 1 Frequency bands subject to regulation Band Frequency range Typical application 2.4 GHz 2400 to 2483,5 MHz WiFi 3.5 GHz 3410 to 3494 / 3510 to 3594 MHz WiMAX 5.2 GHz 5150 to 5350 MHz WLAN 5.6 GHz 5470 to 5725 MHz WLAN b) Regulatory changes The previous edition of this Information Paper was published on the 1 st of October The number of recent regulatory changes introduced since that date has justified its restructuring and re-issuing. The most important changes that occurred within the scope of the Information Paper can be summarized as follows: (1) Indoor base stations operating in the 3.5 GHz band had formerly been subject to individual radio licenses. According to the new rules in effect, the indoor base stations of the 3.5 GHz point-to-multipoint systems are no longer subject to individual radio licensing obligation for those companies with spectrum licences in the given frequency band, thus making indoor base stations also exempt from frequency fees as is the case with end-user stations.

6 6 (2) The indoor base stations defined in point (1) above also include the base stations of femtocells. According to the new rules, the use of 3.5 GHz femtocells has also become possible. The installation and use of such femtocells will now be exempt from individual radio licensing and fee payment obligations. (3) Networks in the 3.5 GHz band will now fall under the category of mobile service in addition to the previous fixed location service category. Whereas previously terminal equipment could only have fixed or variable locations, the use of mobile terminals has now also become possible. Applications are regulated in a technology and service neutral manner in accordance with the so-called WAPECS principle (Appendix 7). (4) In addition to the previous FDD duplex mode, now TDD duplex mode is also allowed in the 3.5 GHz band. (5) Extension of the convention on 3.5 GHz preferred blocks to Serbia. Thus, besides Hungary, all its neighbouring countries have become parties to the convention. (6) The power requirements pertaining to 3.5 GHz radio applications adopt those of Commission Decision 2008/411/EC 2. Broadband access systems Access systems: shall mean telecommunications systems where terminal stations are employed by end users, i.e. the terminal stations are end user stations as well. Broadband access systems: shall mean wireless access systems where the rate of data transmission is equal to or exceeds the (minimum) values given in Table 2 below: Table 2 Definition of broadband transmission Signal path from base station (hot-spot) to enduser station (down-stream): Signal path from end-user station to base station (hot-spot) (up-stream): min. 512 kbit/sec min. 128 kbit/sec

7 7 Remarks (1) The Hungarian technical regulation on radio communications does not specify that the discussed transmission systems must be broadband ones. If, however, a service provider intends to offer broadband access service to end users then such provider shall meet the minimum requirements for the data transmission rates, given in the above table. (2) The regulation of data transmission discussed herein does not define the content of data transmission. In a given context data transmission may include the transfer of voice, still and motion picture, process control signals or any other telecommunications information and/or a set of individual pieces of information, as well. (3) In a given context, only the transmission of digital signals is permitted. No analogue signal transmission is possible in the bands discussed. It is a consequence of the legal provisions included in the regulation (Appendix 9). (4) Transmission via the Internet is a typical and essential mode of using the band. It does not exclude, however, the possibility of applying other transmission types that cannot be characterized by Internet protocol. (5) The minimum values of the rate of broadband data transmission as listed in Table 2 are set forth in Government Decision No. 2013/2004. (I. 22.) Korm. (Appendix 9). 3. Regulatory status a) Wireless applications exempted from individual licensing obligation: These are wireless applications which do not require a resolution on frequency assignment, a radio licence, a registration by the authority in respect of the stations and/or connections used. Exemption from individual licensing shall also extend to an exemption from paying a frequency fee.

8 8 Even when exemption from individual licensing is granted, the technical norms of band use shall be adhered to, with special regard to the limitation of power specified for radiation. The licensing categories of the frequency bands discussed are shown in Table 3. Table 3 Mode of licensing Band Frequency range Individual licensing 2.4 GHz 2400 to MHz Exempted 3.5 GHz 3410 to 3494 / 3510 to 3594 MHz Obligatory 5.2 GHz 5150 to 5350 MHz Exempted 5.6 GHz 5470 to 5725 MHz Exempted 5.8 GHz 5725 to 5875 MHz Exempted b) Obligation of service registration: When a radio connection is used for service provision, this service may be provided only such (natural or legal) person and/or business association without legal entity that has been registered by the National Communications Authority (NCA) to provide the given service. Service notification is obligatory even if the given radio application is exempted from individual licensing obligation as regards the radio licence. The obligation of service notification is independent from the technical solution, so it relates to the provision of the service in all frequency bands. For information on service notification see Appendix 1. c) Obligation of (or exemption from) equipment type registration: In general, broadband data transmission equipment used in Hungary shall be type registered by the authorities. There is a narrow range of equipment which is exempted from such obligation. The terms and conditions of exemption have been defined by the European Union (EU). Those types of equipment are exempted from registration, which operate in the so-called harmonized frequency bands defined by the EU and satisfy the conditions for harmonized operation. For the terms and

