Frequency Utilization Ordinance 2013 - 2013 Fnv

Original Language Title: Frequenznutzungsverordnung 2013 - FNV 2013

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Regulation of the Federal Minister for Transport, Innovation and Technology concerning the use of radio frequencies (Frequency-Use Regulation 2013-FNV 2013)

On the basis of § 52 of the Federal Law, which enacted a Telecommunications Act (Telecommunications Act 2003-TKG 2003), BGBl. I n ° 70/2003, as amended by the BGBl version. I No 96/2013, shall be arranged:

Scope

§ 1. (1) This Regulation assigns frequency ranges to individual radio services in the frequency spectrum up to 3 000 GHz, and assigns frequency uses to the frequency ranges, and to ensure efficient and trouble-free use of the spectrum. Use of the terms and conditions of use.

(2) This Regulation shall be without prejudice to

1.

the rights of radio services outside the territory of the Federal Republic of Germany according to an integral part of the International Telecommunication Treaty, BGBl. III No 17/1998, as amended by the BGBl version. III n ° 52/2010, which constitute the 'VOFunk' (Radio Service), and

2.

the obligations of the Austrian radio services on foreign radio services, which are based on VOFunk, which are operated according to VOFunk.

(3) The stipulations contain the legal framework conditions relating to the allocation of frequencies, as well as technical and operational conditions which are to be observed in the use of frequencies.

(4) In italics, entries in the spectrum use plan shall take into account international harmonisation as well as technical development and represent future frequency uses.

Definitions

§ 2. (1) This Regulation shall designate the term

1.

"radiocommunication service" means a service which comprises the transmission, transmission and/or reception of radio waves for certain purposes of telecommunications; if nothing is indicated, each of them shall refer to Annex 1 said radio service on terrestrial radio communications;

2.

"safety service" means any radio service which is permanently or temporarily perceived in order to ensure the safety of human life and the protection of property values;

3.

Fixed service means a radio service between certain fixed points;

4.

"fixed-satellite service" means a radio service between earth stations at specific locations when one or more satellites are used; the specific location may be an accurate fixed point or a fixed point, or be a fixed point within precisely designated areas; in certain cases, this radio service shall include radio links between satellites, where these radio links can also be operated in the intersatellite radio service; the fixed Radio service via satellite can also be used for other services space radio services;

5.

"Inter-Satellite Service" means a radio service for radio links between artificial satellites;

6.

Space Operation Service ("Space Operation Service") means a radio service exclusively for the operation of space vehicles, in particular for space tracking, space measurement and remote space control; these tasks shall be performed in the the rule within the radio service in which the space station operates;

7.

"mobile service" means a radio service between mobile and stationary radio stations or between mobile stations;

8.

"mobile satellite service" means a radio service between mobile earth stations and one or more space stations, or between space stations used for this radio service or between mobile earth stations via one or more space stations; this radio service may also include the feed connections necessary for its perception;

9.

"Land mobile service" means a mobile radio service between fixed and mobile land radio stations or between mobile land radio stations;

10.

"Mobile Land Mobile-Satellite Service" means a mobile radio service via satellites, in which the mobile earth stations are located on land;

11.

"Mobile Seefuning Service" means a mobile radio service between coastal stations and seefuncture sites or between seefuncture sites or between assigned radio stations for radio traffic on board; rescue equipment radio stations and Radio beacons for the identification of the emergency position may also participate in this radio service;

12.

"Mobile sea mobile satellite service" means a mobile radio service by means of satellites in which the mobile earth stations are on board a vessel; rescue equipment radio stations and radio beacons shall be used for the purpose of carrying out the operation of the satellite. Identification of the emergency position may also take part in this radio service;

13.

"Mobile air service" (Aeronautical Mobile Service) means a mobile radio service between ground radio stations and radio stations or between radio stations where rescue equipment radio stations may also participate; radio beacons to identify the Emergency positions shall also be allowed to participate in this radio service at specified emergency frequencies;

14.

"Mobile air service (R)" [Aeronautical Mobile (R) Service] means a mobile radio service which is responsible for the safety and regularity of flights, mainly on national or international civil aviation routes is reserved;

15.

"Mobile air service (OR)" [Aeronautical Mobile (OR) Service] means a mobile radio service which is intended for radio traffic, including traffic for flight coordination, primarily outside of national or international civil service. Air transport routes are provided for;

16.

