Commission Implementing Regulation (EU) 2019/123Show full title

PART B Requirements for the execution of the function

1. Member States shall appoint a competent person, authority or organisation as national frequency manager with the responsibility for ensuring that frequency assignments are made, modified and terminated in accordance with this Regulation. Member States shall notify to the Commission and to the Network Manager the names and addresses of the national frequency managers and shall notify any change in the appointments in a timely manner.

2. The Network Manager shall prepare and coordinate network-related strategic spectrum aspects which are to be appropriately documented in the Network Strategy Plan and the Network Operations Plan. The Network Manager shall support the Commission and Member States in the preparation of common aviation positions for coordinated Member State contributions to international forums, and in particular to the European Conference of Postal and Telecommunications Administrations (CEPT) and International Telecommunications Union (ITU).

3. At the request of Member States, the Network Manager shall inform the Commission and undertake actions with the Commission and the European Conference of Postal and Telecommunications Administrations (CEPT) to address any concerns with other industry sectors.

4. The national frequency managers shall report to the Network Manager, radio interference cases that impact the European aviation network. The Network Manager shall record occurrence of radio interference cases and support the national frequency managers in their assessment. At the request of national frequency managers, the Network Manager shall coordinate actions or provide any support necessary to resolve or mitigate such cases.

5. The Network Manager and the national frequency managers shall further develop and enhance frequency management procedures, planning criteria, data sets and processes to improve the use and occupancy of radio spectrum by general air traffic users. At the request of the Member States, the Network Manager shall propose to extend the application of these developments to regional level.

6. When a frequency assignment is required, the individual or organisation applying for the use of a frequency shall file a request with the appropriate national frequency manager with all the relevant data and justification.

7. The national frequency managers and the Network Manager shall assess and prioritise frequency requests on the basis of operational requirements and agreed criteria. The Network Manager in cooperation with the national frequency managers shall determine the impact of frequency requests on the network. The Network Manager shall establish the assessment and prioritisation criteria in consultation with the national frequency managers and maintain and update them thereafter as necessary.

8. Where there is no impact on the network, the national frequency managers shall determine suitable frequency(ies) in reply to the frequency request taking into account the requirements of point 12.

9. Where there is an impact on the network, the Network Manager shall determine suitable frequency(ies) in reply to the frequency request, taking into account the following requirements:

(a)

the need to provide safe communication, navigation and surveillance infrastructure services;

(b)

the need to optimise the use of finite radio spectrum resources;

(c)

the need for cost-effective, fair and transparent access to the radio spectrum;

(d)

the operational requirements of the applicant(s) and operational stakeholders;

(e)

the predicted future demand for radio spectrum;

(f)

the provisions contained in the ICAO European Frequency Management Manual.

10. When a suitable frequency as referred to in points 11 and 12 cannot be determined, the national frequency managers may request the Network Manager to undertake a specific frequency search. In order to identify a solution for the national frequency managers, the Network Manager supported by the national frequency managers may undertake a specific examination of the frequency usage situation in the concerned geographical area.

11. The national frequency manager shall assign suitable frequency(ies) determined in points 12 or 13.

12. The national frequency manager shall register each frequency assignment in the central register by including the following information:

(a)

data as specified in the ICAO European Frequency Management Manual including relevant associated technical and operational data;

(b)

enhanced data requirements as referred to in point 6;

(c)

a description of the operational use of the frequency assignment;

(d)

the contact details of the operational stakeholder making use of the assignment.

Member States shall make use of the central register to fulfil their administrative frequency assignment registration obligations towards ICAO.

13. When assigning the frequency to the applicant, the national frequency manager shall include conditions of use. As a minimum, those conditions shall specify that the frequency assignment:

(a)

remains valid as long as it is being used to meet the operational requirements described by the applicant;

(b)

may be subject to a frequency shift request and that such shifts will need to be implemented within a limited timeframe;

(c)

is subject to modification once the operational use described by the applicant changes.

14. The national frequency manager(s) shall ensure that any required frequency shift, modification or termination is performed by the individual or organisation assigned with the frequency concerned within the agreed timeframe and that the central register is updated accordingly. The national frequency manager(s) shall forward appropriate justification to the Network Manager when those actions cannot be performed.

15. The national frequency managers shall ensure that the information referred to in point 12 of Part B concerning all frequency assignments used in the European aviation network are available in the central register.

16. The Network Manager and the national frequency manager(s) shall perform monitoring and evaluations of aviation frequency bands and frequency assignments based on transparent procedures in order to ensure their correct and efficient use. The Network Manager shall set up such procedures in consultation with the national frequency managers and shall maintain and update them thereafter as necessary. In particular, the Network Manager shall identify any discrepancy between the central register, the operational purpose and the actual use of the frequency assignment which may have a detrimental impact on the radio frequency function. The Network Manager shall notify the national frequency manager of such discrepancies for their resolution, within an agreed timeframe.

17. The Network Manager shall ensure the availability of common tools to support central and national planning, coordination, registration, auditing and optimisation. In particular, tools shall be developed by the Network Manager to support the analysis of the central register data to monitor the efficiency of the function and to design and implement the frequency optimisation process under point 7.