Key Benefits:
The Autorité de régulation des communications électronique et des postes,
Considering the Code of Posts and Electronic Communications, including articles L. 36-7 (6°), L. 42-1 to L. 42-3 and R. 20-44-9-8;
Having regard to the Decree of 3 February 1993 on royalties for the provision of radio and management frequencies by the holders of the authorizations issued pursuant to articles L. 42-1 and L. 42-2 of the Code of Posts and Electronic Communications, as amended by the provisions of Decree No. 2006-13 of 5 January 2006;
Having regard to the Minister's decision of 28 July 2005 on the terms and conditions of authorization for the use of radio loop frequencies available in the band 3,4-3,6 GHz in Metropolitan France;
Having regard to Decision No. 2005-0646 of the Electronic Communications and Post Regulatory Authority dated 7 July 2005 proposing to the Minister responsible for electronic communications the terms and conditions of authorization to use the local radio loop frequencies available in the band 3,4-3,6 GHz in Metropolitan France;
Having regard to Decision No. 2005-1082 of the Electronic Communications and Post Control Authority dated 13 December 2005 setting the technical conditions for the use of the frequency band 3,410-3,600 MHz for point-to-point transmission links of the fixed service;
Having regard to Decision No. 2006-0741 of the Electronic Communications and Post Regulatory Authority dated 25 July 2006 allocating to the Aquitaine Regional Council the authorization to use radio frequencies of local radio loops in the band 3.4-3,6 GHz in the Aquitaine region;
Having regard to Decision No. 2007-0474 of the Autorité de régulation des communications électronique et des postes dated 22 May 2007 approving the projects of assignment to the general councils of the Dordogne, Gironde, Landes, Lot-et-Garonne and the Pyrenees-Atlantiques of the authorization to use local radio loop frequencies attributed to the Regional Council of Aquitaine;
Having regard to Decision No. 2007-0604 of the Electronic Communications and Positions Regulatory Authority dated 5 July 2007 repealing Decision No. 2006-0741 allocating to the Aquitaine Regional Council the authorization to use radio frequencies of local radio loops of the band 3.4-3,6 GHz in the Aquitaine region;
After deliberating on 5 July 2007,
For the following reasons:
Section L. 42-3 of the Post and Electronic Communications Code (CPCE) provides that the assignment of an authorization to use radio frequencies must be accompanied, as appropriate, by the issuance of a new authorization, the repeal or modification of an existing authorization.
For assignment projects that are subject to the approval of the Authority, Article R. 20-44-9-8 of the CPCE provides that, from the notification by the Authority of its approval, the assignor or the forward assignee shall have a period of one month for, if any, to inform the Authority that they withdraw their proposed assignment.
In the absence of withdrawal at the expiry of this period, or as soon as the transferor and the transferee have confirmed the continuation of their project, the Authority shall issue new authorizations, amend or repeal existing authorizations as soon as possible.
In accordance with the procedural conditions set out in section R. 20-44-9-7 of the CPCE, the Authority shall, on the one hand, repeal the authorization of the assignor when the entire terms of use are the subject of the assignment or amend it when the assignment is partial and, on the other hand, issue a new authorization to the assignee or amend the authorization that is already assigned to it and that relates to the frequency band.
By decision No. 2006-0741 referred to above, the Regional Council of Aquitaine was authorized to use, for a point-to-multipoint network of fixed service, local radio loop frequencies of the band 3.4-3,6 GHz in the territory of the Aquitaine region.
By decision No. 2007-0474 referred to above, the Authority approved the draft total assignment to the general councils of Dordogne, Gironde, Landes, Lot-et-Garonne and the Pyrenees-Atlantiques of the authorization under consideration.
Accordingly, by this decision, the Autorité authorizes the General Council of the Gironde to use the radio loop frequencies of the band 3,4-3,6 GHz in the territory of the Gironde department.
The general conditions for the use of frequencies, as set out in the provisions of Part B of the schedule to Decision No. 2005-0646 referred to above, are set out in Appendix 1 to this decision.
