Key Benefits:
Communications Regulatory Authority Electronic and postal services,
In view of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services;
In view of Directive 2002 /20/EC European Parliament and the Council of 7 March 2002 on the authorisation of electronic communications networks and services;
In view of the postal code and electronic communications, and in particular Articles L. 32-15, L. 33-1, L. 36-7 (6 °), L. 42-1, R. 20-44-11 (4 °), R. 20-44-11 (5 °) and D. 98 to D. 98-12;
In the light of the amended decree of 3 February 1993 on charges for the provision of radio frequencies and the management by the holders of the authorisations Issued pursuant to Articles L. 33-1 and L. 33-2 of the Postal and Telecommunications Code;
Having regard to Decree No. 2002-775 of 3 May 2002 taken pursuant to 12 ° of Article L. 32 of the Code of Postal and Telecommunications and relating to Limit values for exposure of the public to electromagnetic fields emitted by equipment used in telecommunications networks or by radio installations;
In view of the decree of 25 March 2004 on the national table of Frequency band distribution;
In light of the order of 8 September 2005 amending the national distribution table for the frequency bands approved by the Order of 25 March 2004;
In the light of the amended Order of 17 August 2000 authorizing the Company Orange France to establish a radio network open to the public for the operation of a pan-European digital service GSM F1 operating in the 900 MHz and 1 800 MHz bands;
In view of the amended Order of 18 July 2001 authorizing the Company Orange France to establish and operate a third-generation radio network open to the public and to provide telephone service to the public;
In light of Decision No. 2000-809 as amended, dated 26 July 2000, Resources in frequencies to the company Orange France;
In view of Decision No. 2000-835, dated 28 July 2000, proposing to the Minister responsible for telecommunications the terms and conditions for granting authorisations for the introduction in Metropolitan France of third-generation mobile systems;
In view of Decision No. 2001-1202, dated 14 December 2001, proposing to the Minister responsible for telecommunications the terms and conditions for granting authorisations for The introduction in mainland France of third generation mobile systems;
In view of Decision No. 2004-150, dated 24 March 2004, proposing to the Minister responsible for telecommunications the conditions for the renewal of GSM authorisations for The company Orange France and the Société française du radiotelephone;
In view of the opinion of the Ministry of Industry concerning the conditions for the renewal of the GSM licences of the company Orange France and the Société française du Radiotelephone, published in the official bulletin of the Ministry of Economy, Finance and Industry No. 12 of the 4th quarter of 2004;
In view of the Department's notice to the industry concerning the payment of royalties for the use of frequencies Allocated to Orange France and the Vegettel Group for the operation of second-generation mobile radio networks, published in the Official Journal of 20 June 2004;
Given the National Convention for the Implementation of the Extension Plan The coverage of the territory by the mobile telephone networks signed on 15 July 2003 by the Minister for Public Service, State Reform and Spatial Planning, the Minister Delegate to Industry, the Minister Delegate to the Local freedoms, the Telecommunications Regulatory Authority, the Association of Mayors of France, the Assembly of the Departments of France, Bouygues Telecom, Orange France and the Société française du radiotelephone;
In view of Decision No. 2004-577, in Date of 13 July 2004, concerning the determination of the rent related to infrastructures made available in white zones;
In view of the file filed by the company Orange France requesting authorisation to use frequencies in order to establish And operating a terrestrial radio network open to the public, as of September 30, 2005;
In view of the letter from Orange France dated 24 January 2006 in response to the letter of the Authority dated 12 January 2006;
In view of the Mail of Orange France as of February 3, 2006;
After deliberation on February 14, 2006,
Context
The company Orange France and the Société française du radiotelephone have been authorized since 1991 to establish and operate a GSM network in metropolitan France. As their authorizations expire on March 24, 2006, the Minister notified the two companies in March 2004 of the conditions for the renewal of their authorizations. In addition, these conditions were published in the Official Bulletin of the Ministry of Economy, Finance and Industry No. 12 of the fourth quarter of 2004.