9 9 conditions of the obligation of (and the exemption from) type registration see Table 4. Table 4 Types of registration Band Frequency range Registration 2.4 GHz 2400 to 2454 MHz Exempted 2454 to MHz Exempted/Obligatory (*) 3.5 GHz 3410 to 3494 MHz / 3510 to 3594 MHz Obligatory 5.2 GHz 5150 to 5350 MHz Obligatory 5.6 GHz 5470 to 5725 MHz Obligatory 5.8 GHz 5725 to 5875 MHz Obligatory (*) In the MHz band broadband wireless access devices with low power characteristics are exempted from the obligation of equipment type notification; however, when a specified limit value of the power characteristics is exceeded, it shall be obligatory to have the type of equipment registered. The detailed description is given in point 4. e) addressing regulation of the 2.4 GHz band. Notwithstanding the type registration of equipment, whether it is obligatory or falls under exemption, the rules for placing on the market are identical. For their informative description see Appendix 2. d) Classification: Wireless access equipment may be classified into categories of Class 1 or 2. The conditions for such classification are entirely identical with those of the obligation of (exemption from) type registration. Such equivalence is illustrated in Table 5.

10 Type registration 10 Table 5 Classification Class Exempted 1 Obligatory 2 For the regulation of placing on the market connected with the classification of equipment see Appendix 2. e) Wireless service/wireless application priority: The International Radio Regulation classifies wireless services and/or wireless applications into priority categories in terms of interference and protection against interference. The regulation of wireless access devices corresponds to the requirements raised by the International Radio Regulation. Wireless access devices have primary and tertiary priorities (no secondary priority category is applicable to them). The Government Decree ordering the National Table of Frequency Allocations (NTFA) defines the primary and tertiary priorities as follows. Station of a primary wireless service: a) shall not cause harmful interference to those radio stations of the same or other primary wireless service(s) where frequencies have already been assigned; b) may not claim protection against harmful interference caused by those radio stations of the same or other primary wireless service(s) where frequencies have already been assigned. Stations of tertiary wireless applications: a) shall not cause harmful interference to radio stations of primary and secondary wireless services; b) may not claim protection against harmful interference from other radio stations. There is a close and clear correspondence between the priority of the wireless services / applications and the mode of licensing (Table 3) which is shown in the table below.

11 11 Table 6 Priority of wireless services / applications Individual licensing Exemption Obligation Priority Tertiary Primary Table 6 shows that protection against interference can only be provided for stations falling under licensing obligation. In the lack of individual licensing obligation no protection against interference may be granted to radio use. 4. RLAN use in the 2.4 GHz band Frequency band: 2400 to MHz a) General use of the band and its interference conditions The 2.4 GHz band has been assigned for the operation of industrial, scientific and medical devices. As a typical example for its industrial use we can mention microwave ovens operating in the 2.4 GHz band in a number of households. The microwave interference radiation of industrial appliances is an essential factor determining the usage of the band. The 2.4 GHz band has also been marked out for the operation of shortrange devices (remote controls, alarm devices, etc.). Such devices further increase the uncontrollable level of interference. In this frequency band of heavy radiation loads short range radio communications is permitted too. However, we must be aware that harmful interference can always occur during the operation of telecommunications devices. The priority of telecommunications band usage is tertiary (see point 4. e). It means that the equipment may not require any protection against interference from other devices. Telecommunication in the 2.4 GHz band is popular because of its simplicity and easy implementation. Due to the extensive usage and the large number of stations the mutual interaction of telecommunications connections operating in the 2.4 GHz band have now become the primary source of interferences.

12 12 b) The use of the 2.4 GHz band for telecommunications The technical regulation specifying the band usage sets limits only for the obligatory power levels; it does not make any stipulation in respect of the technology applied, so it is technology-neutral. Any transmission application using radio communications tools can be implemented if the specifications are observed. Owing to the power limitation specification, the 2.4 GHz telecom applications can efficiently be utilized in general for a transmission range of less than 150 m. Typical applications: Bluetooth (Appendix 6), generally for a range of less than 10 m; HomeRF, generally for a range of less than 50 m; WiFi, a typical RLAN solution, which meets the requirements of the IEEE standard (Appendix 6), generally for a range of less than 150 m. The application of 2.4 GHz RLANs is advantageous mainly for indoor access systems. Although outer RLANs (that is ORLANs, Appendix 6) are not prohibited, their application in this frequency band has major drawbacks from technical aspect (according to a CEPT declaration it may be regarded as improper radio use). For outer transmission, ORLAN and WMAN devices operating in the MHz band can be recommended. c) Operational conditions Normative documents of the international regulation (Appendix 8): Decision ERC/DEC/(01)07 and Appendix 3 to Recommendation ERC/REC/ The obligatory application of the foregoing normative regulatory documents in Hungary is ordered by law (Decree 35/2004. IHM, Appendix 9). The technical regulation says the following for the 2.4 GHz broadband access systems: Operational conditions for radio stations used in the MHz frequency band: EIRP maximum: Spectral power density for FHSS: for a system other than FHSS: 100 mw max. -10 dbw/100 khz max. -20 dbw/1 MHz