The special obligations of the Gironde General Council, which resume the initial commitments made by the Aquitaine Regional Council in its application file for the territory of the Gironde Department, are set out in Appendix 2 to this decision,
Decides:
The General Council of the Gironde is authorized to use the frequency band BLR 2 for a multi-point local loop network: 3 432.5-3 447,5 MHz and its duplex 3 532.5-3 547,5 MHz for fixed service on the Gironde department.
This frequency usage authorization is effective from the date of this decision and expires on July 24, 2026. At least two years before the expiry date will be notified to the licensee of the terms and conditions for the renewal of the authorization and the reasons for a refusal to renew.
This Frequency Use Authorization is subject to the licensee's compliance with the conditions set out in the appendices to this decision.
The head of the operator service and regulation of the rare resources of the Autorité de régulation des communications électronique et des postes is responsible for the execution of this decision, which will be notified to the general council of the Gironde and published on the website of the Autorité, and in the Official Journal of the French Republic.
A N N E X E 1
DECISION No. 2007-0606 OF THE AUTHORITY OF
ELECTRONIC COMMUNICATIONS AND POSTS
Conditions of use of band 3,4-3,6 GHz
that the licensee is authorized to use
I. - Nature of equipment, network and services
I-1. Nature of the network and services
The network that is authorized to establish and operate the licensee with its local radio loop frequencies is a multipoint point network that uses band 3.4-3,6 GHz frequencies for fixed service.
The licensee is authorized to propose a nomadic service offer in accordance with the following definition:
A nomadic service offer is a service offer that allows customers (with suitable terminal equipment) to connect to the licensee's network in different points covered by its network, the terminal equipment remaining fixed throughout the communication with the base station network. It can move out of connection times.
The licensee shall offer a subscriber connection offer at any point covered by its network, if any via a retail operator. It is authorized to use its local radio loop frequencies to establish and operate point to multipoint infrastructure links within 10% of the assigned frequencies.
I-2. Cover area
The coverage area of this permission to use frequencies is the Gironde department.
I-3. Deployment schedule
In accordance with the selection procedure, the licensee is required to use the frequencies assigned to it by 25 July 2008. This use will need to be effective in each of the departments where it receives a frequency authorization.
In order for the Authority to be able to verify that this obligation to use the frequencies assigned to it is well respected, the licensee shall, at its request, provide the Authority with information allowing the licensee to verify compliance with this obligation. The licensee will be declared to respect this obligation if, for the Gironde department, it actively operates a local radio loop site, a service offer is available and has a clientele.
If the licensee fails to comply with this requirement to use the frequency in the department covered by its authorization, the Authority may withdraw the licence to use the frequency that it holds in that department.
Compliance with this minimum obligation does not prejudge the licensee's compliance with its obligations with respect to the territorial extent of deployment, which are set out in annex 2 to this decision.
I-4. Technical Conditions for Frequency Use
Band 3 410-3 600 MHz
The licensee shall adhere to the technical conditions for the use of the frequency band 3 410-3 600 MHz for the point to multipoint transmission links of the fixed service as defined by the regulations in force.
II. - Duration of authorization
The authorization to use local radio loop frequencies is effective from the date of this decision and expires on July 24, 2026.
At least two years before the expiry date of the licence to use the frequencies, the licensee shall be notified of the conditions for the renewal of the authorization and the grounds for non-renewal.
III. - Revocations due by the licensee
The annual charges to be paid by the licensee for the provision and use of local radio loop frequencies are set out in the amended Decree of 3 February 1993 on charges for the provision of radio and management frequencies due by the licensees of the authorizations issued under sections L. 42-1 and L. 42-2 of the Post and Electronic Communications Code.
In addition, where applicable, as a licensee of a general authorization to establish and operate a network open to the public and to provide electronic communications services, the licensee is subject to the payment of the annual administrative tax, under the conditions prescribed by the Financial Act.
IV. - Technical requirements to avoid
harmful interference
This Part describes the technical conditions to be met by the licensee in order to avoid harmful interference.
"BLR operator" means any natural or legal person with a licence to use the radio loop frequencies issued by the Electronic Communications Regulatory Authority and posts in the band 3,4-3,6 GHz.