The new regulatory framework for electronic communications Pursuant to the Act of 9 July 2004, it is necessary for the operator to obtain an individual authorisation for the use of frequencies in addition to the general authorisation set out in Article L. 33-1 of the Postal and Communication Code
This authorization incorporates the previous provisions of the licences that are part of the individual authorization, and the new provisions related to the renewal.
Frequency Allocations Decision 2000-809 referred to above shall be included, and this authorisation shall be consistent with the authorisation currently in force. Thus, this authorisation concerns only links between network radio transmitters and terminals.
The main new provisions are, in accordance with the conditions notified in March 2004:
-a service offering Minimum enriched with an interpersonal messaging service (SMS ...), a data transfer service in packet mode (GPRS ...) and a service based on the location of the user, in the possibilities offered by the standard;
-from Enhanced coverage obligations, including 99 % of the population covered by the end of 2007, taking into account the coverage of white areas;
-introduction of quality of service obligations for the service of Interpersonal messaging (on message delivery time) and the data movement service in packet mode (on service access time, maintenance, and throughput);
-the ability to request reuse Frequencies in the 900 MHz and 1 800 MHz bands for the operation of its third-generation radio network, in accordance with the provisions contained in the 3G call notices published on 18 August 2000 and 29 December 2001; and Introduced in Decisions No. 2000-835 and n ° 2001-1202 referred to above (which had in fact already been introduced by amendment in 2002 of Decision 2000-809 above);
-an obligation of transparency with regard to the coverage of the network for Which frequencies have been authorised, with an annual survey of coverage giving rise to annual publication.
In addition, Decision No. 2004-577 sets out the arrangements for the transmission of the information necessary to calculate rents for Provision of infrastructure provided for in the abovementioned Convention of 15 July 2003. This authorisation takes up the obligation to disclose this information.
In accordance with the new regulatory framework, the provisions of this authorisation are in addition to the rights and obligations relating to the general authorisation Article L. 33-1 of the postal code and electronic communications, which are specified by decree and possibly by decision of the Authority pursuant to Article L. 36-6 (1 °) of the same code,
Decides:
Orange France is authorized to use, in the 900 and 1800 MHz bands, the frequencies allocated to it Article 2 of this Decision to establish and operate a radio network open to the public in metropolitan France. For this it complies with the provisions of the specifications set out in Annex 2 to this Decision.
GSM channels Attributed to Orange France are, in accordance with the definitions in Annex 1:
-in the 900 MHz band, on the whole of metropolitan territory: channels 1 to 50;
-in the 900 MHz band, only in very dense areas: Channels 51 to 62;
-in the band 1 800 MHz, across the metropolitan area: the channels 527 to 645.
The description of the very dense areas is shown in Appendix 3 of this decision.
This authorization will take effect on March 25, 2006 for a duration of 15 years.
Changes to the constituent parts of the application file relating to this authorization, and in particular those relating to the capital of the holder of the authorization, are Communicated without delay to the Authority in order to verify their compatibility with the conditions of the authorisation.
The decision N ° 2000-809 shall be repealed as of the entry into force of this authorisation.
The Head of the Service Operators and regulation of the scarce resources of the Regulatory Authority for Electronic Communications and posts is responsible for the implementation of this Decision, which will be notified to the company Orange France, accompanied by its annexes 1 to 3. This decision and its annexes 1 and 2 will be published in the Official Journal of the French Republic.
A N N E X E 1
TO DECISION N ° 2006-0239 FEBRUARY 14, 2006
PRINCIPLES GOVERNING THE ALLOCATION OF FREQUENCIES
IN BANDS 900 AND 1 800 MHZ
There are two bands in which the operator can be assigned Frequencies:
-the 900 MHz band (subband A or B), which ranges from 880 to 915 and from 925 to 960 MHz;
-and the band 1 800 MHz, which ranges from 1,710 to 1 785 and from 1 805 to 1 880 MHz.
In each of these bands, the channels have a width of 200 kHz Duplex, each channel being defined by an integer n. The following table gives the central frequencies for each channel:
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The high band is reserved for The emission of fixed stations while the low band is reserved for the emission of terminal equipment.