"mobile satellite service" means a mobile radio service via satellite, in which the mobile earth stations are on board aircraft; radio stations and radio beacons are available for the purpose of carrying out the operation. Identification of the emergency position may also take part in this radio service;

17.

"Mobile service via satellite (R)" [Aeronautical Mobile-Satellite (R) Service] means a mobile radio service by means of satellites, which is primarily responsible for the safety and regularity of flights, mainly on national or national level. international civil aviation routes;

18.

"Mobile air service via satellite (OR)" [Aeronautical Mobile-Satellite (OR) Service] means a mobile radio service via satellites for radio traffic, including traffic for coordination of flights, mainly outside national or international civil aviation routes;

19.

"broadcasting service" means a radio service, the transmissions of which are intended for direct reception by the general public; this radio service may include audio programmes, television programmes or other types of broadcasts;

20.

"Broadcasting-Satellite Service" means a radio service in which signals transmitted or transmitted by space stations are intended for immediate reception by the general public; in the broadcasting service, Satellites refers to the concept of "direct reception" both to the individual reception and to the Community reception;

21.

Radio-determination service (Radio-determination Service) is a radio service for the purpose of radio-tracking;

22.

Radio-determination-Satellite Service ("Radio-Satellite Service") means a radio service for the purpose of radio location, in which one or more space stations are used; this service may also be used for the purpose of operating the radio service; feed-in connections;

23.

"Navigation Service" (Radionavigation Service) is a radio navigation service for the purposes of radio navigation;

24.

"radio navigation satellite service" means a satellite broadcasting service for radio navigation purposes; this radio service may also include the supply connections necessary for its perception;

25.

Maritime Radionavigation Service ("Maritime Radionavigation Service") is a navigation service for the safe driving of sea vehicles;

26.

"Maritime Radionavigation-Satellite Service (Maritime Radionavigation-Satellite Service)" means a satellite navigation service, in which the earth's radio stations are on board a vessel;

27.

Aeronautical Radionavigation Service ("Aeronautical Radionavigation Service") means a radio navigation service for the purpose of the safe driving of aircraft;

28.

"Aeronautical Radionavigation-Satellite Service" means a satellite navigation service, in which the earth's radio stations are on board aircraft;

29.

"Non-navigational Radio Service" (Radiolocation Service) is a radio-location service for the purposes of non-navigating radio location;

30.

"Non-navigational Radio Location-Satellite Service" means a satellite broadcasting service for the purposes of non-navigable radio-location;

this radio service may also include the dietary connections required for its perception;

31.

"Weather Assistance Service" (Meteorological Aids Service) is a radio service for observations and surveys in the field of meteorology, including the water sector;

32.

"Earth Exploration-Satellite Service" means a radio service between earth stations and one or more space stations, which may also include radio links between space stations, and in which:

a)

information on the properties of the Earth and natural phenomena of the same, including data on the state of the environment, with the aid of active sensors or passive sensors, which are on board Earth satellites,

b)

similar information is obtained from probes located in aircraft or on the earth's surface;

c)

these data may be transmitted to ground radio stations belonging to the same radio system,

d)

the probes can also be interrogated;

this radio service may also include the dietary connections required for its perception;

33.

"meteorological satellite service" means a radio communications service via satellite for the purposes of the meteorological service;

34.

"Standard Frequency and Time Signal Service" means a radio service, in the case of frequencies, time signs or both at the same time fixed, for scientific, technical and other purposes. the accuracy of the transmission, and the transmission of the external transmission for the general reception;

35.

"Standard Frequency and Time Signal-Satellite Service" means a radio service serving the same purpose as the normal frequency and time-sign radio service, but in the case of which it is used for such purposes. space radio stations shall be used on board earth satellites; this service may also include the supply connections necessary for its perception;

36.

Space Research Service (Space Research Service) is a radio service where space vehicles or other space bodies are used for scientific or technical research;

37.

"amateur radio service" means a radio service which is carried out by radio amateurs for their own training, for the traffic of the radio amateurs among themselves and for technical studies; radio amateurs are duly empowered persons who: are concerned with radio technology from a purely personal inclination and not of economic interest;

38.