13 13 Data transmission rate specified for equipment: min. 250 kbit/s Antenna: integrated (no antenna connector) or dedicated (an external antenna which is the accessory of the equipment). The operational conditions do not include specification for channel spacing and duty cycle, since neither the Hungarian nor the European regulations impose any restriction on such values. Remarks (1) The significant parameters for band usage are also specified by harmonized standard MSZ (Appendix 8). However, the harmonized standard does not include additional specifications. The parameter values given in it are identical with the relevant values specified in the foregoing two ERC documents. (2) A system other than FHSS as defined in the above specification may be the DSSS system or lately the OFDM systems that have been tried and tested in the 5 GHz technology. (3) For the explanation of abbreviations EIRP, FHSS, DSSS and OFDM see Appendix 7. (4) The above technical specification is technology-neutral. Many types of equipment compliant with different standards meet the technical specification, such as the applications (Bluetooth, HomeRF and WiFi) referred to in point b) above.

14 14 (5) The widely used WiFi fulfils the IEEE standard specifications. The channel spacing is defined in this standard as per the table given below. Table 7 WiFi channels Channel number Frequency MHz Channel number Frequency MHz d) Regulatory status (1) The stations are exempted from the obligation of individual licensing (point 3.a). Their operation is not conditional upon a radio licence and nor shall a fee be paid. (2) The radio application priority is tertiary: the equipment of the stations may not claim protection against harmful radio interference from other devices. e) Conditions for operation in a harmonized band In terms of harmonized operation the band includes two frequency ranges: 2400 to 2454 MHz, 2454 to MHz. (1) Operation is harmonized in the MHz band when the operational conditions are met. (2) In the MHz band operation is harmonized with low power characteristics, but above a certain power level nonharmonized operation shall be defined. Powers separating the harmonized and non-harmonized operational range are as follows: EIRP: 10 mw

15 15 Power density for FHSS: for a system other than FHSS: -20 dbw/100 khz, -30 dbw/1 MHz. Harmonization is fulfilled if both features of power type remain below the respective limit value. Figure 1 Frequency range of harmonized operation It has to be noted that the fulfilment of operational criteria specified for data rate and the antenna is always a condition for the operation in a harmonized band. f) Classification into categories and equipment notification Class 1: those types of equipment shall be classified into this category where the operational parameters are in full compliance with the conditions specified for operation in a harmonized band (Figure 2a). Class 2: those types of equipment shall be classified into this category where the operational parameters do not satisfy without exception or fully the conditions specified for operation in a harmonized band, but the conditions for operation are fulfilled in every respect (Figure 2b). Equipment failing to fulfil in any respect the conditions for operation may not be classified into any category and therefore may not be placed

16 16 Figure 2 Class 1 and 2 equipment In the course of placing equipment on the market the differences between the two types of classes are the following: Class 1 equipment: no marking of classification is needed. Equipment types in class 1 are exempted from the obligation of being registered by the authorities. Class 2 equipment shall be provided with a classification marking. Such marking shall be indicated in the instructions for use/operation and on the packaging of the equipment. In addition, class 2 equipment shall be notified to the authority and shall be entered into the type registration of the authority. Notwithstanding these differences, the procedure for placing on the market is the same for all equipment. The detailed description of the procedure is given in Appendix 2.

17 17 5. Point-to-multipoint structures as well as WMAN and WiMAX use in the 3.5 GHz frequency band Frequency bands: 3410 to 3494 MHz and 3510 to 3594 MHz. a) Rules for band usage The 3.5 GHz frequency band may be used for establishing electronic communications networks in the framework of fixed location and mobile service. The systems thus established may have any structure whatsoever. As this band had been declared by WiMAX Forum (an international organisation) as a WiMAX band, its typical users include WiMAX systems and those of WiMAX characteristics, yet without WiMAX licenses. We should note that the World Radiocommunications Conference 2007 (WRC-2007) declared the 3.5 GHz band as a so-called IMT band (Appendix 7), while the Radio Assembly (RA) (Appendix 7) adopted a resolution to include WiMAX in the IMT equipment category. (The IMT category also includes GSM and UMTS systems.) The 3.5 GHz band is divided into five bidirectional (duplex) blocks. There is a 3.5 MHz wide limit band between each block of 14 MHz bandwidth (Table 8 and Figure 3). There is no restriction for channel spacing and channel bandwidths within the particular blocks, the technical and access solutions used for implementation of wireless communications systems. Maximum permissible radiated EIRP density of the stations: 14 dbw/mhz.