A N N E X E 2
TO DECISION N ° 2006-0239 FEBRUARY 14, 2006
PRECIOUS CHARGES CONDITIONS FOR USE OF FREQUENCIES AUTHORIZED IN BANDS 900 AND 1 800 MHZ
These provisions fall under categories 1 ° to 6 ° provided for in Article L. 42-1-II of the Postal Code and electronic communications.
1. The nature and technical characteristics of the equipment, networks and services which may use the frequency or frequency band, as well as their conditions of permanence, quality and availability and, where appropriate, their schedule of Deployment and their coverage area
1.1. Nature and Characteristics of Equipment
The operator is authorized to establish and operate a radio network open to the public for the purpose of providing the services described in paragraph 1.2. In this framework, it is authorized to establish links between the radio transmitters of its network and the terminals of its customers.
The operator network complies with the GSM standard, as defined by the ETSI.
The operator complies with the Regulation in force concerning the publication of technical specifications for interfaces between its network and terminals.
Introduction of UMTS in the 900 and 1 800 MHz bands.
The holder may request re-use of Any of the frequency bands assigned to it under this authority for the operation of its third generation radio network authorized by order of July 18, 2001.
In this case, the Authority shall Consultation on the basis of which it may be required to redefine the allocation of frequency allocations in the 900 and 1 800 MHz bands in order to ensure the maintenance of the fairness of the spectrum allocations between all operators Second and third generation mobile network.
The Authority will modify the licensing decisions for the frequencies of all the operators involved.
1.2. Service Offering
The operator provides the public with electronic communications services.
It must provide, in particular, the following types of services:
-the public telephone service;
-at least one service Interpersonal messaging;
-at least one data transfer service in packet mode;
-at least one service based on user location, in the possibilities offered by the standard.
1.3.
1.3.1 permanence, quality, and availability conditions. Availability and quality of network and services
The operator must respect the coverage of service quality obligations for telephone service to the public, courier services Interpersonal and data transfer in packet mode. The metrics are calculated for the use of portable terminals with a power of 1 or 2 watts.
For Public Telephone Service
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The rate of success is the rate of telephone communications established, maintained for a duration of two minutes and completed under normal conditions from the first attempt Access to the service.
For Interpersonal Mail Service
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The rate of messages received the rate of messages delivered to the recipient in their integrity from the first attempt.
This obligation must be met for at least one interpersonal messaging service provided by the operator.
For data transfer service in packet mode
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To take account of Maturing of data transfer services in packet mode and the observed performance of the technology at full load, the Authority may subsequently review, after consulting the operator, the obligations concerning the services of Data transfer in packet mode.
1.3.2. Quality of Service Evaluation Survey
The operator supports measurements on its quality of service network.
The measures are carried out in accordance with a methodology defined by the Authority. The operator is associated with the methodology definition.
Survey results are sent to the Authority and published annually in a format defined by the Authority.
1.4. Territory Coverage
1.4.1. Transparency
The operator is required to publish annually, and by 31 December at the latest, information on the coverage of the territory at a sufficiently close level to account for geographical diversities and Population. The arrangements for the publication of this information shall be defined by the Authority in consultation with the operators concerned.
This information shall be obtained in accordance with a common method defined by the Authority in consultation with the operators in question. Liaison with field surveys which allow the coverage of the territories by the operator to be assessed at the canton level, in particular in the town centres and on the
.
The methodology and the annual geographic scope of these field surveys are defined by the Authority in consultation with the operator.
The complete results of the investigations are transmitted to the Authority.
1.4.2. Coverage requirements
As of March 25, 2007, the operator must provide coverage for 98 % of the metropolitan population. In these geographical areas, the services which the operator is required to provide under Part 1.2 of this specification must be accessible outside the buildings with portable terminals (power 1 or 2 watts).
A la At the same time, the operator is obliged to cover the priority transport axes, in particular the main roads of each metropolitan department.