"amateur radio service (amateur satellite service)" means a radio service serving the same purpose as the amateur radio service, in which, however, space radio stations are used for these purposes on board earth satellites;

39.

Radio Astronomy Service (Radio Astronomy Service) is a radio service for radio astronomy purposes.

40.

"civil/non-civil" means that parts of the frequency range in question are not available for civil use;

41.

"non-civil" means that the frequency range in question is not available for civil use;

42.

"usage restrictions" means restrictions to ensure efficient and uninterrupted use of spectrum;

43.

"Other applications" Applications of electromagnetic waves, which are not radio applications, but where there is a possibility of interference between the other application and the radio application, or applications of electromagnetic waves with High frequency band width and low spectral radiative power density of -41.3 dBm/MHz maximum mean e.i.r.p. density or 0 dBm/50 MHz maximum peak e.i.r.p. density (Ultra Wideband applications)

45.

"Professional use of PMSE (audio)" means those PMSE applications for the provision of a commercial service.

(2) In this Regulation, the abbreviation shall mean:

1.

(R) scheduled flights (route);

2.

(OR) other flights as scheduled flights (off-route).

3.

"BOS" authorities and organisations with security responsibilities;

4.

"CB-Funk" Jedermannfunk in the 27-MHz range;

5.

"CEPT" European Conference of Postal and Telecommunications Administrations (European Conference of Postal and Telecommunications Administrations);

6.

"DECT" Digital Enhanced Cordless Telecommunications System (Digital Wireless Telecommunications System);

7.

"DGPS" Differential Global Positioning System (Radio location system with correction signal transmission);

8.

"DME" Distance Measuring Equipment (distance measuring devices in the air service);

9.

"DSC" Digital Selective Calling (Digital Selective Call);

10.

"DRM" Digital Radio Mondiale (narrowband digital broadcasting system)

11.

"DVB-T2" Digital Video Broadcasting-2nd Generation Terrestrial (Terrestrial Digital Television and Radio of the 2. generation);

12.

"DVB-T" Digital Video Broadcasting-Terrestrial (Terrestrial Digital TV broadcasting);

13.

"E-GSM" Extended GSM-band (extended GSM-band);

14.

"ELT" Emergency Locator Transmitter (transmitter for identification of the emergency position in the air service);

15.

"ENG/OB" Electronic News Gathering/Outside Broadcasting (Electronic Reporting/Reportage);

16.

"EPIRB" Emergency Position Indicating Radiobeacon (Funkbeacon for the identification of the emergency position in the sea-level service);

17.

"ECC" Electronic Communication Committee (Committee on Electronic Communications Affairs);

18.

"ECC/DEC ....." Decision of the Electronic Communication Committee

19.

"ECC/REC ....." Recommendation of the Electronic Communication Committee

20.

"ERC" European Radiocommunication Committee (European Radio Communications Committee, predecessor organisation to the ECC);

21.

"ERC/DEC ....." Decision of the European Radiocommunication Committee

22.

"ERC/REC ....." Recommendation of the European Radiocommunication Committee

23.

"ERP" equivalent radiation power;

24.

"FSB-..." Radio interface descriptions;

25.

"GALILEO" global satellite navigation system;

26.

"GE60" regional agreement on the use of frequencies in the bands 68-73 MHz and 76-87.5 MHz by the broadcasting service on the one hand and by the fixed radio service and the mobile radio service on the other hand, Geneva, 1960;

27.

"GE75" Final Act of the Regional Administrative Conference for the Long-wave Broadwave Radio Geneva, Geneva, 1975;

28.

"GE84" Final Act of the Regional Administrative Conference for the Planning of the VHF Radio Radio, Geneva, 1984;

29.

"GE85" Final Act of the Regional Administrative Conference for the Planning of the movable Seefuncture and air navigation service in the mid-wave range (Region 1), Geneva, 1985;

30.

"GE06" Final Act of the regional radio conference on the planning of digital terrestrial broadcasting in parts of regions 1 and 3 in the television bands 174-230 MHz and 470-862 MHz, Geneva, 2006;

31.

"GLONASS" Global satellite navigation system;

32.

"GMDSS" Global Maritime Distress and Safety System (Global Maritime and Safety System);

33.

"GMPCS" Global Mobile Personal Communications by Satellite (global mobile satellite-based communication system)

34.

"GPS" Global Positioning System (Global Navigation Satellite System);

35.