If a complaint is filed with the NFRA, the following rules apply:
- if one of the uses of the frequencies in question is not reported to the Frequency Assignment Commission (CAF), it must be dismantled;
- if one of the uses of the frequencies in question does not comply with its FCA declaration, the FCA must be in compliance with its statement, if not dismantled;
- if all uses of the frequencies in question are reported to the FCA and comply with their FCA declaration, the most recent reporting date must be dismantled: the aerial rule applies.
In addition, the Autorité encourages the definition by concerned BLR operators of specific modalities for the prevention of interference.
IV-1. Technical conditions applicable to the geographic limits of authorization between BLR operators using the same frequency band
The frequencies assigned to the licensee may be assigned to another BLR operator on an adjacent coverage area. In order to avoid interference between BLR operators, each must respect, outside the coverage area of its authorization, the following power surfer density limit: - 131 dBW/(MHz*m2).
However, two BLR operators with adjacent authorization zones can make an agreement to exceed this surferacic power density value: this agreement must be the subject of a contract with a copy of which it is transmitted to the Authority. In all cases, if a interference complaint is filed with the ANFR, the power surfer density limit of - 131dBW/(MHz*m2) shall be met.
IV-2. Breakdown between adjacent band users
The frequencies adjacent to those assigned to the licensee are used either by hertzian beams for the carriage of television channels, or by other BLR operators, or by equipment of the Ministry of Interior.
The licensee has an obligation not to interfere with earlier summonses and is protected against interference by any subsequent assignments within the meaning of the statement to the Frequency Designation Commission (FAC).
It is up to the licensee, if it wishes to install a new multipoint point emission area using frequencies assigned to it, to take measures to ensure the absence of interference by its future installation of earlier assignments in adjacent frequency bands, by making the interference calculations between the sites they will install and the existing installations. The interference criteria for evaluating these interferences are:
Interferences generated by the emissions of local radio loop systems shall not cause an increase in the level of the thermal noise of the receiver of a point-to-point hertzian beam corresponding to a maximum degradation of the margin of the 1 dB (case of a single jammer) and 3 dB (integrated interference). In addition, the "integrated interference" criterion can only be taken into account if the "unique interference" criterion is previously met.
It is also up to the licensee to transmit to the Authority the elements allowing to register any new assignments to the FNF, according to the procedure defined by the CAF and under the conditions defined by the Authority and specified on its website. Compliance with this procedure requires regulatory safeguards for the protection of the assignment with respect to subsequent assignments for BLR systems or other radiocommunication services.
IV-3. Progressive release of part of BLR frequencies
in the band 3,4-3,6 GHz
Given the rate of release of frequency bands 3,4-3,6 GHz for the local radio loop as anticipated, it is likely that the quantities of frequencies it is intended to allocate to each BLR operator will not be available entirely at the time of assignment. The Authority will ensure that the user release schedule for this band is respected.
The current use of lot BLR 2 by the transport beams of national television channels is being released. All of these beams will be dismantled for December 31, 2006. For example, the projected number of residual audiovisual beams in BLR 2 is 12 at the end of June 2006 and 7 at the end of September 2006.
A precise technical description of the transport beams still in operation in lot BLR 2 on the year 2006 is made available to BLR operators impacted on the Authority's website.
IV-4. Technical conditions necessary to limit exposure
public to electromagnetic fields - Sharing of sites
Site sharing should be systematically promoted, in addition to the provisions of articles L. 47 and L. 48 of the Post and Electronic Communications Code. To this end, operators, under Article L. 33-1 of the Post and Electronic Communications Code, will be requested to adhere to the following principles:
When the licensee plans to establish a site or pylon, it must:
- favour, to the extent possible, any sharing solution with an existing site or pylon;
- ensure that the conditions for the establishment of each of the sites or pylons make possible, on these same sites and subject to technical compatibility, the subsequent reception of infrastructure of other BLR operators;
- respond to reasonable requests to share their sites or pylons from other BLR operators.
V. - Obligations arising from international agreements
relating to the use of frequencies
The licensee shall adhere to the rules defined in the field of frequencies by the ITU Convention (International Telecommunication Union) by the regulation of international telecommunications, by the regulation of radiocommunication, by international agreements and by the regulation of the European Community.