The methodology for assessing compliance with these obligations is established by The Authority in consultation with all the operators concerned on the basis of the coverage surveys provided for above.
1.4.3. White Zones
The operator is required to provide coverage for all of the town centres, priority transport axes and high-frequency tourist areas within the so-called white zones. This coverage is provided jointly by all the metropolitan GSM operators.
The areas to be covered are identified jointly by operators, public authorities and local authorities within the framework of the Provisions of the Convention of 15 July 2003 referred to above. The technical arrangements for the coverage of the white areas identified are in accordance with the provisions of the II of the Convention.
The financial arrangements are in accordance with the provisions of the V of the same Convention. In order to allow the calculation of the rent of the infrastructures made available by the local authorities or public institutions for local cooperation, the operator shall communicate to the Authority, before 30 June of each year, a report of the Accounts of its activity relating to the operation of these infrastructures, in a format defined by the Authority.
For the areas identified for phase 2 under the same agreement, each operator shall install and operate at its own expense the Radio sites in the areas on which it is selected to provide local roaming provision to other operators, and in those on which the mutualisation scheme is retained, in cases where such a solution is Technically or economically justified. The deployment on these areas will have to be completed in any case by the end of 2007.
By taking into account this obligation to cover white areas, the operator's service will have to be accessible from geographical areas Representing at least 99 % of the metropolitan population.
2. The duration of the authorisation, which may not exceed twenty years, as well as the minimum period in which the holder is notified of the conditions for renewal of the authorisation and the grounds for refusal of renewal
The duration of the authorisation Frequency use authorization is fifteen years. It takes effect on March 25, 2006 and ends on March 24, 2021.
Renewal conditions and possible reasons for the refusal to renew this authorization will be notified to the holder two years before this deadline.
Two Step points allowing the Authority to conduct a review of the amount of spectrum allocated to the incumbent's actual needs will be carried out at the following deadlines:
-March 24, 2011;
-March 24, 2016.
3. Royalties payable by the holder of the authorisation
In accordance with the opinion of the Ministry of Economy, Finance and Industry referred to above, the fee payable by the operator for the use of frequencies Authorised in Article 1 shall consist of:
-fixed part of an amount of EUR 25 000 000 paid annually before 30 June of the current year;
-of a variable part, paid annually, equal to 1 % of the amount of turnover achieved For the use of the frequencies authorised in Article 1 of this Decision.
The variable part of the fee shall be established on the basis of turnover as at 31 December of the year in respect of which the frequencies are Used. Its amount is calculated pro rata temporis the first and last year of the authorization. A provisional instalment based on the turnover shown on 31 December of the previous year shall be paid before 30 June of the current year. The amount shall be corrected, if any, by the sum ensuring the legalisation of the preceding financial year.
The revenue taken into account shall include the following operating revenue (excluding taxes), provided that they are realised by means of The use of the frequencies authorized in item 1:
1. Revenues for the provision of telephone service and data transportation to direct and indirect customers (i.e., retail and wholesale revenues of these services) of the operator. These revenues integrate those of the same nature carried out by the undertakings whose operator owns the control or which is controlled by a company which also has control of the operator. A company is considered to control another if it meets the criteria set out in article L. 233-3 of the trade code;
2. Receipts received by the operator on the basis of services or services provided to third parties in connection with the Services referred to in 1, in particular advertising, referencing or the perception of commission in the context of electronic commerce;
3. Network connection and service revenue;
4. Revenue related to the sale of services (including the provision of content) as part of a voice or data transaction. Remittances to service providers are netted against these revenues;
5. Revenues related to interswitching, excluding calls from another GSM network licensed in France;
6. Revenue from roaming customers on the operator's GSM network;
7. Possibly any new service using GSM frequencies.
The revenue taken into account does not include revenue from the sale of terminals.
The operator will have to maintain an information system and an analytical accounting system. Allowing to allocate to the GSM activity the revenue specific to this activity, as well as the revenue common to GSM activities and other activities of the operator (3G or other), according to a nomenclature agreed jointly by the Minister responsible for Electronic communications and the Electronic Communications and Post Regulatory Authority after consulting the operator.