"GSM" Global System for Mobile Communications (Global Mobile Communications System);

36.

"ILS" instrument landing system (instrument landing system);

37.

"IMT" International Mobile Telecommunications (IMT);

38.

"ISM" Industrial, Scientific, Medical (Industrial, Scientific and Medical Applications);

39.

"ITU" International Telecommunication Union (ITU);

40.

"KW-Recommendations of the Danube Commission, 2001" Recommendations for the radio traffic in the Danube waterway in the short-wave area, Budapest 2001;

41.

"MA02" Special agreement of the European Conference of Postal and Telecommunications Administrations (CEPT) on the use of the volume 1 452-1 479.5 MHz for terrestrial digital sound broadcasting;

42.

"NAVTEX" Automated direct-printing telegraph system for navigational and meteorological warnings and urgent information to ship (International Maritime Information System);

43.

"PLB" Personal Locator Beacon (emergency radio transmitter);

44.

"PMR446" Private Mobile Radio 446 (low power radio equipment in the 446 MHz range);

45.

"R-GSM" Global System for Mobile Communications for Railways (Global Mobile Communications System for Railways);

46.

"RLAN" Radio Local Area Network (wireless local area network);

47.

"RTTT" Road Transport & Traffic Telematics (road transport and traffic telematics system);

48.

"S-DAB" Satellite Digital Audio Broadcasting (satellite-based digital sound broadcasting system);

49.

"S-PCS" Satellite Personal Communication System (Personal Mobile Communications System via Satellite);

50.

"S-PCS <1GHz" Satellite Personal Communication System in frequency bands below 1 GHz (Personal mobile communication system via satellites in frequency bands below 1 GHz);

51.

"T-DMB" Terrestrial Digital Multimedia Broadcasting (Terrestrial Digital Audiovisual Broadcasting, based on T-DAB and T-DAB +);

52.

"ST61" Regional Agreement for the European Broadcasting Zone, Stockholm, 1961;

53.

"T-DAB" Terrestrial Digital Audio Broadcasting (Terrestrial Digital Sound Broadcasting);

54.

"T-DAB +" Terrestrial Digital Audio Broadcasting + (Terrestrial Digital Sound Broadcasting with improved audio correction);

55.

"TETRA" Terrestrial trunked radio (Terrestrial Broadband);

56.

"UMTS/IMT-2000" Universal Mobile Telecommunication System (Universal Digital Mobile Communications System for Europe, compatible with IMT-2000);

57.

"VOFunk" (Radio Regulations);

58.

"VOR" VHF-Omnidirectional Range (VHF radio)

59.

"PMSE" Program Making and Special Events (radio applications for the one-sided transmission of sound and/or image signals);

60.

"EGNOS" European Differential Global Positioning System (European radio positioning system with correction signal transmission)

61.

"BEIDOU" global satellite navigation system

Availability

§ 3. A frequency shall be deemed to be available if the technical characteristics of the radio station to which the frequency is to be allocated can be determined in such a way as to ensure that:

1.

by their operations with other radio stations operating in and outside the country; or co-ordinated planned radio stations will not cause or are likely to be harmful to the radio

2.

the compatibility with frequency usage is given by other radio systems.

Frequency allocation plan

§ 4. (1) The frequency allocations shall be derived from: Appendix 1 (Frequency allocation allocation plan).

(2) The frequency range allocation plan shall include:

1.

Column 1, the frequency ranges described in the VOFunk, to which the allocations relate,

2.

Column 2, the frequency allocation in accordance with the classification for Region 1 in accordance with Article 5 VOFunk and

3.

Column 3 the frequency allocation in the Federal territory, references to footnotes of Appendix 3.

(3) The order in which the various radio services are called within the fields of columns 2 and 3 does not mean a rank order.

(4) If an additional claim is made in brackets in column 3, this assignment to a service shall be limited to the mode of operation specified therein or to the frequency range indicated therein.

(5) Where it is stated in the annexes that a radio service may be perceived in a certain frequency range on the condition that it does not cause harmful interference, this shall also mean that this radio service shall not be protected against can claim harmful interference from other radio services to which the area is assigned.

Frequency allocation plan footnotes

§ 5. (1) The footnotes of the spectrum allocation plan, which are relevant to the use of spectrum in Austria, are derived from: Appendix 3 . Annex 3 may also contain conditions for the allocation of frequencies.