18 18 Table 8 Block allotment (allocation) of the 3.5 GHz band Signal path: terminal base station Signal path: base station terminal Block Separation Block Separation Block Separation Block Separation Block Figure 3 Block allotment of the 3.5 GHz band

19 b) Regulatory status of the band 19 (1) Both fixed and mobile service stations (such as mobile WiMAX) may be installed and operated. The terminal stations of the fixed service may either have fixed or variable locations. Fixed systems that (may also) have terminal stations with variable locations are normally called nomadic systems. (2) The central or base stations of point-to-multipoint systems (including WMAN and WiMAX systems) installed outdoors are subject to individual licensing. Those authorized to use the frequency may operate the central or base stations with individual radio license. Individual license shall be obtained for the operation of relay stations as well. The terminal stations of the systems are exempt from licensing and in connection with them there is no obligation for notification or registration. (3) The central or base stations of point-to-multipoint systems (including WMAN and WiMAX systems as well as femtocell systems) installed indoors are exempt from the obligation of individual licensing. Consequently, base stations installed indoors are not subject to the payment of frequency fees either. It should be noted, however, that the option of free installation is only available to companies entitled to frequency use as set forth in Table 10. (4) There is a radio location frequency band adjacent to the lower range of the MHz fixed radio service band. Military organizations have entitlements to using radar equipment in the MHz band. Such high power equipment might have an interference outside the radar band radiated into the lower range of the fixed frequency band. Interference from radars shall be taken into account when 3.5 GHz radio transmission systems are selected and installed. (5) Equipment operating in this band shall always be classified into category of Class 2. For placing such equipment on the market see the procedure given in Appendix 2. As regards Class 2 equipment, a key element of the procedure is the obligation of type notification.

20 20 c) International agreement on coordination along the border The 3.5 GHz band is used in the neighbouring countries in the same way as it is done in Hungary. All seven neighbouring countries (Austria, Croatia, Romania, Serbia, Slovakia, Slovenia, and the Ukraine) and Hungary concluded an international agreement on the regulation of the 3.5 GHz p-mp systems operated in the proximity of their borderlines. The agreement regulates the permissible extent of radiation from central stations to an adjacent country. This agreement is a convention on socalled preferred blocks. The band is divided into 7 MHz segments. It includes preferred and non-preferred segments with the following regulation. Every segment which is preferred from Hungary s point of view is non-preferred from the given neighbouring country s point of view. The power relations of preference and non-preference are as follows: Preferred segment: Radiation through the country s borderline is such that the maximum value of spectral power flux density (pfd) in the area of the neighbouring country at a distance of 15 km from the frontier is as follows: Max. pfd = -122 dbw/m² Non-preferred segment: Radiation through the country s borderline is such that the maximum value of spectral power flux density (pfd) along the frontier line is as follows: Max. pfd = -122 dbw/m² If more than one station radiate simultaneously, the above limit values should apply to the resultant spectral power flux density. In accordance with this international agreement Hungary s preferred and non-preferred segments vis-à-vis the neighbouring countries involved in the convention are shown in Table 8. The international convention on preferred blocks between Hungary and the remaining neighbouring country, Serbia is under preparation. If the conditions specified in point 5a are also met and the pdf values remain below the given limit, no international coordination process has to be conducted with the neighbouring country. However, if the conditions specified in point 5a are not met and the pfd values exceed the limits laid down in the international agreement, the operator subject to licensing must submit to one of the following obligations:

21 21 (1) The operator implements modifications to ensure that its network complies with the requirements stipulated in point 5a; or (2) The operator requests the National Communications Authority to conduct an international coordination process. If the neighbouring country/countries involved in such international coordination accept the use of pfd values higher than the limit values, than the Authority will issue the wireless licence in respect to the station(s) named in the request.

22 Table 9 Hungary s preferred block conventions in the 3.5 GHz band Segment Frequency [MHz] Double borders AUT SVK SVN SRB HRV UKR ROU AUT SVK AUT SVN SRB HRV Triple borders pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr pr Legend: Country abbreviations: Hungary s preference in relation to the other country: pr AUT Austria Hungary s non-preference in the given relation: HRV Croatia ROU Romania SRB Serbia SVK Slovakia SVN Slovenia UKR Ukraine HRV SVN SVK UKR ROU UKR ROU SRB

23 d) Allotment of frequency bands 23 The blocks were allotted on 11 June 2001 through a frequency auction process. Five telecom providers were given a license entitling them to using the given frequency for a period of 15 years, as shown in Table 10. Table 10 Companies entitled (licensed) to use blocks of the 3.5 GHz band Block 1 Block 2 Block 3 Block 4 Block 5 Frequency bands 3410 to 3424 MHz 3510 to 3524 MHz to MHz to MHz 3445 to 3459 MHz 3545 to 3559 MHz to MHz to MHz 3480 to 3494 MHz 3580 to 3594 MHz Licensee Invitel GTS Hungary Antenna Hungary Hungarian Telecom Pantel In accordance with the WAPECS principle (Appendix 7), frequency use licenses as regards the blocks may be sold or transferred to other users. Such transfer may only involve entire national blocks. The transfer of license (assignment) may only involve entire national blocks, with no geographical or frequency division thereof. Any assignment must be reported to the Radio Licensing Department of the National Communications Authority. Since the frequency auction in 2001, the following changes have taken place in the ownership structure of the companies entitled to the use of the 3.5 GHz band: Invitel and Pantel have been acquired by HTCC (Hungarian Telephone and Cable Corp.), thus having the same owner now. T-Mobil, a public mobile operator has become an integrated part of Hungarian Telecom, thus getting access to Block No. 4.