The operator shall submit, each year before May 30, to the Minister responsible for electronic communications, at Minister responsible for the budget and the Regulatory Authority for Electronic Communications and posts, on the one hand, a report of the audited accounts (the financing of this audit shall be provided by the operators) relating to the GSM activity and containing in The information used to determine the amount of the fee and, on the other hand, the forecast accounts for the following year. Since the operator is also the holder of a 3G authorisation, it will also submit a report on the respective use of the GSM and 3G frequencies, in particular for the voice service, by customers with access to the two mobile networks Operator.
4. The technical conditions necessary to avoid harmful interference and to limit public exposure to electromagnetic fields
4.1. Relations with the National Frequency Agency
Within the framework defined by the Electronic Communications and Postal Regulatory Authority, the operator may address directly to the National Frequency Agency Requests for frequency assignment pursuant to section R. 20-44-11 of the Postal Code and electronic communications.
In the channels assigned to it, the operator requests the agreement of the National Frequency Agency Prior to the establishment of radio stations, where this agreement is required, pursuant to Article R. 20-44-11 of the Postal Code and electronic communications. The operator forwards the request directly to the National Frequency Agency and informs the Electronic Communications and Postal Regulatory Authority.
4.2. Geographic Sharing of GSM 900 Channels
The geographic sharing procedures for the GSM 900 channels are designed to allow efficient use of sharing channels between operators.
Consideration is given to a GSM channel " N ", used by the operator and by a third-party operator in two contiguous regions.
A coordination zone is defined between the service areas (for channel n) of the operator and this third-party operator:
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A coordination threshold is set at 37 dB µ v/m, with a coordination height of 3 m above Of the soil on lines A and B. The coordination zones are described in Annex 3.
When the coordination zone encroaches on a sparse zone, the coordination constraints on the channels attributed to the operator take precedence over the law To the third-party operator to use these channels in the sparse zone. Areas located in both coordination zones and sparse zones are described in Appendix 3.
The coordination procedure consists of five rules:
1. The radiated field on the frequency of the channel n by the base stations of the operator located in the service area of the latter shall not exceed the coordination threshold on and beyond line B.
2. The radiated field on the frequency of the Channel n by the base stations of the third-party operator located in the service area of the latter operator, shall not exceed the coordination threshold on and beyond line A.
3. The operator is not allowed to use channel n on base stations in the coordination area.
4. The use of the channel n by the third-party operator on a base station located in the coordination zone is only possible if the field radiated by this base station is below the coordination threshold on and beyond line A. In this The third party operator shall inform the operator, in advance, of the commissioning of the base station.
5. Resurgence processing: a resurgent signal is defined as a signal that reappears with a level that hinders beyond a coordination limit, while below it respects the value of the coordination threshold. The operators concerned agree on the principle that good faith coordination will be carried out in order to find a suitable solution, provided that all the technical solutions for the elimination of the signal have been
. 1 December of each year, the operator presents to the Regulatory Authority for Electronic Communications and Postal Services, a review of the implementation of these coordination rules. The Authority may, on this occasion, after consulting the operators, decide to change the coordination procedure if it proves that one or the other of these rules does not permit efficient use of the sharing
. Implement appropriate jamming procedures.
4.3. Restrictions on the use of
frequencies in border areas
The use of radio spectrum by neighbouring countries may restrict the conditions of use of certain channels made available to The operator. The operator follows the border agreements in this area.
4.4. Use of NCC (Network Colour Codes)
The operator can use the NCC 0 to 3 across the territory, except in areas less than 50 kilometres from a border where it only uses NCC 0.
4.5. Conditions for limiting exposure of the public
to electromagnetic fields
The operator complies with the conditions set out in Decree No. 2002-775 of 3 May 2002, taken pursuant to 12 ° of Article L. 32 of the Code of Posts and telecommunications relating to the limit values for exposure of the public to electromagnetic fields emitted by equipment used in telecommunications networks or by radio installations.
