Keywords, CODE Postal and electronic COMMUNICATIONS, transmission, RECEPTION, frequency, SATELLITE, satellite system, summons, application assignment, licensing, removal, renewal, duration, royalty, recovery, STATION radio, holder, OBLIGATION, permission, authority competent JORF n ° 186, August 12, 2006 page 12001 text no. 11 Decree No. 2006-1015 of 11 August 2006 concerning the frequency assignments to satellite systems and amending the code of postal and electronic communications NOR : INDI0607715D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/8/11/INDI0607715D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2006/8/11/2006-1015/jo/texte Prime Minister, on the report of the Minister of economy, finance and industry and the Minister delegate for industry, having regard to the constitution, the convention and the International Telecommunication Union radio regulations;
Pursuant to organic law of 1 August 2001 relating to the laws of finance, notably article 4 thereof;
Seeing the code postal and electronic communications, particular articles L. 41, L. 41 - 3, L. 43, l. 97 - 2, 97-3 and l. 97 - 4.
Having regard to law no 2000 - 321 of 12 April 2000 on the rights of the citizens in their relations with Governments;
Considering Decree No. 62 - 1587 December 29, 1962, amended general regulation on public accounting;
Having regard to the opinion of the Joint Technical Committee of the national frequencies Agency dated September 8, 2004;
Having regard to the opinion of the electronic communications and postal regulation authority dated March 30, 2006;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...
Book II of the second part (decrees in Council of State) of the post and electronic communications code is supplemented by a title VIII worded as follows: "part VIII" frequency assignments for the satellite systems ' chapter I: "authorisation Procedure" Section 1 "requests for frequency assignment «Art»»»»»»»» R. 52-3-1. -Applications for frequency assignment for a satellite system are addressed to the national agency of frequencies.
"The request contains the information specified in Appendix 4 of the radio regulations. It gives rise to the payment of a fee corresponding to the cost of processing of the file declared at the International Telecommunication Union increased the amount of charges relating to the payment of the amounts owed to the latter.
"Unless the requested assignments do not conform to the national table of frequency allocations or to the provisions of the instruments of the International Union of telecommunications, the national agency of frequencies declares them within a period of one month, on behalf of the France, on behalf of the applicant and shall initiate the procedure laid down by the radio regulations.
«Art.» R. 52-3-2. -The applicant brings to the national agency of frequencies the technical assistance necessary for the implementation of the provisions of the radio regulations.
«Section 2 "the requests for authorization of spectrum «Art»» R. 52-3-3. -Authorization requests relate to applications for frequency assignments previously communicated to the International Telecommunication Union by the national agency of frequencies: "1 ° either on behalf of the applicant for authorisation, in accordance with article R. 52-3-1;
«2 ° or on behalf of an administration, with the concurrence of, in frequency bands which it is receiving, in application of article L. 41;
«3 ° either on behalf of a third party, with the latter's agreement.
«Art.» R. 52-3-4. -Applications for authorization referred to in article R. 52-3-3 are addressed to the national agency of frequencies that acknowledges receipt. An order of the Minister in charge of electronic communications sets the contents of the application package.
"Any request for authorization gives rise to the payment of a fee for service rendered corresponding to the costs of handling of the file by the administration. The amount of this fee was arrested jointly by the Ministers responsible for the budget and electronic communications.
«Art.» R. 52-3-5. -In the course of the investigation procedure of authorization requests, the national agency of frequencies: "1 ° make public a summary of the application and collects the observations of interested third parties in a period and under conditions it shall determine;
"2 ° consults the administrations and authorities public owning of interested radio frequency and collect their opinions. '' In the absence of a response within a period of six weeks following the referral by the national agency of frequencies, their opinion is deemed issued.
«Art.» R. 52-3-6. -At the end of the statement, and no later than within four months from the receipt of the application, the national agency of frequencies transmits to the Minister in charge of electronic communications a folder containing: 1 ° the authorization request;
«2 ° a report of education including the results of the review of compliance with the provisions of article l. 97 - 2 - I;
«3 ° the comments and opinions collected;
«4 ° a draft authorization or a proposal to refuse.
"The Minister in charge of electronic communications has a period of two months from the receipt of the application to decide. If it is not delivered within this period, its decision is deemed negative. It shall notify the applicant and shall inform the national agency of frequencies.
«Chapter II "Obligations of the holder of the authorization referred to in article l. 97-2 «art»» R. 52-3-7. -The holder of the authorization must keep control of the issuance of all radio stations operating under cover of this authorization, including Earth stations, directly or through contracts with the operators of the stations. Contracts must include provisions enabling the holder of the authorization to suspend the activity of the stations. These provisions are communicated to the national frequencies Agency who will inform the Minister responsible for electronic communications.
«Art.» R. 52-3-8. -The holder of the authorization brings to the national agency of frequencies the technical assistance necessary for the implementation of the provisions of the radio regulations.