(2) The footnotes which appear in the frequency allocation plan relate either to the footnotes in Article 5 VOFunk (example: 5.150) or to additional footnotes indicating special frequency allocations for Austria (A01 and A02).

Footnotes specified in the frequency allocation plan at the bottom of a field under the name of the radio services shall apply to the entire spectrum assignment in question.

(4) footnotes to the right of the name of a radio service shall apply only to this radio service.

(5) If nothing to the contrary is said in a footnote, the term "fixed radio service" does not include the systems which apply the ionospheric scattering propagation.

Primary and secondary wireless services

§ 6. (1) Where a frequency range is assigned to a number of radio services in a field of the frequency domain allocation plan, it is necessary to distinguish between:

a.

radio services whose names are printed in capital letters (for example, FIXED); these services are referred to as "primary radio services";

b.

radio services whose names are printed in ordinary letters (for example: Mobile); these services are referred to as "secondary wireless services".

(2) Additional bluepages are printed in ordinary letters (example: MOBILE except aeronautical mobile).

(3) Radio stations of a secondary radio service

a.

shall not cause harmful interference in the radio stations of the primary radio services to which frequencies have already been allocated or could be allocated at a later stage;

b.

may not require protection against harmful interference by radio stations of the primary radio services to which frequencies have already been allocated or could be allocated at a later stage;

c.

may, however, require protection against harmful interference by radio stations of the same secondary radio service or other secondary radio services to which frequencies could later be allocated.

(4) If a footnote of the spectrum allocation plan contains the indication that a frequency range is assigned to a radio service in an area or in a particular country on a "secondary basis", it shall be a secondary Radio service only in this area or country.

(5) If a footnote of the frequency-domain allocation plan contains the indication that a frequency range is assigned to a radio service in an area or in a particular country on a "primary basis", this is a primary radio service only in this area or country.

Additional allocations

§ 7. (1) If a footnote of the frequency allocation table referred to in Article 5 VOFunk (column 2 of Appendix 1) contains the indication that a frequency range other than other radio services in an area or in a particular country, additional radio service "shall also be used" ' is an additional allocation, ie. an allocation added in that territory or country to the radio or radio service or services referred to in the frequency allocation table referred to in Article 5 VOFunk.

(2) If the footnote in relation to one or more of the said radio services does not contain any other restriction other than that that it has, or it may only be perceived in a particular area or country, or , radio stations of this service or of those services shall have the same rights as the radio stations of the other primary service or other primary services, whose names are indicated in the frequency allocation table referred to in Article 5 VOFunk.

(3) If further restrictions are imposed on an additional allocation to the restriction that it may only be used in a particular area or country, this shall be given in the footnote of the frequency allocation table referred to in Article 5 VOFunk specified.

Alternative Assignments

§ 8. (1) If a footnote of the frequency allocation table referred to in Article 5 VOFunk contains the indication that a frequency range is assigned to one or more radio services in an area or in a particular country, it shall be a "alternative" allocation, ie. an allocation which shall replace the allocation specified in the frequency allocation table referred to in Article 5 VOFunk in that territory or country.

(2) If the footnote in relation to radio stations of one or more of the said radio services does not contain any restriction other than that they may only be operated in a given territory or country, those radio stations of that service shall have the following: these services shall enjoy the same rights as the radio stations of the primary service or the primary services specified in the frequency allocation table referred to in Article 5 VOFunk and assigned to the frequency range in other areas or countries is.

(3) If further restrictions are imposed on the radio stations of a service which has received an alternative allocation, to the restriction that they may only be operated in a particular area or country, this is in the footnote of the Frequency allocation table referred to in Article 5 VOFunk.

Frequency usage plan

§ 9. (1) The use of spectrum and, if necessary, associated conditions of use shall result

from the Appendix 2 (Frequency use plan).

(2) The spectrum use plan shall include:

1.

Column 1 the frequency ranges corresponding to the classification for region 1 in accordance with Article 5 of VOFunk,

2.

Column 2, the allocation of spectrum in accordance with Annex 1,

3.

Column 3 Frequency sub-ranges or single frequencies (centre frequencies) for certain uses,

4.

Column 4, the frequency of use,

5.