24 24 The licensees can utilize their own 2x14 MHz block at their discretion. The utilized bandwidth can be increased if a licensee decides to use also the frequency band allocated for separation (limit band) with respect to specific stations. For doing so, however, the consent of the licensee(s) of the adjacent block(s) (i.e. coordination) is required. The bandwidth can be increased through coordination to 2x17.5 MHz and 2x21 MHz in the two outer and three inner blocks, respectively (Figure 4). Figure 4 Bandwidths available for licensees The holder of a frequency licence may assign its entitlement to other parties. It means that the licensee may as well transfer its total nationwide block utilization license (and thereby its entitlement shall cease to exist). e) WMAN and WiMAX use in the 3.5 GHz band The use of 3.5 GHz point-to-multipoint (PMP) wireless structures is technology-independent. Thereby the possibility is also given to implement PMP networks in compliance with IEEE standard and/or with the ETSI HiperMAN standard. In this way, the licensees may also establish WMAN networks in the 3.5 GHz band. The 3.5 GHz band is declared as a WiMAX band. When the profile requirements are met (Appendix 7) also a WiMAX can be implemented. WMAN and WiMAX in the 3.5 GHz band can either be used in FDD or TDD duplex mode (Appendix 7). It should be noted that mobile WiMAX is only possible in TDD duplex mode.

25 25 Since outdoor installation and use is subject to licensing in the 3.5 GHz band, the WMAN and WiMAX networks implemented in it shall also fall under licensing obligation. In particular, this is the reason for the high importance of the 3.5 GHz WiMAX utilization. Namely, no guarantee on quality can be given for any band of free access; for such guarantee a frequency band subject to licensing is required. The WiMAX systems in the 3.5 GHz band can be either fixed or nomadic ones or suitable for mobile use (point 5b). f) Power regulation The use of the 3.5 GHz band for fixed, nomadic and mobile systems is provided for in detail in the Annex of Commission Decision 2008/411/EC. Hungary has adopted the EU legislation in its entirety. Details of power regulation. Maximum power to be transmitted to the antenna (according to RR 21.5): 13 dbw. Maximum radiated EIRP density at outdoor base stations and at the side directed to terminals in the repeater stations: 23 dbw/mhz; at the side directed to the base station in the repeater stations: 20 dbw/mhz; at outdoor terminal stations: 20 dbw/mhz; at indoor terminal stations: 12 dbw/mhz; at mobile terminal stations: 5 dbw/mhz. For the EIRP density values, tolerances and the ATPC range must also be taken into consideration. EIRP density values in excess of the above limits may only be authorised if appropriate mitigation techniques are applied, which offer at least an equivalent level of protection to that provided by the above limits. For out-of-block emissions, block edge mask characteristics for fixed stations Unless otherwise provided for by the agreement between the licensees of adjacent blocks, the block edge mask requirements set forth in Table 11 must be met.

26 26 Table 11 Block edge mask characteristics Frequency offset Maximum EIRP density of the base station [dbm/mhz] ІΔFІ = < ІΔFІ < A 6 41 ( ІΔFІ /A) ІΔFІ = A 47 A < ІΔFІ < B (( ІΔFІ A)/(B A)) ІΔFІ B 59 Where ІΔFІ is the absolute value of the relative frequency offset (expressed in percentages) from the edge of the assigned block. Such relativity relates to the assigned block and its bandwidth. If the licensee of the block also applies the separation set forth in Table 8 or a part thereof, than the block including the extra bandwidth must be regarded as the assigned block. If two adjacent assigned blocks are of unequal size, the block edge mask requirements applicable to the smaller one must be met by the block of greater bandwidth. Parameters A and B are constants: A = 20%, B = 35%. Output power densities are set forth in Figure 5. Frequency offset ΔF is relative to the block bandwidth, where block bandwidth B means ΔF = 100% relative frequency offset. The requirements of out-of-block emissions are to be considered from the block edges are the same for right and left block edges. The power relations of block edge emissions are shown in Figure 6. Figure 6.a shows the right block edge from where the relative frequency offset ΔF is to be measured. The requirements for the left edge of the block are the same as those for the right edge, with the shape of the emission mask being also equal, yet in that case relative frequency offset ΔF is to be calculated from the left block edge (see Figure 6.b).