«Art.» R. 52-3-9. -The holder of the authorization is implementing the means necessary for the respect of the commitments made by France in the context of the International Union of telecommunications, particularly with regard to harmful interference and identification of stations, which was advised by the national agency of frequencies.
«Art.» R. 52-3-10. -The holder of the authorization provides at least once a year to the Minister in charge of electronic communications and the national agency of frequencies in any financial, commercial and technical, relating to the satellite system project or its operation, including: "1 ° elements relating to the use of the assigned frequency to which relates the authorization;
2 ° where appropriate, elements relating to developments occurring or planned in the operation of the system satellite.
«Art.» R. 52-3-11. -The holder of the authorization shall communicate without delay to the authorities mentioned in the previous article: "1 ° elements relating to any change in its capital and its rights to vote and, in the case of listed companies on the stock exchange, any declaration of crossing of threshold under the applicable law and any change in the composition of the Board of Directors;
«2 ° information on any event preventing the use, even partial, of the frequencies to which relates the authorization;
«3 ° information on the satellite system of which the list is fixed by order of the Minister in charge of electronic communications;
«4 ° information relating to the launch services provider;
«5 ° the name of the radio space stations of the system operators satellite;
«6 ° the date of commissioning of the frequency assigned to the satellite system. Chapter III ' duration and renewal of authorisation «Art» R. 52-3-12. -Subject to the provisions of article R. 52-3-14, the authorization is issued for a period of twenty years. However, when it concerns an experimental system, when the applicant proposes, or whenever justified in the planned lifetime of the system, the authorization may be issued for a lesser period.
"The authorisation may be renewed. In this case, the holder address its application to the national frequencies agency three years at least before the date of expiry of the current permission, except in the case of experimental systems referred to in the first subparagraph, where a shorter period may be provided by the authority. This application is treated as a first application.
«Chapter IV "amendment and lapse of authorization «Art»» R. 52-3-13. -When exploitation of the frequencies assigned to the satellite system, which is the subject of the authority has not started within a period of five years from the issuance of the authorization, it is null and void.
«Art.» R. 52-3-14. -When a part of the assigned frequencies are cancelled by the Bureau of the International Union radio telecommunications, in the case of coordination agreements concluded with other States members of the International Telecommunication Union or with other operators of frequencies reported by France to the International Union telecommunications, the authorization is amended by the Minister responsible electronic communications, on the proposal of the national agency of frequencies.
If all assigned frequencies covered by the authorization is rescinded by the Bureau of the International Telecommunication Union radio, the authorization lapses.
«Art.» R. 52-3-15. -If the assigned frequencies cease, in whole or in part, to be used to operate the corresponding frequency assignments may be withdrawn by the Minister responsible for electronic communications, on the proposal of the national agency of frequencies, after she collected the observations of the holder of the authorization.
«Chapter V ' financial arrangements «Art»» R. 52-3-16. -The amount of the fee referred to in article R. 52-3-1 is calculated according to the procedures laid down by an order of the Minister in charge of electronic communications.
«Art.» R. 52-3-17. -Any request for frequency assignments gives rise to payment, at the latest at the time of the filing of the application, a provision on fees mentioned in article R. 52-3-16. The amount of the provision is calculated in the manner laid down by the order provided for in article R. 52-3-16.
«Art.» R. 52-3-18. -The national agency of frequencies shall collect the levy referred to in article R. 52-3-1 under the terms laid down by articles 161-166 of Decree No. 62-1587 29 December 1962 on the general regulation of public accounting.
«Art.» R. 52-3-19. -The Director-general of the national agency of frequencies is called secondary authorising national vocation of the budget of the Ministry in charge of electronic communications for the levy referred to in article R. 52-3-4. If unable to attend, he may delegate his signature under the conditions laid down by joint order of the Minister in charge of the budget and the Minister in charge of electronic communications.
«Art.» R. 52-3-20. -Recovery and litigation fees mentioned in article R. 52-3-4 are the Accountants of the Treasury, according to the terms applicable for claims of the State foreign tax and the domain.
«Chapter VI ' provisions «Art»» R. 52-3-21. -Without prejudice to their application in its own right in Mayotte pursuant to 8 ° of the I of article 3 of Act 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 and Futuna and southern and Antarctic French, subject to the powers exercised by these communities in application of the statutes that govern. ' Article 2 more on this article...
The provisions of this Decree shall apply to requests for assignment of frequency relating to satellite systems and applications for authorization of its publication.
Article 3 read more on this article...
The Minister of economy, finance and industry, the Minister of the overseas, the Minister delegate for the budget and the reform of the State, Government spokesman and the Minister delegate for industry are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, on August 11, 2006.
Dominique de Villepin Prime Minister: the Minister delegate for industry, François Loos the Minister of economy, finance and industry Thierry Breton Minister of the overseas, François Baroin Minister delegate for the budget and the reform of the State, the Government's spokesman, Jean-François Copé