Column 5, additional references to relevant laws, regulations, other legislation and multilateral agreements which apply to the various uses of the spectrum, terms of use and any comments which may be made in any case. to supplement the terms and conditions of use and other provisions of the Radio Regulations,

6.

Column 6, the radio interface descriptions that apply to the respective frequency usage and which are assumed to be complied with by the fact that the basic requirements set out in the interface descriptions in accordance with § 3 of the Federal Act on radio equipment and telecommunications terminal equipment (FTEG), BGBl. I n ° 134/2001, as amended by the BGBl version. I No 123/2013.

References

§ 10. In this Regulation, reference shall be made to:

1.

the "Amateur Radio Ordinance" to the regulation of the Federal Minister of Science and Transport for the implementation of the Amateur Radio Act (Amateur Radio Regulation), BGBl. II No 126/1999, as amended,

2.

The Regulation of the Federal Minister of Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology), with the provisions relating to the establishment and operation of radio equipment of the fixed radio service and of the non-public mobile Land radio service in the range of 29.7 to 925 MHz (operating radio regulation), BGBl. II No 12/2012, as amended,

3.

the "VOFunk" on the one integral part of the International Telecommunications Treaty, BGBl. III No 17/1998, as amended by the BGBl version. III No 52/2010, which provides for the functioning of the radio service;

4.

the Regulation of the Federal Minister of Transport, Innovation and Technology of the Federal Minister for Transport, Innovation and Technology, which provides for the technical and operational provisions for the establishment and operation of radio equipment in inland waterway radio Inland waterways (Inland Waterways Ordinance), BGBl. II No 320/2002, as amended,

5.

the Commission Decision of 8 July 2004 (No 2004 /545/EC) " the Commission Decision of 8 July 2004 on the harmonisation of the use of radio frequencies in the 79 GHz range for short-range motor vehicle equipment in the Community (2004/545/EC) OJ L 327, 30.4.2004, p. No. OJ L 241, 13 July 2004, S 66,

6.

the Commission's decision of 17. Jänner 2005 (No 2005 /50/EC) ', the Commission Decision of 17 Jänner 2005 on the harmonisation of the fixed-term use of the frequency band in the 24 GHz range by short-range motor vehicle radar equipment in the Community (2005/50/EC) OJ L 327, 22.3.2005, p. No. OJ No L 21, 25. Jänner 2005, S 15,

7.

the Commission Decision of 11 July 2005 (No 2005 /513/EC) " the Commission Decision of 11 July 2005 on the harmonised use of radio frequencies in the 5 GHz bands for the introduction of wireless access systems, including local radio networks (WAS/Funk-LANs) (2005/513/EC) OJ L 136, 31.5.2005, p. No. OJ L 187, 19 July 2005, p. 22,

8.

the Commission Decision of 20 December 2005 (No 2005 /928/EC) " the Commission Decision of 20 December 2005 on the harmonisation of frequency bands 169 ,4-169, 8125 Hz in the Community (2005/928/EC) OJ L 327, 28.12.2005, p. No. OJ L 344 of 27 December 2005, S 47,

9.

the Commission Decision of 9 November 2006 (No 2006 /771/EC) ", the Commission Decision of 9 November 2006 on the harmonisation of spectrum use by low-range devices (2006/771/EC) OJ L 327, 22.12.2006, p. No. OJ L 312, 11 August 2006, p. 66,

10.

the Commission Decision of 23 November 2006 (No 2006 /804/EC) " the Commission Decision of 23 November 2006 on the harmonisation of the frequency bands for radio frequency identification devices (RFID devices) in the ultra-high frequency band (UHF) (2006/804/EC) OJ L 327, 22.12.2006, p. No. OJ L 329 of 25 November 2006, S 64,

11.

the Commission Decision of 12 February 2007 (No 2007 /90/EC) " the decision of the Commission of 12 February 2007 amending Decision 2005 /513/EC on the harmonised use of radio frequencies in the 5 GHz bands for the introduction of wireless access systems including local Radio networks (WAS/Funk-LANs) (2007/90/EC) OJ L 327, 28.2.2003, p. No. OJ L 41, 13 February 2007, p. 10,

12.