27 27 Figure 5 The shape of block edge emission Figure 6 Right and left block edge masks

28 28 6. RLAN use in the 5.2 GHz band Frequency band: 5150 to 5350 MHz Broadband data transmission access systems may use the 5.2 GHz band only for indoor applications. Any outdoor application is forbidden. Normative documents of international regulations (see Appendix 8): Commission Decision 2005/513/EC Commission Decision 2007/90/EC Decision ECC/DEC/(04)08 and Appendix 3 to Recommendation ERC/REC/ In the case of any conflict whatsoever between the provisions of the Commission Decisions and those of any other regulatory documents, the provisions of the Commission Decision shall prevail. The obligatory application of the foregoing regulatory documents in Hungary is ordered by law (Decree 35/2004. IHM, see Appendix 9). The harmonized standard MSZ EN , the application of which is ordered by Decision ECC/DEC/(04)08, also belongs to the documents of normative regulation. However, this harmonized standard does not introduce new elements; it applies the terminology of standardization to the very same essential requirements that have already been ordered by Decision ECC/DEC/(04)08. Table 12 RLAN technical regulation in the 5.2 GHz band Max. EIRP MHz MHz 200 mw (with operating TPC) 100 mw (without operating TPC) Max. EIRP density 0.25 mw/25 khz 200 mw DFS Not necessary Obligatory TPC Not necessary Obligatory In terms of the essential requirements, the 200 MHz wide band must be divided into two sub-bands of 100 MHz each, however, the two subbands are subject to different regulation (Table 12).

29 29 The following regulation applies to the overall frequency band of 5150 to 5350 MHz: (1) The stations are exempted from the obligation of individual licensing (point 3a). Their operation is not conditional upon a radio licence and nor shall a fee be paid. (2) The radio application priority is tertiary: the equipment of the stations may not claim protection against harmful radio interference from other devices. (Since the RLAN usage is limited to indoor applications and the probability of inner interference is extremely low, real interference hardly ever occurs in practice.) (3) Equipment operating in this band shall always be classified into category of Class 2. For placing such equipment on the market see the procedure given in Appendix 2. As regards Class 2 equipment, a key element of the procedure is the obligation of type notification. 7. RLAN and WMAN use in the 5.6 GHz band Frequency band: 5470 to 5725 MHz Within the scope of the broadband access systems designed for data transmission, the use of the 5.6 GHz band is permitted for both indoor and outdoor applications. In general, RLAN equipment is used for indoor applications. The RLANs (ORLANs) and WMANs are typical means for outdoor use. a) Operational conditions Normative documents of international regulations (see Appendix 8): Commission Decision 2005/513/EC Commission Decision 2007/90/EC Decision ECC/DEC/(04)08 and Appendix 3 to Recommendation ERC/REC/70-03, and Harmonized standard MSZ EN In the case of any conflict whatsoever between the provisions of the Commission Decisions and those of any other regulatory documents, the provisions of the Commission Decision shall prevail.

30 Parameters of technical regulation: 30 Max. EIRP = Max. EIRP density = DFS and TPC = 1 W (with operating TPC) 0,5 W (without operating TPC) 50 mw/1 MHz (with operating TPC) 25 mw/1 MHz (without operating TPC) Obligatory Additional rules: (1) The stations are exempted from the obligation of individual licensing (point 3a). Their operation is not conditional upon a radio licence and nor shall a fee be paid. (2) Radio application priority is tertiary in the 5.6 GHz frequency band. Consequently it is forbidden that RLAN and/or WMAN equipment cause harmful interference to meteorological radars of first priority operating in the MHz band; RLAN and WMAN equipment must be able to tolerate any harmful interference generated by other equipment, in particular o radiation (emission) of meteorological radars in the MHz band and o radiations from other RLAN and WMAN systems operating in their environment. (3) Equipment operating in this band shall always be classified into category of Class 2. For placing such equipment on the market see the procedure given in Appendix 2. As regards Class 2 equipment, a key element of the procedure is the obligation of type notification. b) Band usage characteristics (1) The technical specifications for the MHz band are technology-neutral, so the application of any technology is permissible. (2) Practical solutions show that only equipment of OFDMA access system is placed on the market, although in principle other solutions may also be used.

