Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister Delegate to Industry,
Considering the constitution, convention and regulation of radiocommunications of the International Telecommunication Union;
Having regard to the Organic Law of 1 August 2001 on Financial Laws, including Article 4;
Considering the post and electronic communications code, including articles L. 41, L. 41-3, L. 43, L. 97-2, L. 97-3 and L. 97-4;
Having regard to Act No. 2000-321 of 12 April 2000 on the Rights of Citizens in Their Relations with Government;
In view of the amended Decree No. 62-1587 of 29 December 1962 on the General Regulation on Public Accounts;
Considering the advice of the National Frequency Agency's Joint Technical Committee dated 8 September 2004;
Considering the opinion of the Electronic Communications and Post Regulatory Authority dated 30 March 2006;
The State Council (section of public works) heard,
Decrete:
Book II of Part II (Council Decrees) of the Post and Electronic Communications Code is supplemented by a title VIII written as follows:
“ITTRE VIII
"RELATIVE FREQUENCE ASSIGNATIONS
SATELLITIES
“Chapter I
" Authorization procedure
“Section 1
« Frequency assignment applications
"Art. R. 52-3-1. - Frequency assignment requests for a satellite system are addressed to the National Frequency Agency.
"The application contains the information set out in Appendix 4 to the Radiocommunication Regulations. It provides for the payment of a royalty corresponding to the processing costs of the file declared to the International Telecommunication Union increased from the amount of the fees for the payment of the amounts due to the latter.
"Unless the summons is not in accordance with the national frequency band distribution table or the provisions of the instruments of the International Telecommunication Union, the National Frequency Agency shall declare them within one month, on behalf of France, on behalf of the applicant and initiate the procedure provided for by the Radiocommunication Regulations.
"Art. R. 52-3-2. - The applicant shall provide the National Frequency Agency with the technical assistance necessary to implement the provisions of the Radiocommunication Regulations.
“Section 2
“Instruction of applications
authorization to operate frequencies
"Art. R. 52-3-3. - Applications for authorization relate to requests for frequency assignments previously communicated to the International Telecommunication Union by the National Frequency Agency:
« 1° Either on behalf of the applicant for authorization, in accordance with Article R. 52-3-1;
« 2° Either on behalf of an administration, with the agreement of the administration, in bands of frequencies of which it is affectionate, pursuant to Article L. 41;
« 3° Either on behalf of a third party, with the agreement of it.
"Art. R. 52-3-4. - Applications for authorization referred to in R. 52-3-3 are addressed to the National Frequency Agency which acknowledges receipt of such requests. A Minister of Electronic Communications order sets out the content of the application file.
"A request for authorization shall result in the payment of a paid service fee corresponding to the costs of processing the file by the administration. The amount of this fee is determined jointly by the Ministers responsible for the budget and electronic communications.
"Art. R. 52-3-5. - The National Frequency Agency:
« 1° publicizes a summary of the application and collects comments from interested third parties within and under the conditions it determines;
« 2° Consults with interested public authorities and authorities of radio frequencies and collects their opinions. In the absence of a response within six weeks of their referral by the National Frequency Agency, their notice is deemed to be issued.
"Art. R. 52-3-6. - Upon completion of the instruction, and no later than four months after receipt of the application, the National Frequency Agency shall forward to the Minister responsible for electronic communications a file containing:
« 1° Application for authorization;
« 2° An instruction report including the results of the compliance review with the provisions of Article L. 97-2-I;
« 3° The observations and opinions collected;
« 4° A draft authorization or a proposal for refusal.
"The Minister responsible for electronic communications has a period of two months from the receipt of the file to decide. If he did not make a decision within that time, his decision is deemed negative. It shall notify the applicant and inform the National Frequency Agency.
“Chapter II
" Obligations of the Licensee
under Article L. 97-2
"Art. R. 52-3-7. - The licensee shall maintain continuous control over the issuance of all radio stations operating under this authority, including Earth stations, directly or through contracts with the station operators. Contracts must include stipulations allowing the licensee to interrupt the activity of the stations. These stipulations are communicated to the National Frequency Agency to inform the Minister for Electronic Communications.
"Art. R. 52-3-8. - The licensee shall provide the National Frequency Agency with the technical assistance necessary to implement the provisions of the Radiocommunication Regulations.
"Art. R. 52-3-9. - The licensee shall implement the necessary means to comply with the commitments made by France under the International Telecommunication Union, including in respect of harmful interference and the identification of stations, which the National Frequency Agency has informed.