5. Obligations arising from international agreements
relating to the use of frequencies
The operator complies with the rules laid down by the ITU Convention, by international telecommunications regulation, by The regulation of radiocommunications and international agreements. It shall keep the Authority informed of the provisions it makes in this field.
The operator shall respect the mandatory provisions in force in the association of the Memorandum of Understanding for the establishment of its network and the supply of its services. GSM.
6. The commitments made by the holder
in the context of the call for applications referred to in Article L. 42-2
These commitments derive from the responses to the 3G call for applications published on 18 August 2000 and introduced into the decision No. 2000-835. They had already been included in the existing GSM authorizations by order of 18 July 2001.
6.1. Metropolitan Roaming with 3G Operators
Since the operator is a GSM operator with 3G authorization, it is required to be transparent and non-discriminatory under objective conditions, Reasonable roaming requests on its GSM network of a 3G operator who do not have a GSM authorisation for a period of six years from the publication in the Official Journal of the decision authorising the latter to establish and operate A third generation radio network open to the public and provide telephone service to the public.
To benefit from such a service, the operator who does not have a GSM authorisation must meet the following conditions: :
-it must not have concluded a roaming agreement on GSM networks of another 3G operator with a GSM authorisation;
-it must be committed to covering the administrative regions on which the application is based Roaming;
-its network must cover between 25 % and 95 % of the metropolitan population for voice service and, at least, 20 % of the metropolitan population for the data transmission service at 144 kbits/s in mode " Package ".
Roaming agreements are established on the basis of trade negotiations between operators. They shall be communicated to the Electronic Communications and Postal Regulatory Authority. Since the operator is a 2G operator with a UMTS licence, it is required at the request of a 3G operator who does not have GSM authorisation and, upon issuance of the authorisation of the latter, to enter into trade negotiations With a view to concluding such a metropolitan roaming agreement, which must be able to enter into force as soon as the above conditions have been fulfilled.
Such agreements must allow:
-non-discriminatory reception 3G network subscribers of the third-party operator on the operator's GSM network;
-the supply to subscribers of the 3G network of the third-party operator of the types of services available on the GSM network of the operator and accessible to subscribers of The operator, and necessarily access to emergency services;
-the continuity of services between the GSM network of the operator and the 3G network of the third-party operator, in a transparent manner for the subscriber, including during communications, if This is technically possible and implemented for itself by the operator.
The roaming agreements concluded by the operator may provide for different arrangements, compatible with the provisions of this specification, if The other party to the agreement agrees.
In the event of a failure of the trade negotiations or disagreement on the conclusion or implementation of a roaming agreement, the Electronic Communications and Postal Regulatory Authority may be seized Application for a dispute by either party pursuant to the provisions of Article L. 36-8 of the Postal Code and Telecommunications.
6.2. Re-use of radio sites
Since the operator is a GSM operator with a 3G authorisation and uses for its own needs one of the sites or towers established in the framework of this GSM authorisation to implement equipment of its 3G network, it must allow a 3G operator without a GSM authorisation to access, under equivalent conditions, at this site, subject to technical feasibility or to Another of its sites or towers to implement its 3G equipment.
A N N E X E 3
IN DECISION N ° 2006-0239 OF 14 FEBRUARY 14, 2006
DESCRIPTION OF VERY DENSE AREAS, GSM COORDINATION ZONES 900 AND ZONES IN THE INTERSECTION OF COORDINATION AND ZONES PEU DENSES
The very dense zones represent eight zones around the following eight communes: Bayonne, Lille, Lyon, Marseille, Nice, Paris, Strasbourg and Toulouse. The following maps indicate, for each area, the municipalities located in very dense zones, the municipalities located in coordination zones around these very dense areas, and the municipalities located both in coordination zones and in small areas Dense.
Caption
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Scale : 1/1 000 000
Bayonne
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Lille
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Lyon
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Marseille
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Nice
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Paris
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Strasbourg
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Toulouse
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Done at Paris, February 14, 2006.
The President,
P. Champsaur