the Commission Decision of 14 February 2007 (No 2007 /98/EC) " the Commission Decision of 14 February 2007 on the harmonised use of radio frequencies in the 2 GHz frequency bands for the establishment of mobile satellite systems (2007/98/EC) OJ L 327, 28.11.2007, p. No. OJ L 43, 15 February 2007, p. 32,

13.

the Commission Decision of 21 February 2007 (No 2007 /131/EC) " the Commission Decision of 21 February 2007 on the design of harmonised radio spectrum use for ultra-wideband equipment in the Community (2007/131/EC) OJ L 327, 22.12.2007, p. No. OJ L 55, 23 February 2007, p. 33,

14.

the Commission Decision of 7 April 2008 (No 2008 /294/EC) " the Commission Decision of 7 April 2008 on harmonised frequency-use conditions for the operation of mobile services on board aircraft (MCA services) in the European Community (2008/294/EC) OJ L 297, 15.11.2008, p. No. OJ L 98, 10 April 2008, p. 19,

15.

the Commission Decision of 21 May 2008 (No 2008 /411/EC) ' the Commission Decision of 21 May 2008 on the harmonisation of frequency bands 3400-3800 MHz for terrestrial systems capable of providing electronic communications services in the Community (2008/411/EC) OJ L 327, 22.12.2008, p. No. OJ L 144, 4 June 2008, p.

16.

the Commission Decision of 23 May 2008 (No 2008 /432/EC) " of the Commission Decision of 23 May 2008 amending Decision 2006 /771/EC on the harmonisation of spectrum use by low-range devices (2008/42/EC) OJ L 327, 22.12.2008, p. No. OJ L 151, 11 June 2008, p. 49,

17.

the Commission Decision of 13 June 2008 (No 2008 /477/EC) " the Commission Decision of 13 June 2008 on the harmonisation of frequency bands 2500-2690 MHz for terrestrial systems capable of providing electronic communications services in the Community (2008/477/EC) OJ L 327, 28.11.2008, p. No. OJ L 163, 24. June 2008, p. 37,

18.

the Commission Decision of 5 August 2008 (No 2008 /671/EC) " the Commission Decision of 5 August 2008 on the harmonised use of radio frequencies in the frequency band 5875-5905 MHz for security applications of intelligent transport systems (ITS) (2008/671/EC) OJ L 327, 22.12.2008, p. No. OJ L 220, 15 August 2008, p. 24,

19.

the Commission Decision of 13 August 2008 (No 2008 /673/EC) " the Commission Decision of 13 August 2008 amending Decision 2005 /928/EC on the harmonisation of frequency bands 169,4-169,8125 MHz in the Community (2008/673/EC) OJ L 327, 28.11.2008, p. No. OJ L 220, 15 August 2008, p. 29,

20.

the Commission Decision of 25 February 2009 (No 2009 /159/EC) " of the Commission Decision of 25 February 2009 approving a derogation for Austria pursuant to Decision 2008 /671/EC on the harmonised use of radio frequencies in the frequency band 5 875-5 905 MHz for safety-related applications of intelligent transport systems (ITS) (2009/159/EC) OJ L 327, 22.9.2003, p No. OJ L 53, 25 February 2009, p. 74,

21.

the Commission Decision of 21 April 2009 (No 2009 /343/EC) " the Commission Decision of 21 April 2009 amending Decision 2007 /131/EC on the design of harmonised radio spectrum use for ultra-wideband equipment in the Community (2009/343/EC) OJ L 327, 22.12.2009, p. No. L 105 of 25 April 2009, S 9,

22.

the Commission Decision of 13 May 2009 (No 2009 /381/EC) " the Commission Decision of 13 May 2009 amending Decision 2006 /771/EC on the harmonisation of spectrum use by low-range devices (2009/381/EC) OJ L 327, 22.12.2009, p. No. OJ L 119, 13 May 2009, p. 32,

23.

the Commission's decision of 16. October 2009 (No 2009 /766/EC) ", the Commission Decision of 16 May 2007. October 2009 on the harmonisation of the 900 MHz band and the 1 800 MHz band for terrestrial systems capable of providing pan-European electronic communications services in the Community (2009/766/EC) OJ L 327, 22.12.2009, p. No. OJ L 274 of 20. October 2009, S 32,

24.