31 31 (3) WMAN equipment is often (incorrectly) called WiMAX. The MHz equipment is unable to fulfil the requirements for WiMAX profile, since its frequency band is out of the range defined by this profile. No equipment operating at the 5.6 GHz frequency may be given a WiMAX identifier. Despite the colloquial use of the term, MHz WMAN equipment do not pertain to the WiMAX category. (4) The three meteorological radars operating in Hungary may cause interference to outdoor RLAN (ORLAN) and WMAN equipment installed in their geographical proximity. In order to eliminate such legal interference, the RLAN and WMAN equipment should practically not use those MHz channels. Practical experience shows that the ORLAN and WMAN equipment in the MHz band can interfere with meteorological radars. Such interference is strictly forbidden! If any such interference is detected, the authority takes steps to eliminate it and may as well suspend the operation of the interfering ORLAN or WMAN station. Such bidirectional interference can be prevented by banning the MHz band channels of the ORLAN and WMAN equipment in the vicinity of the meteorological stations. For a detailed description see Appendix GHz band usage Frequency band: 5725 to 5875 MHz a) Temporary prohibition of WiMAX use This frequency band will be reserved at international level for licensefree WiMAX operation. At present, it is utilized for the purposes of other types of devices (point 8b). A precondition for WiMAX use is a so-called compatibility test during which the possibilities and conditions for the coexistence of the two types of wireless applications will be examined. It is known that standards IEEE and ETSI HiperMAN regulating the WiMAX operation specify a modulation and access mode according to OFDM/OFDMA system, which is quite an oversized (robust) process for the protection against low-level interferences. Such system does not necessarily give protection against high-level interferences, as demonstrated by compatibility tests.

32 32 If the outcome of the compatibility test shows that the band can be assigned for WiMAX equipment (perhaps under certain conditions), then the regulatory status of the WiMAX usage will be as follows: Radio service priority is tertiary, so no WiMAX equipment is given a protection against interference. WiMAX is exempted from the obligation of individual licensing, so the WiMAX stations may operate without a radio license and without paying a frequency fee. The WiMAX equipment falls in Class 2. It means, among other things, that these types of equipment shall be notified to and registered with the authorities pursuant to Appendix 2. b) Current use of the band The use of the 5725 to 5875 MHz band incorporates three commercial applications and a military application: (1) Industrial - Scientific Medical devices (ISM). This range of applications is common all over the world. The compatibility between WiMAX and ISM equipment has been internationally tested. The interferences induced by ISM are low, compatibility is appropriate in the WiMAX relation. (2) ó Small Range Devices (SRD). This range of applications covers Europe. The compatibility between WiMAX and SRD devices has been internationally tested. The interferences induced by SRD are low, compatibility is appropriate in the WiMAX relation. (3) Spread spectrum point-to-point radio relays. Hungary is the only country in Europe to use such application. This application is intended to establish connections over large water surfaces, which can be implemented free of fading by spread spectrum (DSSS) transmission or by way of OFDM modulation (Appendix 7). Such radio relays are used by commercial service providers and government agencies as well as by military organisations.

33 33 The point-to-point transmission may only be assigned to systems of spread spectrum or OFDM modulation (see Appendix 7). In case of systems of spread spectrum, the signal processing gain of the connections shall be at least 10 db. The permissible maximum radiated power of the transmitting radio stations, in terms of EIRP (see Appendix 7), depends on the L distance to be spanned by the point-to-point radio relay, according to the following relationships: If L 30 km, then EIRP maximum = 21 dbw If L < 30 km, then EIRP maximum = ( L) dbw (4) Military applications: Radars. Experience of international compatibility tests shows existence of incompatibility between WiMAX and radar equipment of certain types. WiMAX equipment operated in the 5725 to 5850 MHz band can make harmful interference disturbing the operation of military radar equipment of certain categories. Therefore, one can state with respect to NATO member states of continental Europe (including Hungary) that WiMAX may not be used, for the time being, within the said frequency band. This situation shall prevail until the incompatibility problems between civil and military systems are removed.

34

35 35 Appendices

36

37 37 Appendix 1 Provision of electronic communications services Pursuant to Article 76 (1) of Act C of 2003 (hereinafter referred to as: Eht.), electronic communications services may be provided only after having submitted a notification to be registered by the authority. Any natural person or legal entity or business organization without legal entity shall be entitled to provide electronic communications services on the basis of the notification thereof to the authority pursuant to Article 9 (1) of the Eht. The electronic communications service provider shall simultaneously notify the Technical Directorate of the National Security Agency (1399 Budapest 62, PO Box 710/13) of the content of said notification and thereafter, by the date specified in a separate law, arrive at an agreement with the National Security Service on the conditions of gathering intelligence information and the means and methods of the covert acquisition of data. See Article 76 (8) of the Eht. The notifiers of Internet access and/or provision services shall attach the topology of their systems to their letters of notification sent to the National Security Service. Upon launching and providing such services, the provisions of Government Decree No. 180/2004. (V.26.) Korm. on the order of cooperation by and between organizations fulfilling electronic communications tasks and organizations empowered to gathering intelligence information and using methods needed for the covert acquisition of data shall be taken into account. Additional information on such registration is available on the website of the National Communications Authority:

38 (1) Network agreement 38 The provision of Internet services using means of radio communication (e.g. RLAN, WMAN, WiMAX) must be preceded by the conclusion of a network agreement to be signed by the service providers concerned and drafted in accordance with the provisions of the relevant legislation (see Article 88 (1) of the Eht.). Any network agreement between an entity pursuing electronic communications activities and another service provider controlled by it, controlling it or being controlled together with it, concluded subsequent to the entry into force of this Act, shall be submitted by the parties to the authority with a view to provide information, within 15 days from the conclusion of such agreement (see Article 88 (3) of the Eht.). The monitoring of compliance with the contents of the network agreement shall constitute part of the Authority s market surveillance activity. (2) Subscription contract The electronic communications service provider that provides subscriber services shall draw up its general terms and conditions of contract for subscriber services. The key rules for that are as follows: The general terms and conditions of contract shall be incorporated in writing [see Article 130 (1) of the Eht.]. The service provider shall make its general terms and conditions of contract and their extract available at its customer service and/or on its Internet website. The service provider shall make its general terms and conditions of contract and its extract available to its subscribers free of charge [see Article 130 (2) of the Eht.]. The general terms and conditions of contract shall be published in the event of every amendment thereof 30 days prior to the entry into force of such amendment, at the service provider s customer service and/or on its website free of charge and it shall be submitted to the authority. Apart from sending the amendment to the authority, the service provider shall not have the duty to apply the provisions of this paragraph to those amendments of the general terms and conditions of contract when such amendment becomes necessary because of the introduction of a new service and the amendment does not affect the general terms and conditions of contract applicable to the services already provided [see Article 130 (3) of the Eht.]. The authority shall regularly check the legality of the general terms and conditions of contract as part of its market surveillance activity [see Article 130 (4) of the Eht.].

39 39 The service may be provided only pursuant to the relevant legal provisions and the general terms and conditions of contract [see Article 68 (3) of Eht.]. Notification of interfaces used shall be made pursuant to Decree 9/2004. (IV.22.) IHM [see Article 82 (1) of the Eht.]. The frequency bands provided by radio devices and exempted from individual licensing obligations are of tertiary nature. No reconciliation obligation is applicable to the installation of stations, therefore, there is a potential danger of interference, particularly in the densely deployed outer networks. It is absolutely essential that service providers using such devices draw their customer s attention (also for their own sake) in their subscription contract to the occasional quality constraints of their service.

40 40 Appendix 2 Placing broadband wireless access equipment on the market I. Conditions for placing on the market The rules for placing radio equipment on the market are specified by Decree 5/2004. (IV.13.) IHM. Accordingly, all equipment intended for use in Hungary shall be notified to the National Communications Authority, with the exception of those operating in the harmonized frequency bands and meeting the conditions for harmonized operation. As regards wireless access systems, the conditions for the obligation of or exemption from notification of type registration are shown in Table 2. When any equipment is subject to type registration, then the National Communications Authority examines in the course of registration whether it complies with the relevant essential technical requirements and such compliance is properly authenticated by the equipment s quality certificates. As regards the broadband radio access equipment not subjected to type registration, the entity placing them on the market shall be liable for guaranteeing that the given equipment actually operates in a harmonized frequency band and meets the conditions stipulated. In addition to the obligation of type registration (if any), the procedure of placing equipment on the market shall be uniform for both the equipment that are subject to and those that are exempted from type registration. All radio transmission equipment to be placed on the market shall meet the essential requirements and upon compliance they shall be affixed with a conformity marking (CE). The essential requirements are included, in general, in Article 80 of Act C of 2003 on Electronic Communications. The technical details of the essential requirements are described in the so-called harmonized standards, referred to in the Decree on establishing the rules for the utilization of frequency bands. These specify on an item-by-item basis the quantitative (numerical) values of limit data assigned to the technical parameters of such essential requirements. NOTE: The standards are not obligatory. Instead, only those limit parameter values shall be adhered to which are stipulated by the harmonized standards regarding the parameters of essential technical requirements.

41 41 The entity (manufacturer or importer) placing the equipment on the market within the European Union is liable for ensuring that the following things are available in a proper manner: technical documentation, declaration of conformity, instructions for use/operation, conformity marking, class identification marking (for Class 2 equipment). The requirements for the listed items are detailed as follows: 1. Technical documentation In addition to the operational documentation of the equipment, it incorporates a statement declaring that the equipment providing wireless access meets the essential requirements and describing the ways and methods for proving conformity (measuring techniques, measuring protocols). 2. Declaration of conformity It shall incorporate the following items: the name and address of the entity (manufacturer or importer) placing the equipment on the market (only an address within the European Union may be given), the fact of conformity, the accurate marking of the equipment type, the standards applied or other documents of similar function, legal references, name and identification number of certification body (if any). 3. Instructions for use/operation Among other things, the proper use of the equipment shall be described, including the following characteristics of key importance: 1. the equipment is intended for outer or inner use, 2. the kind and type of the antenna that can be used with the equipment. Wireless access equipment may only be used for their intended purpose, since the manufacturer can only guarantee seamless use as per specifications under such conditions of operation.

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