"Art. R. 52-3-10. - The licensee shall provide, at least once a year to the Minister for Electronic Communications and the National Agency for Frequencies, financial, commercial and technical elements related to the satellite system project or its operation, including:
« 1° The elements relating to the use of the assigned frequency to which the authorization relates;
« 2° Where applicable, elements relating to developments in or planned in the operation of the satellite system.
"Art. R. 52-3-11. - The licensee shall forthwith communicate to the authorities mentioned in the preceding article:
« 1° The elements relating to any change in its capital and voting rights and, in the case of publicly traded companies, any declaration of threshold crossing under the applicable legislation and any changes in the composition of the board of directors;
« 2° Information on any event that prevents the use, even partial, of the frequencies to which the authorization relates;
« 3° Information on the satellite system that is listed by order of the Minister for Electronic Communications;
« 4° Information on the launch service provider;
« 5° The name(s) of the radio space station(s) of the satellite system;
« 6° The date of commissioning the frequency assigned to the satellite system.
“Chapter III
"Term and renewal of authorization
"Art. R. 52-3-12. - Subject to the provisions of Article R. 52-3-14, the authorization shall be granted for a period of twenty years. However, when it concerns an experimental system, when the applicant proposes it or when the predictive life of the system justifies it, the authorization may be issued for a lesser period.
"The authorization can be renewed. In this case, the licensee shall apply to the National Frequency Agency at least three years before the expiry date of the current authorization, except in the case of the experimental systems mentioned in the first paragraph, for which a shorter period may be provided by the authorization. This application is treated as a first application.
“Chapter IV
"Amendment and Caducity of Authorization
"Art. R. 52-3-13. - When the operation of the frequencies assigned to the satellite system that is the subject of the authorization has not commenced within a period of five years from the issuance of the authorization, the authorisation is obsolete.
"Art. R. 52-3-14. - Where a portion of the assigned frequencies are cancelled by the Radiocommunication Bureau of the International Telecommunication Union, in the case of coordination agreements with other member States of the International Telecommunication Union or with other frequency operators declared by France to the International Telecommunication Union, the authorization is amended by the Minister responsible for electronic communications, on the proposal of the National Frequency Agency.
If all assigned frequencies on which the authorization is issued are cancelled by the Radiocommunication Office of the International Telecommunication Union, the authorization shall be voided.
"Art. R. 52-3-15. - If the assigned frequencies cease, in whole or in part, to be used, the authorization to operate the corresponding frequency assignments may be withdrawn by the Minister responsible for electronic communications, on the proposal of the National Frequency Agency, after it has collected the comments of the licensee.
“Chapter V
“Financial provisions
"Art. R. 52-3-16. - The amount of the royalty referred to in R. 52-3-1 is calculated on the terms and conditions established by a Minister's order for electronic communications.
"Art. R. 52-3-17. - Any application for frequency assignments shall, at the latest at the time of filing of the application, give rise to a provision on royalties referred to in R. 52-3-16. The amount of the provision is calculated on the terms and conditions set out in the order provided for in section R. 52-3-16.
"Art. R. 52-3-18. - The National Frequency Agency shall collect the royalty referred to in R. 52-3-1 in accordance with the terms set out in sections 161 to 166 of Decree No. 62-1587 of 29 December 1962 on the General Regulation of Public Accounts.
"Art. R. 52-3-19. - The Director General of the National Frequency Agency is appointed National Secondary Order of the Department of Electronic Communications Budget for the royalty referred to in R. 52-3-4. In the event of an incapacity, it may delegate its signature under the conditions established by a joint order of the Minister for Budget and the Minister for Electronic Communications.
"Art. R. 52-3-20. - The recovery and litigation of the royalties referred to in R. 52-3-4 are the responsibility of the Treasury accountants, in accordance with the terms applicable to the claims of the foreign State to the tax and the domain.
“Chapter VI
“Special provisions
"Art. R. 52-3-21. - Without prejudice to their full application to Mayotte under the 8th I of Article 3 of Law No. 2001-616 of 11 July 2001 on Mayotte, Articles R. 52-3-1 to R. 52-3-20 are applicable in New Caledonia, French Polynesia, Wallis-et-Futuna and in the Southern and Antarctic Lands, subject to the competences exercised by these communities. »
The provisions of this Order shall apply to applications for frequency assignments relating to satellite systems and to requests for authorization submitted from the date of publication.
The Minister of the Economy, Finance and Industry, the Minister of the Overseas, the Minister Delegate for Budget and State Reform, spokesperson for the Government, and the Minister Delegate for Industry are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, August 11, 2006.
Dominique de Villepin
By the Prime Minister:
Minister Delegate to Industry,
François Loos
Minister of Economy,
finance and industry,
Thierry Breton
The overseas minister,
François Baroin
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