"Directive 2009 /114/EC of the European Parliament and of the Council of 16 September 2009" Directive 2009 /114/EC of the European Parliament and of the Council of 16 September 2009 amending Council Directive 87 /372/EEC on the Frequency bands to be provided for the coordinated introduction of pan-European public cellular digital land-based mobile communications in the Community OJ L 124, 20.4.2002, p. No. OJ L 274 of 20. October 2009, S 25,

25.

the Commission Decision of 6 May 2010 (No 2010 /267/EU) " to the Commission Decision of 6 May 2010 on harmonised technical conditions for the use of the 790-862 MHz frequency band for terrestrial systems providing electronic communications services in the European Union (2010/267/EU) No. OJ L 117, 11 May 2010, p. 95,

26.

the Commission Decision of 19 March 2010 (No 2010 /166/EU) ' the Commission Decision of 19 March 2010 on harmonised frequency-use conditions for the operation of mobile telephone services on board ships (MCV services) in the European Union OJ L 206, 22.7.2010, p. No. OJ L 72, 19 March 2010, p. 38,

27.

the Commission Decision of 30 June 2010 (No 2010 /368/EU) " to the Commission Decision of 30 June 2010 amending Decision 2006 /771/EC on the harmonisation of spectrum use by low-range devices OJ L 206, 22.7.2010, p. No. OJ L 166, 30 June 2010, p. 33,

28.

Commission Decision 18 April 2011 (No 2011 /251/EU) " Commission Implementing Decision of 18 April 2011 amending Commission Decision 2009 /766/EC on the harmonisation of the 900 MHz bands and the 1 800 MHz bands for terrestrial systems, the Europe-wide electronic Communication services in the Community (2011/251/EU) OJ L 327, 28.8.2002, p. No. OJ L 106, 27 April 2011, p. 9,

29.

Commission Decision 29 July 2011 (No 2011 /458/EU) " Implementing Decision of the Commission amending Decision 2005 /50/EC on the harmonisation of the fixed-term use of the frequency band in the area around 24 GHz by short-range motor vehicle radar equipment in the Community (2011/458/EU) OJ L 327, 28.11.2011, p. No. OJ L 198 of 30 July 2011, S 71,

30.

the Commission Decision of 8 December 2011 (No 2011 /829/EU) " to the Commission implementing decision of 8 December 2011 amending Decision 2006 /771/EC on the harmonisation of spectrum use by low-range devices No 2010 /829/EU) OJ L 376, 27.12.2011, p. No. OJ L 329, 8.12.2011, p. 10,

31.

the Commission's decision of 6. October 2009 (No 2009 /750/EC), ' the Commission Decision of 6 October 2009 on the definition of the characteristics of the European electronic toll service and its technical components (2009/750/EC) OJ L 327, 22.12.2009, p. No. OJ No L 268, 13. October 2009, S 11,

32.

the Commission Decision of 5 November 2012 (No 2012 /688/EU) " the Commission implementing decision of 5 November 2012 on the harmonisation of frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz for terrestrial systems which can provide electronic communications services in the Union 1. No. OJ L 307, 5. November 2012, S 84

33.

the Decision of the European Parliament and of the Council of 25 October 2011 (No 1104 /2011/EU) ", Decision No 1104 /2011/EU of the European Parliament and of the Council of 25 June 2001 on the October 2011 on the regulation of access to the public regulated service provided by the global satellite navigation system established by the Galileo programme OJ L 327, 28.11.2011, p. No. OJ L 287, 4 November 2011, S 1,

34.

the Commission Decision of 12 November 2013 (No 2013 /654/EU) " on the draft Commission implementing decision of 12 November 2013 amending the harmonised frequency-use conditions for the operation of mobile services on board aircraft (MCA services) in the European Union Community No. OJ L 303, 14. November 2013, S 48

EU notification

§ 11. This Regulation has been adopted in compliance with the provisions of Directive 98 /34/EC, OJ L 96, 30.4.1998 No. OJ L 204, 21.07.1998 p. 37, as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. OJ L 217, 05.08.1998, p. 18, notifiable (No 2013 /468/A).

Override

§ 12. With the entry into force of this Regulation, the Regulation of the Federal Minister of Transport, Innovation and Technology on the use of radio frequencies, BGBl, shall enter into force. II No 307/2005, as well as the Regulation of the Federal Minister of Transport, Innovation and Technology on the allocation of frequencies, BGBl. II No 306/2005, except for force.

Bures