The use of radio spectrum by neighbouring countries may restrict the conditions for the use of certain channels available to the licensee.
These agreements may be provided, upon request by the licensee, by the Electronic Communications and Posts Regulatory Authority.
In the absence of an agreement with the administration of the country concerned, if the licensee wishes to deploy radio systems that could affect the operation of radio systems in other countries, the licensee shall, in advance of any deployment, issue to the Authority a request for frequency coordination.
VI. - Participation obligations
to appeal for applications under Article L. 42-2
The obligations arising from the commitments made by the Regional Council of Aquitaine, in its application file for the selection procedure, conducted under Article L. 42-2 of the Code of Posts and Electronic Communications, are taken in full by the General Council of the Gironde for the Department of the Gironde, as it has entered into the project of assignment notified to the Authority.
These obligations are contained in annex 2 to this decision.
VII. - BLR Network established and/or operated by a third party
VII-1. Frequency disposal mechanism
secondary market
Radio local loop frequencies may be disposed of in the secondary market of the authorizations to use frequencies, subject to their listing in the first paragraph of section L. 42-3 of the Post and Electronic Communications Code. These assignments shall be subject to the prior approval of the Authority, under the conditions provided for by the decree of application of Article L. 42-3 of the Code of Posts and Electronic Communications.
VII-2. Operation of local radio loop frequencies
by a third party
The licensee may operate by a third party the frequencies it is authorized to use. These frequencies are subject to the approval of the Authority.
From the point of view of the permission to use the frequencies, the controller remains the attribute of the permission to use the frequencies. All administrative procedures related to this authorization must be done by the licensee, in particular with respect to the reporting to the Authority, for transmission to the FCA of the emission sites. For the purpose of this declaration, the operator's contact information should be explicitly forwarded for proper consideration by the FCA.
The rights and obligations listed in the BLR Frequency Authority apply to the licensee and not to the frequency tenant. The licensee shall be responsible to the Authority for the compliance of all the obligations contained in its authorization to use the frequency of which the technical conditions necessary to avoid interference that may be done by the tenant of the frequencies.
A N N E X E 2
DECISION No. 2007-0606 OF THE AUTHORITY OF
ELECTRONIC COMMUNICATIONS AND POSTS
Obligations that apply to the General Council of the Gironde, which resume the commitments made by the Regional Council of Aquitaine in its application file
The licensee is required to adhere to all commitments made in the application file filed by the Aquitaine Regional Council as part of the selection process. This annex contains the main obligations in accordance with the commitments made in this application.
Only the initial licensee's commitment to pay a specified amount if a frequency band has been assigned to it on the Aquitaine area is not included in this annex. This obligation was fulfilled by the original licensee.
With respect to the commitments and obligations for which there are no deadlines and those not explicitly included in this annex, the licensee shall transmit to the Authority, at its request, the elements enabling it to control its compliance.
The obligations cited are defined as obligations related to the use of local radio loop frequencies assigned by this decision.
1. Obligations in territorial scope
deployment
The licensee is subject to obligations for the deployment of sites equipped with a base station using 3.5 GHz band frequencies, in the various types of areas and the deadlines indicated, in accordance with the provisions of the notice of appeal for applications referred to above.
In accordance with the commitments made by the licensee, these obligations are:
Table of the number of sites equipped with a base station
You can see the table in the OJ
No. 206 of 06/09/2007 text number 96
Compliance with these deployment obligations does not prejudge the licensee's compliance with the minimum territorial deployment requirement set out in I-3 of Appendix 1 to this decision.
The licensee shall, upon request, provide the Authority for the regulation of electronic communications and posts with information to enable the licensee to verify compliance with the deployment obligations referred to above and to assess the conditions of use of the frequencies.
2. Obligations in wholesale supply
The licensee proposes wholesale offers to the characteristics in accordance with the commitments it has entered into in its application file for the BLR selection procedure.
In particular, the licensee is required to offer, directly or via its delegate, a wholesale high-speed BLR service offer, excluding a retail offer.
Done in Paris, July 5, 2007.
The president,
P. Champsaur
